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State of Ohio - Controlling Board Request
STATE OF OHIO
CONTROLLING BOARD
30 East Broad Street, 34th Floor
Columbus, Ohio 43215-3457
(614) 466-5721 FAX:(614) 466-3813
FUND/APPROPRIATION REQUEST Controlling Board No.
PUB0100225
Status:  Approved
Meeting Date:  6/15/2020

GENERAL INFORMATION

Agency
Public Defender Commission


Division/Institution
Public Defender Commission

Authorization Requested Pursuant
to Revised Code Section 131.35
Increase Appropriation Authority
Create a New Fund
Establish Appropriation Authority
Fiscal Year(s)
2021
Bill No.
H.B. 166

FUNDING INFORMATION
Fund
Group
Fund
Code
Appropriation
Line Item
Fund/Appropriation
Line Item Name
FYCurrent Appropriation AmountAmount of Increase or New Fund Total
Appropriation Amount
4C70 019601 Multi-County: County Share 2021
2021
$0.00
$0.00
$1,338,828.00
$0.00
$1,338,828.00
$0.00
4X70 019610 Trumbull County:County Share 2021
$0.00
$428,372.00
$428,372.00

SIGNATURES
     
Timothy Young 06/15/2020
   
Agency Director or Authorized Agent On The Date Of
   
05/22/2020 W. Fletch Zimpher
   
Date Controlling Board President/OBM Director
   
AGENCY CONTACT
Name:  Andrew T Plagenz Title:  Deputy Director, CFO
Phone:  (614) 644 - 1588 Fax:  (614) 644 - 9972 E-Mail:  andrew.plagenz@opd.ohio.gov
REQUIRED EXPLANATION OF REQUEST
  The Public Defender Commission respectfully requests Controlling Board approval to establish appropriation authority in the amount of $1,338,828.00 for FY21 in Fund 4C70, ALI 019601 (Multi-County:County Share) and $428,372.00 in Fund 4X70, ALI 019610 (Trumbull County: County Share) to allow the counties to support 30 percent of the costs of operating the Multi-County program and Trumbull County Branch Office during FY 21.  
  Pursuant to R.C. 120.04(B)(10), the State Public Defender makes reimbursement payments to the counties for their appointed counsel and public defender systems. The state's reimbursement payments are made from appropriations to GRF 019501, County Reimbursement and 5DY0 019618 IDSF - County Reimbursement. In addition, the Agency operates two branch office systems under these sections: The Trumbull County Branch Office and the Multi-County Branch Office that involves 9 counties in Southern and Southeastern Ohio. The state's share for the cost of these branch offices are paid from GRF 019404, Trumbull County State Share and GRF 019403, Multi-County State Share, respectively. The counties' share of costs for the Trumbull County Branch Office and the Multi-County Program are paid from 4X70 019610 Trumbull County: County Share and 4C70 019601, Multi-County: County Share, respectively.

During the biennial budget process, the agency submits a proposed budget that contains an estimate of the total cost for the county systems and an estimated reimbursement rate based on the total state funds available. In determining the rate, the agency takes the cost of all county systems, including the branch offices, and compares it to total appropriations in the four line items used to support the state share. These include the three GRF line items mentioned above (019501, 019403 & 019404) as well as fund 5DY0 line item 019618. Based on the amounts originally appropriated for the state's share for FY 2021, the reimbursement rate was projected to be close to one-hundred percent. Therefore, no appropriations were made to the two ALIs that support the county share of the Multi-County and Trumbull County programs, 4C70 and 4X70.

Current estimates for the reimbursement rate for FY 2021 are 70%, meaning the county share of the two programs is now projected to be 30%. This is because, based on the pro-rata language contained in Chapter 120, the agency must maintain the same rate (or share) of state support for each county, regardless of the indigent defense delivery system the county selects, thereby not giving an advantage or disadvantage to any one county based on their selected system.

This Controlling Board request is necessary to establish sufficient appropriation authority in Fund 4C70 ALI 019601 and Fund 4X70 ALI 019610 so that the counties participating in the branch office programs may support a 30 percent county share for support of indigent defense. The state and participating counties have negotiated contracts to operate the Multi-County and Trumbull County programs at a total cost of $5,890,672 in fiscal year 2021. Pursuant to these pending contracts with the County Commissioners of the participating counties, the agency will submit quarterly invoices and receive revenue from those counties quarterly to support the county portion ($1,767,200) of operating the two programs and the appropriation authority established by this request. An offsetting reduction to GRF 019403 and GRF 019404 will be made by the agency pursuant to the FY 2021 budget allotment guidance issued by OBM.
 
   
Attachments Controlling Board Request No.: PUB0100225
Attachment TypeAttachment Description
Other Proposed FY21 Multi-County and Trumbull County Program Shares

Fund/Appropriation Request 
Required Information
Controlling Board Request No.: PUB0100225
1. Identify the source of additional revenue (e.g., increase in fee, increase in state or federal grants, etc.).
  Pursuant to contracts with the County Commissioners of the participating counties, the agency submits an invoice and receives revenue from those counties quarterly to support the county portion of operating the Multi-County and Trumbull County programs. For fiscal year 2021, payments are due July 1, 2020, October 1, 2020, January 1, 2021, and April 1, 2021.
   
2. If applicable, explain why creating and/or increasing a new fund and/or line item is more appropriate than depositing the revenue into an existing fund and increasing the appropriation authority of an existing line item.
  Not applicable. Fund 4C70 ALI 019601 and Fund 4X70 ALI 019610 already exist in the state accounting system for this purpose.
   
3.
Time line: Has the revenue been received? No
 
When is the revenue expected to become available? Revenue received as quarterly payments from participating counties.
4. For federal funds only, provide the following information:
 
a. Grant identification number from the Catalog of Federal Domestic Assistance: NA
b. Amount of state matching funds required: 0
c. Source (appropriation line item) of that match: NA
d. Statutory or executive authority for participation in the program:
NA
  Include a brief summary of the text or a copy of the reference.  
  NA
   
5. How will the additional appropriation and/or cash be used?
  The additional appropriation is necessary to insure that the participating counties can support 30 percent of the estimated costs of providing indigent defense in fiscal year 2021.
   
  Provide the following information below relative to this budgetary adjustment. NOTE: If a new fund and new appropriation authority are being requested, the "Current" and "Requested" columns are not required.
 
Account Category Account Category Description Current Appropriation Authority Requested Increase in Appropriation Total Appropriation Authority
500   Personal Services - Payroll   $0.00   $973,577.00   $973,577.00
510   Purchases Personal Services and Others   $0.00   $663,652.00   $663,652.00
520   Supplies and Maintenance   $0.00   $123,221.00   $123,221.00
530   Equipment   $0.00   $6,750.00   $6,750.00
550   Subsidies and Shared Revenue   $0.00   $0.00   $0.00
570   Capital Items   $0.00   $0.00   $0.00
590   Judgements, Settlements and Bonds   $0.00   $0.00   $0.00
Other   Other   $0.00   $0.00   $0.00
Total: $0.00 $1,767,200.00 $1,767,200.00
   
6. For each additional amount shown in the table, provide a short description of what the dollars will be used to accomplish. For example, if increasing a subsidy account category, provide detail on the added recipients or the allocation formula for distribution of moneys. For Account Category 500, respond to specific questions in number 9 below.
 
Account Category Short Description
500 Support 30 percent county share obligation.
510 Support 30 percent county share obligation.
520 Support 30 percent county share obligation.
530 Support 30 percent county share obligation.
550
570
590
Other
   
7. Will this transfer be used to maintain current service levels, expand an existing program or activity, or begin a new program? Explain.
  This appropriation increase will essentially be used to maintain service levels. The state and participating counties have negotiated contracts to operate the Multi-County and Trumbull County programs at a total cost of $5,890,667 in fiscal year 2021. Without the appropriation, the agency would be unable to support the 30 percent county share of these costs ($1,767,200). The county share has increased from previously estimated 0 percent, requiring additional appropriation authority.
   
8. Based upon the response to number 7, explain how these services or programs would have been funded if this
additional funding were not available.
  Without this appropriation increase, the state would not be able to maintain 30 percent county share of support for operating the Multi-County and Trumbull County programs. Based on pro rata language in ORC 120, the agency must maintain the same rate (or share) of state support for each county regardless of the type of delivery system chosen to provide indigent defense.
   
9. Account Category 500-Personal Services:
 
a. Explain why changes are being requested in the personal services account category 500.
The county share of support has increased to 30 percent.
b. How many existing staff are being affected by this transfer? 0
What appropriation line item are they currently being paid?  NA
c. How would these existing staff have been affected if these additional funds were not available?
NA
d. Will new staff be hired as a result of the additional funds?  No
   
10.  List any other transfers involving these appropriation line items and/or cash approved by the Controlling Board in the current biennium, including the date and requested amount of the adjustment(s).
 
ALITransfer DateTransfer AmountCBR Number