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1985-27424-Resolution No. 85-042 Recorded 11/27/198585-27424 R LEGAL COUNSEL BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNY?, OREGUiN t .cam A Resolution Approving the Juvenile Services Comprehen- *tt sive Plan for Deschutes County* � -c+ for the 1985 -86 Fiscal Year * = r as Approved by the State Juvenile Services Commission. * RESOLUTION NO. 85 -042 VOL 69 FACE 834 the Community Juvenile Services Act provides for creation of a State Juvenile Services Commission through which counties can voluntarily participate in the act; and WHEREAS, the Deschutes County Board of Commissioners stated its intent to participate with the State of Oregon in implement- ing the Community Juvenile Services Act; and WHEREAS, the Deschutes County Juvenile Services Commission was established by the Board of County Commissioners to develop a Deschutes County Juvenile Services Comprehensive Plan; and WHEREAS, the Deschutes County Juvenile Services Commission has submitted such a plan for the County; and WHEREAS, the State Juvenile Services Commission has approved the Deschutes County Juvenile Services Comprehensive Plan in the amount of $102,578.00, as set forth in Exhibit "A ", attached hereto and by this reference incorporated herein; now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, as follows: Section 1. That the Deschutes County Juvenile Services Comprehensive Plan for the 1985 -86 fiscal year, as approved by the State Juvenile Services Commission, is hereby approved by Deschutes County. DATED this f,71t day of ,Rai,rn0,c.on BI D OF COUNTY COMMISSIONERS ESCHUTES COUNTY, OREGON , 1985. ATTEST: LOIS BRIe6TOW�P: TE, Commissioner Recordirid Secretary DIC MAU totmissioner 1 - RESOLUTION NO. 85 -042 _....... EXHIBIT "A" VOL 69 FACE 835 NOTIFICATION OF PLAN APPROVAL STATE JUVENILE .SERVICES COMM /SS /ON ran war nwrA• .sn so coast $TUT Ii.. SAL M. 000114000117310 h10NS pay $73-114: *NOTIFICATION: The 1985 -87 Comprehensive Juvenile Services Plan for DESCHUTES County was approved by the State Juvenile Services Commission on 7/11/85 IMPORTANT' NOTE: *Resolution of Intent to Implement the Plan required (see sample attached). APPROVED PROGRAMS AND FUNDING AMOUNTS: Biennial Entitlement: $185,150 Youth Enhancement Services (YES) City of Bend Police Department Juvenile Services Program City of Redmond Deschutes Visual Therapy Services Kit Carmiencke, O.D. Deschutes County Sexual Abuse Coalition Deschutes County Family Counseling Clinic and Mental Health Service 6,631 23,634 6,000 60,113 Administration /Evaluation • 6,200 Deschutes County Juvenile Services Commission $102,578 SPECIAL CONDITIONS: Approved pending letter from Attorney General regarding legal advisor in Sex Abuse Program. See attached letter from Attorney General dated August 12, 1985. Approval is granted to implement the programs as described in the county juvenile services plan in accordance with the requirements of the Community Juvenile Services Act (ORS 417.400 - 417.490) and specific grants management procedures of the State Juvenile Services Commission. Date: A9 1 ive Dir tor ' ' ,DA+VE FROHNII/LAYER AITOUNLYGIN[PAL DEPARTMENT OF JUSTICE GENERAL COUNSEL DIVISION Justice Building Salem, Oregon 97310 Telephone: (503) 378 -6986 August 12, 1985 Jeffery Milligan Executive Director Juvenile Services Commission Far West Plaza, *215 630 Center Street NE Salem, OR 97310 Re: Approval of Deschutes County Grant Dear Mr. Milligan: VOL 69 PAGE 836 WILLIAM F. GARY DEPUTY ATTOIlN[Y Gomm. 1? : • A U G 1985 LJ The Juvenile Services Commission has before it a proposal, approved by the Deschutes County Board of Commissioners, requesting inter alia funding for a .5 FTE attorney position to prosecute child sexual abuse cases in Deschutes County juvenile and criminal court. You ask whether grant funding for this posi- tion violates the funding levels for the Deschutes County District Attorney established by the legislature or the supple- mental funding levels approved by the Deschutes County Board of Commissioners. You also ask whether grant funding violates the provisions of ORS 8.110 to 8.150, 8.160, and 8.170 to 8.850.1 My review of the relevant statutes shows that it does not. DISCUSSION Deschutes County has proposed, as part of its comprehensive plan under the provisions of ORS 417.420, that a .5 FTE position be added to the staff of the Deschutes County District Attorney to "facilitate appropriate judicial procedures in [child sexual] abuse cases." This position is designated as a "legal advisor." According to the terms of the plan, the legal advisor will be responsible for coordinating each sexual abuse case in juvenile court, for prosecuting all juvenile offenders accused of sexual abuse, for prosecuting all criminal cases involving child sexual abuse, and for representing "CSD and the Juvenile Department in court on all matters regarding victims of abuse. "2 Project Narrative, pp. 56, 59, 60. The Board of County Commissioners approved the plan on May 1, 1985, and will be the recipient of funds for the position. Jeffery Milligan August 12, 1985 Page Two -VOL 69 PAGE 837 The "legal advisor" will be deputized by the District Attorney and will be under his direct control and authority. The duties assumed by the advisor are generally those assumed by any deputy district attorney; however, the duties will be limited to cases involving child sexual abuse. Deschutes County presently receives an allotment from the legislature for four deputy district attorney positions. The position in question is not included in this allotment. The Deschutes County Board of Commissioners, however, has authorized two additional deputy positions to be paid from county funds. One of these additional positions is the one proposed by the comprehensive plan. Funding for .5 FTE of the position is included in the county budget. The remaining .5 FTE will be funded from the grant the county receives from the Juvenile Services Commission. If the county does not receive the grant, the position will not be filled. The question presented-is whether the proposed position, unfunded by the state legislature but authorized by the Board of County Commissioners and funded through a combination of county appropriations and grant funds received by the county, is lawful. For the reasons that follow, I believe it is. There is nothing in ORS chapter 8, or elsewhere, that limits the number of deputy district attorney positions to those funded by the legislature. In a 1964 opinion, this office recognized that a deputy's salary "may be paid wholly out of county funds, wholly out of state funds, or may be paid from state funds supplemented by county funds." 31 Op Atty Gen 400 (1964). Although each district attorney receives a biannual allotment from the legislature for a specific number of deputy positions, the county is not precluded from authorizing and funding more positions than those alloted by the legislature. The county Board of Commissioners may supplement the legislative salary allotment for any particular deputy or deputies, ORS 8.830, or may: "empower the district attorney to appoint one or more deputy district attorneys whose compensation shall be fixed by the . . . board . . . and paid out of the county funds in the same manner as county officers are paid." ORS 8.760. The latter option was exercised by the Deschutes County Board of Commissioners when it approved the comprehensive plan on May 1, 1985, and appropriated county funds for a deputy position to handle child sexual abuse cases. Given the authority vested in the county board under the provisions of ORS 8.760, it is r �.. ; i Ib Jeffery Milligan August 12, 1985 Page Three VOL 69 PACE 838 irrelevant that the position in question is not included in the funding allotment granted by the legislature. I hope this information is helpful to you in considering the Deschutes County proposal. If you have any further questions, please call me. saj:9 :Mi12.1 -3 Very truly yours. Melinda L. Bruce Assistant Attorney General FOOTNOTES 1 Only ORS 8.610 to 8.850 a're relevant to the questions you ask. The remaining cited statutes deal with the state court adminis- trator and staff, trial court administrators and staff, and court reporters. 2 The Children's Services Division must be represented by the Department of Justice. ORS 180.220(2). The District Attorney has no authority to represent a state agency. To the extent that the proposed plan provides otherwise, it is contrary to law.