REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 11, 2025
FROM
THOMAS W. SONE, Public Defender
SUBJECT
Title
Employment Contracts for the Second Chance Program
End
RECOMMENDATION(S)
Recommendation
Approve amendments to the following employment contracts, effective February 22, 2025, for the Second Chance Program:
1. Amendment No. 1 to Contract No. 24-122 with Melissa Hogan as a Paralegal, extending the term by 22 months, for a total contract term of February 10, 2024 to December 31, 2026, for an estimated annual cost of $97,013 ($66,683 Salary, $30,330 Benefits).
2. Amendment No. 2 to Contract No. 22-731 with Karla Barron as a Mitigation Specialist, adding contract language to include participation in the County’s general retirement system during the remaining term of the contract, and extending the term by over 16 months, for a total contract term of August 13, 2022 to December 31, 2026, for an estimated annual cost of $160,089 ($103,460 Salary, $55,629 Benefits)
3. Amendment No. 1 to Contract No. 23-193 with Evelyn O. Uba as a Deputy Public Defender, adding contract language to include participation in the County’s general retirement system during the remaining term of the contract, and extending the term by 22 months, for a total contract term of March 25, 2023 to December 31, 2026, for an estimated annual cost of $132,966 ($87,036 Salary, $45,930 Benefits).
4. Amendment No. 1 to Contract No. 23-194 with Teresa Veduzco Villa as a Paralegal, adding contract language to include participation in the County’s general retirement system during the remaining term of the contract, and extending the term by 22 months, for a total contract term of March 25, 2023 to December 31, 2026, for an estimated annual cost of $110,037 ($77,191 Salary, $32,846 Benefits).
5. Amendment No. 1 to Contract No. 23-1021 with Francisco Robles as a Paralegal, adding contract language to include participation in the County’s general retirement system during the remaining term of the contract, and extending the term by 22 months, for a total contract term of October 7, 2023 to December 31, 2026, for an estimated annual cost of $106,571 ($74,567 Salary, $32,004 Benefits)
6. Amendment No. 2 to Contract No. 22-733 with Karina Gonzalez Dorado as an Office Assistant III, changing the name of the employee to Karina Vartanian, adding contract language to adjust the salary grade and position title in the same manner and time as regular Office Assistant III positions in the Public Defender, as well as participation in the County’s general retirement system during the remaining term of the contract, and extending the term of the contract by over 16 months, for a total contract term of August 13, 2022, to December 31, 2026, for an estimated annual cost of $93,669 ($55,939 Salary, $37,730 Benefits).
7. Amendment No. 1 to Contract No. 23-1020 with Cecelia Smith as an Office Assistant III, adding contract language to adjust the salary grade and position title in the same manner and time as regular Office Assistant III positions in the Public Defender, as well as participation in the County’s general retirement system during the remaining term of the contract, and extending the term of the contract by 22 months, for a total contract term of October 7, 2023 to December 31, 2026, for an estimated annual cost of $85,474 ($49,736 Salary, $35,738 Benefits).
8. Amendment No. 1 to Contract No. 24-332 with Donna Gephart-Robinson as a Deputy Public Defender IV, adding contract language to include the Modified Benefit Option during the remaining term of the contract, and extending the term of the contract by 22 months, for a total contract term of May 4, 2024 to December 31, 2026, for the estimated annual cost of $195,669 ($175,532 Salary, $20,137 Benefits).
(Presenter: Thomas W. Sone, Public Defender, 382-3950)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Create, Maintain and Grow Jobs and Economic Value in the County.
Operate in a Fiscally-Responsible and Business-Like Manner.
Provide for the Safety, Health and Social Service Needs of County Residents.
FINANCIAL IMPACT
Approval of this item will not result in the use of additional Discretionary General Funding (Net County Cost). The estimated annual cost of the employment contracts is $981,488. The employment contracts will be funded by the Public Defense Pilot Program Grant (Grant), which is administered by the California Board of State and Community Corrections (BSCC). The Grant, established by the State of California Budget Act of 2021 and augmented by the Budget Act of 2023, has allocated $7,621,947 to the County for indigent defense services related to legislative criminal resentencing and parole reform initiatives. The Public Defender (Department) utilizes the Grant award to fund its Second Chance Program (Program).
The Program budget (491-2753) has adequate appropriation and revenue for the 2024-25 program requirements. Adequate appropriations will be included in future recommended budgets.
BACKGROUND INFORMATION
Each contract will support the Program, developed to pursue criminal sentencing and parole reforms, as well as conviction relief. The Deputy Public Defender position performs indigent criminal defense litigation services, including jury trials and preparing legal pleadings. The Mitigation Specialist position reviews case files, documents, and various reports to evaluate the client’s mental state and provide mitigation evidence at hearings, prepares reports. and makes recommendations for mitigation purposes and to facilitate client access to appropriate resources. Paralegal positions prepare and file various legal documents, coordinate witnesses and experts, perform legal research, and may lead a clerical team to advance client resentencing efforts. Office Assistant positions organize case files, legal documents, depositions and trial exhibits and assist attorneys with case research, court filings and hearing preparation.
California Senate Bill 129 Budget Act of 2021 appropriated $49,500,000, per year for three years, for the Public Defense Pilot Program to provide each county supplemental indigent defense funding to effectuate legislative reforms in criminal sentencing and parole, as well as a responsible approach to decarceration. The Department created the Program to pursue claims on behalf of indigent clients serving extreme sentences; resentence on behalf of indigent clients currently sentenced on designated homicide, attempted homicide and manslaughter cases; represent youthful offenders entitled to reconsideration of their currently imposed criminal sentence; and expertly pursue mitigation at the earliest opportunity in currently charged youthful offender cases.
In November 2024, BSCC notified the Department that the Grant period was extended from March 1, 2025 to December 31, 2026. The Department requests an extension for each contract identified in Recommendation Nos. 1 through 10 through the full grant period, ending December 31, 2026, to ensure Program continuity. Due to the original Grant period ending on March 1, 2025, the contracts listed in each of the Recommendations were limited to a three-year, or less, contract term. Additionally, the original contracts listed in Recommendation Nos. 3 through 9 did not include retirement system benefits due to the initial limited contract terms.
The contract amendments listed in Recommendation Nos. 7 through 9 include additional language to retain parity with Department employees in an Office Assistant III classification. The contract amendment listed in Recommendation No. 10 includes additional language to make the contractor eligible for the Modified Benefit Option in the same manner as employees in the Attorney Unit.
On August 9, 2022 (Item No. 31), the Board of Supervisors (Board) approved Contract No. 22-731 with Ms. Barron as a Mitigation Specialist (in the amount of $110,771) and Contract No. 22-733 with Ms. Vartanian (formerly Gonzalez Dorado) as an Office Assistant III (in the amount of $65,039), both for the period of August 13, 2022 through August 12, 2024. The Board also authorized the Public Defender to execute amendments to extend the term of the contracts for a maximum of one year on behalf of the County. Amendments No. 1 to Contract Nos. 22-731 and 22-733 were executed by the Public Defender through delegated authority, for a total term of August 13, 2022 through August 12, 2025.
On March 14, 2023 (Item No. 34), the Board approved Contract No. 23-193 with Ms. Uba as a Deputy Public Defender (in the amount of $97,930) and Contract No. 23-194 with Ms. Verduzco Villa as a Paralegal (in the amount of $78,312) to support the Program, both for the period of March 25, 2023 through March 1, 2025.
On September 26, 2023 (Item No. 47), the Board approved Contract No. 23-1021 with Mr. Robles as Paralegal (in the amount of $79,251) and Contract No. 23-1020 with Ms. Smith as an Office Assistant III (in the amount of $66,841) to support the Program, both for the period of October 7, 2023 through March 1, 2025.
On February 6, 2024 (Item No. 38), the Board approved Contract No. 24-122 with Ms. Hogan as a Paralegal to support the Program, in the amount of $93,518, and the period of February 10, 2024 through March 1, 2025.
On April 23, 2024 (Item No. 42), the Board approved Contract No. 24-332 with Ms. Gephart-Robinson as a Deputy Public Defender IV to support the Program, in the amount of $188,563, and the period of May 4, 2024 through March 1, 2025.
Each party may terminate their contract at any time without cause with 14 days’ prior written notice to the other party. The County may terminate the contract immediately for just cause.
The Department continuously recruits for open contract positions, and interviews qualified candidates to assess their work experience and skills set. Each contractor applied for the position, was interviewed, and was selected to fill the vacant position due to documented work experience and verified qualifications.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Human Resources (Gina King, Assistant Director, 387-5571) on January 29, 2025; County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5462) on January 27, 2025; Finance (Celia McDonald, Administrative Analyst, 387-4286) on January 27, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-3076) on January 27, 2025.