COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager's Office

DATE:

September 16, 2002

BOARD MEETING DATE:

October 8, 2002

TO:

Honorable Board of Supervisors

FROM:

Paul Scannell, Assistant County Manager

SUBJECT:

Amendment to contract with Private Defender Program

Recommendation

Adopt a Resolution:

1) Authorizing the President of the Board of Supervisors to execute an amendment to the Agreement with the San Mateo County Bar Association for Private Defender services; and

2) Authorizing the County Manager to execute further amendment(s) to the Agreement for the aggregate sum of $100,000 per fiscal year for the term of the Agreement.

Background

The County is obligated to provide legal services for those financially unable to retain private counsel. Through a contractual agreement with the County, the San Mateo County Bar Association has been providing legal services under the Private Defender Program (PDP) to all financially eligible persons since 1968. On August 21, 2001 your board approved an agreement with the San Mateo County Bar Association for the provision of PDP services for the period of September 1, 2001 through June 30, 2006. Under the terms of that agreement the Bar Association provides legal services for all financially eligible persons entitled to court-appointed counsel, including representation in criminal cases, juvenile cases, mental health cases, and certain civil and miscellaneous cases. Currently, services for mental health cases allows for representation at Mills-Peninsula Hospital and San Mateo County General Hospital at a maximum of two hearings per week at each facility, for a total of 208 hearing appearances annually. The PDP also provides backup representation at Sequoia Hospital and the Veterans Administration Hospital when the Health Department representative is unavailable, up to a maximum of 20 hearings annually.

Discussion

Mental Health Services has negotiated a one-year amendment with the Bar Association to add primary representation for mental health cases at Sequoia Hospital and the Veteran's Administration. The total number of hearing appearances at the four sites will be increased from 208 to 416 annually.

By mutual agreement the term of this amendment is only one year. Both Mental Health and the Bar Association will be evaluating the feasibility of this arrangement during this fiscal year. If it is not mutually agreed upon to continue this arrangement, Mental Health will initiate a Request For Proposals process for the provision of these services in the future. Because of the uncertainty regarding future services, it is requested that the County Manager be authorized to make further amendments to the Agreement. The amendments would be limited to the aggregate sum of $100,000 per fiscal year, for the term of the agreement.

County Counsel has reviewed the Resolution and Amendment.

Vision Alignment

This amended agreement with the San Mateo County Bar Association ensures the commitment to Ensure Basic Health and Safety for All and goal number 8: Help vulnerable people-the aged, disabled, mentally ill, at risk youth, and others- achieve a better quality of life. The amended agreement contributes to this commitment by providing legal representation to the mentally ill.

Fiscal Impact

The amendment increases total compensation to the Bar Association for services provided during FY 2002-03 by $30,000, from $10,977,462 to $11,007,462, and makes a corresponding increase in Mental Health's contribution from $68,476 to $98,476. Funds have been included in Mental Health Services FY 2002-03 budget for this purpose.