To: Martin L. Cousineau, Finance Committee Chairperson
From: Nathaniel C. Perry, III, Chief Public Defender
title
RE: Approval of request to create, post, and fill one Defender Specialist position; position is fully grant funded
recommendation
BOARD ACTION REQUESTED:
Approve request to create, post, and fill one Defender Specialist position
BACKGROUND:
In 2008, the National Legal Aid and Defender Association published a report finding that the State of Michigan failed to provide constitutionally adequate defense counsel to those who cannot afford an attorney. In 2013, the state legislature created the Michigan Indigent Defense Commission (MIDC) to establish and enforce minimum standards for the delivery of indigent defense, as well as to “ensure the state’s public defense system is fair, cost-effective, and constitutional while simultaneously protecting public safety and accountability.” Under this mandate, the MIDC outlined nine standards for indigent defense. The last two standards were officially approved by LARA on October 24, 2023. By statute, the MIDC provides funding to local systems to comply with the standards.
DISCUSSION:
With the approval of the last MIDC standards, MIDC has increased requirements for data collection and reporting to monitor compliance. MIDC recognizes that the enhanced requirements will require additional staffing. The Office of the Public Defender will need to add an additional Defender Specialist to the team to maintain compliance with the expanding administrative responsibilities of the grant.
IMPACT ON HUMAN RESOURCES:
The position will need to be created and posted.
IMPACT ON BUDGET:
Funding for this position is covered through the MIDC grant, 2921-283.00. All MIDC Grant funding is included in the FY23/24 approved budget. No County appropriation is required.
IMPACT ON FACILITIES:
None.
IMPACT ON TECHNOLOGY:
New staff will require the usual equipment.
CONFORMITY TO COUNTY PRIORITIES:
The Office of the Public Defender is responsible for providing constitutionally guaranteed, quality legal representation to all adults charged with crimes in Genesee County who cannot afford an attorney, embracing diversity, equity and inclusion in our daily operations. This position also conforms to Long Term Financial Stability as it supports the growing needs of the Office of the Public Defender to monitor grant compliance and continued data-based decision making and planning.
resolution
TO THE HONORABLE CHAIRPERSON AND MEMBERS OF THE GENESEE COUNTY BOARD OF COMMISSIONERS, GENESEE COUNTY, MICHIGAN
LADIES AND GENTLEMEN:
BE IT RESOLVED, by this Board of County Commissioners of Genesee County, Michigan, that the request by the Chief Public Defender to authorize establishing, posting, and filling one Defender Specialist position, said position to be fully funded by the MIDC Grant 2921-283.00-702.000 and related fringe accounts with no County appropriation required, is approved (a copy of the memorandum request and supporting documentation being on file with the official records of the March 6, 2024 meeting of the Finance Committee of this Board), and the Chief Financial Officer is directed to record the attached budget amendment.
BE IT FURTHER RESOLVED, that this Board finds that extenuating circumstances exist supporting waiver of the hiring freeze, and directs the Director of Human Resources to have the necessary personnel position number created, as necessary, for said position and to commence the hiring process so that the position may be filled as soon as practicable in accordance with County policy and any applicable collective bargaining agreement.