HomeMy WebLinkAboutIndigent Defense
Augusta Richmond GA
DOCUMENT NAME: r N v \ ') ",,-Ill.. '\) 10: ~E:N g G A C) R o=:G m €,u l
DOCUMENT TYPE: A 5elSE:~~"'\
YEAR: ;;L()D c:)
BOX NUMBER: d Y
FILE NUMBER: II] S- ~ S-
NUMBER OF PAGES: 33
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(SBS 12/10/04)
INDIGENT DEFENSE AGREEMENT
AMONG THE CIRCUIT PUBLIC DEFENDER OFFICE OF THE AUGUSTA
JUDICIAL CIRCUIT AND THE GOVERNING AUTHORITIES OF BURKE,
COLUMBIA, AND AUGUSTA-RICHMOND COUNTIES
THIS AGREEMENT lS entered into this?, a day of
December, 2004, among the Circuit Public Defender Office of
the Augusta Judicial Circuit (herein referred to as "the
Public Defender Office"), the governing authority of.... Burke
County, a body politic and a subdivision of the State of
Georgia (herein referred to as "Burke County"), the
governing authority of Columbia County, a body politic and
a subdivision of the State of Georgia (herein referred to
as "Columbia County"), and the governing authority of
Augusta-Richmond County, a body politic and a subdivision
of the State of Georgia (herein referred to as "Augusta-
Richmond County"). Burke, Columbia, and Augusta-Richmond
Counties are herein referred to collectively as "the
Counties." This agreement is effective January I, 2005,
except as provided in Section 6.10,
WITNESSETH:
WHEREAS, the Public Defender Office and the Counties
enter into this agreement to implement the provisions of
the Georgia Indigent Defense Act of 2003, as amended,
including the provisions quoted below; and
WHEREAS, O.C.G.A. ~ 17-12-23 (d), which is effective
January I, 2005, provides as follows:
A city, county, or consolidated government may
contract with the circuit public defender office
for the provision of criminal defense for
indigent persons accused of violating city,
county, or consolidated government ordinances or
state laws, If a city, county or consolidated
government does not contract with the circuit
public defender office, the city, county, or
consolidated government shall be subject to all
applicable standards adopted by the council for
representation of indigent persons in this state;
and
WHEREAS, O.C.G,A. ~ 17-12-25 (b), which is effective
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,
,
January I, 2005, provides as follows:
The county or counties comprising the judicial
circuit may supplement the salary of the
circuit public defender in an amount as is or may
be authorized by local Act or in an amount as
may be determined by the governing authority of
the county or counties, whichever is greateri
and
WHEREAS, O.C.G.A. ~ 17-12-26 (c) (4), which 1S
effective January I, 2005, provides as follows:
Neither the circuit public defender nor any
personnel compensated by the state pursuant to
the provisions of this article shall be
reimbursed from state funds for any expenses for
which the person has been reimbursed from funds
other than state fundsi provided, however, that
the governing authority of the county or counties
comprising the judicial circuit are authorized to
provide travel advances or to reimburse expenses
which may be incurred by the person in the
performance of his or her. official duties to the
extent the expenses are not reimbursed by the
state as provided in this Code sectioni and
WHEREAS, O.C.G.A. ~ 17-12-30 (c) (6), which is
effective January I, 2005, provi~es as follows:
The governing authority of the county or
counties comprising a judicial circuit may
supplement the salary or fringe benefits of any
state paid position appointed pursuant to this
articlei and
WHEREAS, O.C.G.A. ~ 17-12-31, which is effective
January I, 2005, provides in subsections (a) and (b) the
following:
(a) The circuit public defender in each judicial
circuit may employ additional assistant circuit
public defenders, deputy circuit public
defenders, or other attorneys, investigator$,
paraprofessionals, clerical assistants, and other
employees or independent contractors as may be
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,
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provided for by local law or as may be authorized
by the governing authority of the county or
counties comprising the judicial circuit. The
circuit public defender shall define the duties
and fix the title of any attorney or other
employee of the office of the circuit public
defender.
(b) Personnel employed by the circuit public
defender pursuant to this Code section shall
serve at the pleasure of the circuit public
defender and shall be compensated by the county
or counties comprising the judicial circuit, the
manner and amount of compensation to be paid to
be fixed either by local Act or by the circuit
public defender with the approval of the county
or counties comprising the judicial circuit.
WHEREAS, a.C.G.A. ~ 17-12-34, which is effective January 1,
2005, provides as follows:
The governing authority of the county shall
provide, in conjunction and cooperation with the
other counties in the judicial circuit and in a
pro rata share according to the population of
each county, appropriate offices, utilities,
telephone expenses, materials, and supplies as
may be necessary to equip, maintain, and furnish
the office or offices of the circuit public
defender in an orderly and efficient manner. The
provisions of an office, utilities, telephone
expenses, materials, and supplies shall be
subject to the budget procedures required by
Article 1 of Chapter 81 of Title 36i and
WHEREAS, a.C.G.A. ~ 17-12-35, which is effective
January 1, 2005 provides as follows:
A circuit public defender office may contract
with and may accept funds and grants from any
public or private sourcei and
WHEREAS, the Georgia Public Defender Standards Council in a
letter dated March 5, 2004 has informed the Association
County Commissioners of Georgia as follows:
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...
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"If through calendar year 2005 counties continue
to fund indigent defense, at a minimum, at the
level of its most recent budgeted level of
funding (fiscal year 2004 or fiscal year 2005
planned budget if that budget has already been
developed) for indigent defense and if as part of
this support each county provides the space,
equipment and operating expenses necessary to
effectively operate the circuit public defender
office beginning on January 1, 2005, the
Standards Council's standards for case load and
staffing adopted pursuant to O.C.G.A. Section 17-
12-8 will become effective on January 1, 2006;"
and
WHEREAS, the Counties are bodies politic, existing and
operating under the laws and Constitution of the State of
Georgia with full power to enter into contracts and
agreements with other political entities; and
WHEREAS, the Public Defender Office is existing under
the laws of the State of Georgia and operating under the
laws and Constitution of the State of Georgia wi th full
power to enter into contracts and agreements with other
entities; and
WHEREAS, it is the intent of the parties to this
agreement to provide for the operation of an indigent
defense system to assure that adequate and effective legal
representation is provided, independent of political
consideration or private interests, to indigent defendants
in criminal cases consistent with the standards adopted by
the Georgia Public Defender Standards Council. This system
and this agreement include the following:
(1) The provision by the Public Defender Office
of the statutorily required services to the
Counties;
(2) The paYment to the Public Defender Office by
the counties for additional assistant circuit
public defenders, administrative assistants and
intake staff pro rata on the basis of caseload;
(3) The provision by the Counties of additional
county paid staff;
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(4) The payment by the Counties of their pro rata
share on the basis of population of the costs of
appropriate offices, utilities, telephone
expenses, materials, and supplies as may be
necessary to equip, maintain, and furnish the
office or offices of the circuit public defender
in an orderly and efficient manner;
(5) Travel advances and reimbursement of expenses
on the basis of population;
(6) Salary supplements on the basis of caseload;
and
(7) The provision for other matters necessary to
carry out this agreement.
NOW THEREFORE, in consideration of the mutual
covenants and promises contained in the agreement and for
Ten Dollars ($10) and other good and valuable
consideration, IT IS AGREED AS FOLLOWS:
ARTICLE 1
STATUTORY AND ADDITIONAL PERSONNEL
Section 1.01 Statutory Staffing. The Public Defender Office
agrees to provide for the Augusta Judicial Circuit full-
time staff for a circuit public defender office or offices
consisting of a circuit public defender; an assistant
public defender for each superior court judge authorized
for the circuit, excluding the chief judge and senior
judges; an investigator; and 2 additional persons to
perform administrative, clerical or paraprofessional
services.
Section 1.02 Statutory Services. The Public Defender agr~es
to provide representation to indigent defendants in the
following cases:
(1) Misdemeanor and felony cases prosecuted in the
superior courts of the Counties under the laws of
the State of Georgia in which there is a
possibility that a sentence of imprisonment or
probation or suspension of sentence of imprisonment
may be adjudged;
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(2)Hearings in the superior courts of the Counties
on a revocation of probation;
(3)Cases prosecuted in the juvenile courts of the
Counties in which a child may face a disposition In
a delinquency case of confinement, commitment or
probation including certain deprivation matters; and
(4) Direct appeals from a decision in cases described
in (1), (2) and (3) above.
Subject to the use of county paid employees and independent
contractors as provided for in paragraph 2.02 and as shown
in Attachment A.
Section 1.03 Conflicts. The Public Defender Office agrees
to provide for legal representation by an attorney who is
not an employee of the Public Defender Office in cases
described in Section 1.02 in which the Public Defender
Office has a conflict of interest.
ARTICLE 2
ADDITIONAL ASSISTANT PUBLIC DEFENDERS AND
ADMINISTRATIVE ASSISTANTS
Section 2.01 Additional state paid employees. The Counties
agree to pay to the Public Defender Office the amount
provided in Attachment A to pay for the additional state
paid personnel listed in Attachment A. The Counties agree
to the terms for paYment provided in Attachment A.
Attachment A is incorporated into this agreement by
reference. The amount to be paid includes a 10%
administrative fee on salaries paid to state paid
personnel. The additional personnel employed by the Public
Defender Office as full- time state paid employees of the
Public Defender Office are in the unclassified service of
the State Merit System of Personnel Administration with all
benefits of such appointed state employees as provided by
law. The additional personnel employed by the Public
Defender Office pursuant to this Section serve at the
pleasure of the Circuit Public Defender of the Augusta
Judicial Circuit. The parties agree that the employment of
additional personnel employed by the Public Defender Office
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pursuant to this section may be terminated by the Public
Defender Office if the Counties do not pay for the cost of
these personnel in advance in accordance with this
agreement.
2.02 Additional county paid staff. The Counties agree to
provide to the Public Defender Office the county paid staff
listed in Attachment A. These staff members are county
employees or independent contractors. As provided in
Attachment A, one of the Counties is the employer for each
of the county employees and independent contractors for all
purposes, including, without limitation, compensation and
employee benefits, but the employees and independent
contractors are under the supervision of the circuit public
defender. The circuit public defender shall define the
duties and fix the title of these county employees and
independent contractors. The additional personnel employed
by the Public Defender Office pursuant to this Section
serve at the pleasure of the Circuit Public Defender of the
Augusta Judicial Circuit. In the event that a county
employee or independent contractor listed in Attachment A
leaves the employment of the county for any reason, whether
voluntarily or involuntarily, the Public Defender Office is
authorized to employ a person to replace the departed
employee or independent contractor under the same terms and
conditions as the departed employee or independent
contractor (including salary) was employed, subject to the
approval of the county involved, which approval shall not
be unreasonably withheld.
2.03 Services provided by addition staff. Subj ect to the
terms and conditions of Attachment A, the Public Defender
Office agrees to use the additional staff provided by this
Article in the courts and for the purposes described in
Attachment A.
ARTICLE 3
PROVISION BY THE COUNTIES OF THEIR PRO RATA SHARE OF
THE COSTS OF APPROPRIATE OFFICES, UTILITIES, TELEPHONE
EXPENSES, MATERIALS, AND SUPPLIES AS MAY BE NECESSARY
TO EQUIP, MAINTAIN, AND FURNISH THE OFFICE OR OFFICES
OF THE CIRCUIT PUBLIC DEFENDER.
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Section 3.01 Office expenses. The Counties agree to pay
their pro rata share of the budget provided in Attachment
B, shown as the budget for appropriate offices, utilities,
telephone expenses, materials, supplies and other operating
expenses to equip, maintain, and furnish the office or
offices of the Public Defender Office. The Counties agree
to the terms for payment provided in Attachment C.
Attachments Band C are incorporated into this agreement by
reference.
ARTICLE 4
TRAVEL AND REIMBURSEMENT OF EXPENSES
Section 4.01 Travel and expense reimbursement. The
Counties agree to provide travel advances and to reimburse
expenses which may be incurred in the performance of the
employee's official duties under this agreement by an
employee of the Public Defender Office to the extent the
expenses are not reimbursed by the state and to the extent
the expenses are authorized by the circuit public defender
and the Counties. The Counties shall provide the Public
Defender Office with the information concerning the travel
advances and expense reimbursements required by the State
Auditor.
ARTICLE 5
SALARY SUPPLEMENTS
Section 5.01 Salary supplements. The Counties agree to
supplement the salaries of the state employees of the
Public Defender Office listed in Attachment D in the amount
indicated in Attachment D. Attachment D is incorporated in
this agreement by reference. The salary supplement for
these state employees is paid directly to the employee by
the Counties and all payroll taxes and benefits associated
with the salary supplement are paid by the Counties. The
parties to this agreement agree that a state employee who
receives a salary supplement pursuant to this Section is a
state employee and is under the supervision of the circuit
public defender and not of the Counties and that a state
employee who receives a salary supplement pursuant to this
Section is not a county employee. The Counties shall
provide the Public Defender Office with the information
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concerning the salary supplement required by the State
Auditor.
ARTICLE 6
MISCELLANEOUS
Section 6.01 Term. The term of this agreement is 12 months
beginning January 1, 2005 and ending December 31, 2005.
Section 6.02 Maintenance of effort. The Counties agree that
they will continue to fund indigent defense for the term of
this agreement, at a minimum, at the level of their most
recent budgeted level of funding (fiscal year 2004 or
fiscal year 2005 planned budget if that budget has already
been developed) for indigent defense and as part of this
support each county agrees to provide the space, equipment
and operating expenses necessary to effectively operate the
circuit public defender office beginning on January 1,
2005.
Section 6.03 Severability. Any section, subsection,
paragraph, term, condition, provision or other part
(hereinafter collectively referred to as "part ") of this
agreement that is judged, held, found, or declared to be
voidable, void, invalid, illegal or otherwise not fully
enforceable shall not affect any other part of this
agreement, and the remainder of this agreement shall
continue to be of full force and effect. Any agreement of
the parties to amend, modify, eliminate, or otherwise
change any part of this agreement shall not affect any
other part of this agreement, and the remainder of this
agreement shall continue to be of full force and effect.
Section 6.04 Cooperation, dispute resolution and
jurisdiction. (a) The Public Defender Office and the
Counties collectively and individually acknowledge that
they are engaging in a new venture and that this agreement
may need to be revised periodically to address new or
unforeseen matters.
(b) Each party to this agreement agrees to cooperate with
the other party to effectuate and carry out the intent of
this agreement.
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(c) This agreement, and the rights and obligations of the
parties, shall be governed by, and subject to and
interpreted in accordance with the laws of the State of
Georgia. The parties acknowledge and agree that by law, the
exclusive jurisdiction for contract actions against the
state, departments and agencies of the state, and state
authorities is the Superior Court of Fulton County,
Georgia. The Parties further acknowledge that the Ful ton
Superior Court has a Court sponsored Arbitration and
Mediation Program in which the Parties agree to fully
participate.
Section 6.05 Notice. A notice to a party to this agreement
shall be made in writing and shall be delivered by first
class mail or personally to the person and at the address
indicated below:
Circuit Public Defender
Judicial Circuit:
Office
of
the
Augusta
SAN SIBLEY
Circuit Public Defender
401 HALE STREET
Street
AUGUSTA
City,
GA, 30901
Zip Code
Burke County:
MERV WALDROP
Name
111 EAST SIXTH
Street
WA YNESBORO GA,
City,
STRRET
30830
Zip Code
Columbia County:
TODD GLOVER
10
Name
640, RONALD .REAGAN DRIVE
Street
EVANS
City,
GA, 30809
Zip Code
Augusta-Richmond County:
Attention: Frederick L. Russell, Interim Administrator
Name
530 Greene Street
Street
Augusta
City,
GA, 30 9 11
Zip Code
Section 6.06 Agreement modification. This agreement,
including all Attachments hereto, constitutes the entire
agreement between the parties with respect to the subj ect
matter of this agreement and may be altered or amended only
by a subsequent written agreement of equal dignity;
provided, however, that the parties' representatives
identified in Section 6.05 may agree in writing by an
exchange of letters or emails prior to the budget revision
becoming effective to budget revisions which do not
increase or decrease the total dollar value of the
agreement. This agreement supersedes all prior agreements,
negotiations and communications of whatever type, whether
written or oral, between the parties hereto with respect to
the subject matter of this agreement.
Section 6.07 Termination. (a) Due to non-availability of
funds. In the event that any of the sources of
reimbursement for services under this agreement
(appropriations from the General Assembly of the State of
Georgia, or appropriations from a county governing
authori ty) is reduced during the term of this agreement,
the Public Defender Office may make financial and other
adjustments to this agreement and notify the Counties
accordingly. An adjustment may be an agreement amendment or
may be the termination of the agreement. The certification
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by the director of the Georgia Public Defender Standards
Council of the occurrence of reduction in State funds is
conclusive. The certification by the person designated in
Section 6.05 for the receipt of notice for each of the
Counties of the occurrence of the reduction in county funds
is conclusive. The Counties agree to promptly notify the
Public Defender Office in writing of the non-existence or
insufficiency of funds and the date of termination. The
Public Defender Office may then immediately cease providing
the services required hereunder except for any necessary
winding down and transition services required under Section
6.08. In lieu of terminating this agreement, the Counties
and the Public Defender Office may make financial and other
adjustments to this agreement by amending it pursuant to
Section 6.06
(b) For cause. This agreement may be terminated for cause,
in whole or in part, at any time by any party for failure
by the other party to substantially perform any of its
duties under this agreement. "Cause" means a breach or
default of any material obligation hereunder which default
is incapable of cure, or which, being capable of cure, has
not been cured wi thin 30 days after receipt of notice of
such defaul t (or such additional cure period as the non-
defaulting party may authorize). Should a party exercise
its right to terminate this agreement under this
subsection, the termination shall be accomplished in
writing and specify the reason and the termination date. In
the event of termination under this subsection the Public
Defender Office shall submit a final agreement expenditure
report containing all charges incurred through and
including the termination date to the Counties no later
than 30 days after the effective date of written notice of
termination and the Counties shall pay the amount due
within 15 days of the receipt of the final agreement
expenditure report. Upon termination of this agreement, the
Public Defender Office shall not incur any new obligations
after the effective date of the termination, except as
required under Section 6.08. The above remedies contained
in this subsection are in addi tion to any other remedies
provided by law or the terms of this agreement.
(c) For Convenience. This agreement may be cancelled or
terminated by either of the parties without causej however,
the party seeking to terminate or cancel this agreement
shall give written notice of its intention to do so to the
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other party at least 60 days prior to the effective date of
cancellation or termination.
(d) Post-termination obligations. After termination of
this agreement pursuant to this Section, the Public
Defender Office and the Counties agree to comply with the
provisions of Section 6.08 (b).
Section 6.08 Cooperation in transition of services. (a) At
the beginning of the Agreement. The Counties agree upon the
beginning of this agreement to cooperate as requested by
the Public Defender Office to effectuate the smooth and
reasonable transition of services for existing clients.
This includes but is not limited to the payment for the
continuation of representation by current counsel where
appropriate or required by law, court rule or the State Bar
of Georgia ethical standards or the facilitation of the
timely transfer to the Public Defender Office of the client
records.
(b) During or at the end of the Agreement. The Public
Defender Office agrees upon suspension, termination, or
expiration of this agreement, in whole or in part, for any
reason to cooperate as requested by the Counties to
effectuate the smooth and reasonable transition of services
for existing clients. This includes but is not limited to
the continuation of representation by Public Defender
Office where appropriate or required by law, court rule or
the State Bar of Georgia ethical standards or the
facilitation of the timely transfer to the Counties of the
client records. The Counties shall compensate the Public
Defender for all post-suspension, post-termination, or
post-expiration services under this subsection. The Public
Defender Office shall submit a monthly expenditure report
containing all charges incurred during the preceding month
on or before the 5th day of each month. The Counties shall
pay the amount due within 15 days of the receipt of the
monthly expenditure report. This subsection survives the
suspension, termination, or expiration of the agreement.
(c) Statutory responsibility continuation. The Public
Defender Office and the Counties acknowledge that both have
responsibilities for indigent defense costs under the
Georgia Indigent Defense Act of 2003, as amended and that
the suspension, termination, or expiration of this
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agreement does not relieve either party of their
responsibility under the law.
Section 6.09 Advance of Funds. The parties agree that
advances of funds cannot remain outstanding following
agreement expiration and will be reclaimed. The parties
agree that upon termination of this agreement all
unexpended and unobligated county funds held by the parties
revert to the Counties. The parties agree to reconcile
expendi tures against advances of funds wi thin 30 days of
teYlpination of this agreement.
Section 6.10 Implementation. The Counties and the Public
Defende~ Office agree that although this agreement is
effective January 1, 2005 the Counties and the Public
Defender Office may agree to incur costs and expend funds
necessary to prepare for and phase-in full implementation
of this agreement on January 1, 2005. This Section is
effective upon ~he execution of this agreement.
Section 6.11 Time. Time is of the essence.
IN WITNESS WHEREOF, the parties have each here unto
affixed their signatures the day and year first written
above.
ATTEST:
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Burke County
BY, ~;J)-
19na re
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,
Title
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ATTEST:
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Si~})ptur:
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14
ATTEST:
ATTEST:
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ATTEST:
1bIyPlar., Fulton .Oounfy, Georgia
U,00mmII8I0n expires March 19,2005
Augusta-Richmond County Commission
BY:
~l'~6
~fJ;
Circuit Public
Defender Office
Augusta
Judicial Circuit
BY~~zL
Signa'ture
Circuit Public Def der
Consented to:
Georgia Public
Defender Standards
cou~ ~
BY: I ~
.gnature~
Director
15
Augusta Judicial Circuit
ATTACHMENT A
January 1, 2005 - December 31, 2005
(a) In accordance with paragraph 2.01 on a pro rata basis of caseload
as shown on Attachment B, the Counties agree to pay the Public
Defender Office $1,394,588.22 in twelve (12) monthly installments.
Installments are due within 15 days of receipt of invoice from the
Administrative Office of the Courts (AOC).
The Public Defender
Office agrees to use these funds for the purpose of paying the
salary and benefits for the following positions or individuals in
the amounts indicated as follows to provide representation to
indigent defendants in cases designated as a felony in superior
courts and juvenile delinquency proceedings for the entire circuit
where said juvenile proceedings are not otherwise provided for by
the county employees and independent contractors herein after
provided for:
Annual Total salary Phase-In 10% Admin
salary and benefits Salary Fee
4 Asst PD $265,169.88 $352,675.94 $352,675.94 $35,267.59
2 Asst PD $132,584.94 $165,399.71 $124,049,78 $12,404.98
2 Asst PD $132,584.94 $154,461.46 $ 77,230.73 $ 7,723.07
2 Asst PD $132,584.94 $143,523.20 $ 35,880.80 $ 3,588.08
Intake Office $ 34,609.93 $ 45,425.38 $ 45,425.38 $ 4,542.54
Intake Office $ 25,856.08 $ 33,943.83 $ 33,943.83 $ 3,394.38
Intake Office $ 25,856.22 $ 33,944.02 $ 33,944.02 $ 3,394.40
Intake Office $ 30,257.88 $ 39,717.24 $ 39,717.24 $ 3,971.72
Intake Office $ 33,303.08 $ 43,711.32 $ 43,711.32 $ 4,371.13
2 Intake Off. $ 50,000.00 $ 65,642.00 $ 65,642.00 $ 6,564.20
Investigator $ 39,986.00 $ 53,181.38 $ 53,181.38 $ 5,318.14
5 Investigator$146,970.00 $195,470.10 $195,470.10 $19,547.01
5 Admin Staff $125,515.00 $166,934.95 $166,934.95 $16,693.50
The Counties agree to pay their share of the expenditures for the
County
Burke 5.32%
Columbia 13.23%
Augusta-Richmond
additional personnel, including the 10% administrative fee, to Augusta-
Richmond County as the fiscal agent for all three counties according to
the following pro rata division of total personnel expenditures
according to caseload as shown on Attachment B:
Personnel
Expenditures
$ 74,192.08
$ 184,504,02
$1,135,892,12
81.45%
TOTAL salaries, benefits and administrative fee: $1,394,588.22
Augusta-Richmond County shall
monies to the Administrative
three counties.
be responsible to timely remit
Office of the Courts on behalf of
said
all
Payment for the salaries, benefits and administrative costs shall
be made by the Counties in advance of the payment of the salaries by
the Public Defender Office.
The Circuit Public Defender shall have the sole authority and
discretion to use any monies in the budget allocated for the salaries
of personnel to increase or decrease the salary of anyone or more
Assistant Public Defenders, Investigators, Administrative Assistants,
Intake Staff or other individual or individuals on the basis of their
level of education or experience even to the extent that the same may
result in a reduction in the overall number of personnel provided
however that the standards set by the Georgia Public Defender Standards
Council are otherwise met and provided that the same is wi thin the
total monies allocated for personnel as shown in Attachment B.
These additional personnel will be regarded as State paid
personnel as described in paragraph 2.01.
Operating Expenditures and Building Expenses as shown on
Attachment B shall be paid by Augusta-Richmond County in accordance
wi th existing Augusta-Richmond County procedures upon request by the
Circuit Public Defender and shall be paid for pro rata by the counties
on the basis of population as shown on Attachment B.
(b) In accordance with paragraph 2.02, and as shown on Attachment B-
1, Augusta-Richmond County agrees to pay the Public Defender Office
the sums of $711.564.50 and $323,311.03 in twelve (12) monthly
installments together with an additional 10% administrative fee.
Installments are due within 15 days of receipt of invoice from the
Administrative Office of the Courts (AOC). The Public Defender
Office agrees to use these funds for the purpose of paying the
salary and benefits for the positions or individuals in the amounts
indicated in Attachment B-1 for the operation of a section of the
Public Defenders Office to provide representation for indigent
defendants charged in criminal cases in the State Court of Richmond
County where there is a possibility that a sentence of imprisonment
or probation or suspension of sentence of imprisonment may be
adjudged and at hearings on a revocation of probation.
The Circuit Public Defender shall have the sole authority and
discretion to use any monies in the budget allocated for the salaries
of personnel to increase or decrease the salary of anyone or more
Assistant Public Defenders, Investigators, Administrative Assistants,
Intake Staff or other individual or individuals on the basis of their
level of education or experience even to the extent that the same may
result in a reduction in the overall number of personnel provided
however that the standards set by the Georgia Public Defender Standards
Council are otherwise met and provided that the same is within the
total monies allocated for personnel as shown in Attachment B-1.
These additional personnel will be regarded as State paid
personnel as described in paragraph 2.01 and will provide legal
representation to indigent defendants in cases designated as a
misdemeanor offense of ordinance violation in the State Court of
Richmond County.
In the event that the services of any of the personnel designated
in Attachment B-1 is needed in the Superior Court of Richmond County
only, the Circuit Public Defender shall be authorized to use said
personnel in said court provided that the needs of the State Court of
Richmond County are otherwise met. Personnel shown on Attachment B-1
shall not be used in the Superior Court of any other county for any
matter other than for the limited purpose of a probation revocation
hearing arising out of the State Court of R~chmond County criminal
offense.
Operating Expenditures and Building Expenditures as shown on
Attachment B-1 shall be paid by Augusta-Richmond County in accordance
with existing Augusta-Richmond County procedures upon request by the
Circuit Public Defender.
(c) Pursuant to paragraph 2.02 the Counties also agree to pay to the
Public Defender Office monies in the described amounts for county paid
employees and independent contractors to provide for legal
representation of indigents in criminal cases where there is a
possibility that a sentence of imprisonment or probation or suspension
of sentence of imprisonment may be adjudged or in certain deprivation
matters as follows:
Burke County - State Court, Juvenile Court and Magistrate Court
the sum of $ 30,000.00.
Columbia County - Probate Court, Juvenile Court, Magistrate Court
and Misdemeanors in Superior Court the sum of $ 125,000.00
Augusta-Richmond County - Juvenile Court and Magistrate Court the
sum of $125,000.00.
The employees and independent contractors herein referenced in sub
paragraph (c) shall be employees and independent contractors of the
county wherein the service is provided, shall be paid at an hourly rate
as set by the Georgia Public Defender Standards Council, the voucher
for which shall be submitted to the Circuit Public Defender for
approval and then sent directly to the respective county for payment
directly to said employee or independent contractor. There shall not be
a 10% administrative fee with respect to monies paid pursuant to sub
paragraph (c) since these monies will not be paid through the
Administrative Office of the Courts.
(d) The county paid employees and independent contractors referred
to in sub paragraphs (a) (b) and (c) above, provide legal
representation to indigent defendants to the courts listed in
sub paragraphs (a) (b) and (c) in accordance with the
following additional services provisions:
Definition. For the purposes of this agreement and this
attachment the terms "additional services" and "additional
service" mean services provided by the Public Defender Office in
addition to those services that the Public Defender Office is
required by law to provide.
Additional Services. The Public Defender Office agrees to
provide and the Counties agree to pay for the additional services
described in this attachment. The parties agree to the terms of
this attachment and this attachment is incorporated into this
agreement by reference. The amount to be paid in this attachment
includes a 10% administrative fee charged on the salary of state
paid employees covered by this attachment except as provided in
sub paragraph (c) above. Any additional personnel employed by the
Public Defender Office pursuant to this attachment are full-time
state paid employees of the Public Defender Office in the
unclassified service of the State Merit System of Personnel
Administration with all the benefits provided by law to employees
in the unclassified service except as provided in sub paragraph
(c) above.
Compliance
resources, the
with Standards. Subject
Public Defender Office
to the
agrees
availabili ty
to provide
of
the
additional services provided for in this attachment in a
professional manner consistent with the standards adopted by the
Georgia Public Defender Standards Council. In the event the
Public Defender Office's caseload reaches a size that prevents
the Public Defender Office from providing an additional service
in a manner which meets the standards adopted by the Georgia
Public Defender Standards Council, the Public Defender Office may
give the County for which the Public Defender Office is providing
the additional service 30 days written notice of its intent to
suspend taking new cases as part of that service pursuant to this
attachment. The provisions of Section 6.08 shall apply to the
county for which the Public Defender Office is providing the
additional service involved during the period of the suspension.
The Public Defender Office shall give the County for which the
Public Defender Office is providing the additional service 10
days written notice of its intent to lift the suspension of the
additional services. At any time during a period of suspension
of the additional services up to and including the 5th calendar
day after the County for which the Public Defender Office is
providing the additional service receives notice from the Public
Defender Office of its intent to lift the suspension, the County
may elect to terminate the its obligations under this attachment
by giving the Public Defender Office written notice thereof i in
which event the parties obligations under this attachment for the
additional service involved immediately terminate subject to the
provisions of Section 6.08.
It is agreed and understood that the additional county paid
employees and independent contractors assist the Public Defender
Office in carrying out its statutory and contractual duties, that
the Public Defender Office is not delegating its statutory
responsibilities to these county paid employees and independent
contractors and that the Public Defender Office is using these
personnel to carry out it responsibilities. The county paid
employees and independent contractors are under the
administrative supervision of the Public Defender Office. The
Public Defender Office shall define the duties and
responsibilities of these county paid employees and independent
contractors and they serve at the pleasure of the Circuit Public
Defender of the Augusta Circuit. The Counties agree that all
county paid employees and independent contractors provided in
this Attachment are subj ect to the minimum continuing education
and training requirements as may be established by the Georgia
Public Defender Standards Council.
The Circuit Public Defender agrees to provide legal
representation by an attorney who is not an employee of the
Public Defender Office in cases described in this Section in
which the Public Defender Office has a conflict of interest.
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Augusta Judicial Circuit
ATTACHMENT C: Operating Expenditures
January 1, 2005 - December 31, 2005
The Counties agrees to pay the Public Defender Office
their share of the operating expenditures and building
expenditures as stated in this attachment B. Burke and
Columbia Counties will be responsible for their pro-rata
share to Augusta-Richmond County and will remit payment of
their pro-rata share of operating expenses as referenced in
the attached budget in a reasonable and timely manner. The
Public Defender Office agrees to use these funds for the
purpose of paying for the operating expenses of the Public
Defender Office for the Augusta Judicial Circuit. These
expenditures will be divided by the pro-rata share, based
on population as shown in the budget Attachment B as
follows:
Total Office
County Expenditures
Burke $ 19,055.20 8%
Columbia $ 69,075.10 29%
Augusta-Richmond $ 150,059,70 63%
TOTAL: $ 238,190,00
.
Operating Expenditures and Building Expenses as shown
on Attachment B shall be paid by Augusta-Richmond County in
accordance with existing Augusta-Richmond County procedures
upon request by the Circuit Public Defender and shall be
paid for pro rate by the counties on the basis of
population as shown on Attachment B.
~
.'
Augusta Judicial Circuit
Attachment D
January 1, 2005 - December 31, 2005
SALARY SUPPLEMENTS
The Counties agree to pay the Public Defender Office
$29,732.54 as a salary supplement for the Circuit Public
Defender designated as Chief Public Defender on Attachment
Band $88,694.29 as salary supplements for State funded
Assistant Public Defenders designated as such on Attachment
B, to be divided by the Circuit Public Defender among any
and/or all Assistant Public Defenders in his sole
discretion according to the experience and/or education of
the employee regardless of for which class of State funded
Assistant Public Defender said monies were allocated in the
budget. In addition to the funds specifically allocated to
supplement the salaries of State funded Assistant Public
Defenders, the Circuit Public Defender shall have the
authority and the discretion to use any monies In the
budget allocated for the salaries of any other personnel to
further supplement the salary of any State funded Assistant
Public Defender regardless of for which class of employee
said monies were allocated 1n the budget,
The Circuit Public Defender shall have the sole
authority and discretion to use any monies in the budget
allocated for the salaries of personnel to increase or
.
.
.
.
decrease the salary or salary supplement of anyone or more
Assistant Public Defenders, Investigators, Administrative
Assistants, Intake Staff or other individual or individuals
on the basis of their level of education or experience even
to the extent that the same may result in a reduction In
the overall number of personnel provided however that the
standards set by the Georgia Public Defender Standards
Council are otherwise met and provided that the same is
within the total monies allocated for personnel as shown in
Attachment B.
Burke and Columbia Counties will be responsible for
their pro-rata share to Augusta-Richmond County and will
remit payment of their pro-rata share of salary supplements
as referenced in the attached budget Attachment B in a
reasonable and timely manner. The salary supplement is paid
directly to the employee by the Counties in pro rata share
according to caseload as shown on Attachment B in
accordance with existing Augusta-Richmond County procedure
for paYment of salary supplements to the District Attorney,
any Assistant District Attorney and other personnel of said
office.
The Counties shall provide the Public Defender Office
with the information concerning the salary supplement
required by the State Auditor,
"
.
.
.
The counties agree to pay their pro-rata share as follows:
County
Burke
Columbia
Share
$ 6,300.32
$ 15,667.86
5.32%
13.23%
81.45%
Augusta-Richmond $ 96,458.65
TOTAL
$118,426.83
The Counties agree to pay their share of the expenditures
for the salary supplements to Augusta-Richmond County as
the fiscal agent for all three counties pro rata according
to caseload as shown on Attachment B.