Resolution 04-12RECORD OF RESOLUTIONS
Da Legal Blank, Inc.. Form No 30045
Resolution No. 04-12 Passed 20
A RESOLUTION AUTHORIZING THE CITY MANAGER
TO EXECUTE A CONTRACT WITH UNION COUNTY
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, Union County 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 Union County Municipal Court.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin,
of its elected members concurring, that:
Section 1. The City Manager is hereby authorized to execute the contract
attached hereto as Exhibit "A" with Union County in order that the County 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 Union County Municipal Court.
Section 2. This Resolution shall be effective upon passage in accordance with
Section 4.04(a) of the Revised Charter.
Passed this day of kt a7 2012.
Mayor - Presi ing Officer
ATTEST:
Clerk of Council
1 hereby certify that copies of this Ordinance/
Resolution were posted in the City of Dublin
in accordance with Section 4.12(a) of the
Revised Charter of the City of Dublin.
13 i'ty Clerk of Council, Dublin, Ohio
Office of the City Manager
5200 Emerald Parkway a Dublin, OH 43017 -1090
77tviolf Dublin Phone: 614 - 410 -4400 • Fax: 614- 410 -4490 M e m o
To: Members of Dublin City Council
From: Marsha I. Grigsby, City Manager
Date: January 19, 2012
Initiated By: Lisa Wilson, Court Administrator
Michelle Crandall, Director of Administrative Services
Re: Resolution No. 04 -12 — Union 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 Union County Public Defender's office is willing to
provide these services.
Attached is the 2012 contract for services from the Union County Public Defender Commission
at a cost per case of $64.04. This cost is based upon an anticipated 2012 state reimbursement
rate of 35 percent. In the past, Union County has provided this service at no charge, but will
now begin passing these costs on to the appropriate jurisdictions. The City's 2012 operating
budget includes $600 for these costs.
Recommendation
staff is recommending adoption of Resolution 04 -12 at the January 23, 2012 Council meeting.
AGREEMENT TO PROVIDE REPRESENTATION
TO INDIGENTS CHARGED IN THE UNION COUNTY MUNICIPAL COURT
THIS AGREEMENT is entered into between the Union County Commissioners, with a
mailing address of 233 West 6 Street, Marysville, Ohio 43040 hereinafter called the "County"
and the City of Dublin, Ohio, with a mailing address of 5200 Emerald Parkway, Dublin Ohio
43017 hereinafter called the "City."
WHEREAS, upon the condition precedent that it receives an adequate appropriation of
funds from Union County Commissioners and thereafter in accordance with the provisions of
Chapter 120 of the Ohio Revised Code, the County Commissioners have chosen an assigned
counsel defender system within Union County to represent indigent adults (which shall hereafter
mean "indigent' as defined in Section 120.05 of the Ohio Revised Code and pertinent Ohio
Administrative Code provisions) who are charged in the Union County Municipal Court with the
commission of an offense whose penalty includes a potential loss of liberty; and
WHEREAS, the City recognizes its responsibility under the laws of the State of Ohio
and the Constitution of the United States of America to provide legal counsel to the indigent
persons charged with municipal code violations involving a potential loss of liberty;
WHEREAS, Ohio Administrative Code Section 120 -1 -09 provides that the County
Commissioners may contract with a city or village for the legal representation of indigent
persons charged with violations of the ordinances of the city or village, and the Commission is
willing to expand the scope of its defense services to include indigent adults who are charged in
the Union County Municipal Court with a violation of a municipal ordinance for which the
penalty includes a potential loss of liberty.
NOW, THEREFORE, the City and County do mutually covenant and agree as follows:
1. The City agrees to pay the sum of $64.04 per case to the County, and also for and in
consideration of the County being authorized to receive and keep any and all
reimbursement, if any, it may be able to obtain from the Ohio Public Defender
Commission for such representation, the County agrees to have its Public Defender
attorneys undertake the representation of indigent adults who are charged in the Union
County Municipal Court with the commission of an offense that is a violation of a City of
Dublin Municipal Ordinance for which the penalty includes a potential loss of liberty.
Indigent status shall be determined according to the standards and guidelines established
by the Ohio Public Defender Commission and state public defender. Reimbursement by
the City for representation of indigent persons either by the contractual amount set forth
above or a fee schedule does not exceed the fee schedule in effect and adopted by the
Union County Commissioners.
2. In accordance with O.A.C. 120- 1- 09(B), the term of this Agreement shall be one (1) year,
from January 1, 2011 to December 31, 2011, and may be renewed for additional one year
terms. This Agreement may be renewed for additional one year terms upon proper
resolution consenting of each party agreeing to the one year extension and conditioned on
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proper appropriation of funding by the respective party's legislative authority. If this
Agreement is to be renewed, or changed to a multiple year contract, in compliance with
O.A.C. 120 -1 -09 an annual resolution of acceptance by both parties and an annual
appropriation of funding from the City shall be filed with the Ohio Public Defender
before the contract can qualify for reimbursement.
3. The compensation set forth in Section 1 above represents all of the compensation the
County shall receive from the City for the Public Defender office providing professional
legal services under this Agreement for indigent adults charged with a municipal code
violation in the Union County Municipal Court and does not on a per case basis exceed
the amount established by County resolution pursuant to O.R.C. 120.33.
4. Assigned counsel shall be paid by the County at the hourly rates and caps approved by
Union County Commissioners. The County Auditor shall bill the city monthly for these
assigned counsel costs in municipal code violation cases and the City shall promptly
reimburse the County within 10 days for the cost of such assigned counsel representation.
5. The City and the Court will cooperate with the Commission to enable the Commission to
keep accurate, complete, and current records enabling the Commission to seek
reimbursement from the Ohio Public Defender Commission for its services in the Union
County Municipal Court.
6. Neither party shall assign all of any part of this Agreement without prior written consent
of the other party, which consent shall not be unreasonably withheld.
7. If either party shall fail to fulfill its obligations under this Agreement in a reasonable,
timely, and proper manner, or if either party shall substantially violate any of the
covenants, agreements, or stipulations of this Agreement, the non - breaching party shall
thereupon have the right to terminate this Agreement by giving 30days written notice of
termination to the other party in which an effective date of said termination will be stated.
Termination under this provision shall not constitute a waiver of any other right or
remedy the non - breaching party may have at law of in equity for breach of this
Agreement.
8. All amendments to this Agreement agreed upon by the parties shall be in writing and
made a part of this Agreement. This Agreement may not be modified, varied, or
amended except in a written amendment signed by the parties.
9. There shall be no discrimination against any employee who is employed in the work
covered by this Agreement or against any application for such employment because of
race, color, religion, sex, or national origin. This provision shall apply to, but not be
limited to, employment, upgrading, demotion or transfer, recruitments, or recruitment
advertising, lay -off, or termination, raises of pay or other forms of compensation and
selection for training, including apprenticeship. The Commission shall insert a similar
provision in any subcontract for services covered by this Agreement.
10. Each party covenants that its staff and decision makers presently have no interest and
shall not acquire any interest, direct or indirect, in this Agreement which would conflict
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in any manner with the performance of services required under this Agreement. No
members of the Commission or member of City Council shall take part in any services
under this Agreement or have a financial interest in the providing of those services.
11. This Agreement is subject to the following terms and conditions imposed by Ohio
Administrative Code Section 120 -1 -09: (A) This Agreement (pertaining to legal
representation of indigent persons charged with one or more violations of a municipal
ordinances) must be approved by the Ohio Public Defender Commission. (B) This
Agreement shall be interpreted in such a fashion as to cause it to conform with the
standards of indigency and other rules and standards established by the Ohio Public
Defender Commission and the state public defender.
12. This Agreement represents the final, complete, and exclusive expression of the City and
County's terms of agreement and replaces all previous oral and written agreements
between the City and County for the provision of misdemeanor indigent defense services
for municipal code violations lodged in the Union County Municipal Court.
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IN WITNESS WHEREOF, the parties have hereunto set their hands this day of
, 2012.
City Manager Date
County Commissioners:
Date
Date
Date
Approved as to Form:
Law Director of the City of Dublin
Approved:
Ohio Public Defender Date
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