COUNTY OF SAN MATEO

Inter-Departmental Correspondence

County Manager’s Office

DATE:

January 20, 2011

BOARD MEETING DATE:

January 25, 2011

SPECIAL NOTICE/HEARING:

None

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

David S. Boesch, County Manager

SUBJECT:

Memorandum of Understanding between the County and the Superior Court

RECOMMENDATION:

Adopt a Resolution authorizing the:

A)

President of the Board to execute a Memorandum of Understanding between the Superior Court of San Mateo County and the County of San Mateo; and

B)

County Manager or designee to execute amendments which modify the County’s maximum fiscal obligation by no more than $25,000 (in aggregate), and/or modify the contract term and/or services so long as the modified term or services is/are within the current or revised fiscal provisions.

BACKGROUND:

In 1998, pursuant to the Lockyer-Isenberg Trial Court Funding Act of 1997, the State assumed responsibility for funding of “Trial Court Operations”, as defined in Government Code section 77003 and California Rules of Court, Rule 10.810. Since that date, the Court has requested the County to continue to provide certain Trial Court Operation services. The County and the Court have entered into Memorandums of Understanding (“MOU’s”) in regards to these services.

DISCUSSION:

The most recent MOU between the Court and the County for services was entered into on February 15, 2000, and is outdated. The Court would like the County to continue providing certain services including: security; computer and other data information system support; custodial maintenance; motor vehicle services; human resources services; payroll and other related services; collections; trust fund related services; non-litigation legal services; appointed counsel in juvenile court dependency proceedings; mail processing and printing; certain evaluations of competency; participation in self insurance and excess insurance programs. The Court will reimburse the County for the cost of providing these services consistent with California Rules of Court, Rule 10.810.

The proposed MOU memorializes that the provision of supplemental active and retiree health benefits at the County’s expense will not be extended to judges appointed or elected to the bench on or after July 1, 2010.

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

This Agreement contributes to the Shared Vision 2025 Collaborative Community by continuing our partnerships with the Court and approaching issues with fiscal accountability.

FISCAL IMPACT:

This MOU results in minimal fiscal impact. The implementation of the Lockyer-Isenberg Trial Court Funding act essentially capped the County's fiscal obligations to the Court at FY 1997-98 levels. This MOU is consistent with the tenets of the Act and subsequent clean-up legislation. One change that will have no fiscal impact in the short-term but will result in future savings is the supplemental judicial benefits. The current annual costs of these benefits is approximately $450,000. Because the benefits will not be provided at the County’s expense to those judges appointed on or after July 1, 2010, this expense will decrease over time. For County provided services that are defined as "court operations" under California Rules of Court, Rule 10.810, the Court will compensate the County monthly, or at intervals to be agreed upon in separate service level agreements, at rates that do not exceed those charged to other County departments or special districts for the same or similar services.