Title
a. Add one FTE Commander position in the Sheriff’s Budget Unit, 001-2300-SHE003-8234 funded by the Trial Court Security Account; and
b. Direct and Authorize the Auditor-Controller’s Office to increase appropriations in Fiscal Year 2024-2025 by $76,500 in Budget Unit 001-2300-SHE003-8234 financed by increased revenues from Trial Court Security Account in the amount of $76,500 in Budget Unit 001-2300-SHE003-8234; and
c. Direct and Authorize the Auditor-Controller’s Office to incorporate approved budget modifications to the FY 2024-25 Budget, and the County Administrative Office to reflect these approved changes in the FY 2025-26 Adopted Budget. (ADDED VIA ADDENDA)
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors Budget Committee:
a. Add one FTE Commander position in the Sheriff’s Budget Unit, 001-2300-SHE003-8234 funded by the Trial Court Security Account; and
b. Direct and Authorize the Auditor-Controller’s Office to increase appropriations in Fiscal Year 2024-2025 by $76,500 in Budget Unit 001-2300-SHE003-8234 financed by increased revenues from Trial Court Security Account in the amount of $76,500 in Budget Unit 001-2300-SHE003-8234; and
c. Direct and Authorize the Auditor-Controller’s Office to incorporate approved budget modifications to the FY 2024-25 Budget, and the County Administrative Office to reflect these approved changes in the FY 2025-26 Adopted Budget.
SUMMARY/DISCUSSION:
The Monterey County Sheriff’s Office (MCSO) provides public safety services to the residents of the County of Monterey. Services include 24-hour uniformed patrol, the investigation of crimes, criminal records management, and community policing. It is also responsible for providing security at the three State of California Superior Court courthouses located in the County of Monterey. The agreement for those services is memorialized in a Memorandum of Agreement between the Superior Court of California, County of Monterey and the Monterey County Sheriff’s Office.
The current Memorandum of Understanding (MOU) between the Court and the County for Court Security Services became effective July 1, 2016, until June 30, 2017.
As provided in Government Code §69926(f), the MOU would remain in effect, to the extent consistent with applicable law and the Sheriff will continue to provide court security until the parties enter into a new memorandum of understanding. To date, no new MOU has been signed and legal standards require the Sheriff to perform the duties as noted in the MOU that expired in 2017.
Based on the current MOU, the Sheriff will provide court security through its Court Services Division through staffing of (1) commander, (2) sergeants, and (20) deputy sheriffs. The Sheriff's Court Services Commander is the designated representative of the Sheriff’s Office and is responsible for overseeing the Sheriff’s Office staff, the overall operation of the Court services security division and is the liaison between the Court, Court Security Contractor, and the Sheriff's Office.
In 2018 to help offset budget deficit, the Executive Officer of the Monterey Superior Court at that time cut the commander position as well as roving court security positions. At that time, it was agreed upon that the reductions below the 2011 baselines were temporary accommodation to address the Court’s budgetary emergency. The commander duties were absorbed into one of the jail operational commanders, limiting management oversight of the Court operations and Sheriff’s staff, as well as increasing the burden on jail management.
In 2020, the Monterey County Superior Court published its 2020-2023 Strategic Plan. In that Strategic Plan, Long-Range Goal 1, Objective 3 Enhance courthouse safety and security. Filling the Court Services Commander is essential to meeting this objective.
The Sheriff will assign one (1) full-time Commander, to provide direct supervision of the Sergeants and Deputies and oversee Court Security Services at all court locations. This position will also be available to provide relief coverage as necessary. The Commander will be assigned to the Court Services Division on a full-time basis.
The Court Services Commander position will be funded with the Trial Court Security Account pursuant to Government Code §30029.05. Filling this required position will cost approximately $306,000 in salary and benefits a year. In FY 2023-24, the County of Monterey received $4,833,378 from the State for court security operations. Only $4,599,220 was charged against the Trial Court Security Account. This increased the surplus balance of the Trial Court Security Account from $1,199,852 to $1,434,009. It is anticipated there would be roughly $75,000 drawn against the trust account surplus annually. With a current surplus balance, it is estimated that sufficient funds exist to fund the position for approximately 20 years.
The MCSO recommends adding back the position of Sheriff Commander to be compliant with the current MOU. The Sheriff’s Office will be working with the State of California to negotiate a new MOU in the near future.
OTHER AGENCY INVOLVEMENT:
The Office of County Counsel has reviewed and advised on this recommendation as to legal form. The County Administrative Office reviewed the report and Human Resource Department concurs with the recommendation.
FINANCING:
The costs for the Court Services Commander will be funded by the existing funds received by the Sheriff’s Office from the State of California for Courthouse security the court trust fund. Future year personnel costs will be included in the Office's requested budget. There will be no additional cost to the County General Fund as a result of the recommendation.
Prepared By: Tim Lanquist, Chief Deputy, ext. 3887
Reviewed By: Keith Boyd, Undersheriff
Approved By: Tina Nieto, Sheriff/Coroner, ext. 3750
Attachments:
Budget Committee Report
Attachment A_FY 2016-17 Court Security MOU