REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
August 9, 2022
FROM
THOMAS W. SONE, Public Defender
SUBJECT
Title
Employment Contracts for Public Defender Second Chance Program
End
RECOMMENDATION(S)
Recommendation
1. Approve employment contracts with the following individuals, for the period of August 13, 2022 through August 12, 2024:
a. Karla S. Barron as Mitigation Specialist, for the estimated annual cost of $110,771 ($86,237 Salary, $24,534 Benefits).
b. Teresa Verduzco Villa as Office Assistant III, for the estimated annual cost of $65,039 ($44,335 Salary, $20,704 Benefits).
c. Karina Gonzalez Dorado as Office Assistant III, for the estimated annual cost of $65,039 ($44,335 Salary, $20,704 Benefits).
d. Francisco J. Robles as Office Assistant III, for the estimated annual cost of $65,039 ($44,335 Salary, $20,704 Benefits).
2. Authorize the Public Defender to execute amendments to extend the term of the contracts for a maximum of one year on behalf of the County, subject to County Counsel review.
3. Direct the Public Defender to transmit all documents in relation to contract amendments to the Clerk of the Board of Supervisors within 30 days of execution.
(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.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
This item will not result in the additional use of Discretionary General Funding (Net County Cost). The estimated annual cost of the employment contracts is $305,888 and will be funded by the Public Defense Pilot Program Grant. The grant, established by the State of California Budget Act of 2021, allocated $2,633,006 to San Bernardino County for indigent defense services related to legislative criminal resentencing and parole reform initiatives for the period of March 1, 2022 through March 1, 2025. Adequate appropriation and revenue have been included in the Public Defense 2022-23 budget (491-2753) and will be included in future recommended budgets.
BACKGROUND INFORMATION
Each contract position will support the Public Defender’s (Department) Second Chance Program (Program), developed to pursue criminal sentencing and parole reforms, as well as conviction relief. The positions will perform various duties, including: researching and presenting evidence of relevant mitigation at resentencing hearings; preparing and submitting comprehensive mitigation packets for resentencing requests; identifying clients entitled to resentencing and pursue the resentencing process for each eligible client; preparing clients for youthful offender parole hearings; preparing and submitting Franklin mitigation to the court or the Board of Parole Hearings; and screening immigration referrals for potential Penal Code section 1473.7 relief and related litigation efforts.
The three Office Assistant III positions will perform clerical functions for the Program including: completing conflict checks and client and involved party research; filing legal documents; managing client files; preparing court calendars; completing case-related data entry, posting annotations and compiling statistical data; transcribing video and audio recordings; and other miscellaneous clerical duties.
The Mitigation Specialist position will review case files, documents, reports and declarations of medical and forensic experts; provide clients access to resources and assistance for securing resources for identified concerns; work with mental health experts to evaluate the client’s mental state and provide mitigation evidence at hearings; prepare reports and make recommendations to attorneys or the court for mitigation purposes; and other mitigation-related duties.
The recommended employment contracts will be effective for two-year terms, subject to the termination provisions of each contract.
On January 11, 2022 (Item No. 24), the Board of Supervisors (Board) approved and authorized the submission of a grant application to the California Board of State and Community Corrections (BSCC) in the amount of $2,633,006 for the Program in support of State Legislature initiatives related to resentencing and parole reform for indigent clients.
On February 11, 2022, the Department received notice of the award from BSCC in the amount of $2,633,006 for the period of March 1, 2022 through March 2025. On April 12, 2022 (Item No. 27), the Board approved Grant Agreement No. 22-260 with BSCC in the amount of $2,633,006 to fund the Program.
The Department advertised the positions, received applications, and interviewed several candidates to assess their work experience and skills set. Each recommended contractor was selected to fill the positions due to documented work experience and verified qualifications.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Human Resources (Tina Richard, Business Partner, 918-2250, and Gina King, Deputy Director, 387-5571) on June 29, 2022; County Counsel (Cynthia O’Neill, Principal Assistant County Counsel, 387-5455) on July 5, 2022; Finance (Kathleen Gonzalez, Administrative Analyst, 387-5412) on June 28, 2022; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on July 11, 2022.