Committee of the Whole 09/20/18. MIDC Reimbursement Update
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1 Committee of the Whole 09/20/18 MIDC Reimbursement Update 1
2 Committee of the Whole 07/19/18 MIDC Reimbursement 2
3 Resolution 11/9/2017 Approving the MIDC Compliance Plan: Remember that after submission, we were asked to resubmit our Compliance Plan on Feb 20, 2018, so the final approved grant request was reduced from $1,575,425 to $1,418,407. 3
4 Letter June 25, 2018 from MIDC: On June 21st the Governor signed the budget bill for the 2019 fiscal year that starts October 1, The bill contains $84.1 million in funding for grants to fund local systems compliance plans. Over the next months, the MIDC staff will be working with local systems toward transition and implementation of compliance plans, including distribution of grant funding. This is what I want to update you on today. 4
5 The Overview: Carl Macpherson and I met with Chris Dennie, our regional consultant/contact for the Michigan Indigent Defense Commission (MIDC) last week and were told: Reimbursement for the initial planning we did when we first hired Carl in 2016 ($47,550.36) might arrive anytime. Received Sometime after October 1, 2018, we should receive 20% of our grant ($1,370,857). Think of this as seed capital for implementing our plan to meet the first four standards. I estimate this to be approximately $275,000. Then, starting around the first of the year, on a quarterly basis, we will submit for the grant/reimbursement of our actual expenditures for maintaining our current staff of nine attorneys and two support staff and, if you approve them in the coming weeks the three full time investigators and three additional assistant public defenders. These were identified in the Compliance Plan which you approved by Resolution A on November 9, The amount of these quarterly reimbursements are expected to also be around $275k when we have fully implemented our new staffing levels. M.A.C. issue w/mic 100% up front or MIDC s proposed 20% plus quarterly reimbursement 5
6 Dept. of Treasury Directive 6
7 MIDC TEMPLATES MIDC Approved Grant template received on 9/10/18 Indigent Defense System Budget Grant Year October 1, September 2019 Unit Name (s) Berrien County Personnel Position Calculation hours and rate Total State Grant Local Share Sources Total Carl MacPherson Public Defender $53.09/hr 103, Approved 10/13/2016 Chief 0.00 Chris Renna Chief Assistant PD $48.37/hr 94, Approved 10/13/ Stephanie Farkas Asst. PD III $41.88/hr 81, Approved 10/13/ Scott Sanford Asst. PD III $46.17/hr 90, Approved 10/13/ Ryan Seale Asst. PD II $36.34/hr 70, Approved 10/13/ Brandon Barthelemy Asst. PD I $29.97/hr 58, Approved 10/13/ Jenn Fields Asst. PD I $29.97/hr 58, Approved 10/13/ Kaitlin Locke Asst. PD I $29.97/hr 58, Approved 10/13/ Jonathan Baber Asst. PD I $29.97/hr 58, Approved 7/27/2017 (PT to FT) 0.00 Jenny Grimm Office Manager 3, Approved 8/23/2018 (J. Grimm Position) 0.00 Regina Reitz Legal Secretary $14.00/hr 27, Approved 10/13/ Kristina Blackmore Legal Secretary $14.00/hr 27, Approved 10/13/ TBD Investigator Supervisor $20.51/hr 40, Compliance Plan 11/9/ TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 Category Summary 993, Fringe Benefits Percentage Amount State Grant Local Share Sources Total Current Staff Fringes total 273, New Investigator staff fringes total 75, New Attorney Staff fringes total 86, Category Summary 0.00% 435, Contracts for Attorneys Services Provided Calculation Total State Grant Local Share Sources Total Misd. Defense Contract Attorney 250, Richard Sammis Attorney up to 200 felonies 67, Jason Engram Attorney up to 200 felonies 67, Conflict Case Attorneys Attorney Various 50, Category Summary 435, Contracts for Experts and Investigators Services Provided Calculation Total State Grant Local Share Sources Total Conflict Investigator Investigation $30/hr 15, Experts - TBD Experts MIDC rates 85, Category Summary 100, Contracts Services Provided Calulation Total State Grant Local Share Sources Total Ruth Dozema Interpreter 40 $50/hr 2, Category Summary 2, Equipment Vendor Calculation Total State Grant Local Share Sources Total Computers 7 x $1,450 10, Software 7 x $375 2, Telephones 7 x $195 1, Category Summary 14, Training/Travel Vendor Calculation Total State Grant Local Share Sources Total CDAM Trial College - Bay City CDAM 4 x $750 reg. 3, CDAM Trial College - Bay city CDAM mileage CDAM Boot Camp - Muskegon CDAM 4 x $200 reg CDAM Boot Camp - Muskegon CDAM mileage CDAM Conference - Boyne City CDAM 10 x $300 reg 3, CDAM Conference - Boyne City CDAM meals CDAM Conference - Boyne City CDAM Hotel 2, CDAM Conference - Boyne City CDAM mileage 1, Category Summary 12, Supplies/Services Vendor Calculation Total State Grant Local Share Sources Total Printing 1, Case Files 8, General Supplies 3, Books (Westlaw Subscription) 12, Bar Dues (state and local) 3, Copier Charges 1, Office Equipment repair Copier Lease Filing/Copy fees 1, Category Summary 31, Budget Total 2,023,
8 Indigent Defense System Budget Grant Year October 1, September 2019 Unit Name (s) Berrien County Personnel Position Calculation hours and rate Total State Grant Local Share Sources Total Carl MacPherson Chief Public Defender $53.09/hr 103, Approved 10/13/ Chris Renna Chief Assistant PD $48.37/hr 94, Approved 10/13/ Stephanie Farkas Asst. PD III $41.88/hr 81, Approved 10/13/ Scott Sanford Asst. PD III $46.17/hr 90, Approved 10/13/ Ryan Seale Asst. PD II $36.34/hr 70, Approved 10/13/ Brandon Barthelemy Asst. PD I $29.97/hr 58, Approved 10/13/ Jenn Fields Asst. PD I $29.97/hr 58, Approved 10/13/ Kaitlin Locke Asst. PD I $29.97/hr 58, Approved 10/13/ Jonathan Baber Asst. PD I $29.97/hr 58, Approved 7/27/2017 (PT to FT) 0.00 Jenny Grimm Office Manager 3, Approved 8/23/2018 (J. Grimm Position) 0.00 Regina Reitz Legal Secretary $14.00/hr 27, Approved 10/13/ Kristina Blackmore Legal Secretary $14.00/hr 27, Approved 10/13/ TBD Investigator Supervisor $20.51/hr 40, Compliance Plan 11/9/ TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 Category Summary 993, Fringe Benefits Percentage Amount State Grant Local Share Sources Total Current Staff Fringes total 273, New Investigator staff fringes total 75, New Attorney Staff fringes total 86, Category Summary 0.00% 435, Contracts for Attorneys Services Provided Calculation Total State Grant Local Share Sources Total Misd. Defense Contract Attorney 250, Richard Sammis Attorney up to 200 felonies 67, Jason Engram Attorney up to 200 felonies 67, Conflict Case Attorneys Attorney Various 50, Category Summary 435, Contracts for Experts and Investigators Services Provided Calculation Total State Grant Local Share Sources Total Conflict Investigator Investigation $30/hr 15, Experts - TBD Experts MIDC rates 85, Category Summary 100, Contracts Services Provided Calulation Total State Grant Local Share Sources Total Ruth Dozema Interpreter 40 $50/hr 2, Category Summary 2, Equipment Vendor Calculation Total State Grant Local Share Sources Total Computers 7 x $1,450 10, Software 7 x $375 2, Telephones 7 x $195 1, Category Summary 14, Training/Travel Vendor Calculation Total State Grant Local Share Sources Total CDAM Trial College - Bay City CDAM 4 x $750 reg. 3, CDAM Trial College - Bay city CDAM mileage CDAM Boot Camp - Muskegon CDAM 4 x $200 reg CDAM Boot Camp - Muskegon CDAM mileage CDAM Conference - Boyne City CDAM 10 x $300 reg 3, CDAM Conference - Boyne City CDAM meals CDAM Conference - Boyne City CDAM Hotel 2, CDAM Conference - Boyne City CDAM mileage 1, Category Summary 12, Supplies/Services Vendor Calculation Total State Grant Local Share Sources Total Printing 1, Case Files 8, General Supplies 3, Books (Westlaw Subscription) 12, Bar Dues (state and local) 3, Copier Charges 1, Office Equipment repair Copier Lease Filing/Copy fees 1, Category Summary 31, Budget Total 2,023, MIDC Spreadsheet vs Budget? 8
9 Average (Exp-Atty fees) of 3 FY s: $562,717 This is our local share. We must continue to spend that for adult indigent defense each year. 9
10 Indigent Defense System Budget Grant Year October 1, September 2019 Unit Name (s) Berrien County Oct 1, 2018 Sep 30, 2019 Prepared Oct, 2017 Personnel Position Calculation hours and rate Total State Grant Local Share Sources Total Carl MacPherson Chief Public Defender $53.09/hr 103, Approved 10/13/ Chris Renna Chief Assistant PD $48.37/hr 94, Approved 10/13/ Stephanie Farkas Asst. PD III $41.88/hr 81, Approved 10/13/ Scott Sanford Asst. PD III $46.17/hr 90, Approved 10/13/ Ryan Seale Asst. PD II $36.34/hr 70, Approved 10/13/ Brandon Barthelemy Asst. PD I $29.97/hr 58, Approved 10/13/ Jenn Fields Asst. PD I $29.97/hr 58, Approved 10/13/ Kaitlin Locke Asst. PD I $29.97/hr 58, Approved 10/13/ Jonathan Baber Asst. PD I $29.97/hr 58, Approved 7/27/2017 (PT to FT) 0.00 Jenny Grimm Office Manager 3, Approved 8/23/2018 (J. Grimm Position) 0.00 Regina Reitz Legal Secretary $14.00/hr 27, Approved 10/13/ Kristina Blackmore Legal Secretary $14.00/hr 27, Approved 10/13/ TBD Investigator Supervisor $20.51/hr 40, Compliance Plan 11/9/ TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 TBD Investigator $16.67/hr 32, Compliance Plan 11/9/2017 Category Summary 993, Fringe Benefits Percentage Amount State Grant Local Share Sources Total Current Staff Fringes total 273, New Investigator staff fringes total 75, New Attorney Staff fringes total 86, Category Summary 0.00% 435, Contracts for Attorneys Services Provided Calculation Total State Grant Local Share Sources Total Misd. Defense Contract Attorney 250, Richard Sammis Attorney up to 200 felonies 67, Jason Engram Attorney up to 200 felonies 67, Conflict Case Attorneys Attorney Various 50, Category Summary 435, Contracts for Experts and Investigators Services Provided Calculation Total State Grant Local Share Sources Total Conflict Investigator Investigation $30/hr 15, Experts - TBD Experts MIDC rates 85, Category Summary 100, Contracts Services Provided Calulation Total State Grant Local Share Sources Total Ruth Dozema Interpreter 40 $50/hr 2, Category Summary 2, Equipment Vendor Calculation Total State Grant Local Share Sources Total Computers 7 x $1,450 10, Software 7 x $375 2, Telephones 7 x $195 1, Category Summary 14, Training/Travel Vendor Calculation Total State Grant Local Share Sources Total CDAM Trial College - Bay City CDAM 4 x $750 reg. 3, CDAM Trial College - Bay city CDAM mileage CDAM Boot Camp - Muskegon CDAM 4 x $200 reg CDAM Boot Camp - Muskegon CDAM mileage CDAM Conference - Boyne City CDAM 10 x $300 reg 3, CDAM Conference - Boyne City CDAM meals CDAM Conference - Boyne City CDAM Hotel 2, CDAM Conference - Boyne City CDAM mileage 1, Category Summary 12, Supplies/Services Vendor Calculation Total State Grant Local Share Sources Total Printing 1, Case Files 8, General Supplies 3, Books (Westlaw Subscription) 12, Bar Dues (state and local) 3, Copier Charges 1, Office Equipment repair Copier Lease Filing/Copy fees 1, Category Summary 31, How do we correlate the numbers? Jan 1, 2019 Dec 31, 2019 Prepared Sep 9, Total Proposed Budget $2,597,649 (2019 Juvenile Contracts) ($344,932) (2019 Estimated Atty Fees) ($176,000) $2,076,717 C/P Approved Activities $2,076,717 "Local Share" ($562,717) $1,514, Budget Total 2,023,
11 Approximate cost of 6 new FTE s ($438k) Est. Annualized MIDC Reimbursement ($1,461,000). Savings to GF AFTER adding 6 new FTE s ($1,023k) 11
12 WHAT HAPPENS NOW? 1. Financial Services will complete the establishment of the 260 Activity in the special funds effective 1 October, Friday, Sep 28 th, is the closing date for Chief Public Defender applications. I ll ask the Chair to convene the Committee on Committees (Interview Committee) to discuss the next step. 3. We will work with the MIDC to complete the grant spreadsheet, adjusting the numbers to reflect 4 th Quarter 2018 and 2019 Budget estimates. 4. When the spreadsheet is accepted by the MIDC, they will send the formal grant document for review and Board of Commissioner approval. An approved plan cannot be changed without approval of the Commission. Although no one has asked yet to do it, I believe that those requests will be closely scrutinized and will need to have a valid reason. It definitely will affect the funding, especially if the approved plan is not followed or changes are instituted before gaining approval. Also, I believe that spending done outside of the approved plan and cost analysis would not be reimbursable through the grant process. MIDC Regional Manager 8/20/ Upon submission of the Board approved grant contract, we should expect our first 20% payment (or more) within 45 days. 6. Upon receipt of the initial payment (Oct-Nov), we will ask for the Board s final approval of the 6 additional FTE s needed to comply with the grant and attain the first four Indigent Defense Standards prior to April 1 st, 2019 (180 days). 7. We will attempt to be a full complement by January 1 st,
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