HomeMy WebLinkAboutBudget Finance October 25 20021
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
PROPOSED 2003 WHATCOM COUNTY BUDGET
October 25, 2002
The meeting was called to order at 9:00 a.m. by Committee Chair Sam
Crawford in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Dan McShane None
Sharon Roy
Also Present:
Barbara Brenner
DISCUSSION OF THE COUNTY EXECUTIVE'S 2003 RECOMMENDED BUDGET
(PROSECUTING ATTORNEY AND LAW LIBRARY, SUPERIOR COURT /CLERK,
PUBLIC DEFENDER, DISTRICT COURT, DISTRICT COURT PROBATION,
JUVENILE COURT/ PROBATION/ DETENTION) (AB2002 -370)
PROSECUTING ATTORNEY AND LAW LIBRARY
Dave McEachran, Prosecuting Attorney, stated felonies are up 27 percent
from last year. His office now has seven active homicide cases. There is a rise of
methamphetamine use in the county. To meet the budget requirements, he has
made reductions, such as reducing the number of full -time equivalent (FTE)
positions for appellate attorneys from two to one as long as they can hire outside
counsel. However, appellate activity has increased this last month. One unknown
in the budget for next years is this Elmore case that will come back for an appeal.
He has achieved the one percent reduction request.
Crawford asked if Whatcom County has received any money from the federal
government because it is on the border with Canada. McEachran stated local
senators have asked for federal money for the county due to its location near the
border. Southern borders have received federal money, and he wants the same
treatment. Border issues include drugs, fugitives, mail fraud, and other issues.
Roy asked if the councilmembers could help with getting more money.
McEachran stated calls to Congressman Rick Larson would help. He is asking for $2
million for the entire system.
McShane stated he philosophically questions why the County should handle
federal cases when the federal government doesn't pay for it. McEachran stated an
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 1
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
analogy is what happened in downtown Bellingham. All of the merchants
demanded help because drug dealers where easily observed on the streets selling
crack cocaine. The drug dealers and gang members had saturated the market in
Tacoma, so they came to this area. When this happens, it degrades the entire
community. It took a while for the undercover operations to play out. Law
enforcement has to have a presence in the community.
McShane stated that a negative culture is created in the community when
law enforcement lets drug possession arrests go in order to capture the kingpins.
He questions how far it would have gone if the business owners downtown hadn't
demanded that something be done. McEachran stated it takes more than a report
of a drug deal to prosecute drug cases. Law enforcement personnel need to get in
there and do transactions to build a case.
McShane stated the High Intensity Drug Traffic Act (HIDTA) provides money
for prosecution, but not for the jail and defense. He asked what happens if Mr.
McEachran chose not to prosecute federal cases. McEachran stated they would let
them go. It's the federal government's work, but it is also the County's work
because it is County laws. He's not willing to not prosecute those cases.
Roy stated they are measuring success on how many they arrest, but
resources could go into intervention. That would be extremely important.
Crawford stated Whatcom County gets only $35,000 per year for drug
intervention.
Roy questioned whether they address those issues with the Drug Task Force.
McEachran stated they need a multi- faceted approach to address the drug issue.
Roy stated that drug treatment won't help kids living in cars and on the
streets. McEachran stated drug court is a great program, but the only way people
go through that program is through prosecution.
Roy asked about whether the law library will in the future become an online
resource. McEachran stated it is now. The law library has reduced the number of
hard copy volumes because the cost of books is too much. Citizens, County
employees, and attorneys use the library. The Bar Association contributes funding
to the law library. They still have to have a certain amount of volumes
Janai Powell Lane, Law Librarian, stated she can only get about five years
back on case law online. Some case law goes back 100 years. One - quarter of the
reference questions she answers are on where to find information online. A lot of
people need a library resource to guide them through the civil process and filing the
forms. More and more people are representing themselves in court because they
can't afford to hire an attorney. The law library is the only resource for those
people. That information is not available on the internet. She requests print books
from the University of Washington and other sources every week.
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 2
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McEachran stated the law library is funded from the courts. It could be open
only to the County employees and the Bar Association, but he feels that it should be
open to the public. The County only provides $5,000 for the law library. He's
asked for an additional $5,000 this year. The additional services request (ASR) was
recommended by the administration in the amount of $2,500.
McShane stated he would like written information from the Prosecutor on the
ASR's that weren't approved. McEachran stated he would provide that information.
SUPERIOR COURT /CLERK
N.F. Jackson, Superior Court Clerk, stated 100 percent of business is what
the people bring to him. Cases are up by one - third. Ninety -nine percent of
Superior Court business is regional, without regard to city limits. The tax base is
reduced through annexations, but demand for court services is not reduced. Cases
get bumped back, and can't get to trial. The non - criminal community feels that
their access to justice is limited. The caseload has increased because the
Department of Corrections stopped monitoring payments ordered from convicted
criminals. The Department of Corrections is dumping hundreds of cases on the
County. He is trying to get those things into collections.
The court is involved in a number of domestic violence initiatives. One ASR
that was not approved was a request to add a part time domestic violence
coordinator. Right now, the County doesn't enforce compliance with batterer's
treatment because it is a civil issue. If there is a misdemeanor or felony conviction,
then compliance is monitored by probation officers, but only in the criminal cases.
Brenner asked what recourse a victim has if she notices that the batterer
isn't going to treatment. Jackson stated none, unless the batterer violates the no
contact order. A court can find that the abuser is in contempt by not following
treatment.
Brenner asked what the recourse would be if there were monitoring. Jackson
stated court could find its own motion and not rely on the victim, who is trying to
avoid the situation. There could be jail time for civil contempt. The victim can still
bring the violation forward to the court.
The drug court is phenomenally successful. It receives zero Whatcom County
dollars, with the exception of $25,000 from the drug fund. The rest is federal
funds. The juvenile drug court is beginning to get up and running. A family drug
court involves dependencies, where children are taken away from parents who are
abusive because of drug addictions. They are now seeing parents get their kids
back because there is successful, intensive case management for drug abuse. No
County dollars are involved.
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 3
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Through law and justice system collaboration and Law and Justice Council
initiatives, there are significant collaborations in the community and with the State.
McShane stated he would like to know the amount in the drug fund and how
it gets distributed.
Jackson stated only $600,000 is available regionally from the Northwest
HIDTA for drug courts. That amount gets smaller as more drug courts are
developed.
(Clerk's Note: End of tape one, side A.)
Jackson stated there used to be six drug courts in the region, and now there
are 12. Whatcom County has been getting $100,000 annually. Now, it gets
$50,000 for six months. He doesn't know what they will get for the following six
months. There are other sources of funding that have sunset clauses, and will not
last forever. By allocating money from here and there, he can extend the federal
stream out a year or two, beyond the 2004 termination date.
Brenner asked if everyone who gets busted for drugs has the option of going
to drug court. Jackson stated there are certain restrictions, such as whether a
weapon or violence was involved. There are conditions on the federal money.
Anyone who is eligible can apply.
McEachran explained the eligibility requirements for drug court. People with
a pattern of violence should not be in the program.
Roy asked if a lack of space and courtrooms affects their ability to be
effective. Jackson stated that if they added six more judges and courtrooms, they
could try more cases, but he doesn't recommend that. They should continue to
better manage their cases. In the past several years, they have made changes to
better manage cases.
Crawford asked if there is a way to push civil cases out of the court if the
parties don't live in the county. Jackson stated that if someone has the right to file
a case in Whatcom County, then he would not want to give up the work that was
put into that case already. The parties are able to file for a change of venue.
Crawford stated he didn't want Whatcom County to be attractive for people
to bring their cases here.
McShane stated the drug court is a great idea. Jackson stated there is a
huge waiting list for drug court. Whatcom County can't absorb it because the
grants don't fund the public defender or the prosecutor, who contribute work to the
drug courts. There is a caseload cap on the drug court.
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 4
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated he is concerned about the federal budget deficit effects on
funding drug courts. Jackson stated he believes that the money will continue to
flow, considering the success of the courts.
PUBLIC DEFENDER
Jon Ostlund, Public Defender, stated the State legislature reduced sentences
on drug offenses. The money saved from prison sentences is earmarked for drug
treatment and drug courts. Whatcom County will see money flowing in from the
State in two years. State and federal money only funds the court portion of drug
court. However, his office uses County money to support his efforts with the drug
court.
The core mission of his office is to provide adequate Constitutional defenses
of his clients. If he can't do that with the staff he has, he will ask the Council and
Executive for relief. He is struggling this year. The felonies that his office handles
are going up more than ten percent. He's had to divert attorneys and hire more
temporary attorneys, but he is limited by how much and how often he can do that.
He suggested increasing the funding for an extra help attorney. What happens
next year is driven by what happens with the number of felony filings. If the
increase in felonies continues, he will have to request additional help.
He made an additional services request for West Law online research, which
is shown as a one -time expense. However, that expense is ongoing. It should be
changed. He, the Prosecutor's Office, and the courts have been transferring legal
research to online legal research, which is more efficient. They have been
canceling their hard copy book subscriptions.
Roy asked if there are statutory obligations to deal with truancy and at -risk
youth. Ostlund stated the legislature created the Becca Bill. He does not know
what would happen if the County chose not to pursue those cases. They are a
drain, but there may be significant problems with the school districts.
Roy stated the schools gave up on it a long time ago. Ostlund stated it came
back. The legislature mandated that the State, school districts, and counties
pursue and prosecute truancy cases. The State funded it initially, for a short time.
That funding has been taken away. He explained the Becca Bill procedure.
Brenner asked if the cities are paying their fair share for the law and justice
system. McEachran stated the County handles all the felonies by law. The cities
handle their own misdemeanors. Whatcom County sued Bellingham for closing its
jail and forcing Whatcom County to use the State charges to arrest people, bring
them to District Court, and the Prosecutor's Office had to prosecute them.
Bellingham got rid of its criminal code. Whatcom County sued Bellingham, and he
also wrote a bill that disallows cities from doing that.
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 5
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
McShane stated he liked how the public defender laid out the case costs. He
asked if the public defender gets any money from the drug fund. Ostlund stated he
does not. They are not allowed to, according to federal limitations.
Brenner asked how much FTE time is devoted to truancy and at -risk cases.
Ostlund stated .3 to .4FTE is devoted to juvenile truancy.
Brenner asked if there is something that prohibits the County from deciding
which cases get prosecuted first. Ostlund stated there are criminal timeframes they
have to meet. There are not timeframes for civil juvenile truancy cases.
McEachran stated he prioritizes cases, and violent cases are the highest
priority. Crime is the driving factor. He explained his process for deciding to
prosecute cases. Everything is specifically driven by court rules. He's streamlined
the Becca Bill court process.
DISTRICT COURT
Bruce Van Glubt, District Court and District Court Probation, stated the
primary goal of the District Court is customer service. Staff can affect the quality of
the office before citizens enter the courtroom. His office began to post court
calendars in the hallway; updated the website so people can find out about jury
service, download forms, get fee information, and other services, and; update the
phone message that the public hears when calling the office. District Court judges
have worked to implement a driver re- licensing program. An amnesty program
allows people to have their fees and fines withdrawn from collections under certain
circumstances. It brings in more revenue that they would not normally see.
(Clerk's Note: End of tape one, side 8.)
Van Glubt handed out information regarding revenue and case filings (on
file). Traffic infractions are up 46 percent, for three reasons: the new Click It or
Ticket program, new deputies, and a fully staffed State Patrol. They are bringing in
record amounts of revenue from fees. Each case has to be entered into the system
and updated by hand.
Roy asked if there is a way to increase fees and revenue. Van Glubt stated
most fees are determined by the State. Judges are looking at the possibility of
increasing probation fees.
Crawford asked about increases in small claims. Van Glubt stated the
jurisdictional limit was raised to $5,000. People can go to District Court and get
more money.
McShane asked how they decided to institute the amnesty program. Van
Glubt stated Bellingham Municipal Court and District Court use the same collection
agency right now. They shared some of the advertising costs. It is a great service
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 6
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
for the public to allow people to get their licenses back, and it brings in more
revenue to the County.
Ira Uhrig, District Court Judge, explained the benefits of the amnesty
program.
McShane stated that a significant number of the revenue came out of the
City of Bellingham Municipal Court and then went to District Court. The case went
initially to the City's Municipal Court, and then got moved over to the County's
District Court. He asked how the City and County divide that money. Van Glubt
stated the money goes to whichever court referred the case to collections. All the
old City of Bellingham cases still belong to District Court. District Court would get
100 percent of that revenue. The City of Bellingham only gets money from the
cases it referred. There is no dispute there.
Crawford asked why salaries and wages are dropping.
Dewey Desler, Deputy Administrator, stated District Court combined two
positions into one position. It used to have separate directors of District Court and
District Court Probation.
Crawford asked if people have had to stand in line to find out what courtroom
to go to. Van Glubt stated they used to. Now, the information is posted outside of
the offices in the hallway.
Crawford asked if the County could further develop the information kiosk in
the rotunda to provide that information each morning. Desler stated that is a good
idea. Administration will meet with courts to determine how to distribute
information most efficiently to citizens about where to go.
DISTRICT COURT PROBATION
Bruce Van Glubt, District Court Probation Administrator, stated the two goals
of District Court Probation are offender accountability and victim safety. The victim
can be an individual or the general public. Probation monitors three types of
probations: pre -trial cases with a conditioned release from jail, criminal convictions,
and deferred prosecution when the defendant agrees to complete specific activities
and refrain from others during the period of probation.
Probation monitors hundreds of cases per day with a case auditing system.
Each officer's caseload is audited monthly to make sure each case has a file review
filed at regular intervals, each case is closed on time, and that Probation receives
progress reports monthly from treatment agencies. He explained the new 13 -week
training program for new probation officers. The domestic violence unit was
established as is fully staffed. He explained the benefits of the domestic violence
unit. One of the most effective tools of reducing recidivism and increasing the
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 7
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
chance of successfully completing probation is the frequency of contact with the
probation officer.
Brenner asked if the same probation officer is assigned to a case. Van Glubt
stated the goal is for each case to stay with the same probation officer, which
follows each case to every court hearing.
Brenner asked if a defendant is allowed to request a different probation
officer. Van Glubt stated a defendant is allowed to do that. The Probation
department wants these people to succeed. If there is a personality conflict
between a defendant and an officer, he will screen them himself. Oftentimes, the
defendant is unhappy because the probation officer is making he or she do what is
required. When the defendant realizes that all the probation officers will make the
defendant do what is required, the defendant will often decide to stay with the first
officer.
Another recent accomplishment was the transfer of the drinking under the
influence (DUI) assessment unit from the Health and Human Services Department
to District Court Probation. Everyone supported this transition. He made
significant improvements to the unit, including a pre -pay system. The intent is for
the assessment unit to become a self- supporting program, paid entirely by the
criminals who use the service. There have been problems recently with local
treatment assessment providers. He explained the nature of the problems, which
include a difference in assessment philosophy, reporting timelines, urinalysis
testing, and unreliable reporting and evaluations. Maintaining the assessment unit
in the Probation Department is the best way to solve these problems.
Brenner asked if it is illegal for providers to violate certain parts of State law.
Van Glubt stated he turns the provider in when he sees that happen. The State is
slow to follow up on these complaints. Some agencies are better than others, but
none provide consistent reporting.
Brenner stated she would like to know who those agencies are and what they
are doing. Van Glubt stated he would check with legal to find out if that is
appropriate.
Crawford suggested that Van Glubt also make a presentation to the
Substance Abuse Advisory Board. The defendant pays for the DUI assessment.
This problem is something that the advisory board should be aware of. The
advisory board asks these providers to report on how things are going, but it is
usually focused on illegal drug use. Van Glubt stated the probation officers are now
required to monitor the treatment agencies instead of working with the offenders.
He has problems with the treatment agencies being willing to monitor attendance at
Alcohol Anonymous (AA) meetings.
Roy asked if the unapproved ASR is for the assessment unit. Van Glubt
stated the request for the assessment unit was approved.
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 8
DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
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4 JUVENILE COURT /PROBATION /DETENTION
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6 Steve Paus, Juvenile Court Administrator, stated the Juvenile Court
7 Administration is divided into four divisions: detention facility and court services
8 intake unit.
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10 (Clerk's Note: End of tape two, side A.)
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12 Paus continued to state that the other two divisions of Juvenile Court
13 Administration are: community supervision unit and community justice center. He
14 explained the purpose of each division. Each juvenile in the system is assessed for
15 risk criteria and a case plan is developed to address the juvenile's needs. Youth are
16 different from adults. Those differences make them amenable to intervention and
17 treatment. From the inception, juvenile court has focused on rehabilitation rather
18 than punishment. The youth are everyone's responsibility. Interventions need to
19 be child centered, family focused, community- based, multi- agency, and multi -
20 disciplinary.
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22 Juvenile Court Administration receives funding from taxpayer dollars, the
23 State Department of Social and Health Services, and a variety of grants.
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25 Brenner asked about a $6,000 difference between the information in Volume
26 2 and the information he submitted. Paus stated there is a $5,000 transfer from
27 Juvenile Court to the Parks Department. There is also a $1,000 capital expenditure
28 for a remodel at the Justice Center.
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30 Crawford asked about the downward trend in restitution. Paus stated he is
31 concerned about that. Youth are supposed to pay what is in their ability to pay.
32 Failure to pay restitution results in a requirement to serve days in detention. The
33 County can collect on the restitution until the kid becomes 23 years old. They need
34 to bring kids in front of the court when supervision is over to force that payment.
35 The department can kick it into collections or have a show cause hearing, which
36 would cloud the person's ability to borrow money. One idea is to begin having a
37 formal probation termination hearing so a judge can arrange for the person to pay
38 off the outstanding obligations.
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40 Brenner stated the parents or legal guardians could be ordered by the court
41 system to pay for these services, based on their ability to pay. Lots of these
42 parents won't have the ability to pay. She questioned whether they are going to
43 clog up the court system just to keep finding out that they can't pay. Paus stated
44 that is an ongoing debate. Legally, the County can collect the money on a sliding
45 scale. The pay requirement can be done at the same time as the sentencing.
46
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DISCLAIMER: This document contains the Whatcom County Council or Committee
minutes, as approved. However, unless an attested signature page is attached, they
are not the final approved minutes.
Brenner stated they shouldn't burden the parents. These families are already
in crisis. She asked about the reason for the reduction in contractual services.
Paus stated treatment for sex offenders was cut. The teen court grant is over. He
will provide a breakdown by cost center. One reason was just to make budget cuts.
Brenner asked how long have the classes have been going. She asked how
they know that the classes are producing results. Paus stated there is a database
that tracks some of the information. This relates to the County's need for a
management information system (MIS), which would allow them to do electronic
performance measures. He tracks recidivism currently.
Brenner asked how many kids are earning their general educational
development (GED) diploma. Paus stated he would provide that information. It is
information he collects at the justice center and in detention.
Brenner stated she's heard that the educational component is a glorified
babysitting service. She would like to prove that's not true. Paus stated an
alternative is a day treatment program, which is like offenders going to daycare.
While the offenders are there, they do educational work and service learning
projects. He would like to hear directly from those who are not satisfied. He can
measure their educational successes and will provide more information.
McShane asked about the operating transfer to the budget from the Solid
Waste fund. Paus stated kids pick up litter on the weekend. Road litter pickup is
an alternative to detention and a way to work off community service.
Crawford stated he liked the fact that Juvenile Administration focuses on
rehabilitation over incarceration.
ADJOURN
The meeting adjourned at 11:55 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Sam Crawford, Committee Chair
Finance and Administrative Service Committee - 2003 Budget, 10/25/02, Page 10