Title
a. Approve and authorize the Treasurer-Tax Collector Revenue Division’s Application for Discharge from Accountability for approximately $2.9 million dollars in delinquent court-ordered criminal and traffic fines, fees, penalties, and assessments determined to be uncollectible because the likelihood of collection does not warrant the expense involved, pursuant to Government Code Section 25257; and
b. Authorize the Treasurer-Tax Collector, or designee, to take all necessary and appropriate actions to discharge the accountability of the delinquent court-ordered accounts pursuant to Government Code section 25259 and report the discharge to the Superior Court of Monterey County as required by law.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve and authorize the Treasurer-Tax Collector Revenue Division’s Application for Discharge from Accountability for approximately $2.9 million in delinquent court-ordered criminal and traffic fines, fees, penalties, and assessments determined to be uncollectible because the likelihood of collection does not warrant the expense involved, pursuant to Government Code Section 25257; and
b. Authorize the Treasurer-Tax Collector, or designee, to take all necessary and appropriate actions to discharge the accountability of the delinquent court-ordered accounts pursuant to Government Code section 25259 and report the discharge to the Superior Court of Monterey County as required by law.
SUMMARY:
In compliance with the County’s Memorandum of Understanding (MOU) with the Superior Court of Monterey County, the Treasurer-Tax Collector Revenue Division (TTCRD) collects delinquent criminal and traffic fines, fees, penalties, and assessments. One of the agreements of the parties’ MOU based on Judicial Council best practices is to perform a discharge from accountability annually when the cost of collection exceeds the potential value collected from aged accounts.
The TTCRD is requesting Board approval of its Application for Discharge from Accountability for 6,154 delinquent court-ordered accounts totaling $2,898,186.57. The accounts have been determined to be uncollectible because the likelihood of collection does not warrant the expense involved in continued collection efforts.
A discharge from accountability relieves the TTCRD from collection responsibility but does not release any person from payment liability of discharged accounts.
DISCUSSION:
Pursuant to Government Code Sections 25257-25259.95, discharge from accountability may be performed on infractions, misdemeanors, and felonies once collecting entities determine them uncollectible. Government Code Section 25257(b) authorizes and establishes that any collection program operated by a county may apply to the Board of Supervisors for a discharge from accountability of court-ordered debt if the likelihood of collection does not warrant the expense involved.
Government Code Section 25258 identifies the information to be included in an application for discharge, and Section 25259 provides for the discharge of the collecting entity from further accountability upon approval by the Board of Supervisors. The discharge from accountability relieves the TTCRD from further accountability for collection of the identified accounts but does not release any person from liability for the discharged debt.
The TTCRD is requesting to discharge 6,154 accounts totaling $2,898,186.57, consisting of 1,915 infraction and misdemeanor traffic accounts totaling approximately $1 million and 4,239 misdemeanor and felony criminal accounts totaling approximately $1.9 million.
No payment activity has occurred on these accounts for more than 10 years, and reasonable collection efforts have been exhausted. Based on the age of the accounts and the likelihood of collection, continued collection efforts do not warrant the expense involved.
The names of the persons liable, amounts owed, case numbers, case types, dates of last payment, and other account-level information are maintained in the official records of the TTCRD and are available for review on the TTC website at Discharge of Accountability <http://www.countyofmonterey.gov/government/departments-i-z/treasurer-tax-collector/discharge-of-accountability> until at least until at least November 6, 2026, and posted by the Superior Court for at least three weeks. The detailed account information associated with the Application for Discharge from Accountability is also included in the records maintained by the County Clerk of the Board.
Following Board approval, the TTCRD will discharge the identified accounts from its accountability and provide the Superior Court of Monterey County with the required report of discharged court-ordered debt. The Judicial Council’s Discharge from Accountability Information Sheet states that the report should include, at a minimum, the case number, case type, amount discharged, and number of years since the debt became delinquent or date of last payment.
OTHER AGENCY INVOLVEMENT/COMMITTEE ACTIONS:
The Superior Court of Monterey County has been provided notice of the proposed discharge. Following Board approval, the TTCRD will provide the Superior Court with the required report of court-ordered debt discharged from accountability pursuant to Government Code Section 25259.
County Counsel concurs with the recommended actions.
FINANCING:
The 6,154 accounts included in the Application represent approximately $2.9 million in delinquent court-ordered debt. These amounts are not recorded as County financial statement receivables and therefore the proposed discharge will have no General Fund financial impact. The discharge will allow TTCRD staff to focus collection resources on accounts for which continued collection efforts are more likely to be productive.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
Mark a check to the related Board of Supervisors Strategic Plan Goals
____ Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
____ Safe and Resilient Communities
____ Diverse and Thriving Economy
____ Dynamic Organization and Employer of Choice
If does not fall under any of the above Board of Supervisors Strategic Plan Goals (Other):
_X__ Administrative
This recommendation supports the administrative initiative by complying with the County’s MOU with the Superior Court of Monterey County and improving the efficiency of the County’s court-ordered debt collection program.
Link to the Strategic Plan:
<https://www.countyofmonterey.gov/home/showdocument?id=139569>
Prepared by: Rigoberto Gonzalez, Management Analyst II, x5379
Approved by: Jake Stroud, Treasurer-Tax Collector, x5828
Attachments:
Attachment A - Application for Discharge from Accountability
Attachment B - Discharge from Accountability Information Sheet
cc: Monterey County Superior Court