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 2008 contract with the Public Defender and to authorize an additional expense of $9,449.17 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 2008 indicates the City owes an additional $9,449.17.
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
The original estimated cost to the city for 2008 Public Defender services was $1,266,754. The additional amount will be funded through savings in other budget items in the Division of Financial Management.
Title
To authorize the Director of the Department of Finance and Management to amend a contract with the Franklin County Public Defender Commission and to expend an additional $9,449.17 to cover additional costs due; and to declare an emergency ($9,449.17)
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 2008 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 versus anticipated expenditures, actual State charged misdemeanors versus anticipated, and actual State Public Defender Commission reimbursement versus anticipated reimbursements; and
WHEREAS, the 2008 reconciliation amount has been determined to be $9,449.17 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 2008 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 Department of Finance and Management be and is hereby authorized to amend contract EL008707 with the Franklin County Public Defender Commission for the period of January 1, 2008 through December 31, 2008 to increase the amount by $9,449.17.
SECTION 2. That the sum of $9,449.17 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 3. 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.