AGENDA DATE: 12/4/2024
TITLE:
Title
Office of the Public Defender Memorandum of Understanding
BODY
SUBJECT/PROPOSAL/REQUEST: Request to approve the Office of the Public Defender Memorandum of Understanding.
ITEM TYPE: Consent Action Item
STAFF CONTACT(S): Richardson, Herrick, Bessette, Sumner, Bowman, Rakes
PRESENTER (S): N/A
LEGAL REVIEW: Yes
REVIEWED BY: Jeffrey B. Richardson
BACKGROUND: Virginia Code § 19.2-163.01:1 authorizes the governing body of any city or county to supplement from the funds of the city or county the compensation of public defenders or any of their deputies or employees, from the funds of the city or county.
The Albemarle County Board of Supervisors has appropriated the amount of $181,983 to supplement the salaries of the Office of Public Defender in fiscal year 2025. This funding is administered through a Memorandum of Understanding (MOU) between the County of Albemarle and the Office of Public Defender for the City of Charlottesville and the County of Albemarle. Under the terms of the existing 2016 MOU, a new agreement is required due to the retirement of the previous Public Defender.
STRATEGIC PLAN: Operational Capacity: Ensure County government’s ability to provide high quality service that achieves community priorities
DISCUSSION: The 2016 MOU between the County of Albemarle and the Office of Public Defender for the City of Charlottesville and the County of Albemarle is being updated to streamline the procedures for providing the salary supplements directly to the Virginia Indigent Defense Commission (VIDC) for the purpose of providing pay equity to the attorneys employed by the Office of the Public Defender for the City of Charlottesville and the County of Albemarle.
Currently, the Public Defender notifies the County’s Department of Finance and Budget monthly of all eligible employees and the salary supplements for their individual monthly supplemental amounts. Upon receipt of the information, the Department of Finance and Budget issues payment in the amount submitted by the Public Defender directly to each employee. Payments are made outside of the normal payroll system by check or direct deposit but are on the same schedule as regular full time County employees. This schedule, however, does not align with the regular salary schedule of the eligible Office of the Public Defender employees.
Beginning in Fiscal Year 2025, the County will provide funding to the VIDC, who will issue payment to supplement the salaries of the Office of Public Defender in accordance with its regular internal practices. This updated procedure will eliminate the County’s Department of Finance and Budget bi-weekly payroll processing and annual tax statement obligations to the Office of Public Defender and will streamline the salary supplement payment process to the Office of Public Defender’s eligible employees.
The original intent of the MOU to supplement Office of the Public Defender salaries remains unchanged. Staff worked with the Office of Public Defender and the VIDC to prepare a streamlined administrative approach under Virginia Code § 19.2-163.01, updated in July 2021.
BUDGET IMPACT: The budget for this agreement has been appropriated. This action will have no impact on the current budget.
RECOMMENDATION:
Recommendation
Staff recommends that the Board adopt the attached Resolution (Attachment B) to approve the Office of the Public Defender Memorandum of Understanding and to authorize the County Executive to sign the agreement in the current year as well as future years provided that the only modification to the agreement in subsequent years pertains to the revised appropriated budgeted amount.
ATTACHMENTS:
A - Office of the Public Defender Memorandum of Understanding
B - Resolution