City of Columbus - File #: 1536-2004

• File #: 1536-2004
• Version: 1
• Type: Ordinance
• Status: Passed
• File created: 8/25/2004
• In control: Administration Committee
• On agenda: 9/20/2004
• Final action: 9/23/2004
• Title: To authorize the City Clerk to enter into contract with the Franklin County Public Defender Commission to provide legal counsel to indigent persons charged with criminal offenses, to authorize the transfer of $100,000 within the Office of City Council, to authorize the expenditure of $706,198 from the General Fund; and to declare an emergency. ($706,198.00 )

Date	Ver.	Action By	Action	Result
9/23/2004	1	CITY CLERK	Attest
9/22/2004	1	MAYOR	Signed
9/20/2004	1	Columbus City Council	Approved	Pass
9/20/2004	1	COUNCIL PRESIDENT	Signed
9/15/2004	1	Council Drafter	Sent to Clerk's Office for Council
9/14/2004	1	Council Drafter	Sent for Approval
9/14/2004	1	Auditor Reviewer	Reviewed and Approved
9/14/2004	1	CITY AUDITOR	Reviewed and Approved
9/14/2004	1	Council Drafter	Sent for Approval
9/14/2004	1	CITY ATTORNEY	Reviewed and Approved
9/9/2004	1	COUNCIL PRESIDENT (approver)	Reviewed and Approved
9/9/2004	1	Council Drafter	Sent for Approval
9/9/2004	1	FINANCE DIRECTOR	Reviewed and Approved
8/26/2004	1	Council Drafter	Sent for Approval

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, for representation in the Franklin County Municipal Court, for 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.

Award of this contract meets the procurement provisions of Chapter 329.29 and 3901.01 of the Columbus City Codes, 1959. Emergency action is requested to facilitate accounting processes.

FISCAL IMPACT: This contract is presented on the basis of an understanding that the total contract for services upon which the City will pay the Commission is $3,585,973 of which it is expected the State Public Defender Commission will reimburse an estimated 29%, and the Franklin County Commissioners will pay 61% of the remaining expenses that are the result of State charged misdemeanors for a projected net cost to the City of $992,956. In the event the State reimburses at a different rate and/or the actual State charged misdemeanors differs, the contract may be amended upward or the City may be due on reimbursement.

This legislation provides only $706,198 of the projected contract amount, with the balance to be secured after the Department of Finance completes its third quarter financial review. The delay gives time for a more accurate projection of costs, as additional history will have elapsed. And because recent monthly costs have trended downward, it is hoped that the amount necessary will be ...