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HomeMy WebLinkAbout09475ORDINANCE NO. 9475 AN ORDINANCE APPROVING AND ACCEPTING SUPPLEMENTAL FUNDS FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS DEFENSE COUNSEL FIRST APPEARANCE GRANT AND BUDGETING AND APPROPRIATING FUNDS INTO PROJECT PS1814 WHEREAS, effective July 1, 2018 the Colorado State Legislature amended C.R.S. § 13- 10-114.5 to require that all defendants before the municipal court who are in custody and face a possible jail sentence be provided court appointed counsel at their initial appearance and continue that appointment as long as they remain in custody or if they are determined to be indigent. WHEREAS, The Department of Local Affairs (DOLA) created the Defense Counsel First Appearance Grant Program (DCFA) to reimburse in whole or in part, costs associated with the provisions of C.R.S. § 13-10-114.5. WHEREAS, the City of Pueblo Municipal court requested funds from the DCFA to be used to defray the cost of compliance with C.R.S. § 13-10-114.5. WHEREAS, DOLA granted the Pueblo Municipal Court’s requested and awarded the Pueblo Municipal Court $136,800 in DCFA funds. WHEREAS, the Pueblo Municipal Court has been awarded supplemental funds in the amount of $77,175 and may be awarded additional supplemental funds in the future. WHEREAS, it is the City’s understanding that DOLA will continue to award supplemental funds under the DCFA grant until the DCFA grant funds are exhausted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Colorado Department of Local Affairs supplemental grant award in the amount of $77,175 is hereby accepted and approved. SECTION 2. The Pueblo Municipal Court is empowered to apply for and accept additional supplemental grant funds from the Defense Counsel First Appearance Grant Program as those funds are awarded by the Department of Local Affairs. SECTION 3. All current and future funds accepted under this ordinance shall be budgeted and appropriated into Project Number PS1814 by the Finance Department. SECTION 4. The Presiding Municipal Court Judge is directed and authorized to perform any and all acts consistent with C.R.S. § 13-10-114.5 and the DCFA. SECTION 5. This Ordinance shall become effective on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on May 28, 2019 . Final adoption of Ordinance by City Council on June 10, 2019 . President of City Council Action by the Mayor: ☒ Approved on June 13, 2019 . ☐ Disapproved on based on the following objections: _ Mayor Action by City Council After Disapproval by the Mayor: □ Council did not act to override the Mayor's veto. □ Ordinance re-adopted on a vote of , on □ Council action on _______ failed to override the Mayor’s veto. President of City Council ATTEST Acting City Clerk City Clerk’s Office Item # R-2 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 28, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, Acting City Clerk FROM: Carla Sikes, Municipal Court Judge SUBJECT: AN ORDINANCE APPROVING AND ACCEPTING SUPPLEMENTAL FUNDS FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS DEFENSE COUNSEL FIRST APPEARANCE GRANT AND BUDGETING AND APPROPRIATING FUNDS INTO PROJECT PS1814 SUMMARY: Municipal Court is requesting City Council approve the acceptance of supplemental Defense Counsel First Appearance grant funds to help defray the cost of court appointed counsel. PREVIOUS COUNCIL ACTION: The City approved Ordinance No. 9397 on January 22, 2019 establishing project No. PS1814 and accepting $136,800 in grant funds from the Department of Local Affairs. BACKGROUND: Effective July 1, 2018 the Colorado State Legislature amended C.R.S. § 13-10-114.5 to require that all defendants before the municipal court who are in custody and face a possible jail sentence be provided court appointed counsel at their initial appearance and continue that appointment as long as they remain in custody or if they are determined to be indigent. The Department of Local Affairs (DOLA) created the Defense Counsel First Appearance Grant Program (DCFA) to reimburse in whole or in part, costs associated with the provisions of C.R.S. § 13-10-114.5. The City of Pueblo Municipal Court requested funds from the DCFA to be used to defray the cost of compliance with C.R.S. § 13-10-114.5. An initial award of $136,800 was applied for and awarded to the City of Pueblo Municipal Court. DOLA has informed the Court that the grant has not been exhausted and supplemental funds are available. The City has been awarded an additional $77,175 in DCFA funds. It is the Court’s understanding that additional awards of supplemental funds will be issued by DOLA until the funding for DCFA has been exhausted. The Court is seeking to have the ongoing authority to apply for and accept grant funds from the DCFA as those funds become available. FINANCIAL IMPLICATIONS: This grant will help defray the cost associated with court appointed counsel. There are no matching funds required from the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Deny the appropriation of supplemental funds. Municipal Court will be required to pay for court appointed counsel out of its current budget. RECOMMENDATION: Not applicable to this Ordinance. Attachments: Letter awarding the Pueblo Municipal Court supplemental DCFA grant funds in the amount of $77,175.