DATE: June 24, 2025
TO: Board of Supervisors
SUBMITTED BY: John Zanoni, Sheriff-Coroner-Public Administrator
SUBJECT: Memorandum of Understanding with Superior Court for Court Security Services
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize the Chairman, and the Sheriff, to execute a Memorandum of Understanding (MOU) with the Superior Court of California (Court) for court security services effective July 1, 2025, through June 30, 2030, which includes a three-year base term and two optional one-year extensions (Revenue to the County estimated at $104,293,860); and
2. Authorize the Sheriff to approve and execute amendments written changes to the Staffing Plan and/or the Court Security Plan, such modifications, when added together during the term of the Agreement, do not exceed ten percent (10%) of the total reimbursement paid to the County.
REPORT
There is no increase in Net County Cost associated with the recommended actions, as all costs associated with court security services will be funded with Trial Court Security funding, and those costs not allowed will be included in the Sheriff-Coroner-Public Administrator’s Org 3111 proposed budget for FY 2025-26. The term of the recommended MOU may be extended for two (2) one-year terms through June 30, 2030 by mutual written agreement of both parties. The approval of the first recommended action will grant authorization to the Sheriff to execute the MOU, along with the two additional one-year periods. The second recommended action would limit the Sheriff’s Office authority to execute modifications to the staffing plan and/or the Court Security Plan, as long as the modifications, when added together during the term of the recommended MOU, do not exceed ten percent of the total reimbursement paid to the County. All other amendments must return back to your Board for approval. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action to entering into the MOU. California Government Code section 69926(b) requires the Sheriff’s Office, with approval of the Board of Supervisors and on behalf of the County, to enter into an annual or multi-year MOU with the Superior Court for court security services. However, the Board could determine not to authorize the Sheriff to execute modifications to the staffing plan or the Court Security Plan. In that event, those items would need to come back to the Board for approval.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The positions allocated to the Sheriff’s Office for the Court Services Unit will be funded within the Trial Court Security Allocation. Administrative costs and other costs not covered (Military Leave, Court Transportation, Jury Duty, Etc.) under the allocation are funded using Net County Cost. Funding for these non-allowable costs in the amount of $680,000 will be included in the FY 2025-26 Sheriff-Coroner-Public Administrators Org 3111 proposed budget and will be included in subsequent requested budgets by the Sheriff’s Office.
DISCUSSION:
In FY 2011-12, the State Legislature enacted Assembly Bill (AB) 118 and Senate Bill (SB) 89 that realigned funding, including Court Security, from the State to Counties. The same legislation requires each County Treasurer to establish a Trial Court Security Account for this purpose. Costs associated with providing security services to Fresno County Superior Court are offset by funding from this account.
On June 7, 2022, your Board approved a Memorandum of Understanding with the Superior Court of California for court security services effective July 1, 2022 through June 30, 2025, which included a three-year base and two optional one-year extensions. The Sheriff’s Office issued a notice of non-extension of the that MOU to the Court, with the intention of entering into a new MOU for services beginning FY 2025-26.
Below is a list of the services the Sheriff’s Office will provide pursuant to the recommended MOU:
• Providing personnel for and performance of security functions during normal court hours;
• Supervising and coordinating the movement of inmates within court facilities;
• Perimeter screening of the public and other court users and staff;
• Patrol of the interior of court facilities, security of holding cells; and
• Providing law enforcement responses to the Clerk’s Offices, Court Administration, Family Court Services, Human Resources, and the Jury Assembly Room.
The Sheriff’s Office will provide security services to the Court as prioritized in Exhibit “C” of the MOU. Primary importance is given to in-custody inmates to and from court, as well as entrance screening and monitoring of the public, followed by individual courtroom security, mandated training and civil law, then investigations, courthouse escorts, perimeter security, and non-mandated training. Additionally, the Sheriff, in conjunction with the presiding judge, shall develop an annual or multi-year comprehensive, countywide Court Security plan, and shall be responsible for a Law Enforcement Security Plan that will become part of the MOU. The Sheriff’s Office will provide the following positions to the Court:
1 - Sheriff Lieutenant
4 - Sheriff Sergeants
93 - Deputy Sheriffs
12 - Community Service Officers
2 - Communications Dispatchers
1 - Account Clerk
1 - Program Technician
114 - Total Positions
The approval of the second recommended action will grant authorization to the Sheriff, to approve and execute any modifications to the staffing plan and/or the Court Security Plan, with the concurrence of the Court. However, any staffing increases will continue to be brought to your Board for approval via salary resolution amendments. The Court Administration and the Sheriff’s Office will meet on an annual basis to agree upon and sign off on the Countywide Court Security Plan.
The recommended MOU contains a mutual indemnification clause, which is typical in the County’s agreements with other governmental agencies.
REFERENCE MATERIAL:
BAI #35, June 7, 2022
BAI #4, June 23, 2020
BAI #24, February 28, 2017
BAI #32, July 15, 2014
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Memorandum of Understanding
CAO ANALYST:
Fine Nai