139-02 Ordinance RECORD OF ORDINANCES
Da on Le al Blank Co. Form No. 0043
Ordinance No ..................139-02.........._.............._.. Passed
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE FRANKLIN COUNTY
PUBLIC DEFENDER COMMISSION FOR THE DEFENSE OF
INDIGENT DEFENDANTS, AND DECLARING AN EMERGENCY.
WHEREAS, the City of Dublin has a constitutional duty to provide some mechanism
whereby indigent defendants may obtain court-appointed counsel; and
WHEREAS, the public defender's office is willing to enter into a contract with the City
to provide defense services to indigent defendants whose cases are transferred from the
City of Dublin Mayor's Court to the Franklin County Municipal Court.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, ~ of the elected members concurring:
SECTION 1. That the City Manager is hereby authorized to execute the contract
attached hereto as Exhibit "A" with the Franklin County Public Defender Commission,
wherein said commission shall provide legal defense services to defendants whose cases
have been transferred from the City of Dublin Mayor's Court to the Franklin County
Municipal Court.
SECTION 2. That this ordinance is declared to be an emergency measure necessary for
the immediate preservation of the public peace, health, safety or welfare, and for the
further reason that the existing contract will expire on December 31, 2002. Therefore,
this ordinance shall be effective upon passage.
Passed this ~ day of 1 >~C 2J~?~, h~~ 2002
- rest mg lcer
ATTEST:
Clerk of Council
I hereby certify that copies of this
Ordinance/Resolution were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
e k of Council, Dublin, Ohio
Division of Court Services
6565 Commerce Parkway Dublin, OH 43017
Phone: 614-410-4920 • Fax: 614-410-4490
CITY OF Dl1BLIN
Memo
To: Members of the Dublin City Council
From: Jane S. Brautigam, City Manager ~o,,,,,,,~,,5, ~
Date: November 25, 2002
Initiated By: Donald W. Colby, Director of Court Services
Re: Ordinance for approval of Franklin County Public Defender Contract
Summary:
This is a yearly contract for services for the Franklin County Public Defender (FCPD). The FCPD provides legal
services for defendants in Franklin County Municipal Court who are qualified according to their criteria. This contract
has no changes from the contract executed in 2002 other than the price has increased from $61.75 per case to $67.00
per case. This is a minor increase in the fee and shouldn't have a large effect on the budget item for 2003.
Recommendation:
Staff recommends adoption of Ordinance No.139-02 on first reading.
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street 12`t' Floor Columbus, Ohio 43215
(614) 645-8980 614) 462-3194 Fax (614) 461-6470
November ? 9, 2002
Honorable Charles Kranstuber
Mayor
City of Dublin
6565 Commerce Parkway
Dublin, Ohio 43017-3221
Dear Mr. Mayor:
The existing contract for indigent defense representation with your City is scheduled to
expire January 1, 2003.
In order to allow you and our office time to analyze the impact of increased costs on our
respective budgets, I would like to negotiate the new 2003 contract as soon as practical.
In light of increasing costs and reduced reimbursement from the State Public Defender,
we are forced to request an increase in the cost to you per case from $61.75 to $67.00.
The total amount charged per case includes a reduction in cost based upon an anticipated
amount received for state reimbursement. Our actual cost per case efficiency rate is
approximately $95.00 per case. Even with the proposed increase, the total cost assessed
will continue to result in a substantial savings over the cost of assigned counsel which the
State Public Defender Office projects at $371.00 per case.
I would welcome the opportunity to discuss these matters with you and look forward to
hearing from you.
Respectfully,
Yeura R. Venters
Director
/bal
CONTRACT
This Agreement, beginning on January 1, 2003, by and between the
Franklin County Public Defender Commission, pursuant to Ohio Rev. Code,
section 120.14(E), and the City of Dublin, for the defense of indigent
defendants before the Franklin County Municipal Court; the parties agree
as follows:
The Franklin County Public Defender Commission hereby agrees to
represent, through the personnel employed by the Franklin County Public
Defender Commission, all indigent persons, coming before the Franklin
County Municipal Court, Criminal Division, charged with a violation of an
ordinance cf the City of Dublin, which occur within the limits of D~blir.,
Ohio; provided that the Franklin County Public Defender Commission,
reserves the right to decline representation if a conflict of interest
exists in any specific case files in or coming before the Franklin County
Municipal Court; and, provided further, that the Mayor of Dublin, Ohio,
reserves the right to appoint other counsel to represent defendants
charged with a violation of an ordinance of Dublin, Ohio, or traffic
and/or criminal statutes of the State of Ohio, which occur within the
jurisdictional limits of Dublin, Ohio in any specific case filed in or
coming before the Franklin County Municipal Court.
The City of Dublin agrees to pay the sum of $67.00 per case. Said
sum due to be stated by invoice from the Franklin County Public Defender
at quarterly intervals. Checks or warrants should be made payable to the
Columbus City Treasurer - Public Defender Service.
This contract may be terminated by either party at any time before
the expiration of the contract, by giving thirty (30) days written notice
to the other party, of its intention to terminate.
The parties further agree that this Contract shallbe in full force
and effect from the date first written above through December 31, 2003,
unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this
day of
City of Dublin
BY:
City Manager of Dublin
Franklin County Public Defender Commission
BY:
Richard F. Swope
Chairman