The net fiscal impact for FY 23-24 is estimated at $122,556.39 and will be funded by the Department's County General Fund allocation. Future fiscal year impact will need to be absorbed within the department allocation.
The Contra Costa Public Defender’s Office is seeking the reclassification of its entry level Deputy Public Defender position, the Deputy Public Defender – Fixed Term (DPD-FT) (a 36-month limited term classification) and the revision of the Deputy Public Defender (DPD) series salary range to conform with the recent adoption of the District Attorney Office reclassification and Deputy District Attorney series salary range.
On June 13, 2023, the Contra Costa County District Attorney’s office reclassified their Deputy District Attorney-Fixed Term position to Deputy District Attorney I. To ensure attorney classification uniformity between the Public Defender’s Office and the District Attorney’s Office, including ensuring equal access to civil service protection and identical salary structure, the Public Defender’s Office, the County Administrator’s Office, Labor Relations, Human Resources, and the Defender’s Association worked collaboratively to establish the new DPD series and the revised salary range in line with the District Attorney’s Office.
Consistent with the June 13, 2023, order approved by the Board of Supervisors for the District Attorney reclassification, the Contra Costa County Public Defender’s Office is seeking to revise the DPD series, as the current DPD-FT classification does not comport with industry standards and significantly impairs the department’s recruitment and retention efforts. The department has utilized the DPD-FT classification for entry level attorney hiring, but this classification is no longer sustainable. Candidates are reluctant to accept a position at the Public Defender’s Office because of the uncertainty of continued employment beyond the fixed term period. In addition, incumbents in this classification often leave the county for other employment opportunities during the 36 months because of their lack of civil service protection.
The new classification structure will convert the 36-month fixed term classification to a standard DPD I classification with a one-year probationary period. Once a DPD I incumbent passes their one-year probation period, the individual will be eligible to be promoted to DPD II.
The attorneys currently employed in the department under the existing DPD-Fixed Term classification will be reclassified and transitioned to the new DPD classifications as follows:
DPD-FT employees in their first year will be transitioned to the DPD I classification and remain on probation. The incumbents' fixed-term service time will be credited toward their existing probation period.
DPD-FT employees in their second year will be transitioned to the DPD II classification at the appropriate step. The incumbents' fixed-term service time will be credited toward their existing probation period.
DPD-FT employees in their third year will be transitioned to the DPD II classification at the appropriate step. The incumbents' fixed-term service time will be credited toward their existing probation period.
The 4 vacant DPD-FT positions will be reclassified to DPD I positions.
In addition to the reclassification of the DPD-FT position, the Deputy Public Defender series salary schedule will be reallocated to correspond with the Deputy District Attorney series salary schedule to ensure salary structure uniformity and equity between the departments.
If not approved, the Public Defender’s Office will continue to face recruitment and retention challenges and the Public Defender's Office will not achieve salary equity and uniformity with District Attorney's Office.