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File #: 1858-2022    Version: 1
Type: Ordinance Status: Passed
File created: 6/22/2022 In control: Finance Committee
On agenda: 7/11/2022 Final action: 7/14/2022
Title: To authorize the Director of the Department of Finance and Management to enter into a contract with the Franklin County Public Defender Commission to provide legal counsel to indigent persons charged with criminal offenses; to authorize the expenditure of $80,106.00 from the general fund; and to declare an emergency ($80,106.00)
Attachments: 1. Ord 1858-2022 Public Defender Legislation Template.pdf
Explanation

Background: This ordinance authorizes the Finance and Management Director to enter into contract with the Franklin County Public Defender Commission for providing legal counsel to indigent persons charged with criminal offenses. 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 Code 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 (based on poverty guidelines as determined by the United States Department of Health and Human Services) charged with 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 contract is presented on an understanding that the total cost of the 2022 public defender program is budgeted to be $6,575,858, of which the Franklin County Commissioners' portion is 58 percent (or $3,813,998) and the City's portion is 42 percent (or $2,761,860). The State Public Defender Commission is projected to reimburse 85 percent of these costs and therefore the net cost to the City will be $414,279. This amount is then decreased by $334,173 from the 2021 expenditure reconciliation, resulting in a net 2022 contract amount of $80,106. In the event the actual State-charged misdemeanors differ from the estimate, and/or the State reimburses at a different rate, the City may owe the County or be due reimbursement. A reconciliation will be conducted at year-end to determine the final charges.

Award of this contract meets relevant procurement provisions of Chapter 329 of the Columbus City Codes, 1959.

Franklin County, aka Treasurer Franklin County, FID#31-6400067

Emergency action is requested...

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