Resolution 011-19RECORD OF RESOLUTIONS
BARRETT BROTHERS - DAYTON, OHIO
Resolution No. 11-19
Passed
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH THE FRANKLIN
COUNTY PUBLIC DEFENDER COMMISSION FOR THE
DEFENSE OF INDIGENT DEFENDANTS
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 who are charged under the City of
Dublin Codified Ordinances for offenses that occur in the City that will be heard in
Franklin County Municipal Court, Criminal Division.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, J7
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the contract attached
hereto as Exhibit "A" with the Franklin County Public Defender Commission in order that
the Commission will provide legal defense services to defendants whose cases are
charged under the City of Dublin Codified Ordinances for offenses that occur in the City
that will be heard in Franklin County Municipal Court, Criminal Division.
Section 2. This Resolution shall be effective upon passage in accordance with Section
4.04(a) of the Revised charter.
ATTEST:
Clerk of Council
2019.
Form 6301
Office of the City Manager
5200 Emerald Parkway * Dublin OH 43017-109
iotyof Dublin Phone: 614.410.4400 * Fax: Cit
614'.410.4490 I
Too, Members of Dublin City Council
From: Dana L. McDaniel, City Mana
Date: February 19, 2019
r
lnl*tl*ated By,*, Lisa Wilson Schoning. Director of Court Services
I
Re: Resolution No. 11-19 - Authorizing the City Manager to Execute a Contract
with the Franklin County Public Defender Commission for the Defense of
Indigent Defendants
The City has a constitutional duty to provide a mechanism whereby indigent defendants may
obtain court-appointed counsel, and the Franklin County Public Defender's office is willing to
provide these services.
Attached is the 2019 contract for services from the Franklin County Public Defender Commission
at a cost per case of $81.90. This contract reflects an increase of 6.8 percent per case over the
2018 cost and is based upon an anticipated 2019 state reimbursement rate of 42 percent. The
total amount paid in 2018 for these services was $3,359.45 and $3,600.00 has been budgeted for
20194
StaN recommends adoption of Resolution No. 11-19 at the February 25,, 2019 Council meeting.
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street
(614) 645-8980
January 17, 2019
Honorable Greg Peterson
6565 Commerce Parkway
Dublin, Ohio 43017-1090
Dear Mr. Mayor:
12th Floor Columbus, Ohio 43215
(614) 525-3194 Fax (614) 461-6470
The existing contract for indigent defense representation with your city is scheduled to
expire January 1, 2019.
Enclosed please find a copy of a new contract for your review and hopefully your
signature. Based upon an analysis of our cost efficiencies for the year 2019, the charge
per case will be $81.90. The total amount charged per case is also based upon an
anticipated 2019 state reimbursement rate of 42%.
Please contact me if you have any questions concerning the above.
Respectfully,
` bura R. Venters
Director
/ag I
Enclosure
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street 12th Floor Columbus, Ohio 43215
(614) 645-8980 (614) 525-3194 Fax (614) 461-6470
CONTRACT
This Agreement, beginning on January 1. 2019, 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 $81.90 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, 2019, unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
20
Approved:
City of Dublin
BY:
City Manager
Franklin County Public Defender Commission
M
Richard F. Swope
Chairman
Timothy Young, Ohio Public Defender