Approved 10/27/05
JUDICIARY
September 7, 2005
Minutes
Members Present: Dianne Holman, Tina Weatherwax-Grant, Deb Nolan, Chris Swope, Randy Schafer, Steve Dougan and Board Chairperson Mark Grebner
Members Absent: None
Others Present: John Neilsen, Jerry Ambrose, Terri Younger, Jared Cypher, Nervy Oliver, Judge Collette, Judge Lawless, Don Reisig, Maureen Winslow, Anethia Brewer, Kay Taylor, Rhonda Swayze, George Strander, Harry Moxley, Lisa Dedden, Marc Thomas and Judge Economy
The meeting was called to order by Chairperson Holman at 6:01 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Additions to the Agenda: None
Limited Public Comment: None
1. Budget Hearings
Mr. Ambrose explained the process for tonight’s Budget Hearings. He explained that when the Committee approves the Controller’s Recommended Budget, they will also be approving the Capital Improvement Budgets for the appropriate items.
a. Probate Court
Judge Economy stated the Probate Court is satisfied with the Controller’s Recommended Budget. However, the Court does have one concern. Mr. Strander explained the Court has employed a Senior Aide Program employee. This employee is paid a minimum wage, through the Program, not the Court. The employee has worked for the Court since September 2003. Mr. Strander further stated the Program does not allow a Senior Aide to remain at once place for more than two years. It would be a great hardship if the employee were not able to continue her work with the Court.
The Probate Court proposed to create a seasonal Office Helper position. The Office Helper would be employed from March 1 through November 30 of each year. This would be a part-time position also. The employee would be paid $6.00 per hour, with an annual cost of approximately $4,700.
Mr. Strander stated the Court has undergone several recent changes which have resulted in cost savings. If the cost savings are diverted appropriately, there would be sufficient funds to cover the cost of the position.
Judge Economy stated the Court would like to place an item on this Committee’s z list. This would be a bailiff position which would be used by both judges. He further explained that sharing a law clerk would not be appropriate for the two judges.
The Committee discussed the Court’s requests. In response to Comm. Dougan, Judge Economy explained the new position could be filled by either a law student or possibly a retired police officer. Comm. Schafer stated his continuing thought that law clerks could be shared among the judges to fill in for vacations, sick time, etc. Judge Economy stated it would be more economical to hire a bailiff than a law clerk.
Comm. Nolan asked why the seasonal employee request was not included in the budget process. Mr. Neilsen explained it was not because it just now became an issue. Mr. Ambrose stated the Court requested two law clerk positions which are not included in the Controller’s Recommended Budget. The cost for one bailiff would be $47,916. Chairperson Grebner stated he has heard from a few attorneys that the Court does need a bailiff due to inefficiency concerns.
Comm. Weatherwax-Grant asked if a law clerk would have oversight regarding conservator ship cases. Judge Economy explained that having a law clerk would free up time to avoid specific problems. In response to Comm. Swope, Mr. Strander explained that if a person is employed with the County for more than nine months, the person would not qualify as a seasonal position and would be subject to the Living Wage Policy. He also stated the Court has less foot traffic during the three winter months.
Comm. Holman expressed her concern regarding the Living Wage aspect of the seasonal position.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. DOUGAN, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE PROBATE COURT.
MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. SCHAFER, TO AMEND THE PREVIOUS MOTION TO INCLUDE THE PROBATE COURT’S REQUEST FOR A SEASONAL POSITION OF OFFICE HELPER AT AN ANNUAL COST OF $4,700. MOTION CARRIED with Comm. Holman voting NO.
MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY.
MOVED BY COMM. SWOPE, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO PLACE $47,916 ON THE Z LIST FOR A BAILIFF POSITION IN THE PROBATE COURT. MOTION CARRIED with Comm. Schafer voting NO.
b. Jury Administration
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. SWOPE, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR JURY ADMINISTRATION.
Comm. Dougan expressed his concern regarding the increase in return postage funding.
MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. SCHAFER, TO AMEND THE PREVIOUS MOTION TO DELETE THE BUDGET LANGUAGE REGARDING ADDITIONAL POSTAGE FUNDS FOR JURY ADMINISTRATION.
Chairperson Grebner stated the County inconveniences many people each year through its jury process. By including return postage with the questionnaires, Jury Administration may see an increase in responses from the second and third mailings. He then stated the amount requested for the return postage could be decreased if that is the wish of this Committee.
Comm. Dougan stated he appreciated Jury Administration’s testing for the effectiveness of providing the return postage with the mailings. He then stated the County has just approved a number of things which will not require postage anymore.
MOTION TO AMEND FAILED with Comms. Dougan and Schafer voting YES.
MAIN MOTION AS AMENDED: CARRIED UNANIMOUSLY.
c. Friend of the Court Advisory Committee
Ms. LeDuc stated the Friend of the Court Advisory Committee has no objections to the Controller’s Recommended Budget.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. SWOPE, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FRIEND OF THE COURT ADVISORY COMMITTEE. MOTION CARRIED UNANIMOUSLY.
d. District Court
Ms. Brewer informed the Committee that Judge Acquilina is
currently at
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE DISTRICT COURT. MOTION CARRIED UNANIMOUSLY.
e. Community Agencies
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR COMMUNITY AGENCIES.
Mr. Ambrose explained the Controller’s Recommended Budget
includes the same appropriation for 2006 as the Community Agencies received in
2005. Mr. Neilsen stated the
MOTION CARRIED UNANIMOUSLY.
f. Circuit Court
1. Friend of the Court Division
Mr. Reisig stated the Controller’s Recommended Budget for the Friend of the Court is acceptable. He then explained that with the expansion of JASP in 2005, and the need to effectuate arrest for non-payers of support, the existing Court Service Officer has become stretched. Overall collections for the first two quarters of FY2005 are lower than for the same period last year. This may be attributed, at least in part, to the problem of trying to do two jobs at once.
Mr. Reisig stated it is in the best financial interest of the County to create an additional Court Services Officer position to manage JASP. An additional CSO position would free up the existing CSO’s time to work cooperatively with other law enforcement agencies to pursue and apprehend those offenders who have a means to pay child support. The cost of the CSO position would be reimbursed by a two to one CRP match. Mr. Reisig further stated the Court has every reason to anticipate the net general fund cost to the County (approximately $20,000) will be more than offset by an increase in hearing revenues, additional public improvements and a sustained reduction in expenditures for the FOC portion of the inmate population.
Mr. Neilsen stated the position would be 2/3 funded by the Cooperative Reimbursement Grant and 1/3 with existing revenue. This position was not recommended in the Controller’s Recommended Budget because of the question regarding the continuous funding of the position. He recommended the Committee could amend the CRB to include the CSO position contingent on sufficient grant and fee revenues needed to fund the position.
Comm. Schafer expressed his support for work the current CSO has done during the past year.
Mr. Ambrose stated the new CSO position would be treated as a grant-funded position.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. DOUGAN, TO
APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FRIEND OF THE COURT DIVISION
WITH THE ADDITION OF A COURT SERVICES OFFICER POSITION TO BE
2. Family Division
Mr. Oliver stated the Family Division is satisfied with the Controller’s Recommended Budget. He then stated there is an area of concern which will impact the Court in the future. This concern involves mileage costs. The Family Division’s mileage request may need to be increased during the 2006 budget year.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE FAMILY DIVISION.
Mr. Ambrose explained the Controller’s Recommended Budget did not make adjustments for mileage costs. Such adjustments will be made during the first quarter of 2006.
MOTION CARRIED UNANIMOUSLY.
Comm. Thomas asked that the Court keep this Committee up to date regarding the INS program. Ms. Winslow updated the Committee regarding the status of the INS program. She stated she considers the program to be successful and she expressed her appreciation for the County’s previous staff level increase for this program.
3. General Trial Division
Ms. Swayze stated the General Trial Division is satisfied with the Controller’s Recommended Budget.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO APPROVE THE CONTROLLER’S RECOMMENDED BUDGET FOR THE GENERAL TRIAL DIVISION.
Judge Collette stated the Division needs an additional file clerk position. The filing issue is a big concern of the Division. He then explained the Division will come before this Committee at a later date to discuss the idea of an e-file program. Many of the new electronic tools will save the County time and effort. Judge Collette then stated the additional file clerk position was not included in the Controller’s Recommended Budget. Ms. Taylor and Ms. Swayze detailed why an additional file clerk is needed.
Mr. Ambrose stated a position is being added in Pre-Trial Services to help address jail over-crowding concerns.
Comm. Swope asked for the Division’s position on sharing a law clerk. Judge Lawless explained that the Judges have their own law clerks. These law clerks provide services to the Probate Court whenever possible. There is a lot of sharing taking place. Judge Lawless then stated there is a need for additional law clerks in other divisions.
MOTION CARRIED UNANIMOUSLY.
Comm. Weatherwax-Grant asked if the court is seeing any trend in new technology which would reduce file work. Ms. Swayze stated the Division is also looking into e-filing as is the Family Division. A person would still be needed to operate an e-file system. Judge Collette stated his hope that the Court will have e-filing technology in the near future.
Comm. Weatherwax-Grant stated she was sympathetic with the Division’s filing concerns. If the Court finds additional funding within their budget later in the budget process, the Committee could accommodate a request for a file clerk.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. SWOPE, TO ADD $18,000 TO THE Z LIST (AS NET COST) FOR A LEVEL ONE FILE CLERK POSITION AND TO REDUCE THE TEMPORARY STAFF LINE ITEM BUDGET FOR THE GENERAL TRIAL DIVISION. MOTION CARRIED UNANIMOUSLY.
2. Final Ranking
MOVED BY COMM. WEATHERWAX-GRANT, SUPPORTED BY COMM. SWOPE, TO RANK THE Z LIST REQUESTS AS FOLLOWS:
2. Friend of the Court Division Request for a Level One File Clerk Position
MOTION CARRIED UNANIMOUSLY.
Announcements
Mr. Neilsen informed the Committee that the Finance Committee Budget Hearing has been scheduled for September 28, 2005 at 6:00 p.m.
Mr. Neilsen informed the Committee that the Steering Committee will be holding RFP interviews on September 20, 2005 from 8:00 a.m. until 12:00 p.m. in the Board of Commissioner’s room in the Veteran’s Memorial Courthouse.
Public Comment
Judge Collette informed the Committee that a ceremony will be held at the Veteran’s Memorial Courthouse to dedicate the Memorial to Recognize Attorneys on September 20, 2005 at 4:00 p.m. He invited the Commissioners to attend this ceremony.
The meeting adjourned at 7:27 p.m.
Respectfully submitted,
Debra Neff