Referred to: The Laws and Rules, Governmental Services Committee (Chairman

Roberts and Legislators Belfiglio, Donaldson, R. Parete and Rodriguez), and The

Ways and Means Committee (Chairman Gerentine and Legislators Allen, Bartels,

Belfiglio, Briggs, Maio, and Maloney)

Chairman Kenneth J. Ronk, Jr. offers the following:

WHEREAS, this resolution has been submitted at the request of the Ulster

County Executive; and

WHEREAS, pursuant to Resolution No. 8 dated January 22, 2013, Ulster

County entered into an agreement with Dutchess County for the reciprocal

representation in the event of a conflict of interest from the host County’s Public

Defender’s Office and such office is disqualified from representing an individual due

to a legal conflict; and

WHEREAS, such agreement provided for legal representation to indigent

defendants in Ulster County Court, City of Kingston Court and Town of Ulster Court

in Ulster County by a Dutchess County Assistant Public Defender, and Dutchess

County Court, City of Poughkeepsie Court, in Dutchess County by an Ulster County

Assistant Public Defender; and

WHEREAS, due to the success of such program, Ulster and Dutchess

County’s Public Defender’s Offices have requested such agreement be expanded in

scope to accommodate Ulster County Family Court and Town of Lloyd Court in

Ulster County and Dutchess County Family Court and Town of Poughkeepsie Court

in Dutchess County; and

WHEREAS, the full scope of such agreement provides for legal representation

to indigent defendants in Ulster County Court, Ulster County Family Court, City of

Kingston Court and Town of Ulster Court or Town of Lloyd Court in Ulster County

by a Dutchess County Assistant Public Defender, and Dutchess County Court, City

of Poughkeepsie Court, Town of Poughkeepsie Court or Dutchess County Family

Court in Dutchess County by an Ulster County Assistant Public Defender; and

WHEREAS, this reciprocal representation will only be assumed when the host

County’s Public Defender’s Office is disqualified from representing an individual

due to a legal conflict; and

WHEREAS, the purposes of this is to enhance indigent legal services in an

efficient and cost-effective manner; and 

WHEREAS, due to the anticipated increased caseload, the Public Defender

has requested that an additional part-time Legal Aide position be created and funded;

and

WHEREAS, the Ulster County Personnel Officer has reviewed the request

and has by order and determination deemed the classification of a Legal Aide and

allocates as such to the competitive class of civil service; now, therefore, be it

RESOLVED, that the County Executive is hereby authorized to execute an

agreement, and any amendments thereto, with Dutchess County for the purpose of

providing reciprocal conflict defense for indigent defendants in Ulster and Dutchess

Counties for the term beginning January 1, 2018 and ending December 31, 2018, in

the form as filed with the Clerk of the Ulster County Legislature, or as modified with

the approval of the County Attorney; and, be it further

RESOLVED, that the 2018 Ulster County Budget is amended as follows:

CREATE AMOUNT

1170-1209

(PL)

Legal Aide * Annual

Salary $22,400

Annual Benefits $13,406

Total Salary and Benefits

$35,806

$22,400*

,

and move its adoption.

ADOPTED BY THE FOLLOWING VOTE:

AYES: 22 NOES: 0

(Absent: Legislator Bartels)

Passed Committee: Laws and Rules, Governmental Services on December 18, 2017

Passed Committee: Way and Means on December 19, 2017 

FINANCIAL IMPACT:

$29,839 – BUDGETED COUNTY APPROPRIATIONS DOLLARS

$29,839 – BUDGETED STATE REVENUE DOLLARS

STATE OF NEW YORK

 ss:

COUNTY OF ULSTER

I, the undersigned Clerk of the Legislature of the County of Ulster, hereby certify that the foregoing resolution is

the original resolution adopted by the Ulster County Legislature on the 19th Day of December in the year Two Thousand

and Seventeen, and said resolution shall remain on file in the office of said clerk.

IN WITNESS WHEREOF, I have hereunto set my hand and seal of the County of Ulster this 21st Day of

December in the year Two Thousand and Seventeen.

|s| Victoria A. Fabella

Victoria A. Fabella, Clerk

Ulster County Legislature

Submitted to the County Executive this Approved by the County Executive this

21st Day of December, 2017. 28th Day of December, 2017.

|s| Victoria A. Fabella |s| Michael P. Hein

Victoria A. Fabella, Clerk Michael P. Hein, County Executive

Ulster County Legislature