Amended 12/01/05
JUDICIARY
November 10, 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, Anethia Brewer, Judge Aquilina, Mike Ladki, Latisha Heath, Troy Windell, Kristin Norbert, Gary Bower, Matt Wojack, Paul Elam, Jim Paparella, Karen Boregard, Melissa Pearson, Randy Bell, Justin Sheehan, Cindy Anders, Leslie Smith, Jim Pettingbone, Margaret Mays, Christine Timmon and others
The meeting was called to order by Chairperson Holman at 7:24 p.m. in the Personnel Conference Room of the Human Services Building, 5303 S. Cedar, Lansing.
Approval of the October 27, 2005 Minutes
MOVED BY COMM. SWOPE, SUPPORTED BY COMM. SCHAFER, TO APPROVE THE OCTOBER 27 MINUTES AS SUBMITTED. MOTION CARRIED UNANIMOUSLY.
Additions to the Agenda
2b. Update Regarding 55th District Court Revenues
Limited Public Comment: None
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE A CONSENT AGENDA FOR THE FOLLOWNG ITEMS:
1. Board of Commissioners – Resolution Recognizing Thomas M. Cooley Law School for Their Support and Contributions to the Lansing Teen Court
2a. 55th District Court – Resolution Requesting Contingency Funds to Assist in Meeting the 55th District Court’s Probation Case Management Demands During Maternity Leave
MOTION CARRIED UNANIMOUSLY.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. WEATHERWAX-GRANT, TO APPROVE THE ITEMS ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
2b. 55th District Court – Discussion Regarding Projected Revenues
Mr. Neilsen stated he has had discussions with the Court regarding its 2005 revenue projections. The Board of Commissioners recently approved two clerk positions based on the Court’s revenue projections. Mr. Neilsen further stated the Court is now projecting a revenue shortfall of approximately $250,000.
Ms. Brewer, 55th District Court, explained the 2005 budget did not account for the retirement of two district court judges. In order to accommodate new judgeships, the Court needed to allocate a number or resources for new stationary, judicial robes, memberships and office equipment, etc. The retirements also posed a delay in normal Court processing as the elected new judge was required to attend new judge’s school and other trainings at the beginning of the year. Also, only one courtroom was fully operational for several weeks.
Ms. Brewer stated the Court approximates a total of four months where judicial services were not 100% operational. The months of June and July showed a decrease in revenue in the amounts of $61,706 (June) and $47,615 (July). This total of $109,321 would have matched the collection in 2004. It does not represent additional collection of revenue.
The second major factor contributing to the decrease in revenue is a decrease in court filings. As of October 31, traffic filings were 2,764 less than this time last year. Civil case filings are 513 less than this time last year. The criminal department is the only division with an increase in filings. Ms. Brewer stated the standard traffic citation is $95 to $105. A decrease in over 2,000 tickets definitely affects revenue generation.
Ms. Brewer then explained there is little initiative toward warrant enforcement and collection of outstanding fines and costs. The Court, however, has had major success with processing forfeited bonds. This task will be placed at the forefront during the 2006 fiscal year. Through a federal work study program, law school interns will assist with warrant enforcement and collections for the court. Also, allocating personnel resources in this area will generate a significant amount of revenue in the near future.
The Court has implemented a number of new sentencing arrangements to assist with jail overcrowding. Some defendants are given time to pay their fines and costs. The extension files in the Court have grown to two shelves in the Clerks’ office. In the past, these files only used a quarter of the space in a file drawer. It is predicted that March and April 2006 will be very high collection months since most extension files will be due during that time.
Ms. Brewer stated the Court has considered a number of options for the collection of fines and costs based on the projected shortfall for 2005. The solutions include the continuation of payment plans/wage assignments; amnesty programs and warrant enforcement. She then explained the Court was requesting some time to see how the proposed solutions work. The Court will come back before this Committee during the first of the new year to update the Committee on this matter.
Chairperson Holman stated she was prepared to hear a great report from the Court tonight. She expressed her concern regarding the projected shortfall in revenue. Judge Aquilina stated she was also shocked at the projected shortfall. She then stated the Court is doing everything possible to address this situation.
Mr. Neilsen stated he has reviewed this issue with the Budget Director and Ms. Brewer over the past few weeks. The reasons for the shortfall are plausible. However, the Board of Commissioners did approve two new positions based on earlier revenue projections. If the proposed solutions do not address the problem, the Committee will receive a recommendation from the Controller’s Office to redline the two new positions during the second quarter of 2006.
The Committee held a general discussion regarding this matter. Chairperson Holman stated this Committee looks forward to hearing from the Court early in 2006.
4. Controller’s Office – Resolution Authorizing 2006 Agreements for Community Agencies
Mr. Neilsen informed the Committee that it has been allocated $47,000 to be used for its Community Agency process. There are two returning Agencies and one new Agency. The 2006 allocation is the same level as for 2005. The Board of Commissioners has indicated its desire to focus on agencies which meet basic needs of the County residents. Mr. Neilsen then explained the Human Services Committee is the only liaison Committee to receive an increased allocation over the 2005 amount. Lansing Teen Court is the new agency and it is requesting $14,000. The total requested amount of Community Agency funding for this Committee is $66,000; this is $19,000 more than this Committee’s allocation.
COMM. DOUGAN DISCLOSED THAT HE REPRESENTS AN INDIVIDUAL WHO IS AN EMPLOYEE OF 60 PLUS, INC.
Mr. Ladki, Lansing Teen Court, expressed his appreciation to this Committee for being allowed to make its request for funding. The Teen Court wishes to hire a full time family youth advocate. This advocate would address under-lying issues regarding the teens. Teens are referred to the Teen Court by the Ingham County Prosecutor’s Office. Mr. Ladki then explained the process and the purpose of the Court.
Mid-South Substance Abuse Commission is a partner of the Teen Court. They have indicated they would match funding from the County for the advocate position. The funding would also be used to expand the Teen Court program into other areas of the County.
Comm. Nolan expressed her support of the Teen Court. She then stated she has a Lansing Teen Court video she would be happy to share with interested Commissioners. Comm. Dougan stated he would like to see hard data regarding the number of teens involved in the Court and where the teens are from. Mr. Ladki stated many of the teens live within Ingham County.
Comm. Schafer suggested the name of the Court be changed to be more inclusive of the participants of the program.
Chairperson Holman asked if this is a one-time request from the Lansing Teen Court. Mr. Ladki stated the Teen Court does not currently receive any County funding. It will always seek local funding partners. Chairperson Holman asked if the Teen Court’s approach will change over time or will it remain the same. She further explained there is a possibility that this program could be included in the County’s continuum of care concept. Mr. Ladki stated the Court would be willing to do whatever is necessary to be a part of a community collaboration.
Comm. Weatherwax-Grant asked if Mid-South would still contribute funding toward the advocate position if County funding is not received. Mr. Ladki stated Mid-South will match a contribution from the County. Comm. Weatherwax-Grant then asked if the advocate position could be a part-time position. Mr. Ladki stated the Court would make adjustments if necessary to obtain County funding.
Ms. Norbert, Legal Services of South Central Michigan (Legal Services), addressed the Committee regarding Legal Services’ $46,000 funding request. Ms. Norbert explained Legal Services primarily assists domestic violence victims who do not have sufficient funds for legal representation. There is a very large need for this type of service. The County has been wonderful in supporting Legal Services over the years.
Comm. Schafer asked how Legal Services determines where to appropriate their resources. Ms. Norbert explained that Legal Services’ bookkeeping and intake systems ensure that Ingham County funding remains within the County. Comm. Weatherwax-Grant stated Legal Services receives funding from eight local sources.
Mr. Bower, Sixty Plus, Inc., addressed the Committee regarding the agency’s funding request in the amount of $6,000.00. He distributed Sixty Plus brochures to the Committee for their information. Sixty Plus receives word of mouth referrals. Many of the agency’s clients are casualties of financial planning. Sixty Plus provides many civil legal services. It does not provide criminal or bankruptcy services.
Four hundred to five hundred clients are served by Sixty Plus per year. Sixty Plus is requesting Community Agency funding to assist in funding its full time coordinator. This is a continuing position. Mr. Bower stated he understands this Committee’s dilemma in appropriating the Community Agency funds. The other needs expressed this evening are just as genuine as the needs of Sixty Plus.
Comm. Dougan asked if Sixty Plus requests donations from its clients. Mr. Bower stated the clients are only asked to complete an evaluation and assessment at the conclusion of their cases. They are also informed of the agency’s donation process.
5. Youth Violence Prevention Coalition – Presentation on Continuum of Care for Youth
Mr. Paparella, Youth Violence Prevention Coalition (Coalition), addressed the Committee regarding the continuum of care for youth concept. He distributed information to the Committee which outlines a “Continuum of Care for Youth in Ingham County.” This concept aims to increase existing capacity to address risk factors before and/or after the onset of delinquent behavior. The concept advocates for the development and implementation of a range of services which include community-based prevention, intervention and aftercare strategies. A determination has been made that the Continuum of Care should address ten to sixteen year old youths who experience difficulties in school.
Key leaders within our community and the entire membership of the Coalition have been presented with this model and unanimously support its underlying concept and promising approach. The Coalition is requesting this Committee to formally support and adopt this new paradigm through resolution and work with the YVPC to secure resources for appropriate programming. Mr. Paparella further stated the Coalition hopes to obtain full funding from the community for the development and implementation of the concept.
Chairperson Holman stated the County’s partnership with the Coalition has been very successful to date. Comm. Nolan expressed her appreciation to the Coalition regarding their work with the County. She encouraged the Coalition to continue building community support to address the needs of our youth. Mr. Wojack stated this has been a community-wide effort.
Comm. Weatherwax-Grant stated the Coalition has helped the County to collaborate with resources within the community to meet the needs of at risk youth. Together, great things can be accomplished.
4. Controller’s Office – Resolution Authorizing 2006 Agreements for Community Agencies
(The Committee continued this discussion from earlier in this meeting.)
Comm. Nolan asked about the possibility if allocating funds from the Contingency Fund would be appropriate for the Lansing Teen Court’s request. Mr. Neilsen stated the 2006 Contingency Fund balance at this time is approximately $260,000. Comm. Nolan then stated the request could be filled with funds from the Contingency Fund and the Juvenile Justice Millage.
Chairperson Grebner stated the Committee should consider how to allocate the requested funds on a continuous basis. This request should be added to the budget. Comm. Nolan stated Contingency Funds could be used for the initial request; and, this would also give people time to determine how to fund the request in the future. Chairperson Grebner stated the time to add long term items to the budget is during the County’s annual budget process.
Comm. Schafer stated the Contingency Fund should not be used in this matter. He then stated he is not opposed to using Juvenile Justice Millage funds for the Lansing Teen Court. Comm. Weatherwax-Grant suggested the Committee obtain legal advice regarding the use of Millage funds in this matter.
Mr. Neilsen stated he would forward this matter to the County Attorney for a legal opinion. He suggested the Committee allocate the $47,000 in Community Agency funding for Legal Services and Sixty Plus. Staff would explore the use of Juvenile Justice Millage funds for the Lansing Teen Court. The Attorney’s opinion could be available at this Committee’s next meeting.
Chairperson Holman expressed her interest in funding the Lansing Teen Court.
MOVED BY COMM. DOUGAN, SUPPORTED BY COMM. SWOPE, TO RECOMMEND FUNDING LEGAL SERVICES OF SOUTH CENTRAL MICHIGAN IN THE AMOUNT OF $43,631; AND TO RECOMMEND FUNDING OF SIXTY PLUS, INC. IN THE AMOUNT OF $3,369.
Comm. Schafer suggested an amendment to reduce the recommended allocations if the Millage funds cannot be used for the Lansing Teen Court. If this is the case, this Committee’s Community Agency allocation could be allocated to the three requesting agencies.
MOVED BY COMM. SCHAFER, SUPPORTED BY COMM. NOLAN, TO AMEND THE ABOVE MOTION TO ALLOCATE $38,631 TO LEGAL SERVICES OF SOUTH CENTRAL MICHIGAN; TO ALLOCATE $3,369 TO SIXTY PLUS, INC.; AND TO FUND THE LANSING TEEN COURT IN THE AMOUNT OF $5,000 IF THE COUNTY ATTORNEY DETERMINES JUVENILE JUSTICE MILLAGE FUNDS SHOULD NOT BE USED FOR THE LANSING TEEN COURT.
Comm. Swope expressed his concern that this Committee has allocated Community Agency funds to Legal Services to fund a continuing position over the past several years. That need will not disappear. The Lansing Teen Court wants to expand its current level of services. Therefore, he cannot support the amendment.
MOTION FAILED with Comms. Schafer and Holman voting YES.
MAIN MOTION CARRIED UNANIMOUSLY.
3. IJIG’s Committee – Resolution Authorizing a Pro Temps Contract Extension for the Integration Phase of the Integrated Justice Information System
MOVED BY COMM. SWOPE, SUPPORTED BY COMM. DOUGAN, TO APPROVE THE RESOLUTION AUTHORIZING A PRO TEMPS CONTRACT EXTENSION FOR THE INTEGRATION PHASE OF THE INTEGRATED JUSTICE INFORMATION SYSTEM.
Mr. Neilsen stated approving the Resolution would continue the contract for a part-time position. He then distributed information to the Committee which detailed the issues which have been addressed to date by the part-time contract employee.
Comm. Swope expressed his concern that the contract continues to be renewed. Chairperson Grebner stated projects may not be completed on time, but they are not abandoned as they have been in the past. He then stated that when Mr. Ferguson retires, the County will find a way to do the same work. Mr. Neilsen stated the current arrangement works for the County and Mr. Ferguson.
Comm. Dougan asked if the employee is accountable for his time. Mr. Neilsen stated Pro Temps relies on the County to account for the time. Comm. Weatherwax-Grant asked if the County provides funding for supplies as related to the contract employee. Mr. Neilsen stated the County provides a minimal amount of funding for supplies and travel expenses.
Comm. Schafer stated he voted against this request during the Law Enforcement meeting earlier this evening because this contract has been ongoing for several years. Also, this Committee does not entertain resolutions for employment of specific individuals as a rule.
Chairperson Holman asked if it would be feasible to approve a six-month extension and to direct staff to pursue other options in the meantime. Chairperson Grebner stated Mr. Ferguson has always been very tolerant of the contract extensions. It wouldn’t be sensible to look for alternatives.
MOTION CARRIED with Comm. Schafer voting NO.
6. Board Referral – Resolution from Lake County Regarding Title VI-E Federal Social Security Act
Mr. Neilsen stated he would refer this Resolution to the local Department of Human Services.
Announcements: None
Public Comment
Ms. Timmon expressed her concerns regarding the discussion of using Juvenile Justice Millage funds in agenda item four. She then spoke regarding the City of Lansing Clerk position.
The meeting adjourned at 9:27 p.m.
Respectfully submitted,
Debra Neff