HomeMy WebLinkAboutR84-33 public service program for persons convicted of alcohol related traffic offensesCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
- RESOLUTION NO. -84-_3_.t>
FUNDING OF THE USEFUL PUBLIC SERVICE PROGRAM
FOR PERSONS CONVICTED OF ALCOHOL- RELATED
TRAFFIC OFFENSES.
WHEREAS, pursuant to Section 42 -4 -1202, C.R.S.,
the Board of County Commissioners of the County of Eagle,
State of Colorado, hereinafter referred to as the
"Board ", in conjunction with the Eagle County Court,
the State of Colorado 5th Judicial District Probation
Department, and the Eagle County Sheriff, hereinafter
referred to as "cooperating agencies ", established in
1983 a work assignment program for those individuals
convicted of an alcohol- related traffic offense and
ordered by the sentencing court to perform useful
public service; and
WHEREAS, in order to defray the administrative,
accident insurance and other direct and indirect costs
associated with the aforesaid work assignment program,
a Court assessment of $10.00 was imposed against each
and every individual convicted of an alcohol- related
traffic offense; and
WHEREAS, the General Assembly in 1984 enacted
H.B. No. 1334 which amended Section 42 -4 -1202 (4)(g)(V),
C.R.S., to provide, in pertinent part: "On and after
July 1, 1984, in addition to any other penalties
prescribed in this subsection (4), the court shall
assess an amount, not to exceed forty dollars, upon
any person required to perform useful public service.
Such amount shall be used by the operating agency
responsible for overseeing such person's useful
public service program to pay the cost of the administration
of the program, a general public liability policy
covering such person, and, if such person will be covered
by workmen's compensation insurance pursuant to
subparagraph (IV) of this paragraph (g) or an insurance
policy providing such or similar coverage, the cost_
of purchasing and keeping in force such insurance
coverage. Such amount shall be adjusted from time to
time by the General Assembly in order to insure that
the useful public service program established in
this subsection (4)-shall be financially self- supporting.
The proceeds from such amounts shall be used by the
operating agency only for defraying the cost of personal
services and other operating expenses related to the administration of the program and the cost of purchasing
and keeping in force policies of general public liability
insurance, workmen's compensation insurance, or insurance
providing such or similar coverage and shall not be
used by the operating agency for any other purpose "; and
WHEREAS, by letter dated May 15, 1984, Mark
Wojcik, Community Service Coordinator for the County's
useful public service program and Probation Officer
for the 5th Judicial District, requested the Board
to support an increase in the above Court assessment
to an amount of $40.00, and to approve the use of
the proceeds therefrom to establish a part -time
Community Service Coordinator position to administer
and supervise the useful public service program in
Eagle County; and
WHEREAS, based upon Mr. Wojcik's representations,
the Board is amenable to establishing such a part -time
County position, subject to the following.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD
OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE,
STATE OF COLORADO:
THAT, the Board hereby supports and respectfully
requests the sentencing court to assess an amount of
$40.00 upon each and every person required to perform
useful public service pursuant to Section 42 -4 -1202,
C.R.S.
THAT, in the event the sentencing court imposes
the above - requested Court assessment in the amount of
$40.00, the Board hereby authorizes the use of the
proceeds therefrom to defray the costs incurred by
the County of Eagle in complying with the mandates
(2)
of Section 42 -4 -1202, C.R.S., including, by way of example
only, insurance coverage for persons performing useful
public service, the establishment . of a new part -time
Community Service Coordinator.position to administer
and supervise the useful public service - program in
the County of Eagle-, and other.direct and indirect
costs associated with the administration and operation
of the useful public service p- rogram in the County
of Eagle.
THAT, the new part -time Community Service
Coordinator shall be hired in accordance with the
Eagle County Personnel Policy; shall be deemed a
part -time employee of the County of Eagle; and shall
be under the immediate supervision and direction of
the State of Colorado 5th Judicial District Probation
Department.
THAT, the new part -time Community Service
Coordinator position and all costs directly related
thereto shall be fully funded by the proceeds collected
from the Court assessment authorized under Section
42 -4 -1202, C.R.S., and, in the event such proceeds
are insufficient, the Board shall have the right, in
its discretion, to terminate the Community Service
Coordinator position or to appropriate additional
County funds to supplement the proceeds of the subject
Court assessment to retain such Community Service
Coordinator position.
THAT, in accordance with Resolution No. 83 -5,
all monies received by the Board in the form of
Court assessments under Section 42 -4 -1202, C.R.S.,
shall be placed in revenue line item number 01 -4- 0000 -454
of the Eagle County General Fund, and shall be used
solely to defray those County expenditures made and
costs incurred as a result of the enactment of the
useful public service program authorized by the
aforesaid statute.
THAT, this Resolution shall take effect
upon execution by the Board.
THAT, the Board's actions herein shall not be
construed or deemed to be construed as an acknowledgment
(3)
j
> Y
by the Board in any manner whatsoever that it has accepted
or assumed any responsibility or potential liability which
may arise out of or occur by reason of the Board's—
compliance with -the mandates of Section-42-4-1202, C.R.S.
THAT, the Board hereby and herewith requests and
directs the Eagle County Manager to take any and all
steps necessary to effectuate the intent and provisions
of this Resolution.
THAT, the Board hereby finds, determines and
declares that this Resolution is necessary for the public
health, safety and welfare of the County of Eagle,
State of Colorado.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado,
at its regular meeting held the 2nd day of July, 1984.
ATTEST:
By: ,
Jerk of the Board
of County
Commissioners
(4)
COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
By: W, 11'cZL`
W. Keith Troxel, Chairman
(- -) Ll�
Dan WiL Tams, Commissioner
David E. Mott, Commissioner-
Commissioner j'�J,` /l; /�/yS seconded the adoption
of the foregoing Resolution. The. roll having been called,
the vote was as follows:
Commissioner W. Keith Troxel
Commissioner Dan Williams
Commissioner David $. Moth, p
This Resolution adopted byCj�J ; ,, i3iotee of the
Board of County Commissioners of t eh County of Eagle,
State of Colorado.
(5)
