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File #: 1558-2019    Version: 1
Type: Ordinance Status: Passed
File created: 6/4/2019 In control: Criminal Justice & Judiciary Committee
On agenda: 6/24/2019 Final action: 6/27/2019
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 transfer of $54,837.00 within the General Fund; to authorize the expenditure of $1,354,837.00 from the General Fund; and to declare an emergency ($1,354,837.00)
Attachments: 1. Ord 1558-2019 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 2019 public defender program is budgeted to be $5,708,884, of which the Franklin County Commissioners' portion is 56 percent (or $3,196,975) and the City's portion is 44 percent (or $2,511,909). The State Public Defender Commission is projected to reimburse 42 percent of these costs and therefore the net cost to the City will be $1,456,907. This amount is then decreased by $102,070 from the 2018 expenditure reconciliation, resulting in a net 2019 contract amount of $1,354,837. 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, Contract Compliance #31-6400067

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