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D.10
To: Board of Supervisors
From: David Twa, County Administrator
Date: September  15, 2015
The Seal of Contra Costa County, CA
Contra
Costa
County
Subject: Appointment of the Public Administrator and Transferring the Office of the Public Administrator to the Health Services Department

APPROVE OTHER
RECOMMENDATION OF CNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE

Action of Board On:   09/15/2015
APPROVED AS RECOMMENDED OTHER
Clerks Notes:

VOTE OF SUPERVISORS

AYE:
John Gioia, District I Supervisor
Candace Andersen, District II Supervisor
Mary N. Piepho, District III Supervisor
Karen Mitchoff, District IV Supervisor
ABSENT:
Federal D. Glover, District V Supervisor
Contact: Enid Mendoza, (925) 335-1039
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown.
ATTESTED:     September  15, 2015
David Twa,
 
BY: , Deputy

 

RECOMMENDATION(S):

1. ADOPT Resolution No. 2015/339, rescinding and superseding Resolution 84/346, to appoint William B. Walker, M.D., to the Office of Public Guardian and the Office of Public Administrator, effective October 1, 2015, pursuant to Government Code sections 27431 and 24011 and Ordinance No. 2015–20; and  
  

2. APPROVE Appropriation Adjustment No. 5001 transferring $200,000 in appropriations and revenues from the District Attorney’s Public Administrator budget (0364) and appropriating revenues and expenditures of $252,504 from the General Fund to the Health Services Department Public Administrator’s Office (0454) to cover the period of October 1, 2015 through June 30, 2016; and  





RECOMMENDATION(S): (CONT'D)
  
3. ADOPT Position Adjustment Resolution No. 21732 to add one (1) Deputy Public Administrator (AXFA) position and add one part-time (20/40) Public Administrator Program Assistant (AXSD) position in the Health Services Department, effective October 1, 2015.  
  
  

FISCAL IMPACT:

The Public Administrator receives revenue from probate case fees paid by the estates they manage. The amount of these fees is established by the Probate Code and based on the value of each estate, pursuant to Cal. Prob. Code, §§ 10800, 10810. In addition to statutory fees, the Court, upon request, may award the Public Administrator extraordinary fees for such extra work as selling real and personal property, petitioning for determination of heirship, litigation to collect assets, and defending actions against the estate and other similar matters (Cal. Prob. Code, §§ 10801, 10811). We anticipate that the Public Administrator’s office will generate about $200,000 in revenues during fiscal year 2015-16.  
  
The addition of 1.5 FTEs will require approximately $189,000 in General Fund monies for salaries and benefits. Approximately $37,600 will be required for services and supplies expenditures in the Public Administrator’s Office.  
  

BACKGROUND:

The County Administrator’s Office recognizes that the Public Guardian and the Public Administrator perform closely related and similar duties. Both officials protect and manage the estates of descendants and at-risk individuals who are unable to make decisions. Both offices’ duties and routines are governed by the same or similar laws, court rules and procedures; and both are regulated by and appear before the Probate Court. Therefore, the County Administrator’s Office believes that the transfer of the Public Administrator to the Health Services Department will be conducive to County operations.  
  
On August 18, 2015, the County Administrator proposed to the Board of Supervisors the transition of the Public Administrator functions to the Health Services Department. The Board of Supervisors therefore considered and approved the introduction of Ordinance No. 2015-20, which proposed to amend the County Ordinance Code and separate the Office of the Public Administrator from the Office of the District Attorney. On August 25, 2015, the Board of Supervisors adopted Ordinance No. 2015-20, separating the Office the Public Administrator from the District Attorney’s Office.  
  
As proposed on both August 18 and 25, 2015, the County Administrator is now returning to the Board of Supervisors for approval of the actions stated in the recommendations of this Board Order to appoint the Health Services Director as the Public Guardian and as the Public Administrator, and administratively transfer the fiscal and personnel functions of the Office of the Public Administrator to the Health Services Department, effective October 1, 2015.  
  
In order to effectively transfer the Public Administrator functions to the Health Services Department, the County Administrator’s Office has determined that the addition of 1.5 FTEs and increased services and supplies will be necessary to support the operations of the Public Administrator’s Office. The additional 1.5 FTEs and operational expenditures will require additional General Fund monies in the Public Administrator’s Office. It is anticipated that the additional FTEs will support operational efficiencies that could generate additional revenues, which would offset some of the additional general fund monies being requested.  
  

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