COUNTY OF SAN MATEO

Inter-Departmental Correspondence

SHERIFF’S OFFICE

DATE:

October 21, 2009

BOARD MEETING DATE:

December 1, 2009

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Greg Munks, Sheriff

SUBJECT:

Discharge of Accountability of Collection Effort of Delinquent Accounts from Former Participants in the Sheriff’s Work Program.

RECOMMENDATION:

Adopt a resolution authorizing discharge of accountability of collection effort for the Sheriff’s Office for delinquent accounts from former participants in the Sheriff's Work Program (SWP) in the amount of $5,280.

BACKGROUND:

As an alternative to incarceration, the Sheriff’s Work Program (SWP), allows participants to report on scheduled days to designated work sites where they perform public service and to return home in the evening. Participants are currently charged a $60 application fee, a $20 per diem rate for each day they participated in the program and a rescheduling fee of $35.00. The Board of Supervisors in Resolution No. 65244 approved these fees on May 7, 2002.

The fees are also charged or waived in compliance with Section 1208.2 of the Penal Code which states that “no person shall be denied consideration for, or be removed from, participation in any of the programs to which this section applies because of an inability to pay all or a portion of the program supervision fees.” The department does, however, make a reasonable effort to collect all revenue, and also complies with the County policy by forwarding all delinquent accounts exceeding $50 to the County Revenue Services Department.

This is for the period from July 1, 2006 to June 30, 2009.

DISCUSSION:

The Sheriff's Office is requesting authorization to clear these uncollectible fees from its accounts receivable. California Government Code 25257 provides that any county officer who is charged by law with the collection of money which is due and payable to the county may apply to the board of supervisors for a discharge from accountability for the collection thereof if the amount is too small to justify the cost of collection, the likelihood of collection does not warrant the expense involved, or the amount thereof has been otherwise lawfully compromised or adjusted. The Sheriff is requesting a discharge of accountability of collection efforts for accounts that have proved uncollectible through department efforts, and discharge is also requested because County Revenue Services will not attempt to collect these accounts, as it is not cost-effective to attempt collection of amounts less than $50.

County Counsel has reviewed and approved the memo and Resolution as to form.

Approval of this request contributes to the Shared Vision 2025 outcome of a Healthy Community by promoting safe neighborhoods and achieving seamless services within the Sheriff’s Work Program.

FISCAL IMPACT:

There is no impact on the County’s General Fund.