DATE: January 23, 2018
TO: Board of Supervisors
SUBMITTED BY: Oscar J. Garcia, CPA
Auditor-Controller/Treasurer-Tax Collector
SUBJECT: Memorandum of Understanding for Collection Services
RECOMMENDED ACTION(S):
TITLE
Approve and authorize the Charmain to execute retroactive Memorandum of Understanding with the Superior Court of California, County of Fresno for collection services effective December 14, 2014 through December 14, 2018.
REPORT
California Penal Code Section 1463.010 requires the Superior Court of California (Court) and the County to develop a cooperative plan to implement a collection program for the County’s collection of fees, fines, forfeitures, penalties, and assessments incurred by a defendant in a criminal or traffic action proceeding. The County and Court have developed such a program and desire to clarify their respective rights and responsibilities in this MOU. This item is countywide.
ALTERNATIVE ACTION(S):
There is no viable alternative action. If your Board chooses not to approve the recommend action, the County will continue to provide collections services to the Court without a formalized MOU in order to comply with Penal Code Section 1436.010.
RETROACTIVE AGREEMENT:
This agreement is retroactive to December 14, 2014 due to an administrative omission.
FISCAL IMPACT:
There is no increase in Net County Cost associated with this recommended action. The costs of providing the collection services are covered by Penal Code Section 1436.007, which allows a county with a comprehensive collections program for delinquent accounts to recover its costs of operating the program, excluding capital expenditures.
DISCUSSION:
The recommended MOU formalizes the Court and County comprehensive collections program (Program) for the collection of all fees, fines, forfeitures, penalties, and assessments arising from criminal or traffic actions or proceedings as defined in Penal Code Section 1463.007.
The MOU establishes the County and Court’s respective rights and responsibilities regarding the Program and confirms that the County and Court shall comply with the guidelines and standards approved by the Judicial Council of California in operation of the Program. Compliance will allow both the County and Court to deduct from the revenue collected under the Program its allowable costs as provided in Penal Code Section 1463.007.
The Superior Court of California, County of Fresno has reviewed the MOU and will be executing the recommended MOU after your Board’s execution.
OTHER REVIEWING AGENCIES:
Superior Court of California
REFERENCE MATERIAL:
BAI #17, December 13, 2011
ATTACHMENTS INCLUDED AND/OR ON FILE:
On file with Clerk - Court Collections MOU
CAO ANALYST:
Juan Lopez