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Sheriff's Office recommending the Board:
1) Authorize the Chair to sign a Memorandum of Understanding (MOU) between the Sheriff's Office and the El Dorado County Superior Court, whose mutual goal in this agreement is to provide maximum court security for the term July 1, 2016 through June 30, 2017, in an amount not to exceed $3,860,370; and
2) Adopt and authorize the Chair to sign Resolution 126-2016, which amends the Authorized Personnel Allocation Resolution for the Sheriff to add one (1) full time equivalent Sergeant.
FUNDING: State of California Court Security Realignment Funding.
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DEPARTMENT RECOMMENDATION
Sheriff's Office (SO) recommends the approval and signing of this new MOU to continue providing reimbursable Court Security/Bailiff services to the Superior Court for FY 2016/17.
SO recommends the Board adopt a resolution adding (1) one full-time equivalent (FTE) Sergeant position to be funded in the current Fiscal Year 2016/2017 MOU. This position will be covered by the State of California Court Security Realignment funding and will not change Net County Cost.
DISCUSSION / BACKGROUND
Historically, Counties had the primary responsibility of funding trial courts, constructing and maintaining Court facilities and employing most Court employees. Beginning in Fiscal Year 2011/12, as part of Trial Court Realignment, the State of California Superior Court Act of 2012 established the Trial Court Security Account to fund court security. Aside from two Counties in the State of California where the court security is provided by a marshal, the Sheriff is responsible for providing the necessary court security services. The Sheriff negotiates the MOU with the Superior Court specifying an agreed-upon level of court security services and any other agreed-upon governing or operating procedures and brings it to the Board for consideration.
In El Dorado County, the Sheriff's Office provides personnel for the performance of traditional bailiff services for judicial officers; courtroom security; perimeter screening of the public and other court users and staff; patrol of the interior Court Facilities, security of holding cells in Court Facilities, security and protection of judges, judicial officers, court staff and jurors within Court Facilities, as well as incident response in the Clerk's Offices, Court Administration, Family Court Services and identification of potential threats to the security of the Court. The Sheriff's Office is also responsible for the purchase of equipment and supplies necessary to perform these services. The State of California Court Security Realignment monies fund the Sheriff's Office personnel used to provide Security for the Courts and the equipment and supplies necessary to perform the services.
During the discussions with the Superior Court in preparing the MOU for FY 2016/17 and assessing staffing needs, it was determined that an additional Sergeant is needed in the Bailiff Division for the Courts in South Lake Tahoe. Currently we have one Sergeant that supervises Court Security Officers and Bailiffs in both the Placerville and South Lake Tahoe court locations. With the approval of a new Sergeant Position, we will be able to have a Sergeant in Placerville and in South Lake Tahoe.
ALTERNATIVES
Failure to approve this MOU would mean that Court Security services will not be able to continue beyond the Fiscal Year 2015/2016.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Superior Court, County Counsel and Risk Management.
CAO RECOMMENDATION
Approve as recommended, noting that if the funding for the additional Sergeant position is not included in future years' MOU's, the position will have to be deleted.
FINANCIAL IMPACT
There is no Net County Cost associated with this item. Costs for services provided to the Superior Court are offset through the Court Security Realignment Funding. All necessary budget recommendations are included in the Fiscal Year 2016/17 Budget.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Please forward two signed originals to the Sheriff's Office for distribution.
STRATEGIC PLAN COMPONENT
Public Safety
CONTACT
Undersheriff Randy Peshon