04-10 ResolutionRECORD OF RESOLUTIONS
Bunk. Inc.. Fon
Resolution No. 04 -10
20
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 whose cases are transferred from the
City of Dublin Mayor's Court to the Franklin County Municipal Court.
NOW, T , ,"EFORE, BE IT RESOLVED by the Council of the City of Dublin, State
of Ohio, of the 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 have
been transferred from the City of Dublin Mayor's Court to the Franklin County
Municipal Court.
Section 2. This Resolution is effective upon passage in accordance with Section
4.04(a) of the Revised Charter.
Passed this ll -t � day of 2010.
Mayor - Pre i ' g Officer
ATTEST:
Clerk of Council
Passel
Office of the Cit Manager
5200 Emerald Parkway • Dublin, OH 43017
Phone: 614 -410 -4400 • Fax: 614- 410 -4490
CITY OF DUBLIN
To: Members of Dublin City Council
From: Terry Foegler, City Manager F�
Date: January 7, 2010
Memo
Re: Resolution No. 04 -10 - Franklin County Public Defender Contract
Summary
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 2010 contract for services from the Franklin County Public Defender
Commission at a cost per case of 565.29. This represents a decrease of S9.76 per case over
2009, and is based upon an anticipated 2010 state reimbursement rate of 35 percent. The total
amount paid in 2009 for these services was 5675.45, and S1,200 has been budgeted for 2010.
Recommendation
Staff is recommending adoption of Resolution 04 -10 at the January 11, 2009 Council meeting.
FRANKLIN COUNTY PUBLIC DEFENDER
373 South High Street 12'" Floor
(614) 645 -8980 614) 462 -3194
December 17, 2009
Honorable Marilee Chinnici - Zuercher
Mayor
City of Dublin
5200 Emerald Parkway
Dublin, OH 43017 -1090
Dear Ms. Mayor:
Columbus, Ohio 43215
Fax(614)461 -6470
The existing contract for indigent defense representation with your City is scheduled to
expire January 1, 2009.
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 2010, the cost per
case will be $65.29. The total amount charged per case is also based upon an anticipated
2010 state reimbursement rate of 35 %.
Please contact me if you have any questions concerning the above.
Respectfull ,
eura R. Venters
Director
/bal
Enclosure
CONTRACT
This Agreement, beginning on January 1 , 2010, 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 $65.29 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 , 2010,
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