HomeMy WebLinkAboutOrder 118 - Legal Dept Checking AcctDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of November 22, 2010
Please see directions for completing this document on the next page.
DATE: November 5, 2010
FROM: Mark Pilliod e Legal 388-6623
TITLE OF AGENDA ITEM:
Consideration and Approval of Resolution No. 2010-118 regarding Legal Department Imprest
Checking Account and Credit Card.
PUBLIC HEARING ON THIS DATE? No
BACKGROUND AND POLICY IMPLICATIONS:
The Legal Department is requesting an increase to the minimum balance of the department's Imprest
Checking Account and approval of a credit card for the Legal Department.
FISCAL IMPLICATIONS:
None.
RECOMMENDATION & ACTION REQUESTED:
Approve Resolution 2010-118
ATTENDANCE: Mark Pilliod
DISTRIBUTION OF DOCUMENTS:
Mark Pilliod
Finance Department, Attn: Marty Wynne
REVIEWED
L GAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
A Resolution Amending Resolution 91-013 and
Resolution 99-078 by Increasing the Amount and
Permissible Use for the Imprest Checking
Account for the Legal Department and
Authorizing the Issuance of a Credit Card for the
Legal Department
RESOLUTION NO. 2010-118
WHEREAS, Resolution 91-013 established for the Legal Department an Imprest checking account for
"the handling of minor disbursements relating to litigation," and authorized an amount up to $200.00; and
WHEREAS, Resolution 99-078 amended 91-013 to increase the authorized amount transferred to the
Legal Department Imprest cash checking account to $1,000.00; and
WHEREAS, the Legal Department requires access to resources in excess of the currently authorized
$1,000.00; and
WHEREAS, State Appellate Courts now allow and Federal Courts require that legal briefs and other
documents be filed electronically; and
WHEREAS, the Oregon Judicial Department requires that various fees and surcharges be paid by credit
card; and
WHEREAS, the Legal Department's ability to utilize electronic filing requirements in state court has
been hampered without a credit card to charge filing fees and copying costs; and
WHEREAS, the Deschutes County Legal Counsel Office requires a County credit card in order to
utilize the State Appellate Courts filing requirements; and
WHEREAS, the use of such credit card would be limited to payment for filing fees, document recovery
charges and other court -related fees for which the courts will neither bill nor accept checks; and
WHEREAS, the time frame for the Finance Department to issue a check on behalf of the Legal
Department has often required expedited handling which might be avoided if additional funds were available in
the Imprest checking account and a credit card issued to the Legal Department,
WHEREAS, that the object and purpose of the checking Account and credit card is to enable the Legal
Department to pay for department expenses, including but not limited to court costs, filing and witness fees,
court filing and reporting fees and similar litigation expenses which often require use of a credit card, seminar
registration fees, continuing legal education conference fees, third party vendor charges related to actual or
anticipated litigation and, postage.
PAGE 1 OF 2 — RESOLUTION NO. 2010-118
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES
COUNTY, OREGON, as follows:
Section 1. That the Imprest checking account ("Account") increase to $2,500;
Section 2. The County shall make all necessary arrangements to secure a credit card with a
maximum line of credit of $5,000.00, with no annual fee, to be issued in the name of the Deschutes County
Legal Department.
Section 3. Expenditures of resources from the Imprest checking account and credit card shall be
supported by a receipt or record for each expenditure.
Section 4. County Legal Counsel and Assistant County Counsel are responsible for authorizing, in
writing, all charges made by utilizing the checking account and the Legal Department credit card. In the
absence of County Legal Counsel and Assistant County Counsel, the County Administrator is responsible for
authorizing, in writing, all charges made by the Legal Department Imprest checking account and credit card.
Section 5. No person shall expend or encumber, or authorize expenditure or encumbrance of funds
from the checking Account or credit card in excess of the balance of the fund or credit available, or for a
purpose for which there is no appropriation or authorized source of reimbursement.
Section 6. Receipts shall be attached to the vouchers requesting reimbursement to the checking
account and payment of the credit card invoice, and reimbursement shall be made pursuant to the normal cycle
of the accounts payable procedures.
Section 7. Resolutions Nos. 91-013 and 99-078 are repealed, provided that prior actions taken in
conformance therewith shall not as a consequence be invalidated.
DATED this day of , 2010. BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST:
Recording Secretary
PAGE 2 OF 2 — RESOLUTION NO. 2010-118
DENNIS R. LUKE, Chair
ALAN UNGER, Vice Chair
TAMMY BANEY, Commissioner