Explanation
BACKGROUND
The Franklin County Public Defender Commission performs all the duties and responsibilities under Section 12 of the City Charter, Chapter 173 of the Columbus City Codes, 1959, and Sections 120.13 and 120.14(e) of the Ohio Revised Code in providing legal counsel to indigent persons charged with criminal offenses. Since 1976, the City has contracted with the Commission to represent in the Franklin County Municipal Court all indigent persons charged (based on poverty guidelines as determined by the United States Department of Health and Human Services) with the violations of an ordinance of the City of Columbus. Except for State charged misdemeanors, the City funds the Municipal Unit while the Franklin County Commissioners fund the balance.
This ordinance authorizes the Department of Finance and Management to amend the 2007 contract with the Public Defender and to authorize an additional expense of $350,515.02 to provide funds to make a reconciliation payment to Franklin County. On an annual basis, a post-year reconciliation of public defender costs ascertains the accuracy of City costs in accordance with the contract for Public Defender services. The reconciliation for 2007 indicates the City owes an additional $350,515.02
Award of this contract meets the procurement provisions of Chapter 329.29 of the Columbus City Codes, 1959.
This ordinance is submitted as an emergency so as to allow the financial transaction to be posted in the city's accounting system as soon as possible. Up to date financial processing promotes accurate accounting and financial management.
FINANCIAL IMPACT
This is an unfunded expense. The original estimated cost to the city for 2007 Public Defender services was $932,160. At the time the 2007 contract was entered into, it was estimated that 66% of cases would be related to indigent persons with misdemeanor criminal violations of state law (and therefore the responsibility of Franklin County) and the remaining 34% would be for violations of the Columbus City Codes, which are the city's responsibility. The actual split was 53.8% State and 46.2% City, resulting in additional charges of $350,512.02. Funds are being transferred from the citywide account for this expense. Due to strict hiring controls, it is anticipated that not all funds placed in this account for the restoration of laid off positions will be needed to be transferred back to individual divisions and that this savings can be used for this contract modification.
Title
To authorize the transfer of $350,512.02 within the General Fund, Department of Finance and Management, Financial Management Division; to authorize the Director of the Department of Finance and Management to amend the Public Defender contract and to expend an additional $350,512.02 to cover reconciliation costs due pursuant to a post-year reconciliation of 2007 public defender costs, and to declare an emergency ($350,512.02)
Body
WHEREAS, The City of Columbus recognizes its responsibilities as defined in Section 12 of the City Charter, Chapter 173 of the Columbus City Codes, 1959, and Sections 120.13 and 120.14(e) of the Ohio Revised Code to provide legal counsel to indigent persons charged with criminal offenses; and
WHEREAS, the City of Columbus in furtherance of the execution of its legal responsibilities, entered into contract with the Franklin County Public Defender Commission for 2007 services for the city's indigent citizens and
WHEREAS, at the completion of each contract year a reconciliation payment is made or received by the City based on actual expenditures vs. anticipated expenditures, actual State charged misdemeanors vs. anticipated, and actual State Public Defender Commission reimbursement vs. anticipated reimbursements; and
WHEREAS, the 2007 reconciliation amount has been determined to be $350,512.02 owed by the city; and
WHEREAS, an emergency exists in the usual daily operation of government of the City of Columbus that it is immediately necessary to amend the 2007 contract with the Franklin County Public Defender Commission in order to assure the continuity of legal services to indigent persons in Columbus thereby preserving the public peace, property, health, safety and welfare; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the City Auditor is hereby authorized to transfer the sum of $350,512.02from within the general fund, 010, the Finance and Management Department, Division of Financial Management, Department No. 45-01, from OCA Code 904508, Object level 1-10, Object Level 3-5501 to OCA Code 450015, Object Level 1-3, Object Level 3-3337.
SECTION 2. That the Department of Finance and Management be and is hereby authorized to amend contract EL007129 with the Franklin County Public Defender Commission of Columbus, Ohio for the period of January 1, 2007 through December 31, 2007 to increase the amount by $350,512.02.
SECTION 3. That the sum of $350,512.02 be and hereby is authorized to be expended from the General Fund, Fund 010, Finance and Management Department, Division of Financial Management, Department No. 45-01 OCA Code 450015, Object Level 1-3, Object Level 3-3337 to pay the cost thereof.
SECTION 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.