HomeMy WebLinkAboutBudget October 30 20011
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
WHATCOM COUNTY COUNCIL
Finance and Administrative Services Committee
PROPOSED 2002 WHATCOM COUNTY BUDGET
October 30, 2001
The meeting was called to order at 9:00 a.m. by Committee Chair Robert
Imhof in the Council Chambers, 311 Grand Avenue, Bellingham, Washington.
Present: Absent:
Marlene Dawson None
Sam Crawford
Also Present:
L. Ward Nelson
DISCUSSION OF THE COUNTY EXECUTIVE'S 2002 RECOMMENDED
BUDGET (ADMINISTRATIVE SERVICES; PUBLIC DEFENDER; SUPERIOR
COURT /CLERK; DISTRICT COURT; ADULT PROBATION; JUVENILE
PROBATION /COURT)(AB2001 -206)
ADMINISTRATIVE SERVICES
Dewey Desler, Deputy Administrator, stated the administration is doing a
major rewrite of County policies and procedures. Many staff members have been
trained. It is a multi -year effort. It is a high priority because the administration
wants clear and consistent policies. The administration implemented standardized
contract information, so they now have consistency in contract language, which
protects the County and clarifies the work. They are making some progress in
developing the way they approach grants and attract and account for grant work.
In the Facilities Management Division, they are making better use of the Civic
Center annex at a low cost. The Public Works Department has moved into the
bottom two floors of the building. They are finishing putting the drug court
operations, the juvenile community justice center, and the public defenders who
are working on the Kinney case into the building.
The County made progress in conserving power. The County saved 14
percent in January, 25 percent in February, 31 percent in March, and 33 percent in
April. They are far surpassing the Governor's mandate, and will continue to work
on that.
The Division has started a master planning process. The Council will see
recommendations in December on a team of people to look at development of a
master plan for all properties. They have started a very deliberate preventative
maintenance program, and expect to see a savings of thousands of dollars. The
idea is to fix problems before they break and have to replace equipment.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
They established a building recovery fund. Full implementation will be in
2003. They started the fund in 2001. They expect to see the fund work like the
Equipment Rent and Revolve (ER &R) or Technology Rent and Revolve (TR &R)
funds. They would properly maintain and replace equipment on a schedule that
allows them to even out the expenses and properly manage extensive building and
mechanical systems.
In the Finance Division, Whatcom County has obtained Certificate of
Achievement for Excellence in Financial Reporting. Accounting has surpassed
certain standards. They are one of three counties in the state to earn the
Distinguished Budget Presentation Award for the 2001 budget. That budget
received statewide attention, and is recommended as a model by the Association of
County Officials. Whatcom County received its audit report for 2000, and there
were no audit findings. For the first time, they have had no audit findings, which is
unusual in a government this size.
They have finished the application of a graphical user interface for the
financial systems, which allows managers to pull financial information out of the
systems.
In the Human Resources Division, they have expanded the available training
to all staff in the County. They are focusing on regular monthly training for
supervisors. They are working on bargaining agreements with ferry workers and
the Deputy Sheriff's Guild. They resolved over 100 major labor negotiations this
year. They continue to work on recruitment and selection for law and justice
employees and key department leaders. There have been improvements in
personal management. There is a new employee -paid long -term disability
insurance for some employees. There were no findings in the audit for self- insured
medical plan from the State Department of Risk Management. They are further
applying the strengths in the computer systems and web page to some of the
recruiting activities.
In the Information Systems Division, they have been implementing over the
last ten years one of the most sophisticated systems for people to collect, process,
and distribute information in an efficient manner, without being risky. The County
has a robust webpage with many reports and a lot of information. There are
connections to many information systems through that webpage. The division has
done an excellent job with limited staff. Recently, they developed an online
registration system for training classes for all County staff. The Facilities
Management Division has implemented a facilities work order system. They are
replacing all the current wiring infrastructure in County government. Last year, the
Council authorized initiation of a three -year project to improve wiring, which will
increase access and transfer speeds from 16 mb /sec to 100 mb /sec. They can
schedule this for completion for everyone in early 2002.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Everyone is pleased at the operational capabilities of the system. The
downtime experienced is far less than on other computer systems. They are
making progress in microfilming and the backlog of records.
Imhof stated there is a large increase in the budget for health insurance.
Crawford stated the Administrative Services budget, in volume II, page 5,
shows a 36 percent increase in two years, from $8 million to $11 million. He asked
what that is for. Desler stated health insurance increases have been extensive.
The County has not adding staff. The division will have one less staff member next
year.
Crawford asked how the administrative services fund works, as opposed to
the General fund. Desler stated all operations will contribute to certain key issues,
such as health insurance, facilities, and buildings. Those costs are distributed to all
departments based on a formula. The self- insurance component of the
administrative services fund is done by transfer to properly capture expenses to all
departments. They have multiple funding sources, and have to justify the expenses
to the departments.
Crawford asked if some of the benefit is being paid into the administrative
services fund, and then expended. Desler stated it is. Adding up the
administrative services fund and general fund would double account for the same
money. The funds are initially allocated from the general fund, then they transfer
the cost based on the cost of serving the department.
Crawford asked the total amount expended for all health insurance expenses.
Brad Bennett, Finance Division Manager, stated the Teamsters master
agreement specifies those employees buying the Teamster's insurance. Everyone
else is on the self- insured program. The amount in the administrative services fund
includes everything except the Teamster's master agreement.
Imhof stated there was a request for web designer. He asked the process for
doing the webpage now. Desler stated they have a fulltime employee now. This
was a request for an additional person. The County is going to more actively use
the efficiencies with the Information Services Division. The County has not had to
address the increasing demands from the public by adding additional staff, because
it uses more effective information systems.
Imhof stated the Council packet information should come electronically from
the departments, so it can be put on the webpage without having to scan in. There
should be a mechanism that is easier to get the packet on the webpage. Desler
stated they could explore that with the Council staff. The information will have to
be scanned at some point. Contracts can be done electronically.
Imhof suggested that the administration begin to move toward a template
for the packet so things come in a form that every department understands. That
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
can be done electronically. They generate too much paper and there is too much
time consumption. Desler stated the administration made a lot of progress in
transferring material and information. The budget process is built around people
going online to fill out the information, which is then transferred to the Executive's
Office.
Nelson stated one of his goals is to use the computer to get the Council
packet and transfer other information. The Council packet takes so long to
download that it is impractical to use.
Nelson asked if the packet could be done on a zip drive.
George Reid, Information Services Manager, stated it could. He is working
on virtual private network that would let the Council get the packet off the network.
The public will not have access to it.
Crawford stated they will not gain a lot from using a zip drive for the packet.
Nelson stated last year they talked about boilerplate contracts regarding
union negotiations. He asked if that was accomplished. Desler stated they are
involved in that now with five unions.
Nelson asked if they are still working on the capital facilities planning. He
asked if there is a goal or objective for completion. Desler stated the goal for
completion is ten months from now. It depends on the speed the Council works on
it. There may need to be more public interaction on some issues. The
administration wants to feel comfortable with the level of public interaction.
Nelson asked about the implementation of organization -wide accounts
receivable. Bennett stated the system is running now. They are hoping to have a
full set of policies and procedures late this year, but the major accounts receivable
activities using the system is in the Health Department. It will be available to
everyone soon.
Nelson asked what they accomplished in 2001. Desler stated the 2002
budget materials include a report for each 2001 objective. He will submit to
Council.
Crawford asked how they anticipate the budget for next year since they are
in the middle of a labor negotiation. He asked if the administration is giving its best
shot. Desler stated they try to follow the Council guidelines from June. Revenues
are stable and sagging. When they follow the Council's direction, they ended up
with $3,000 left in the budget. It will be a challenge to address any wage or benefit
enhancements. He is committed to working with the Council to address all that.
Crawford stated most businesses have opted to have employee participation
for health benefits. Most businesses cannot absorb large health insurance
increases. He asked if the door is closed to the option of having the employee pay
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 4
1 a portion of his or her health insurance. Desler stated that with all the labor
2 agreements, they have agreements that end at the end of 2001 or continue to a
3 multi -year arrangement. In the case of those agreements, the County is obligated
4 under State law to continue for a year the requirements of the existing agreements.
5 They can make no unilateral adjustments for those negotiations. The
6 administration is seeking in the coming weeks and months ways to contain the cost
7 of health insurance. Half of the employees are in the Teamsters fund, and half are
8 in the self- insurance fund. The largest increases have occurred in the self -
9 insurance fund.
10
11 Nelson stated the Human Resources Division objectives haven't changed any.
12 They talked last year about reevaluating positions and strengthening County
13 management and operations through organizational opportunities. He's been
14 hearing about the pay scales, department structures, and morale. He asked what
15 types of things will happen next year to enhance, retain, and maintain employees,
16 given the budget constraints and with the revenue picture. Desler stated they want
17 to maintain morale. One of the key objectives is to show a great deal of respect
18 and care for the employees, including using good communication. Offer to
19 communicate with employees in all the ways that the administration and the
20 employee would like.
21
22 Nelson asked what the goal means to strengthen County management and
23 operations through organizational development opportunities.
24
25 Karen Goens, Human Resources Manager, stated key leader vacancies
26 provide an opportunity to look at the management and organizational structure. As
27 changes occur in the organization, they will work with the department to determine
28 whether they have organized the management structure in the best way possible.
29 Recently the district court probation director left the organization. They took that
30 opportunity to reorganize the leadership to make the department stronger.
31
32 Nelson asked if there are resources to look at the department structure as a
33 whole. Goens stated that as they work toward the operations in terms of
34 outcomes, they are trying to do that. They look at it from the Human Resources
35 standpoint, but it has impacts on the products that people get in the community.
36
37 Crawford questioned where the Administrative Services ASR's come from.
38 Desler stated they come through him.
39
40 Crawford asked how Mr. Desler determines which ASR's are approved.
41 Desler stated he asks his managers to put together their ASR's, and he goes
42 through them. For instance, they need to address the facilities management
43 issues, but can't do it all in one year.
44
45
46 PUBLIC DEFENDER
47
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
John Ostlund, Public Defender, stated this has not been a sterling year for
him. It has been characterized by chaos. Two attorneys went on family medical
leave for almost six months total. The Kinney case came along in March. He was
able to get temporary help to work on that case by June. A felony attorney is
leaving his office, so he is short personnel again. He has not done very well on
meeting the objectives for 2001. One objective was to reduce caseloads towards
national standards. They added an attorney, which should have helped. It has
helped in a way. The criminal caseloads have been down by about 200 cases this
year. On the other hand, the juvenile civil caseload has gone crazy, to about
double this year. He took an attorney from adult felonies and put that attorney half
time on juvenile civil to work on Becca Bill cases. They are still not doing well on
the national standards. In adult felonies, they have 220 cases per attorney per
year. The standard is 150 cases per year. The juvenile criminal caseload is about
368 cases per attorney, per year. The standard caseload is 225. In District Court,
the caseload is 500 cases per year. The standard is 300. These numbers don't
include the 1,500 to 1,600 probation cases they have to handle. Statewide, there
is an effort to have a different way of looking at work effort, by a case waiting
system, which takes a lot of work to establish. King County is doing it now. Rather
than make his attorney's keep detailed statistics on their cases, he would see what
King County does and get their figures.
Drug courts are good and bad. The County received a fairly large grant to
fully implement an adult drug court. The thought was to increase the drug court
cases to 70 participants. Unfortunately, the grant did not include money for his
office or Mr. McEachran's office for support. These cases stay with them for a year
and a half, when new cases come in. They take a lot of time, and they weren't
allocating anything to it. He met with the drug court people and created a
maximum of 50 participants that he or Mr. McEachran can support. That is 25
percent of one full -time equivalent (FTE) attorney position in his office and the
Prosecuting Attorney's office. He is planning to implement a juvenile drug court
next year. He is worried about the same issue of support. In the juvenile civil
area, the State Department of Social and Health Services (DSHS), the Attorney
General's (AG) office, and the court commissioners are trying to start a dependency
drug court this year. He supports the idea, but doesn't know how to find the
resources for support. He can't sign off on any grant applications unless the grant
can support his efforts.
Dawson stated a benefit of an adult going through the drug court is that the
person does not have a felony record. That wouldn't affect juveniles. Ostlund
stated he didn't know what the juvenile drug court would look like. They are still
working on the planning grant.
(Clerk's Note: End of tape one, side A)
Ostlund continued to state that he assumed it would be a pre - adjudicatory
drug court. If the person successfully participates, the pending criminal charges
would be dismissed. The planning grant is supposed to formulate what it will look
like.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 6
1
2 The first additional services request is regarding the Kinney case. He is
3 going to present a mitigation package to the Prosecuting Attorney's office. He's
4 been working on it for the last six months with the hope that the prosecutor will not
5 seek the death penalty. If that happens, and they do not seek the death penalty,
6 then the Kinney case will resolve rapidly. Hopefully most of the money they are
7 asking for won't be needed. Most of the money requested is for space needs.
8 Whether or not Kinney goes, his staff in the Civic Center can't be brought back into
9 his office. There is still is a space requirement. The Executive approved one - fourth
10 of what he asked for, with the thought that he would come back if the Kinney case
11 goes on to update requests on a continual basis. That is reasonable. If the
12 prosecutor files a death notice, he will spend a lot of money very rapidly because of
13 the demands the court will place on him in trying to get a trial date this spring. He
14 will know the status of the Kinney case in December. They will have to deal with it
15 as they go.
16
17 The other major ASR was for an attorney position that went to law and
18 justice. The number of criminal cases have decreased. However, the attorneys
19 can't be spread around. They have to appear in front of different courts with
20 different time schedules. He did move his adult felony attorneys to other areas.
21 Also, a District Court attorney works on half of an adult felony caseload. The
22 caseloads are well above standards.
23
24 Another ASR includes extra money for professional services for expert
25 witnesses. It is difficult to forecast those costs. He may have to ask for a
26 supplemental budget request for this year. He has no problems with doing that.
27 The other ASR's are minor.
28
29 Crawford asked if the upper floors of the Civic Center are going to be
30 required indefinitely, rather than just for the Kinney Case. Desler stated the major
31 justification to place the Public Defender staff in the Civic Center was for space for
32 the Kinney case. Mr. Ostlund felt he needed space for other staff. The
33 administration simply assigns a certain amount of space, but not where they will
34 go.
35
36 Imhof questioned why the staff can't go back to where they were originally if
37 the Kinney case goes away. Ostlund stated two positions were not there
38 previously, an attorney and a secretary. This isn't a new requirement. Those
39 people are here, and he doesn't have space for them.
40
41 Desler stated staff was added earlier this year in the law and justice
42 departments. They are trying to fit those people into a limited allocation of space.
43 Part of the justification to move the Kinney case staff was because the Public
44 Defender's office didn't have room for the added staff. On the second floor, the
45 Prosecutor's library space has been converted to office space. The administration
46 would like to convert the fifth floor space to three conference rooms, which can be
47 used collectively by the government organization.
48
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 7
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Nelson stated capital crimes are a burden on the current expense fund. He
asked if there is another method to reserve money or protect the department from
these types of criminal prosecution and defense cases. Ostlund stated the only
protection is the statute which allows the County to request reimbursement from
the state legislature. He is keeping detailed records of the expenses. If expense
reimbursement is granted, it would be for the costs of the public defender, sheriff,
jail, prosecutor, and court costs. He expected to get reimbursed.
Nelson stated previous objectives are not different from current objectives.
He asked if some of the goals and objectives are too extensive. Ostlund stated he
previously wrote boilerplate objectives. However, last year he listed things he
wanted to accomplish. It was maybe too ambitious given the circumstances this
year. Community outreach is very important to look for resources to get help from
the community for the clients. He is doing a bit in the health area with triage of
mental health. That is an important objective. He is disappointed to have not done
anything with it. He wants to carry that objective over to next year. Caseload is
important statewide. He is working with the administration to look at grants. The
grants are offered with very short timeframe and detailed requirements.
SUPERIOR COURT /CLERK
N.F. Jackson, Superior Court Clerk, stated a 2001 objective was to maintain
the status quo, and continue with managing cases so they can be resolved prior to
trial in a non - judicial manner. That remains extremely effective in the domestic
relations area. The domestic trial rate is down to 46 percent, through innovative
ways of mandating mediation and settlement conferences. He hoped to expand
that to the civil arena. The Law and Justice Council recommended a position to
implement that beginning in 2002. He had to withdraw that suggestion. They will
not be able to go into the civil area. The primary focus has been on the drug court.
In 2001, they were awarded a total of $1.273 million for the drug court. There are
three different funding streams. There was difficulty in staffing the drug court, so
they capped the participant level to look for other ways to meet their needs without
seriously reducing the program. The program is effective because of intensive case
management, frequent contact, and hundreds of random urinalysis (UA) tests.
They wished they had realized the staffing problem. There may be some savings in
the budget by capping the treatment at 50 participants. Treatment costs are
figured for 65 people. Theoretically, they can save some treatment dollars, and
may be able to still look at it.
The objectives for 2002 do not include the differentiated case management.
That position relates to the executive assistant position that was not approved. It
is a significant effort to educate the bar and the bench on management of cases
and assessing cases at the time of filing. One applies case event timelines. They
can't do that without some administrative assistance in the department. Because
he didn't get the administrative assistant, it is unrealistic to implement this
program.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 8
1 A second goal is to seek and identify greater assistance to pro se litigants.
2 Mr. Desler alluded to the fact that in 2001, they doubled the number of family law
3 facilitators from one person to two. They are within days of completing a remodel
4 of existing space on the fifth floor. That office sees 5,000 to 6,000 people per year
5 who do their own divorces and support modifications. They are going to double
6 that service to serve 10,000 to 12,000 people. They are also looking at innovative
7 ways to do that, including installing waiting room computers with a download of
8 statewide domestic relations pleading forms. They would staff that project with
9 work study students from the community college at $2.50 per hour. For the drug
10 court, they hope to add the federal grant that provides for a third case manager.
11 By capping the number of clients, they are not going to obtain what they'd hoped to
12 do.
13
14 They are in the process, through the Law and Justice Council, to evaluate a
15 variety of specialty courts. The dependency court is one that is being set up and
16 supported by the DSHS and AG at little or no cost to the County. The County will
17 only provide a presiding judge. They also participate in a grant to pull together all
18 domestic violence coordinators in the county, and design a coordinated way of
19 dealing with domestic violence, including treatment reporting, compliance
20 monitoring, and batterer's assessment. This collaborative effort will come together
21 under the auspices of the Law and Justice Council and Domestic Violence
22 Commission. The City and County are contributing to a forum scheduled for
23 January. The grant would have a designed plan throughout the year.
24
25 They would like to address a mental health court to get those suffering from
26 mental illness out of the system.
27
28 Dawson asked if there are examples of the mental health court. Jackson
29 stated there are numerous successful mental health courts in the nation. Success
30 for these specialty courts is about case management and frequency of contact,
31 similar to the offender model.
32
33 Dawson asked the costs. Jackson stated they have not quantified the costs
34 yet. They are still looking at it. It is not a part of this budget cycle. It is probable
35 that there is planning and implementation grant money available. He has no
36 administrative assistance to help do that research. They commissioned some of the
37 research with an intern, but it hasn't been completed.
38
39 One of the ASR's is for projected shortfalls in the conflict contract. The
40 Executive's recommended budget is about $15,000 short of what they think they
41 will need. The ASR for pro tem commissioners is about $12,000 short of what they
42 think they will need. It is to cover the full -time commissioners when they are on
43 vacation, sick, at training, or at judicial conferences. The alternative is to cancel
44 court. However, because of the nature of the cases they handle, they can't cancel
45 court. They would have to take a judge away from a trial. He asked the court to
46 provide direction on limiting the training they receive to keep them on the bench
47 more. They are committed to looking at how they are doing on a quarterly basis.
48
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 9
1 The interpreters cost is $1,500 short of where they think they need to be.
2 The courts have no choice. They have to provide interpreters for non - English
3 speaking people. The rates are not negotiable. They looked at and will look at a
4 County employed interpreter. There are nine courtrooms in this building. Having
5 someone who is flexible to cover half the courtrooms at a given time is difficult.
6
7 The juror fee increase is a at no cost to the County. The State legislature
8 has appropriated money to increase the per diem cost from $10 to $25 for the
9 second and succeeding days. They are going to make sure the legislature has
10 really got the money squirreled away before asking the Council to change the
11 ordinance.
12
13 The conflict contract is for attorneys with a conflict of interest with the public
14 defender. The amount approved is $15,000 short of what they think it will cost.
15 He is talking to the administration about monitoring this closely. They just
16 advertised for bids for conflict services. Seventeen attorneys are now on call to
17 take cases. The last three were hired from Skagit County because there were no
18 more available in Whatcom County. An innovative way to avoid that would be to
19 establish a second, stand -alone public defender or try to get someone at a lesser
20 rate.
21
22 The guardian ad litem contract is almost $25,000 short of what it will take,
23 based on mid -year projections. He doesn't know what to do about that. The
24 change in filing policies was thought to quadruple, but those cases have merely
25 doubled. That is a significant portion of the costs. Two primary alternatives are
26 using the Court Appointed Special Advocates (CASA) program, which is a volunteer
27 program, or to use staff guardians ad litem (GAL) at a reduced cost. The cost of
28 the CASA program is not free. It takes coordination and training and support to do
29 those things. They have commissioned a current analysis of the program. He has
30 been doing that about every two years for ten years to get a fresh look at the CASA
31 program. There are no new CASA programs in the State of Washington in the last
32 five years. None of them are adequately serving dependency cases. They are all
33 spending more dollars in conflict guardians ad litem. The benefit does not seem to
34 be there. Only one county in the state has court appointed guardians ad litem. He
35 will analyze the unit cost of that. Right now, they are paying guardians ad litem
36 $50 per hour. Perhaps an employee can do it for less.
37
38 The drug court budget was approved. This would put up a third case
39 manager. They decided to cap the client load for the time being.
40
41 Crawford asked if the grant is part of the intergovernmental revenue. Desler
42 stated it is.
43
44 Crawford asked if the $294,000 is part of the $593,000. Jackson stated that
45 of the $294,000, $100,000 is a reimbursable grant from the High Intensity Drug
46 Traffic Act (HIDTA), $110,000 is from the Byrne grant, and the balance is from the
47 Office of Justice Programs (OJP) grant.
48
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 10
1 Jackson continued to state that they asked for a few more ASR's, including
2 the courtroom sound system, which was a request for the system he believed would
3 have to be paid from his budget instead of the Facilities Management budget. It
4 will be paid for by the Facilities Management budget. The executive assistant is
5 administrative assistance for superior court. He is the only organization that
6 doesn't have that position. He hopes to use that position to do all the grant
7 accounting. It is considerable. They are paying judges to type envelopes. There is
8 no secretary position. Regarding the case manager, they can't implement that new
9 protocol without some assistance. He pulled that item for that reason. They will
10 make do with the office supplies budget. They are in the fourth week of a four -
11 month jury trial. The trial requires fulltime jurors and bailiffs. The budget is
12 inadequate to pay them. On the class action suit against DSHS to rewrite the
13 State's foster care program, they expected to spend $26,000. The bailiff costs
14 could be associated with the Kinney case. If Kinney doesn't go, then they don't
15 need the money. If Kinney does go, there will be add -on costs to add to the State
16 for reimbursement, including costs for bailiffs, jurors, and the court reporter cost.
17 Last time they did that was on the Elmore case, in which transcript alone cost
18 $10,000.
19
20 Desler stated the administration will wait until the prosecuting attorney
21 makes the decision on the death penalty for the Kinney case, and then lay out a
22 coordinated plan for how to address the Kinney case for all the affected
23 departments, and then come back to the Council.
24
25 Jackson stated he is not incurring expenses on the Kinney case until it comes
26 to court. The court digital recording server request was pulled. The infrastructure
27 is not in place.
28
29 Imhof asked if any unapproved ASR's are necessary. Jackson stated an
30 executive assistant is necessary. It is an expensive item, and there is no money.
31 The ability to research and implement innovative things can't be done using
32 existing staff. They could better interact with the entire Law and Justice Council
33 and system with the assistant position. Now, he has found himself unable to
34 participate.
35
36 Imhof asked if there is some other existing position in the department that is
37 a lower priority. Jackson stated there is not.
38
39 (Clerk's Note: The committee took a five - minute break at 10:35 a.m.)
40
41
42 DISTRICT COURT
43
44 Bruce Van Glubt, District Court Administrator, stated the general goal is a
45 customer service focus. It is an ongoing process. Staff receives the training that
46 the Human Services Division provides. Customer service is at a high level. He
47 rarely gets a customer service complaint.
48
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 11
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
(Clerk's Note End of tape one, side B.)
Van Glubt continued to state that significant changes include how they set up
time payment agreements with defendants, how bail is applied to court costs, the
collections procedures, and their relationship with the collection agency. His
measurement for success or failure in those changes was the probation fees
collected. The reason he selected that as the most likely source of good
information is because probation fees are 100 percent local revenue, there is no
split with the state. The other reason is that is the first thing that is applied when a
defendant makes a payment to the courts. That is the number one priority that
gets paid off. They've seen success. Probation fees increased 11 percent over last
year. Last year, they broke $500,000 for the first time. They are on track to bring
in $554,000 just in probation fees alone. That is money they keep locally in
Whatcom County. That shows that the changes they made impacted the money
they collect.
They are on track with collections for the court to bring in 99.6 percent of
projected revenue. That is a 2.5 percent increase over 2000 revenues. Another
success is that the Council approved a new court clerk position. There has been a
huge increase in civil filings over the last four to five years. They have made some
significant changes in how they serve the public. They are making progress, even
with the person only being in the position for seven to eight months. The person is
still in a training process. This isn't simply processing of paperwork. The public will
see improved service when they file papers in court. There will be positive impacts
on the public and how well they are served.
Another success is the jury coordinator position, which is housed in District
Court. The case involving the foster care system is a huge project. They pulled in
2,000 prospective jurors. They were able to provide the court with an adequate
pool of jurors, and they were able to do it without having to add extra help.
Another success is the increase in the number of volunteer individuals and
hours. They've increased the number of tasks that the volunteers can complete.
They are using volunteers more with the jury coordinator position and the calendar
clerk. That is another way they can stretch their resources.
Under goal two, they continue to look at methods to determine whether
efficiencies can be realized without reducing services or affecting other
departments. This is something they are looking at in their accounting areas and
civil department specifically. It is an ongoing process. He hopes to have more
specific information as time goes on.
The challenges that he will face include only a 2.5 percent increase in
revenues over 2000. In 1999 and 2000, he saw increases over previous years of 7
percent or more. In 1998, when Bellingham took its cases back, they were only
down one percent. In 1997, they saw an 11 percent increase in revenue. They
have had historically strong increases. In September, they saw a revenue drop of
11 percent. It is not unusual to see one month of revenues that will make an
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
increase or decrease greater than normal. His concern about that is if it is an
impact of the local economy and layoffs. He hopes it is a fluke. For them to be
well on track, they need two average months and one good month.
Another challenge is in the civil arena. Jurisdictional limits for small claims
have been raised from $2,500 to $4,000. For civil cases, the jurisdictional limits
have been raised from $35,000 to $50,000. This will be an increase in cases filed,
and those cases are more complicated. The greater the value of the claim, the
more complex.
Crawford asked if the revenue is from the state fund revenue. Van Glubt
stated it is revenue from fines from defendants.
Crawford asked why the revenue is down. Van Glubt stated that if the
economy is bad, people will ignore the court. There are systems in place to
attempt collection, prior to going to a collection agency.
Dawson asked the cost of collection. Van Glubt stated the collection agency
adds interest and service fees to the fine. The County gets 100 percent of the fine,
plus 50 percent of the interest.
Imhof stated all the ASR's were approved. Van Glubt stated they were. He
has no issue with what was approved.
Imhof complimented Van Glubt on his effective presentation.
ADULT PROBATION
Van Glubt stated the biggest challenge has been replacing Fred Thompson,
and looking at what's been done for 30 years to see if things can be updated. They
have had some specific successes. The Law and Justice Council is funding a
domestic violence unit for District Court Probation. The clerical staff was hired and
is in the process of training. The first of two probation officers has also been hired
and is in training. He hopes to have the first phase ready by the middle of February
so they can begin to identify the defendants most appropriate for a specialized
domestic violence caseload. They have begun training a special domestic violence
volunteer. The challenge for this program is to try and come up with what will
measure success, in terms of statistics, referrals, and recidivism rates. He has a
number of months to work on that. He doesn't want to have a probation officer or
two that doesn't do anything differently than with the general population of
probationers. Establish a program unique to Whatcom County focused on victim
safety issues.
He is also looking at restructuring how they supervise clients. Mr. Thompson
had a specialized caseload objective in terms of level of risk. The domestic violence
officer supervises individuals based on their offense type. They've never done that
before. He put into place specialized caseloads based on level of risk. One is a
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
pretrial caseload, and the other is the minimum caseload. The second group is
minimum supervision. One officer has 800 of the easiest cases. It monitors
paperwork and treatment reports. If they require more intense attention, they
would go back to a standard probation officer's caseload. He is taking a look to see
if that works for the department. It looks good. They need to see whether the
implementation is working as well as they'd hoped it would.
Imhof stated most ASR's were approved. Van Glubt stated he hopes to work
with the overtime reduction from $6,500 to $1,000 for District Court Probation. In
the past, officers worked on contract time, which 37.5 hours of documented work,
plus 2.5 flexible hours for meetings and other time. They haven't had to pay any
overtime. The contract time is scheduled to end at the end of this year, and
probation officers are going to 40 -hour weeks. That means that if a judge orders
that something be done immediately at 4:00 p.m. on a Friday, the officer will have
to work overtime. He is meeting with Human Resources to develop policies on how
to control overtime.
JUVENILE PROBATION /COURT
Steve Paus, Juvenile Court Administrator, discussed the progress on the
2001 goals. The first goal was to implement efficiencies in the court process. The
creation of the intake court services unit is working well. One goal was to not allow
probation officers to be idle in court, but be in the schools in the community. That
has happened. Two positions are in court all the time. Probation officers are in
court when they need to testify.
The second goal is better services to clients. Clients are the offenders,
schools, families, and the community. They implemented a case management
versus community supervision model. They've redefined accountability to be how
the offenders are performing in school, how the family functions, and to introduce
the defenders to pro - social activities or skills to keep them from the court system.
It is a time - consuming model that is working well. The State of Washington
implemented a statewide risk needs assessment project. Every juvenile is given
the same risk assessment. He hopes that this program will assist in making better
case plans, and allow him to measure success at case plans and better design
intervention programs.
He took the low -risk caseload and case - banked them. Case - banking means
that there is a short form risk assessment right out of court. If a youth has a fairly
together family, no school problems, and no mental health or drug and alcohol
issues, then he or she is considered a low risk. They put all of those youth in one
caseload. It reduced the average caseload to about 35 cases. The probation officer
that handles the low -risk caseload meets with the family and reintroduces the
family into the court plan. One problem with the juvenile court system is that it
alienates the parents from the system. The parent has no voice in court. With low
risk offenders, they are trying to bring the family in and help monitor the kid's
length of probation. This is a good thing to do. They are going to see good results.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 14
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
Another goal was better service to the community. About two years ago,
they adopted community justice principles that consider the victim and the
community as much the customer as the offender. In doing that, the probation
officers spend time in schools and in homes. They collaborate with community
members. It makes sense because the old model didn't work well. They cannot
expect the court or detention to change behavior if nothing else is done.
They are also moving to provide better performance standards in
measurement of effectiveness in programs, interventions, and employee
productivity. Next year, they will implement a statewide juvenile technological
system. The system will monitor the child's performance on the risk assessment
and the performance of employee and how they are doing to address principles
they've developed in the courts.
In 2001, the best thing that came along was the Law and Justice Council
proposal. The juvenile subcommittee of the Law and Justice Council recommended
funding five proposals that affected juvenile court. Four proposals came from his
office, and one from the private sector. Total dollars for those projects were
$514,445. At the same time that money came forward, they suffered huge losses
in state revenue statewide. They lost $280,500 in revenue. The Community
Commitment program, a state funded fee for service for youth to remain in the
community, was eliminated. They used to have a contract for six beds for that
program. The County used to receive that money for serving the youth to purchase
a lot of services in detention and for probation officers.
Crawford asked what precipitated the cutback. Paus stated fall in juvenile
institution population. Those monies come from the Juvenile Rehabilitation
Administration (IRA), which is a part of DSHS. It is also a part of the State
institutional system. Their budget is divided between community programs and
state institutions. When institution populations go down, they need extra money to
fund the state institutions. The money is taken from the community programs.
Juvenile court administrators statewide are asking for a study of whether it makes
sense for the money to come from IRA or another department.
Paus stated the Becca Bill started with great promise for the plight of at -risk
youth and street children. The State added truancies as another risk factor they
felt the juvenile court should deal with. They put forth a lot of money, but only for
the court process, and not to do anything about the problem. Money in the County
is divided between Juvenile Services, Superior Court, and the Public Defender. The
last biennium, the allocation to they County was $450,000. This biennium, the
allocation is $215,000. They started with two probation officers and a fulltime
clerk. Now, they are down to just one full -time officer. If they don't do anything
about the truancy problem, except order the kids to court and to go to school, and
there is no funds available for that, then the kids are back in court on contempt,
the kids end up in detention and taking up bed space that should only be available
for public safety.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 15
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
In the 2002 budget is the core of the Law and Justice project, which is the
juvenile justice center. It is a place outside of the courthouse that can be open in
the evenings. He asked the administration to give him a bottom line, and allow him
to build a budget around the bottom line. As a result, he turned in a second budget
to the administration. The budget does include $227,566 for the juvenile justice
center, on the fourth floor of the Civic Center building. That justice center will have
a day reporting program, educational component, employment assistance, low risk
case monitoring, diversion, and a work crew. They are trying to collaborate with
the community to better serve the population. Day reporting is a safety valve on
the population inside the detention facility. Youth in the detention facility can serve
in a manner other than at the secure facility. They need a place to show up every
day. The justice center is a way to postpone or prevent the building of another
detention facility. The daily population is down to capacity, so they do not have a
lot of overtime. The center should be open in January.
The second goal is a victim service unit. He received a grant from the
Governor's Juvenile Justice Advisory Committee. That is the other project that was
funded. Clerical support for detention is not included. Detention has always been
processed by going to the fifth floor for clerical support. They need to develop
more efficiencies by providing clerical support.
An intensive mental health case management project proposal was written
by an outside source, presented to the Law and Justice Council, and approved for
funding. There is no funding in the 2002 budget for that project. That project was
designed to provide mental health intensive case management for youth that have
left the facility that need to have intensive follow up in case management, getting
them back on their medication, and getting the families to participate. Mental
health services for youth in detention was for emergent mental health services. He
asked for enough funds to provide that service throughout the year.
There was a service learning instructor position at the juvenile justice center
that they did not go forward with hiring. It was approved in the 2001
supplemental, but felt it was unfair to hire a person with the funding being
unknown. There is also a half time clerk for juvenile justice center in the same
situation. There was a case aid monitor position funded by state funds. With state
money disappearing, that person moved to a probation officer position. They did
not open that position up.
The Governor is looking to reduce the state budget by 15 percent by mid -
2002. State grants will be reduced by $82,833, which equals two positions. He is
worried about the budget direction that they are going in. He appreciates the
Council for funding the law and justice projects.
Dawson asked the percentage of juveniles that have mental health problems
that can be regulated to drugs. Paus stated 25 percent. In the institutions, it is 50
to 60 percent.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 16
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
Imhof asked if it is drug and alcohol related. Paus stated it exists. They are
seeing co- occurring disorders more and more. The amount of juvenile filings is
going down, but the seriousness of offenses is going up. If they want to do
something about the adult system, the money should be spent at this end of the
system.
Paus submitted a bar chart showing the direction the funding amount is
going (on file).
OTHER ITEMS
Dawson asked if the County received money from the Nooksack Tribe.
Desler stated the County recently deposited some money into the Sheriff's revenue
section of the budget for 2001 in the amount of $176,000. It was a one -time
contribution that Executive Kremen negotiated with the Nooksack Tribe. There is
an agreement with the State of Washington. The initial agreement was built to
cover the impacts of the Nooksack casino. The Nooksack casino fell onto hard
times, had no money, and did not follow through with the arrangement. Now, the
Nooksack Tribe is in a better position to continue to contribute. They are
developing a new arrangement with the State to pay local organizations, based on
a new formula.
Dawson asked if the County may not get any more money in the future.
Desler stated he did not seek to build the money in the budget because many of
the discussions took place after the administration delivered the 2002 budget
materials to the County Council.
Imhof questioned why the money was put into the Sheriff's Office revenue.
Desler stated it goes into the general fund and is listed against the Sheriff's
revenue section. That is where it originally was to go. It doesn't result in
additional expenditures.
Imhof stated the agreement was for additional sheriff's deputies in that area.
Desler stated the County followed through with its part of the agreement.
(Clerk's Note: End of tape two, side A.)
Desler stated he was not sure how much money the County will receive in
2002 and 2003.
Imhof asked if there is a state contract regarding the impacts of the Lummi
casino.
Dawson stated there should be a contract, according to the State's gambling
office.
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 17
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
Imhof stated the County needs to pursue that. It will have an impact on the
sheriff and potentially other places. Find out why there hasn't been some
movement to get a compact in place.
Desler stated he is not aware of a compact. Executive Kremen has been
involved with the Nooksack leaders.
Dave Wareing, Law and Justice Coordinator, stated the Lummi Nation has its
own police resources, so they argue they don't have to pay for additional Sheriff's
resources.
Crawford asked if the Gaming Commission approved the facility.
Imhof stated he did not know.
Dawson stated the mental health court issue interests her. They could
reduce the jail population and the number of calls to the Sheriff. She questioned
whether the Superior Court administrative assistant position could oversee
something like that. Desler stated there are a lot of good ideas related to various
specialty courts. All of the specialty courts involve application of new resources or
reorganizing what they are doing to apply additional time and resources to a
particular kind of court. It is important to look for new ways of doing these things.
During these economic times, they have to choose between priorities given the
limited resources.
ADJOURN
The meeting adjourned at 11:35 a.m.
Jill Nixon, Minutes Transcription
ATTEST:
Dana Brown - Davis, Council Clerk
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Robert Imhof, Committee Chair
Finance and Administrative Service Committee - 2002 Budget, 10/30/2001, Page 18