BOARD COORDINATOR GENESEE COUNTY BOARD OF COMMISSIONERS B E A C H S T R E E T, R O O M F L I N T, M I C H I G A N

Transcription

1 BOARD COORDINATOR GENESEE COUNTY BOARD OF COMMISSIONERS B E A C H S T R E E T, R O O M F L I N T, M I C H I G A N TELEPHONE: (810) FAX: (810) JOSHUA M. FREEMAN COORDINATOR GOVERNMENTAL OPERATIONS COMMITTEE Monday, October 30, 2017, 9:00 a.m. AGENDA I. CALL TO ORDER II. III. IV. ROLL CALL MINUTES October 16, Attached PUBLIC COMMENT TO COMMITTEE V. COMMUNICATIONS VI. VII. OLD BUSINESS NEW BUSINESS A. G103017VIIA: Burial Claims Attached B. G103017VIIB: Circuit Court: Request approval to submit the Genesee County Compliance Plan for Indigent Defense, Standards 1-4 Attached C. G103017VIIC: Circuit Court: Request approval of a contract with Gear Up to Lead and Peckham Inc. to proceed with implementing a non-traditional year-round educational setting that provides education and vocational opportunities for students develop the social and emotional skills needed to succeed Attached D. G103017VIID: Circuit Court: Request approval of a contract with Easter Seals to proceed with implementing intensive home-based therapeutic services for court-involved youth as an alternative to residential placement Attached E. G103017VIIE: Prosecuting Attorney: Request approval to enter into service of process agreements with Precision Process Services LLC, JJ Hunter & Associates, and Abigail Stubbs for FY Attached (ROLL CALL VOTE REQUESTED) F. G103017VIIF: Office of the Sheriff: Request approval to enter into a police services contract between the Office of Genesee County Sheriff and Genesee Intermediate School District for the period September 1, 2017 August 31, Attached 1

2 GOVERNMENTAL OPERATIONS COMMITTEE OCTOBER 30, 2017 G. G103017VIIG: Animal Control: Request approval to direct the purchasing manager to authorize the previously requested purchase orders, All About Animal Rescue and Henry Schein Pharmaceuticals Attached (ROLL CALL VOTE REQUESTED) H. G103017VIIH: Community Corrections: Request approval to accept the Michigan Department of Corrections-Office of Community Corrections Comprehensive Plans and Services contract for FY2018 and to enter into letters of agreement and subcontracts -- Attached I. G103017VIII: Controller: Request approval to reclassify the compliance auditor position to that of risk coordinator and move this position to the Risk Management Department Attached (ROLL CALL VOTE REQUESTED) J. G103017VIIJ: Human Resources: Request approval of the Blue Cross Blue Shield of Michigan rate updates for retirees -- Attached K. G103017VIIK: Human Resources: Request approval of the HAP retiree plan rates renewal -- Attached VIII. OTHER BUSINESS Closed Session: To discuss trial or settlement strategy in the following matters: 1. Drain Commissioner v. Genesee County, 7 th Circuit Court no John Gleason v. Genesee County, 7 th Circuit Court no IX. ADJOURNMENT 2

3 GOVERNMENTAL OPERATIONS COMMITTEE Monday, October 16, 2017, 9:00 a.m. MINUTES CALL TO ORDER Chairperson Nolden called the Governmental Operations Committee to order at 9:02 a.m. ROLL CALL Roll Call. Present: Nolden, Clack, Ellenburg, Courts, Young, Cousineau, Henry, Martin. Absent: Shapiro. MINUTES October 2, 2017 Attached Motion: To approve the minutes of the October 2, 2017 Governmental Operations committee meeting, as presented. Action: Approve, Moved by Young, Seconded by Ellenburg. Motion passed unanimously. PUBLIC COMMENT TO COMMITTEE None COMMUNICATIONS None OLD BUSINESS None NEW BUSINESS G101617VIIA: District Court: Request approval for a budget amendment to reestablish two line items, Transcript Account (50500) and Service Contract Account (46205) and move $25,000 from the Service Contract Account back to the Transcript Account Attached

4 GOVERNMENTAL OPERATIONS COMMITTEE OCTOBER 16, 2017 Motion: To approve request for a budget amendment to reestablish two line items, Transcript Account (50500) and Service Contract Account (46205) and move $25,000 from the Service Contract Account back to the Transcript Account. Action: Approve, Moved by Young, Seconded by Clack. Motion passed unanimously. G101617VIIB: Circuit Court: Request approval to enter into contracts to purchase services for delinquent youth Attached Motion: To approve request to enter into contracts to purchase services for delinquent youth. Action: Approve, Moved by Henry, Seconded by Young. Motion passed unanimously. G101617VIIC: Circuit Court: Request approval to enter into two year contracts with various residential placements -- Attached Motion: To approve request to enter into two year contracts with various residential placements. Action: Approve, Moved by Henry, Seconded by Martin. Motion passed unanimously. G101617VIID: Circuit Court: Request approval to enter into a one year contract extension with Genesee Youth Corporation to provide treatment to diverted delinquent youth Attached Motion: To approve request to enter into a one year contract extension with Genesee Youth Corporation to provide treatment to diverted delinquent youth. Action: Approve, Moved by Young, Seconded by Henry. Motion passed unanimously. G101617VIIE: Probate Court: Request approval to accept the grant awards for the Problem-Solving Court programs Adult Mental Health Court, Juvenile Mental Health Court, and Veterans Treatment Court -- Attached Motion: To approve request to accept the grant awards for the Problem-Solving Court programs Adult Mental Health Court, Juvenile Mental Health Court, and Veterans Treatment Court. Action: Approve, Moved by Henry, Seconded by Ellenburg. Motion passed unanimously. 2

5 GOVERNMENTAL OPERATIONS COMMITTEE OCTOBER 16, 2017 G101617VIIF: Office of the Sheriff: Request approval to submit the FY 2018 Emergency Management Performance Grant Agreement - Initial Work Agreement for October 1, 2017 September 30, 2018 Attached Motion: To approve request to submit the FY 2018 Emergency Management Performance Grant Agreement - Initial Work Agreement for October 1, 2017 September 30, Action: Approve, Moved by Martin, Seconded by Ellenburg. Motion passed unanimously. G101617VIIG: GIS: Request approval of ESRI Software Maintenance for 2017/2018 Attached Motion: To approve ESRI Software Maintenance for 2017/2018. Action: Approve, Moved by Henry, Seconded by Young. Motion passed unanimously. G101617VIIH: Human Resources: Request approval of Teamster 214 FOC Supervisors Bargaining Agreement Attached Motion: To approve Teamster 214 FOC Supervisors Bargaining Agreement. Action: Approve, Moved by Young, Seconded by Courts. Motion passed unanimously. G101617VIII: Consortium: Request to Adopt 3d Supplement to Service Plan -- Attached Motion: To approve request to Adopt 3d Supplement to Service Plan. Action: Approve, Moved by Young, Seconded by Courts. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Clack, Courts, Cousineau, Ellenburg, Henry, Martin, Nolden, Young. OTHER BUSINESS None 3

6 GOVERNMENTAL OPERATIONS COMMITTEE OCTOBER 16, 2017 ADJOURNMENT Motion: To adjourn the Governmental Operations Committee meeting. Action: Adjourn, Moved by Young, Seconded by Ellenburg. Motion passed unanimously. Chairperson Nolden adjourned the Governmental Operations Committee meeting at 9:22 a.m. Transcribed by: Kimberly L. Cunningham Secretary/Stenographer 4

7 Genesee County Board of Commissioners 1101 BEACH STREET, ROOM 312 FLINT, MICHIGAN TELEPHONE: (810) FAX: (810) GOVERNMENTAL OPERATIONS COMMITTEE Bryant W. Nolden, Chairperson October 30, COMMISSIONERS- BRYANT NOLDEN DISTRICT 1 BRENDA CLACK DISTRICT 2 ELLEN ELLENBURG DISTRICT 3 KIIM COURTS DISTRICT 4 MARK YOUNG DISTRICT 5 BURIAL CLAIMS Submitted October 24, 2017: Burial Claims: $ Headstone Claims: 0.00 TOTAL CLAIMS: $ DREW SHAPIRO DISTRICT 6 MARTIN COUSINEAU DISTRICT 7 TED HENRY DISTRICT 8 TOTAL BURIAL CLAIMS $ DAVID MARTIN DISTRICT 9 klc Approved Bryant W. Nolden, Chair Governmental Operations Committee Date

8 Soldiers Relief Commission Jeanne Thick, Director Phone: (810) Fax: (810) Beach Street Flint, Michigan Monica Kannai, Secretary Marilyn James, Secretary Pandora Nash, Secretary Burial and Headstone Claims, submitted on October 24, 2017, for the next regular Governmental Operations Committee Meeting - October 30, 2017 DECEASED MORTUARY CLAIMANT PAYMENT SADLER, GLYN WILBURN SWARTZ FUNERAL HOME SADLER, RONALD $ GRENFELL, JOHN ALAN HANSEN FUNERAL HOME GRENFELL, LIZABETH $ WILLMOWITZ, JEROME DODDS DUMANOIS FUNERAL H WILLMOWITZ, NADINE $ TOTAL $ HEADSTONE CLAIMS DECEASED CLAIMANT PAYMENT TOTAL $0.00 TOTAL BURIAL AND HEADSTONE CLAIMS $900.00

9 BARBARA A. MENEAR COURT ADMINISTRATOR 900 SOUTH SAGINAW STREET FLINT, MICHIGAN PHONE: (810) FAX: (810) To: Governmental Operations Committee Bryant Nolden, Chairperson From: Barbara Menear Re: MIDC Compliance Plan Date: October 24, 2017 On June 19, 2017 the Genesee County Board of Commissioners approved the membership of the local work group for the Michigan Indigent Defense Commission (MIDC) local compliance plan. MCL et seq, established the MIDC. The Act requires all Michigan counties to present local plans to comply with duly adopted indigent defense standards. The first four (4) standards have been adopted by the State of Michigan, Licensing and Regulatory Affairs (LARA) Office. Counties have until November 20, 2017 to submit plans, with both a narrative and cost analysis component. MIDC then has sixty (60) days to review a plan for approval. A county has six (6) months to implement the compliance plan, after receiving funds. [MCL (10)]. If a plan is not funded, compliance cannot be required. The first four standards are: (1) Training and Education (2) Initial Interview of Client (3) Experts & Investigators and (4) Counsel at First Appearance and Other Critical Stages of the Case. A local plan has been developed. It is attached to this memorandum for your review and understanding. I want to thank the members of the Genesee County Local Compliance Plan Work Group, whose membership is attached. Their expertise and assistance was absolutely necessary to arrive at a plan of action. This submission is a narrative and a cost analysis, not a final document from which further county action will be taken at this time. Action Requested: Approve submission of the Genesee County Compliance Plan for Indigent Defense, Standards 1-4.

10 Compliance Plan for Indigent Defense Standards 1 4 INSTRUCTIONS Local indigent defense systems have until November 20, 2017, to submit to the Michigan Indigent Defense Commission (MIDC) a plan for compliance with the first four approved minimum standards for indigent criminal defense services. This document includes instructions and a compliance plan structure for the submission and information on how to calculate your request for state funding. All application questions must be answered within the requirements, and all attachments and signatures included for a complete application. Failure to submit a complete application will result in the application being disapproved and returned, per MCL (4). Applications should be submitted through the MIDC s web portal at The application document includes the following sections: Applicant Information, Compliance Plan Narrative, Cost Analysis, Local Share Calculation, Data Collection, and Grant Calculation. The MIDC website, hosts helpful information for compliance planning including additional guidelines, detailed white papers on each of the four standards and several model plans including sample cost analyses for different local indigent defense delivery systems. Guidelines for the Cost Analysis and Local Share in the Compliance Plan All proposed, estimated, or actual expenditures reported in either the Cost Analysis or the Local Share should be reflective of direct indigent defense system activities. For any funding requests for ancillary agencies, the claimed expense must be reasonably and directly related to the indigent defense function, with a clear justification and compelling rationale. The Local Share calculation which acts as a baseline for continued funding unit contribution to the indigent defense system may be reported as an estimate if the actual funding level cannot be calculated. If an estimate is provided for the Local Share, the methodology to calculate the estimate must be reported. All Local Share calculations must be certified by the authorizing official on the application. The following instructions provide general guidance for the Cost Analysis and, specifically, the enhanced costs to meet the provisions of the four standards. The costs, expenditures, and rates proposed are presumed reasonable; variations will be considered on a case-by-case basis. Page 1 of 27

11 Standard 1 - Indigent defense systems may achieve this standard by having attorneys register for a specific training or by facilitating a local or regional training program. Registration for CLE hours will be allowed at the rate of $25 per credit hour. Instructors for training programs will be reimbursed at reasonable consultant rates commensurate with the local market. A guideline for illustrative purposes may be up to $75/hr with allowance for program development and preparation time for the training. Travel expenses for the attorneys to attend training or instructors for training programs will be reimbursed at current State of Michigan travel rates for mileage, meals, and lodging, if needed. Standard 2 - Attorney time to meet this standard will be reimbursed according to reasonable local attorney rates, whether salaried, contract, or assigned attorneys. To facilitate early communication, practical use of technologies available for digital face-to-face communication may be employed. Supplies and equipment needed for technology-based communications will be considered. If it is necessary to create or alter building space to provide a confidential setting for attorneys and their clients, renovation expenses are allowed up to a maximum of $25,000 per location. Requests exceeding $25,000 will be reviewed with higher due diligence and considered with accompanying documentation for justification. Standard 3 - Expenses for investigators will be considered at hourly rates not to exceed $75. Expenses for expert witnesses will follow a tiered level of compensation based on education level and type of expert,* not to exceed these amounts: High School or Equivalent Associate s Degree Bachelor s Degree Master s Degree Crime Scene and Related Experts CPA/Financial Expert Pharmacy/PharmD Information Technology Experts Ph.D./Licensed Doctor $30/hr $50/hr $70/hr $85/hr $100/hr $100/hr $125/hr $150/hr $200/hr *The table of expert hourly rates is adopted from the guidelines published by the North Carolina Indigent Defense Services Commission. Variations will be considered on a case-by-case basis. Each indigent defense system will be limited to a capped amount of funds for investigators and experts based on the total new circuit adult criminal filings within the jurisdiction in the most recent calendar Page 2 of 27

12 year, as reported and certified with the State Court Administrative Office. Systems within district courts of the 3 rd class are considered in Tier I unless special circumstances are presented cases/year = Tier I - $10, cases/year = Tier II - $25,000 1,000 9,999 cases/year = Tier III - $50,000 Over 10,000 cases/year = Tier IV To be determined bases on further discussion and review of records of the system(s) Standard 4 - Attorney time to meet this standard should be reimbursed according to reasonable attorney rates, whether salaried, contract, or assigned attorneys. Methods for implementation can include oncall or appointed attorney systems, or other efficient models. APPLICANT INFORMATION Applicant Funding Unit(s): Genesee County Trial Courts Included in this Compliance Plan Submission: 7 th Judicial Circuit Court, 67 th District Court Fiduciary Funding Unit: Genesee County Federal ID Number: Street Address/City/Zip Code: 1101 Beach Street/ Flint/48502 AUTHORIZED OFFICIAL (Person Authorized to Enter into Agreements): Name and Title Mark Young, Chairperson, Genesee County Board of Commissioners Street Address/City/Zip 1101 Beach Street/Flint/48502 Telephone Address myoung@co.genesee.mi.us Signature Date Page 3 of 27

13 PRIMARY CONTACT CONTACT INFORMATION (Person Responsible for Oversight and Reporting of Standards Implementation): Name and Title Barbara Menear, Circuit Court Administrator Street Address/City/Zip 900 S. Saginaw Street/Flint/48502 Telephone Address Signature Date FINANCIAL CONTACT (Person Responsible for Grant Accounting): Nerahoo Hemraj, Genesee County Controller Street Address/City/Zip 1101 Beach Street/Flint/48502 Telephone Address Signature Date Page 4 of 27

14 COMPLIANCE PLAN NARRATIVE Briefly describe the indigent defense delivery system(s) contract, assigned counsel, or public defender that the funding unit(s), for which this application is being considered, employed to deliver services before the MIDC Act took effect (July 1, 2013). Genesee County has an assigned counsel system to provide legal representation for indigent defendants accused of a felony offense. There is a system for individual case assignments based on severity of offense and experience of counsel. Legal services for defendants charged with a circuit court probation violation or bench warrant for failure to appear are provided by a team of 3 attorneys, servicing the courtrooms of 5 criminal division judges. The attorneys meet with the defendants before the duty judge arraignment process. If a hearing is requested by the defendant, the attorney assigned to the trial judge will take over further representation. Defendants accused of a misdemeanor offense are represented by counsel who are assigned to district court dockets. These are not individual case assignments. Misdemeanor probation violations and bench warrants are also assigned to an attorney paid a flat monthly fee for legal services. These are not individual case assignments. Generally, how does the system(s) intend to comply with the MIDC standards 1-4? Please address whether you will continue with the model in place above, whether you have already made a transition to a new delivery system, or whether you intend to transition to a new delivery system. Felony cases will continue to be assigned using the existing model. Circuit Court probation violations will continue to be assigned using the existing model. Upon plan approval, misdemeanor cases will be assigned to dedicated teams of attorneys who will provide legal representation at each of the 5 election divisions and the central court facility (McCree Building). Arraignments will also be assigned to dedicated teams of attorneys for weekday and weekend representation of defendants accused of felony and misdemeanor offenses. There will be a team for weekday arraignments and a separate team for weekend/holiday arraignments. Legal services for district court probation violations and bench warrants for failure to appear will be provided by the weekday arraignment team that will be located in the McCree Building (central district court). Page 5 of 27

15 Please identify the name and position held (e.g., county administrator, judge, defense attorney, etc.) for each person involved in the compliance planning process for this delivery system. Dena Altheide Barbara A. Menear Director of Court Operations Administrator 67 th District Court Defender Program Circuit Court Philip H. Beauvais III Criminal Defense Attorney Judge Christopher R. Odette Presiding Judge F. Jack Belzer 67 th District Court Township Attorney Mundy Township Judge Nathaniel C. Perry III Fenton Township Presiding Judge 67 th District Court/5 th Division Marlene Collick Director Community Corrections Glenn M-D Cotton Criminal Defense Attorney Captain Jason Gould Office of the Genesee County Sheriff Jail Administrator Tammy J. Phillips Chief Assistant Prosecutor Angela Wheeler City Attorney City of Flint Advisory Member Ashley A. Carter, Attorney South Central Regional Manager Michigan Indigent Defense Commission Ex-Officio Member Mark Young Chairperson Genesee County Board of Commissioners Page 6 of 27

16 Provide an attachment with the names, license or P# s, and years of criminal defense experience for all attorneys the funding units(s) intends to have deliver services as part of the local indigent defense system. [SEE ATTACHMENT A] Standard 1 Training and Education Attorneys with fewer than two years of experience practicing criminal defense in Michigan shall participate in one basic skills acquisition class. Do any of the attorneys included in this plan have fewer than the required experience and require this training? How many? None at this time. The plan will include funding for 4 attorneys with <2 years of experience in criminal defense that may join the roster during the year. It has been confirmed that a MIDC compliant, 20 hours basic skills curriculum, will be available from the Criminal Defense Attorneys of Michigan (CDAM). All attorneys shall annually complete at least 12 hours of continuing legal education. How many attorneys require training in this plan? The current roster includes 72 private practice attorneys. Based on historical levels of participation, the compliance plan will be based on 80 participating attorneys. The plan will also include a $50 annual membership fee per attorney for a Research PLUS Web Subscription to State Appellate Defender Office (SADO) and Criminal Defense Resource Center web based resources. How will the funding unit(s) ensure that the attorneys satisfy the 12 hours of continuing legal education during the plan year? The Genesee County Bar Association (GCBA), in conjunction with the Defender Program for Genesee County, will continue to co-sponsor a 12 hour seminar on criminal law topics that will comply with the annual requirement. GCBA will certify attendance. Genesee County will pay for the registration fee of $150 and be invoiced by GCBA for payment. 12 hours of annual CLE has been the requirement in Genesee County for several years. Standard 2 Initial Interview When a client is in local custody, counsel shall conduct an initial client intake interview within three business days after appointment. When a client is not in custody, counsel shall promptly deliver an introductory communication so that the client may follow-up and schedule a meeting. To be successful, this requires immediate notification of appointment and client contact information. Page 7 of 27

17 How does the plan facilitate immediate attorney assignment and notification of new cases? How will the system ensure attorneys are completing their interviews within three business days? How will the initial interview be accomplished? The Defender Program provides attorneys with the name, contact information, bond status, charges, assigned district and circuit judge for each felony client who will be assigned to them for the initial PCC, 6-7 days before the court event. The district court provides daily arraignment information to the Defender Program that leads to a compilation of cases for which assigned counsel are required. Once notified, the attorneys access a dedicated server, using a unique access code and password system. Client information, as set forth above, as well as prosecutor provided discovery is available from the server. The Genesee County Prosecutor and the Defender Program have collaborated on this initiative for the last 5 years. It provides client information and discovery well in advance of the PCC. Additional discovery, as it may become available, is provided by the prosecutor. If there is an initial offer to reduce charges by the prosecutor, that information is often placed on the server. Contact information for the APA assigned to the case is used to initiate dialogue on case status. Attorneys will be required to have clients sign a form indicating that a visit has been conducted with incarcerated clients, within 3 days of the assignment. The form will be submitted at the time of request for fees. The visit will be required to be conducted in person. Clients who are not in custody, will be contacted through available means using the contact information that is supplied to the attorney, from court records or pre-trial services interviews. The name of any professional bonding company associated with the release of the defendant is also supplied for additional contact options. The form requesting fees will be re-designed to include a space to note the meeting date or efforts undertaken to contact the client. Misdemeanor clients will be represented by counsel at arraignment and remain assigned to the attorney throughout the case. Therefore, 3 days in advance contact is insured. This standard further requires a confidential setting be provided for all client interviews. Does the jail have confidential space for attorney-client interviews? Describe the space available for the interviews or the plan to provide confidential space. Page 8 of 27

18 There are 2 confidential meeting rooms for attorney-client conferences on each of the 3 floors of the jail. The circuit court recently paid for security cameras to be placed outside of each meeting room (nonrecorded and non- audio) to comply with security concerns that had reduced their use. Video conferencing upgrades will enhance the ability of attorneys representing in custody clients at arraignment (only) to communicate via Polycom equipment that connects to the jail/city lockup/mccree Building/attorney office space in the McCree Building. Arraignments take place 365 days of the year, involving 2 locations where inmates may be held. A duty judge or magistrate presides at arraignments. Jim Ewing, SCAO, provided technical assistance to the court technology team on planning and costs associated with Polycom enhancements. Attorneys at arraignment will require additional correctional facility resources for the predictable uptick in inmate movement within the jail or city lock up to permit attorney-client communication and representation at the subsequent arraignment. Two additional fulltime correctional deputies would be a reasonable expense related to compliance with Standard 2. Video conferencing is currently used on weekends and through the week by 5 circuit judges and 10 district judges. It is not uncommon for judges to be concurrently using the system. Existing jail resources are strained. Adding attorney communications via video conferencing at the prearraignment stage, is an efficient and secure model. It will, however, require the additional deputy resources. It should be noted that if attorneys were to opt to be present at the jail for arraignments, as opposed to video conferencing, deputy resources are still required for inmate movement. Video conferencing booths are located adjacent to holding cells for inmates pending arraignment and processing. Does the courthouse have confidential space for attorney-client interviews? Describe the space available for the interviews or the plan to provide confidential space. Space has been identified in the McCree Building for the use of assigned counsel. It would be available for arraignment attorneys on weekends, weekdays and for other assigned counsel requirements. The offices would be private, with video conferencing connectivity. There are also 2 small meeting rooms outside of each courtroom. The latter, however, are not uniquely dedicated to assigned counsel. The circuit court facility has its own sheriff holding facility, non-public floor, where attorneys can confer with in custody clients. There are multiple other conference rooms on the trial court floor of the courthouse. Page 9 of 27

19 2 Friend of the Court Attorney-Referees are to be re-located from the Circuit Court to a new location within the Friend of the Court (separate facility), it is expected that the vacated space will be captured for additional attorney-client conference rooms. Standard 3 Experts and Investigators This standard requires counsel to conduct an independent investigation. When appropriate, counsel shall request funds to retain an investigator to assist with the client s defense. Counsel shall request the assistance of experts where it is reasonably necessary to prepare the defense and rebut the prosecution s case. Counsel has a continuing duty to evaluate a case for appropriate defense investigations or expert assistance. How will this standard be complied with by the delivery system? Based on caseload, $50,000 is the grant for experts and investigators. Genesee County also budgets limited funds for this purpose. The $50,000 grant request may not be sufficient to comply with Standard 3. Monitoring will be required with the possibility of a mid-year request for additional funding. Attorneys currently file a motion to retain experts and investigators. This would continue to be the method whereby permission is granted to expend funds. Standard 4 Counsel At First Appearance and Other Critical Stages of the Case Counsel shall be appointed to provide assistance to the defendant as soon as the defendant s liberty is subject to restriction by a magistrate or judge. All persons determined to be eligible for indigent criminal defense services shall also have appointed counsel at pre-trial proceedings, during plea negotiations and at other critical stages, whether in court or out of court. How will this standard be complied with by the delivery system? 1. Weekend Arraignment Team: One team of attorneys will comprise the weekend arraignment team. This includes other days that the court is not open, such as holidays or other court closed days. The attorneys may go to the county jail and city lock up or participate by video conferencing hook up between the McCree Building and the jail/city lock up. All weekend arraignments are conducted via video conferencing. Judges or Magistrates go to the McCree Building. The arraignment attorneys will have the option to be in the same building and participate by video conferencing or go the jail/city lock up and be present with the client when both are video conferenced in for the court proceeding. Page 10 of 27

20 2. Weekday McCree Building (Central Court) Arraignment Team: One team of attorneys will comprise the weekday arraignment team. This would include misdemeanor and felony arraignments, in-custody or walk-in defendants. This team would also provide legal representation for: (1) post-arraignment indigent misdemeanor defendants for election division 5-located in the McCree Building and (2) probation violations (3) extraditions and (4) bench warrant legal representation for all indigent defendants at the central court facility (cases may have originated from any election division). 3. Satellite District Court Teams: Courts for election divisions 1-4 are located in various court facilities throughout Genesee County. There are 6 satellite courts for the 4 election divisions. Teams of attorneys, based on election divisions, will be identified to provide representation for misdemeanor walk-in arraignments and ordinance or state misdemeanor pre-trials. Counsel will remain assigned to the case through final disposition and sentence. If a jury trial is to be conducted, the cases are sent to central court (McCree Building). The attorney will remain assigned to the case. If a misdemeanor defendant fails to appear for a pre-trial in the satellite courts, the case is transferred to the central court. If a defendant is subsequently detained or surrenders on the bench warrant, legal representation will be provided by the weekday arraignment team and then transferred back to the satellite court attorney for continuity of counsel. Court calendars are developed on an annual basis that identify days of the month for various court events (at the satellite courts) related to misdemeanor cases. Historical caseload data has been reviewed to arrive at a reasonable plan of action to insure that counsel is present for representation. Each team will identify a managing attorney to coordinate the delivery of legal services and to be the single point of contact for the court and jail/city lock up. Felony cases are individually assigned to eligible attorneys who form the court appointed counsel roster known as the Genesee County Defender Program. Attorney fees are based on an event based schedule that has not been increased in any substantial way for over 10 years. Approximately 90% of defendants charged with a felony offense typically qualify for court appointed counsel. Adjusting fees to get closer to acceptable hourly rates is an important component of this compliance plan application, with the goal of retaining experienced defense counsel. Page 11 of 27

21 COST ANALYSIS The MIDC Act requires funding unit(s) to provide a cost analysis as part of a request for state funding. The cost analysis should include all total indigent criminal defense services costs for compliance with minimum standards and the amount of funds in excess of the local share necessary to comply with the standards. Refer to the instructions guide for grant allowances. Personnel Include staff, if any, whose work is or will be reasonably and directly related to the indigent defense function. Name Position Computation Total To be determined Correctional Deputy (2) x 2080 x 2 = $63,450 New Cost To be determined IT Technician(1) x 1040 $24,186 New Cost Total $87,636 Describe the duties of the positions listed (whether full-time or part-time) the number of hours worked, and rate of pay. Identify whether the positions will be a new cost as a result of the compliance plan. New Cost: The correctional deputy is full-time position and will work at the Genesee County Jail to assist with inmate movement to and from the video conferencing location in the jail for attorney client communications. If an attorney chooses to visit the client to be arraigned in person, as opposed to the video conferencing option, inmate movement is still involved. The video conferencing enhancements and expanded scope of attorney representation will predictably increase inmate movement to comply with the counsel at first appearance standard. New Cost: The IT technician is a part time position. This staff person would be located in the central district court (McCree Building) as an on-site support to the attorney teams who will be located in that facility. Timely and successful electronic access to court records, criminal discovery, pre-trial interviews and video conferencing proceedings are dependent upon the reliability of electronic access and on site trouble shooting. The work schedule will vary and may include weekend hours for the same purpose. The position will work closely with an existing 2 person Court IT Tech team that supports circuit, probate and all district courts. Efforts to identify candidates for the position will include recruiting from local colleges and universities. Page 12 of 27

22 Correctional Deputy (2): Fringe Benefits Percentage Total Employer FICA 7.65% 2, Retirement 8% 2, Hospital Insurance 18, Dental Insurance Vision Insurance Unemployment 0.2% Worker s Compensation 0.1% Life Insurance 2.7% Other Post-retirement 20% 6, $31, x 2= TOTAL $62, IT Technician: Fringe Benefits Percentage Total Employer FICA 7.65% 1, Retirement 8% 1, Hospital Insurance 18, Dental Insurance Vision Insurance Unemployment 0.2% Worker s Compensation 0.1% Life Insurance 2.7% Other Post-retirement 20% 4, Other TOTAL $28, Describe the fringe benefits listed here with the positions above. Fringe benefits are calculated pursuant to existing collective bargaining agreements. Page 13 of 27

23 Contractual For assigned counsel, you may group all attorney contracts in one line item. You may list the computation as various to indicate various rates of pay and provide detail below for the pay structure. List contractors for training programs. Also, list contractors who will be providing construction services for confidential space, if needed. Confidential space costs should be discussed in detail below but costs cannot exceed $25,000 per location. Requests exceeding $25,000 will be reviewed with higher due diligence and considered with accompanying documentation for justification. List contracts for investigators and experts here. CONTRACTOR COMPUTATION SERVICES TO BE PROVIDED Weekend Arraignment Team (felonies & misd.) in custody defendants Weekday Arraignment Team (felonies & misd.) 67 th District Court (McCree Building) Additional legal services: TOTAL various Legal representation $112,200 New Cost various Legal representation $556,920 New Cost misdemeanor probation violation proceedings, bench warrants, extraditions and 67-5th Division indigent misdemeanor legal services Satellite District Courts misdemeanor legal services-election divisions 1-4, 6 court locations Circuit Court probation violation proceedings Initial Interview assigned counsel (felonies) Legal representation Enhancement $60,000 various Legal representation $180,000 New Cost various Legal representation $104,380 Enhancement various District Court 2 client visits (non-capital), 3 visits (capital) $268,950 Enhancement Page 14 of 27

24 Investigators and Experts Circuit Court Capital and non-capital trial preparation fees Circuit Court Trial court motions Circuit Court Pre-trials Circuit Court Trial fees Tier III Court (MIDC rate information for planning) 10 hours x $85= $850 for capital cases 5 hours x $85= $425 for non-capital cases Additional 20 hours for capital trials $1700 per case Capital cases average of 2 written motions+ appearance at motion hearing Capital cases average of 5 pre-trials each Capital cases average length of trial 5 20 trials per year Defense investigation and experts $50,000 Enhancement Legal Representation $926,500 Enhancement Legal Representation Legal Representation Caseload data 200 capital cases 1700 non-capital cases bound over to circuit capital trials per year $40,000(200 cases) New Cost appearance at motion Enhancement motion drafting and filing $85,000 (200 cases) Enhancement 200 cases x 5 pretrials x $85 Legal Representation $68,000 Enhancement Increase fees for whole day of trial to $680, based on $85 per hour Provide detail for the types of contractors listed above, rates and hours, and services to be provided. Identify if the contractor will be a new cost or includes cost enhancements for implementation of the compliance plan. There will be attorneys assigned to the various representation as set forth above. Because of the number of court locations to be served relative to the misdemeanor docket, teams will be identified for representation based on the location of the district court. The central district court (McCree Building) Page 15 of 27

25 will have the greatest volume of arraignments and other misdemeanor services. A managing attorney will be identified for each team of attorneys for point of contact by the court, jail and lock up. The initial interviews on felony cases (in custody only) are currently paid at the rate of $30 for 1 visit per non-capital case, district court level. The capital cases are approved for 3 per case. The compliance plan calculates the visits at $50 each for in custody or on bond defendants. Circuit Court fees are a new cost where noted, with explanation provided. The enhancements would allow court appointed counsel to be compensated at an hourly rate to insure legal services at critical stages of the proceeding. Experts and investigators will be retained on a case by case basis, preceded by a court order approving the same. Travel and Training Include registrations for continuing legal education hours and training. Travel expenses should adhere to local funding unit travel policies, not to exceed State of Michigan standardized travel rates. TYPES OF TRAVEL/TRAINING COMPUTATION TOTAL Genesee County Bar Association (GCBA) Annual Criminal Law Conference - CLE Compliant $150 registration fee X 80 attorneys Basic Skills training 20 hours x $25=$500 4 attorneys SADO/Criminal Defense Resource Center(CDRC) web access TOTAL $50 annual subscription fee x 80 attorneys $12,000 New Cost $2,000 New Cost $4,000 New Cost $18,000 New Cost Provide detail for the types of travel and training expenses with applicable rates. Identify whether the expense is new as a result of the compliance plan. GCBA and the Genesee County Defender Program co-sponsor an annual 12 hours training that will be CLE compliant. Registration fees can be invoiced to county for payment and verification of attendance provided. The basic skills training is included in the budget projection to permit 4 new attorneys to participate. Web access to SADO/CDRC resources will be a valuable resource for court appointed counsel. Page 16 of 27

26 Genesee County also provides e-law library access for assigned counsel to support legal research requirements. Supplies and Other Include all other expenses not provided elsewhere in the cost analysis. ITEM COMPUTATION TOTAL Polycom video conferencing McCree Building, Jail and City Lock Up Access card readers and access cards McCree Building - attorney work stations, PC & software (6) Jail and Lock Up video conferencing enhancements (5) Jail - mobile video conferencing cart(1) Jail and Lock Up - video conferencing wall mount system (2) $6,000 $5,000 $4,177 $8016 $16,500 Video Booths for attorney-client confidential communications (4) Microsoft Office New Cost $1400 x 4 $5600 New Cost $325 x 6 $1950 furniture & misc. Phone/license/data jacks $1500 x 7 $1000 x 12 $400 x 6 $11,000 New Cost $14,400 New Cost Page 17 of 27

27 Multi-function copier for attorney space at McCree Building Genesee County Cost Allocation Plan $4500 x 1 $4500 Circuit Court 1800 square feet New Cost Dedicated attorney work space 2 locations McCree Building 1000 square feet $60,627 (Maximus) New Cost [SEE ATTACHMENT B] TOTAL $137,770 [SEE ATTACHMENT B] Provide details for supplies and other expenses. Identify whether the expense is new as a result of the compliance plan. The video conferencing enhancement and additions will permit the arraignment attorneys to communicate with clients and the court to comply with initial contact requirements and to be present for the arraignment proceeding. The above expenditures are all to be incurred to comply with compliance plan requirements. Attorneys will have dedicated work space in the McCree Court Building, with video conferencing capability. The phones, copier, supplies and related items are included to provide an adequate work environment. Access readers and access cards will permit attorneys to navigate through the court facility and gain access to dedicated office space. Total Cost Analysis (sum of all expenditure sections) $2,786,740 The MIDC Act, MCL (2), allows for an indigent defense system to request reimbursement as part of the total grant for the cost of developing the compliance plan. If submitting a claim for this expense, provide an explanation and calculation with details of all plan development costs. Attach a separate document with the compliance plan submission if needed. [SEE ATTACHMENT C] Page 18 of 27

28 GRANT CALCULATION TOTAL COST ANALYSIS $2,786,740 COMPLIANCE PLANNING COSTS + $ 9,393 LOCAL SHARE - $1,258,847 COMPLIANCE PLAN GRANT REQUEST $1,537,286 LOCAL SHARE CALCULATION The Local Share is defined as an indigent criminal defense system s average annual direct expenditures for adult criminal defense services for three fiscal years preceding the creation of the MIDC Act (effective July 1, 2013). Collections or reimbursements made to the system for partially indigent defendants are applied to the calculation. Expenditures to be included in the calculation: Payments to criminal defense attorneys (contracts, public defenders, appointed systems, hybrid systems) for providing indigent adult criminal defense services including services for expedited docket programs, criminal contempt, juveniles waived into adult court, appeals from district to circuit court or eligible interlocutory appeals to the Court of Appeals Payments to experts and investigators Other expenses including attorney supplies, travel, or training Services not included as expenditures: Post-sentencing appeals Probate, Juvenile Delinquency, Abuse and Neglect cases Civil Contempt Counsel at lineup (before charges are filed) Reimbursements: Fees paid by or on behalf of a defendant for indigent criminal defense services including payments by the Michigan Department of Corrections and grant payments that include indigent defense services as eligible grant expenditures (i.e. expedited docket programs) If the actual expenses and reimbursements cannot be calculated as exact, identify that you are providing estimates and discuss the methodology for determining the estimated local share. Page 19 of 27

29 FISCAL YEAR TOTAL EXPENSES REIMBURSMENTS NET EXPENSES 2009/2010 1,309,712 43,528 1,266, /2011 1,296,958 36,470 1,260, /2012 1,293,398 43,528 1,249,870 Average of Three Fiscal Years 1,300,023 41,175 1,258,847 * The 67 th District Court, 5 th Division, was formerly the 68 th District Court, City of Flint funding unit. The 68 th District Court was dissolved by statute and became the 5 th election division of the 67 th District Court for Genesee County. Misdemeanor legal services for the above fiscal years, estimated at $48,000 per fiscal year, were paid by the City of Flint funding unit and are not included in the above calculations. Certification: I certify to the best of my knowledge and belief that the calculation of the local share is correct and complete and that all fiscal details included are direct indigent defense system expenditures and reimbursements in the given fiscal years. Authorizing Official Name (Printed) (Signature) Title Date Data Collection In the future, the MIDC expects to collect data on the following topics related to the first four standards. Data points include system-wide data (pertaining to each indigent defense system), attorney-level data (pertaining to each attorney) and case-level data (pertaining to each individual court case). This list is not exhaustive but offers guidance on the types of data that will be critical to demonstrating standards compliance. System-Wide Data Points Local requirements for training Existence of local training options Structure of any local administrative bodies responsible for identifying training needs and implementing training Mechanism(s) and timeline for notifying attorneys of new appointments Existence of confidential space for attorney-client interviews in holding facilities and courthouses Mechanism(s) by which attorneys request investigators or expert witnesses Delivery models for provision of counsel at first appearance Page 20 of 27

30 Attorney-Level Data Points P numbers and contact information Total number of annual completed CLE credits Location, date and content of all completed training courses Case-Level Data Points Defendant request for appointed counsel Court appointment of counsel and date Date of attorney notification of appointment Date of initial client interview Request for investigator, date granted or denied Request for expert witness, date granted or denied Presence of counsel at first appearance Mechanism by which counsel at first appearance was provided Type and amount of bail issued, if any The MIDC Act, MCL (9), requires the state to appropriate funds for the reasonable costs associated with data required to be collected by the MIDC in excess of the local government s data costs for other purposes. Costs associated with data collection are not required to be submitted with this compliance plan submission but will be addressed at a future date and are remarked here for informational purposes. Page 21 of 27

31 Attachment A ATTORNEY # LAST NAME FIRST NAME LICENSED SINCE ALLEN PATRICK 11/26/ ALLYN BENJAMIN 6/2/ ASKEW LAUREN 1/14/ BARAN K.C. 11/14/ BEAUVAIS PHILIP 5/17/ BENDALL BRENDA 5/27/ BOND RANDY 5/25/ BREMER DANIEL 12/8/ BURNASH HEATHER 12/5/ CARTER VINSON 6/10/ CARYL RANDALL 10/25/ CHILDERS JEFFREY 12/6/ CHRISTENSON BERNHARDT 5/15/ CLARK DAVID 5/19/ CLOTHIER JAY 5/21/ COTTON GLENN M-D 1/22/ DEMBO MITCHELL 5/19/ DOLL BRUCE 1/27/ EWING MICHAEL 11/2/ FANOUS ELIAS 5/29/ FEASTER TORCHIO 11/20/ GHATTAS HABEEB 10/25/ HASLEY-SARNO STEPHANIE 5/15/ HEMINGWAY JODI 8/21/ HENRY JUSTIN 11/13/ HETHERINGTON RICHARD 5/31/ HILLIKER CHARLES 11/20/ HOLLINS MICHAEL 9/3/ HORNE KAMILAH 6/11/ HUGHES TIFFANY 7/8/ JAWORSKI CAROL 11/18/ KARR MATTHEW 11/17/ KETCHMARK DENISE 6/6/ LANG LISA 5/26/ LAZZIO PATRICIA 11/14/ LIEVOIS MARTIN 5/9/ LUCIA CHAD 5/20/ MAINPRIZE JESSICA 11/19/2007 Page 22 of 27

32 ATTORNEY # LAST NAME FIRST NAME LICENSED SINCE MARSH TABITHA 6/6/ MCANDREW BRETT 5/16/ MCDERMOTT SEAN 11/17/ MEIERS ERWIN F. 6/7/ PARKER TARA 5/27/ PASHEEK STEVEN 5/28/ PERKINS MICHAEL 11/25/ PHILPOTT PETER 5/28/ PIAZZA JAMES 11/5/ PONSETTO RICHARD 5/22/ ROSS MARK 6/1/ RUSH KEVIN 2/10/ SCOTT PAUL 6/8/ SHAW DONALD 11/25/ SHELTON STEVEN 11/23/ SIMMINGTON GLENN 12/11/ SIPPELL KRAIG 2/10/ SKINNER JEFFREY 6/4/ STUART GEOFFREY 5/16/ TAFT LYNNE 11/17/ THEODOROFF DOUGLAS 6/14/ TOPPING JOHN 7/11/ TOSTO JOHN 5/30/ WATSON PAUL 11/8/ WEIER DAWN 11/16/ WHEATON ROBIN 11/3/ WHITE MAJOR 11/24/ WHITE PAUL 11/25/ WILSON MONICA 11/18/ WOLF BARRY 11/17/ ZELLEY MARK 1/6/2004 Page 23 of 27

33 Attachment B Genesee County, MI Building Space Costs Based on the FY 2016 Cost Allocation Plan McCree Description Courthouse Building CAP Page # Building Depreciation 1,221, ,517 C-30, C-31 Building & Grounds/Utilities/Security 1,267,578 1,338,768 C-103, C-105 Total Space Costs $ 2,489,404 $ 1,783,285 Total Assigned Sq Ft 87, ,338 Annual Cost Per Sq Ft $ $ 9.47 MIDC Estimated Square Footage 1,800 1,000 Estimated Costs $ 51,158 $ 9,469 Ron Wlock, CMA Manager, Financial Services Division MAXIMUS 935 N. Washington Ave. Lansing, MI Office: (989) x251 Cell: (989) Fax: (804) ronwlock@maximus.com Page 24 of 27

34 Attachment B continued It looks like Circuit Court square footage area we spoke about is approx. 1,800 sq. ft. Page 25 of 27

35 McCree former Courtroom 2 is around 1,000 sq. ft. not counting the two attorney client room or the vestibule coming in. Raymond Zanke Director Genesee County Building and Grounds Administration Building 1101 Beach St. Room G-29 Flint, MI Main Office: Office: Fax: Mobile: rzanke@co.genesee.mi.us Page 26 of 27

36 Attachment C Plan Development Costs June 6, /12/2017 & June 19, 2017 Meeting with district court administrative staff, presiding judges 67th DC and 67th-5 1 hour Draft and review of materials for attendance at 2 Genesee County Board of Commissioners meetings regarding MIDC and to approve composition of Local Compliance Plan Workgroup 5 hours August 3, 2017 Local Compliance Plan Workgroup meeting 2 hours Sub-committee meeting related to video conferencing issues 1.5 hours August 30, 2017 Local Compliance Plan Workgroup meeting 1 hour September 7, 2017 Sub-committee meeting related to video conferencing, court, jail, court IT staff 1 hour September 26, 2017 Sub-committee meeting related to video conferencing with SCAO 2 hours representative, court, jail, court IT staff, walk through of jail and city lock up Meeting with MIDC staff - Lansing 3 hours October 3, 2017 Caseload data extraction from 8 district court locations, creation of monthly court event calendars for all courts 8 hours Review of information with district court staff, 2 hours October 11, 2107 Meeting with Genesee County Commissioner Board Chair review of MIDC compliance plan draft 1 hour May 22, Multiple drafts of compliance plans 80 hours October 30, 2017 Multiple phone conversations with jail administrator about inmate processing and staff requirements with new compliance standards 3 hours Total hours x $85 $9,393 Page 27 of 27

37 Genesee County Michigan Indigent Defense Act Local Compliance Plan Workgroup Members Dena Altheide Barbara A. Menear Director of Court Operations Administrator 67 th District Court Defender Program Circuit Court Philip H. Beauvais III Criminal Defense Attorney Judge Christopher R. Odette Presiding Judge F. Jack Belzer 67 th District Court Township Attorney Mundy Township Judge Nathaniel C. Perry III Fenton Township Presiding Judge 67 th District Court/5 th Division Marlene Collick Director Tammy J. Phillips Community Corrections Chief Assistant Prosecutor Glenn M-D Cotton Criminal Defense Attorney Captain Jason Gould Office of the Genesee County Sheriff Jail Administrator Angela Wheeler City Attorney City of Flint Advisory Member Ashley A. Carter, Attorney South Central Regional Manager Michigan Indigent Defense Commission

38

39

40

41

42

43

44

45

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75 October 24, 2017 MEMORANDUM GENESEE COUNTY ANIMAL CONTROL G-4351 W Pasadena Ave. Flint, Michigan Phone: Fax: Paul Wallace, Director Renea Kennedy, Deputy Director To: From: Subject: Commissioner Bryant Nolden, Chair Governmental Operations Committee Paul Wallace, Director Genesee County Animal Control Purchase Orders for Vendors Please accept this Memorandum as a formal request to authorize the previously requested purchase orders for the following vendors: All About Animals Rescue PO: $75,000 Account Henry Schein Pharmaceuticals PO: $50,000 Account All About Animals is a 501(c)(3) Federally Registered non-profit (Tax ID ) that offers high-volume low-cost sterilization to organizations and individuals and is unique in Michigan in that they operate a mobile hospital that comes to shelters and sterilizes animals at a cost significantly lower than any veterinarian in the area. We have been using this service for two years; in FY 2017 we spent approximately $75,000 with them, $10,000 of which was reimbursed from a grant. We have again been awarded this Grant for FY Henry Schein is our primary supplier for animal medications, and we have a business relationship where they offer specials on certain medications and supplies and we are able to take advantage of special pricing by being a high-volume customer. We have also been using this business for over two years; in FY 2017 we bought approximately $41,000 of their products. As we have ongoing business relationships with these vendors, there are outstanding balances that will come due in the coming weeks, and the inability to pay these balances in a timely fashion will adversely affect these business relationships. These purchases and sterilizations have been budgeted in the Animal Control budget. ACTION REQUESTED: Direct the Purchasing Manager to authorize the previously requested Purchase Orders. ROLL CALL VOTE REQUESTED

76

77

78

79

80

81

82

83

84

85

86

87

88

89

90

91

92

93

94

95

96

97

98

99

100

101

102

103

104

105

106

107

108

109

110

111

112

113

114

115

116

117

118

119

120

121

122

123

124

125

126

127

128

129

130

131

132

133

134

135

136

137

138

139

140

141

142

143

144

145

146

147

148

149

150

151

152

153

154

155

156

157

158

159

160

161

162

163

164

165

166

167

168

169

170

171

172

173

174

175

176

177

178

179

180

181

182

183

184

185

186

187

188

189

190

191

192

193

194

195

196

197

198

199

200

201

202

203

204

205

206

207

208

209

210

211

212

213

214

215

216