REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
April 8, 2025
FROM
THOMAS W. SONE, Public Defender
SUBJECT
Title
Employment Contracts and Budget Adjustments for the Second Chance Program
End
RECOMMENDATION(S)
Recommendation
1. Approve employment contracts with the following individuals, for the period of April 19, 2025 through December 31, 2026:
a. Alfonso Maldonado Silva as Deputy Public Defender IV, for the estimated annual cost of $202,812 ($175,958 Salary, $26,854 Benefits).
b. Ashley Rivas as Office Assistant III, for the estimated annual cost of $64,037 ($46,901 Salary, $17,136 Benefits).
c. Jacqueline Ayala as Paralegal, for the estimated annual cost of $91,706 ($73,500 Salary, $18,206 Benefits).
2. Authorize the Auditor-Controller/Treasurer/Tax Collector to post necessary budget adjustments as detailed in the Financial Impact section (Four votes required).
(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 Discretionary General Funding (Net County Cost). The estimated annual cost of the employment contracts is $358,555 and will be funded by the Public Defense Pilot Program Grant (Grant). The Grant, established by the State of California Budget Act of 2021, has allocated $7,621,947 to the County for indigent defense services related to legislative criminal resentencing and parole reform initiatives. Adequate appropriations have been included in the Public Defender (Department) 2024-25 budget to accommodate the employment contracts. However, the Department requests an increase in services and supplies in the amount of $82,500 to fund mitigation expert expenses to support favorable case resolutions.
The table below reflects the budget adjustments requested by the Department to fund the Department’s Second Chance Program (Program) for 2024-25. Approval of this item will allow the Auditor-Controller/Treasurer/Tax Collector to post the following adjustments to the Department’s 2024-25 budget:
|
Fund Center |
Commitment Item |
Description |
Action |
Amount |
|
4910002753 |
51001000 |
Operating Expenditures - Salaries |
Decrease |
$82,500 |
|
4910002753 |
52002000 |
Operating Expenses - Services & Supplies |
Increase |
$82,500 |
Adequate appropriations will be included in future recommended budgets.
BACKGROUND INFORMATION
The contract positions will support the Program, developed to pursue criminal sentencing and parole reforms, as well as conviction relief. The Deputy Public Defender position will perform a variety of criminal defense litigation, including jury trials; prepare and defend cases before any court within the state; conduct legal research and prepare legal documents; zealously and competently represent each client; establish and maintain effective working relationships with prosecutors, judicial officers, court staff and other members of the criminal justice system; annotate files accurately; and recognize relevant issues.
The Office Assistant III position 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 Paralegal position will provide assistance to attorneys with case research, hearing preparation, and witness coordination; review, summarize and organize case files, legal documents, depositions and exhibits; analyze facts, issues, elements, statutes, court decisions, legal documents and pleadings; prepare and file various legal documents; and may lead a clerical team to advance client resentencing efforts.
Each party may terminate the 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 recommended contractor was selected to fill the vacant positions due to documented work experience and verified qualifications.
The requested budgetary adjustments will enable the Department to identify and engage qualified mitigation professionals to serve as expert witnesses. These mitigation experts will assist the defense team with investigating and presenting evidence related to client backgrounds, including their family and school history, mental health, and other mitigating factors that could explain their actions. Providing a complete picture of each client can lead to more appropriate sentences and favorable case outcomes.
PROCUREMENT
Not applicable.
REVIEW BY OTHERS
This item has been reviewed by Human Resources (Gina King, Assistant Director, 387-5571) on March 18, 2025; Auditor-Controller/Treasurer/Tax Collector (Vanessa Doyle, Chief Deputy Controller, 382-3195) on March 19, 2025; County Counsel (Scott Runyan, Principal Assistant County Counsel, 387-5455) on March 18, 2025; Finance (Celia McDonald, Administrative Analyst, 387-4286) on March 19, 2025; and County Finance and Administration (Valerie Clay, Deputy Executive Officer, 387-5423) on March 19, 2025.