Trial Court Budget Commission Meeting Minutes Attendance Members Present The Honorable Robert Roundtree, Chair The Honorable Mark Mahon, Vice Chair The Honorable Scott Bernstein The Honorable Catherine Brunson The Honorable Ronald Ficarrota Mr. Tom Genung The Honorable Frederick Lauten Ms. Sandra Lonergan The Honorable Diana Moreland The Honorable Debra Nelson The Honorable Gregory Parker Ms. Kathy Pugh The Honorable Anthony Rondolino Mr. Grant Slayden The Honorable Elijah Smiley Mr. Walt Smith The Honorable Bertila Soto The Honorable John Stargel The Honorable Margaret Steinbeck The Honorable Patricia Thomas Mr. Mark Weinberg The Honorable Joseph Williams Ms. Robin Wright Attendance Members Absent The Honorable Wayne Miller Special Note: It is recommended that these minutes be used in conjunction with the meeting materials. Chair Roundtree called the Trial Court Budget Commission (TCBC) meeting to order at 8:30 a.m. The roll was taken with a quorum present. Chair Roundtree invited the members of the audience to introduce themselves. Agenda Item I: Opening Remarks by Chair Chair Roundtree welcomed Judge Bernstein and Judge Williams as ex-officio members representing the circuit court judges conference and county court judges conference, respectively. Chair Roundtree also thanked Judge Colbath and Judge Aikens for their recent tenure as ex-officio members on behalf of their conferences. Chair Roundtree also congratulated Judge Smiley for his recent appointment as chair of the Funding Methodology Committee (FMC), and Judge Steinbeck for her recent appointment as chair of the Budget Management Committee (BMC). Judge Roundtree also thanked Mark Weinberg for his service as previous chair of the FMC. Judge Smiley thanked Chair Roundtree for his previous service as chair of the BMC.
Page 2 of 11 Agenda Item II: Approval of June 17, 2016, Meeting Minutes Judge Roundtree presented the draft meeting minutes from the June 17, 2016, TCBC meeting and asked if there were any changes necessary before approval. Judge Mahon moved to approve the minutes as drafted. Judge Lauten seconded, and the motion passed without objection. Agenda Item III: FY 2015-16 Year-End Wrap Up A. Salary Budgets Dorothy Willard reviewed the status of the trial court salary budgets for FY 2015-16 as of June 30, 2016. The salary liability for the trial courts General Revenue/State Court Revenue Trust Fund was $3,624,156 under the salary appropriation, which equates to approximately 1.02% under appropriation. Ms. Willard then reviewed the status of the Pay Plan Specific Retention/Recruitment Distribution as of June 30, 2016, and noted discussions relating to salary rate will be held later in the meeting. Ms. Willard reported the Administrative Trust Fund s salary liability ended the year $75,938 under the appropriation, and the Federal Grants Trust Fund s liability was under the appropriation by $214,319, both due to vacancies. B. Personnel Actions Eric Maclure provided an overview of reclassifications and other personnel actions as of June 30, 2016. Mr. Maclure noted 48 requests for reclassification were received and approved during fiscal year 2015-16, at an impact of $229,387. C. Positions Vacant More Than 180 Days Eric Maclure provided an update of positions vacant over 180 days as of August 3, 2016, and noted that monitoring vacant positions does not end upon the close of a fiscal year, but is continuous. D. Operating Budgets Dorothy Willard provided an overview of the operating budgets through June 30, 2016, noting that the State Courts System is still in the certified forward process through September 30, 2016, and provided a status update as of July 31, 2016. Ms. Willard noted that for due process, expert witness costs continue to rise, court reporting costs have decreased, and court interpreting trends show increased costs of approximately 15% from last fiscal year. The due process reversion for FY 2014-15 was $216,000. The reversion for FY 2015-16 is expected to be zero.
Page 3 of 11 Ms. Willard reported that the Year-End Spending Plan Status as of May 31, 2016, reflected approximately 45% of the appropriation remained as of that date. As of June 30, 2016, only 2.09% remained. E. Trust Fund Cash Balances Dorothy Willard provided an overview of the trust fund cash balances through June 30, 2016. F. Conflict Counsel Cases over Flat Fee Jessie McMillan provided an overview of FY 2015-16 costs and stated there is a 24% increase in costs from Fiscal Year 2014-15. She also noted Fiscal Year 2015-16 certified forward costs have yet to be considered. Agenda Item IV: FY 2016-17 Allocations and Budget Outlook A. Circuit Allocations for Child Support Hearing Officers and General Magistrates Jessie McMillan stated the Supreme Court recently approved case weights and that the determination of circuit needs for Child Support Hearing Officers and General Magistrates have been established based on the new weights. Ms. McMillan reviewed the FY 2016-17 proposed FTE allocations based on the new net needs for both elements. 1. Child Support Enforcement Hearing Officers The Funding Methodology Committee recommended the following: - Approve the FY 2016-17 allotments - Direct staff to monitor vacancies in this element and recommend to the TCBC Executive Committee reallocation of child support enforcement hearing officers and administrative support FTE s according to the maximum need. Tom Genung moved to approve. Judge Parker seconded, and the motion passed 2. General Magistrates The Funding Methodology Committee recommended the following: - Approve the FY 2016-17 allotments - Direct staff to monitor vacancies in this element and recommend to the TCBC Executive Committee reallocation of general magistrates and administrative support FTE s according to the maximum need. Tom Genung moved to approve. Judge Brunson seconded, and the motion passed
Page 4 of 11 B. Article V Estimating Conference Kris Slayden reported that the Article V Revenue Estimating Conference met on July 20, 2016, to review and revise revenue estimates related to Article V funds. Ms. Slayden then provided a historical overview of the Article V Trust Fund, and noted the OSCA will continue to monitor General Revenue and Article V Trust Fund revenues. C. Salary Budget and Payroll Projections Dorothy Willard provided an overview of the start-up trial court salary budgets for FY 2016-17. She noted that the projected payroll liability is estimated to be $4.2 million over appropriation, if every position was filled every day of the year. Historically, each fiscal year begins with a salary deficit and is made up throughout the year through lapse associated with employee turnover. The Administrative Trust Fund liability is estimated to be approximately $46,000 over appropriation. Ms. Willard stated the Administrative Trust Fund houses circuit positions that are funded by cost recovery collections. A budget amendment is in process to secure additional budget authority. Currently, this fund could not support a leave payout if needed. The Federal Grants Trust Fund liability is projected to be approximately $134,000 under appropriation. FY 2016-17 Salary Budget Considerations Ms. Willard reviewed a supplemental handout containing salary budget considerations for FY 2016-17. The Executive Committee recommended consideration of the following: - Pending due process position requests from the 12 th (2.0 FTE), 15 th (2.0 FTE), and 18 th (1.0 FTE) Circuits (deferred from 06/17/16 TCBC meeting). - Carry forward remaining FY 2015-16 Pay Plan Specific Retention/Recruitment Distribution. - Continue reclasses as needed and cap cumulative reclasses to a set amount. - Allocate for fiscal year 2016-17 Pay Plan Specific Retention/Recruitment Distribution. Ms. Willard then reviewed a second supplemental handout for addressing administrative magistrates and magistrates salary budgets for consideration. - Option 1: Increase administrative hearing officer and hearing officer minimum salaries by 4.5%. - Option 2: Increase administrative hearing officer and hearing officer minimum salaries by 4.0%. Judge Mahon moved to approve Option 2. Judge Stargel seconded, and the motion passed
Page 5 of 11 D. Circuit Due Process Requests (12 th, 15 th, and 18 th Circuits) Dorothy Willard provided an overview of each circuit s request and the available options for each request. The Executive Committee recommended approving these requests. Judge Stargel moved to approve the following options, Tom Genung seconded, and the motions passed 12 th Circuit: Option 3: Approve access to 2.0 FTE from the unfunded FTE reserve and absorb the full cost of the positions ($131,642) within the existing FY 2016-17 salary budget. 15 th Circuit: Option 2: Approve access to 1.0 FTE from the unfunded FTE reserve and access to the 1.0 FTE (and salaries and benefits associated with the FTE) from the funded reserve and absorb the remaining cost needed to cover the unfunded position ($34,068) within the existing FY 2016-17 salary budget. 18 th Circuit: Option 3: Approve access to 1.0 FTE from the unfunded FTE reserve and absorb the full cost of the position ($52,386) within the existing FY 2016-17 salary budget. E. Budget and Pay Administration Memorandum Recommendations Eric Maclure provided an overview of the Budget and Pay Administration Memorandum and its directives, and noted that the marked changes in the FY 2016-17 draft memorandum are primarily technical, except for Sections C and D, which both relate to travel. The Office of the State Courts Administrator (OSCA) staff are currently reviewing travel policies to ensure consistency with state travel guidelines, district court of appeal budget and pay administration memorandum, and other judicial branch travel documents for the Chief Justice s consideration. The TCBC Executive Committee recommended for the following actions relating to the budget and pay administration memorandum: Chief Judge Discretionary Fund: Revise the memorandum to reflect authority for unused fiscal year 2015-16 discretionary funds to roll over into the new fiscal year and to reflect distribution of additional rate for fiscal year 2016-17 if approved by the TCBC. Upward Reclassification: Retain the language which provides that when a position is approved for upward reclassification, the chief judge may approve a promotional salary increase up to 5 percent of the employee s current salary, or to the minimum of the new class, whichever is greater. However, specify that the statewide total of reclassifications for the fiscal year may not exceed $230,000. OPS for Child Support Enforcement Hearing Officers: Clarify that the central pool of OPS funds for coverage due to training, illness, injury, disability or other reasons are available when the triggering event exceeds three days. Overtime: Cross-reference overtime provisions in the court system personnel regulations to ensure those regulations are cited in the memorandum (in response to revised federal regulations raising the income level that qualifies an employee for receipt of overtime pay, effective December 1, 2016).
Page 6 of 11 Due Process Services Budget Management: Retain language in the memorandum which provides that expenditures from the Special Category 105420, as budget in Expert Witness, Court Reporting, and Court Interpreting, are limited to procurement of contract services. Continuation of FY 2016-17 Salary Budget Considerations Discussion continued on projections for the FY 2016-17 salary budget. Dorothy Willard noted the Executive Committee s recommendation to allocate $362,537 as additional chief judge discretionary funds. Discussion occurred on whether to consider using a portion of the available salary dollars to fund some of the positions proposed for inclusion in the trial court technology legislative budget request for FY 2017-18, to provide cross-jurisdictional support for the Integrated Case Management System or other applications. Dorothy Willard stated that 2.0 FTE, a developer and a manager, would cost $200,874 annually. The remaining $161,663 could be allocated as additional chief judge discretionary funds, in addition to the carry forward amount from FY 2015-16 of $133,321. Grant Slayden moved to use $200,874 to fund 2.0 technology-support FTE, to be housed in OSCA; use the balance ($161,663) for additional chief judge discretionary funds; and retain the FTE request in the trial court comprehensive technology LBR. Judge Brunson seconded. A roll call vote on the motion yielded 12 yeas and 8 nays. Note: See Trial Court Technology Funding, below, for minutes on subsequent reconsideration of this action Agenda Item V: FY 2017-18 Legislative Budget Request (LBR) A. LBR Timeline Dorothy Willard provided an overview of the 2017-18 legislative budget request timeline. B. Priorities/Strategies Approved for Estimation and Consideration 1. Employee Pay Issue Eric Maclure reviewed narrative from the Fiscal Year 2016-17 LBR, and noted the narrative for the Fiscal Year 2017-18 LBR would be revised based on updated analysis of the issue. Judge Nelson moved approval of the issue. Sandy Lonergan seconded, and the motion passed 2. Trial Court Technology Funding Kris Slayden provided an overview of the proposed changes to the FY 2017-18 Trial Court Technology Comprehensive Plan request, including the ICMS positions approved above.
Page 7 of 11 Judge Stargel moved to reconsider the previous action to use $200,874 from FY 2016-17 salary dollars to fund 2.0 cross-jurisdictional support positions. Judge Mahon seconded. The motion was approved to leave the issue of funding the support positions pending, with direction for OSCA staff to provide the TCBC at a future meeting with additional information on how the positions would function. Judge Mahon then moved to distribute $161,663 in chief judge discretionary funds. Judge Brunson seconded. Judge Nelson amended Judge Mahon s motion to include submission of the FY 2017-18 Trial Court Technology Funding LBR as currently written, pending a decision regarding the 2.0 FTE by the TCBC at a future meeting. Judge Steinbeck seconded and the motion passed 3. General Magistrates Lindsay Hafford reported at the June 17, 2016, meeting, the TCBC directed staff to examine the need and cost for additional general magistrates in the trial courts as part of the FY 2017-18 LBR. OSCA staff prepared four options for the FMC s and TCBC s consideration. FTE LBR Option 1 Need based on maximum filings over 3 years 54.5 $4,506,088 Option 2 Need based on average filings over 3 years 33.5 $2,671,806 Option 3 Divisional need based on maximum filings over 3 years 68.0 $5,656,240 Option 4 Divisional need based on average filings over 3 years 48.0 $3,879,922 Ms. Hafford noted the FMC recommended approval of Option 4 and the Executive Committee recommended approval of an alternate option to not file an LBR and study further. Walt Smith moved to approve the Executive Committee s recommendation. Judge Stargel seconded, and the motion passed Judge Soto then moved that the TCBC make a recommendation to the Supreme Court to analyze how magistrates are utilized statewide, with a focus on probate cases. Walt Smith seconded, and the motion passed
Page 8 of 11 4. Case Management Lindsay Hafford reported at the June 17, 2016, meeting, the TCBC directed staff to examine the need and cost for additional case managers in the trial courts as part of the FY 2017-18 LBR. OSCA staff prepared three options for the FMC s and TCBC s consideration. FTE LBR Option 1 1:5,500 Filings Ratio (3 Year Maximum) 60.5 $3,731,096 Option 2 1:5,500 Filings Ratio (3 Year Average) 24.0 $1,480,104 Option 3 Proposed Ratio by Court Division 50.0 $3,083,550 The FMC recommended Option 3. Tom Genung moved to approve Option 3. Judge Lauten seconded, and the motion passed 5. Staff Attorneys Lindsay Hafford reported at the June 17, 2016, meeting, the TCBC directed the FMC to provide recommendations for determining staff attorney needs for consideration in the FY 2017-18 LBR. OSCA staff developed three options for the FMC s and TCBC s consideration. FTE LBR Option 1 Ratio of 1 Staff Attorney for every 2 Judges 105.0 $7,766,010 Option 2 Targeted for Death Penalty Workload 42.0 $3,106,404 Option 3 Targeted Ratio by Court Division 39.5 $2,921,499 Ms. Hafford noted the FMC and Executive Committee recommend Option 3. Judge Lauten moved to approve Option 3. Judge Mahon seconded, and the motion passed
Page 9 of 11 6. Court Reporting Jessie McMillan reported at the June 17, 2016, meeting, the TCBC directed the FMC to provide recommendations for determining court reporting needs to consideration in the FY 2017-18 LBR. OSCA staff developed two options for the FMC s and TCBC s consideration. LBR Option 1 Funding Ceiling Methodology $1,315,372 Option 2 Unit Cost Model $1,347,244 Ms. McMillan noted the FMC recommended Option 1 and the Executive Committee recommended Option 3, which is not to file an LBR. Judge Stargel moved to approve Option 3. Judge Rondolino seconded, and the motion passed 7. Court Interpreting Jessie McMillan reported at the June 17, 2016, meeting, the TCBC directed the FMC to provide recommendations for determining court interpreting needs for consideration in the FY 2017-18 LBR. OSCA staff developed two options for the FMC s and TCBC s consideration. LBR Option 1 Percent Increase in Population Growth $1,150,600 Option 2 Percent Increase in Expenditures $1,608,230 Ms. McMillan then provided an overview of a supplemental handout of an alternative option recommended by the Executive Committee, to separate the court interpreting element from the Trial Court Technology Comprehensive Plan FY 2017-18 LBR request and combine to package as a comprehensive Court Interpreting Issue. Ms. McMillan noted that based on previous information provided to the FMC and Executive Committee, both committees approved Option 2, with the caveat that OSCA staff work with the circuits to determine the specific type of funding (contractual or FTE) needed.
Page 10 of 11 Judge Thomas moved to approve the Executive Committee recommendation with the caveat that OSCA staff have latitude to adjust the request to address implementation costs (i.e., bandwidth, etc.) and, in turn, reduce the Trial Court Technology Comprehensive Plan issue. Judge Smiley seconded, and the motion passed C. Priority Ranking of LBR Issues Chapter 216, Florida Statutes, requires all state entities to list their LBR issues by order of priority. The members discussed not advancing the general magistrate and court reporting issues, and ranked the remaining issues in the following order of priority: 1. Employee Pay Issue 2. Trial Court Technology Funding 3. Court Interpreting 4. Case Management 5. Staff Attorneys Judge Rondolino moved to approve recommendation of advancing the issues and priority ranking as noted. Judge Smiley seconded, and the motion passed Agenda Item VI: 2017 Judicial Branch Statutory Agenda Timeline Sarah Naf presented the Judicial Branch Statutory Agenda Timeline for development of the judicial branch s 2017 substantive legislative agenda for information purposes. Agenda Item VII: Due Process Workgroup (DPW) Status Report and Action Items Kris Slayden reported that the Due Process Workgroup s final report should be distributed to the TCBC and the Commission on Trial Court Performance and Accountability by early September 2016, via email. Ms. Slayden then presented the remaining issues for TCBC consideration and approval, as follows: Issue 1: Proposed Operational/Policy Changes Judge Smiley moved to approve the Workgroup recommendations regarding the proposed operational/policy changes (Option 1). Grant Slayden seconded and the motion passed without objection. Judge Stargel requested each court provide references for staff with expert witness expertise to ensure policies are utilized to the highest value.
Page 11 of 11 Issue 2: Proposed Rate Structure for Expert Witness Services The Workgroup recommended establishing a range of allowable rates to be used for evaluations and follow-up evaluations by type of evaluation and expert. The Workgroup also approved a maximum allowable flat rate for no show based on 40% of the initial evaluation rate and an hourly rate of $150 for in-court testimony (including wait time and a 2-hour cap) for adult competency examinations ordered by the court. Walt Smith moved to approve the Workgroup recommendations for a statewide rate structure for expert witness fees (Option 1). Kathy Pugh seconded, and the motion passed without objection. Issue 3: Proposed Statutory Revisions The DPW recommends to revise statutes, as shown, for Adult Competency, Forensic Services for Intellectually Disabled or Autistic Defendants, Sentencing Evaluation, Death Penalty Intellectual Disability, Juvenile Competency Mental Illness and Intellectual Disability or Autism, Developmental Disabilities, and Guardianship Examining Committee. Grant Slayden moved to approve the Due Process Workgroup recommendations, as shown. Judge Parker seconded, and the motion passed Agenda Item VIII: Report from Chief Justice Designee to Clerks of Court Operations Corporation Executive Council Judge Ficarotta provided a brief report of the Executive Council Fiscal Year 2016-17 budget, and noted the budget as submitted to the Joint Legislative Budget commission on August 1, 2016. Agenda Item IX: Other Business Judge Smiley stated his appreciation for OSCA staff and the work involved in providing the meeting materials. Adjournment With no other business before the commission, the meeting adjourned at 12:20 p.m.