91-04 OrdinanceRECORD OF ORDINANCES
Inc
Ordinance No. 41-04 Passed , 20
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, TII~REFORE, 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, 2004. Therefore,
this ordinance shall be effective upon passage.
Passed this ~ day ofd ~,/j.(~~, 2004.
~.e~~ Cry:.;
Mayor -Presiding Officer
ATTEST:
~~
Clerk of Council
I hereby certify that copies of this
Ordinance/~ were posted in the
City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
puty Clerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway • Dublin, Ohio 43017-1006
Phone: 614-410-4400 • Fax: 614-761-4490 M e m o
CITY OF DUBLIN Jane S. Brautigam, City Manager
TO: Members of Dublin City Council
FROM: Jane S. Brautigam, City Manager
DATE: December 9, 2004
INITIATED BY: Don Colby
RE: Franklin County Public Defender Contract for Year 2004 -
Ordinance No. 91-04
SUMMARY:
Attached is the contract for Public Defender services supplied by the Franklin County Public
Defenders Commission. The contract provides for services at a cost per case of $72.50, reflecting
their increased costs and a reduced reimbursement from the State. In 2004, the total amount for
these services was $719.00, and $1,000 has been budgeted for 2005.
RECOMMENDATION:
Approve Ordinance No. 91-04 authorizing the City Manager to enter into an Agreement with the
Franklin County Public Defenders Commission for Public Defender services in the Franklin County
Municipal Court.
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street 12`"Floor Columbus, Ohio 43215
(614) 645-8980 614) 462-3194 Fax (614) 461-6470
December 3, 2004
Jane Brautigan
City Manager
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017-1006
Dear Ms. Brautigan:
The existing contract for indigent defense representation with your City is scheduled to
expire January 1, 2005.
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 2005 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 $67.00 to $72.50.
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 $102.11 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
2003 State Public Defender Commission Annual Report lists as $419.00 per case.
I would welcome the opportunity to discuss these matters with you and look forward to
hearing from you.
Res ctfull ,
Yeura R. Venters
Director
/bal
CONTRACT
This Agreement, beginning on Janu_ ary 1, 2005, 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 of the City of Dublin, which occur within the limits of Dublin,
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 filed 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 $72.50 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 shall be in full force
and effect from the date first written above through December 31, 2005,
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