PUBLIC SAFETY
COMMITTEE
January 18, 2017
NOT APPROVED
Committee Members Present: P. Curran, D. Healy, S. Burt, J.
Hopkins, K. LaForge, C. Crandall (Absent: A. McGraw)
Others Present: L. Ballengee, D. Decker, K. Graves,
K. Hollis, R. Hollis, C. Jessup, B.
Kelley, T. Miner, B. Riehle, T. Ross, M. Washer
Call to Order: The meeting was called to order at 11:39
a.m. by Public Safety Committee Chairman Phil Curran.
New York State Counsel at First
Appearance Grant
Public
Defender Barbara Kelley requested a resolution authorizing her to apply for
grant funding available from the NYS Office of Indigent Legal Services for
Counsel at First Appearance. If awarded, the funding would be used to
facilitate Allegany County’s compliance with the mandates of the Court of
Appeals decision in Harrell-Harring v. New York 15 NY3d 8 (2010) which calls
for the presence of defense counsel at arraignment. It is contemplated that the
specifics of the application will be proposed in a manner consistent with the
plan expected to be submitted by Allegany County under the new “centralized
arraignment parts for off-hour arraignments” legislation which goes into effect
on February 26, 2017. It is not anticipated that we would be requesting funds
to hire another attorney. Rather we would be looking to cover the additional
mandated court appearances with the existing attorney staff with the addition
of one support person, who would assist in information gathering prior to
arraignment and direct advocacy throughout our representation.
Funds will be
requested as additional compensation for our attorneys and to fully fund the
support person. The amount being applied for is undetermined at this time, but
counties may apply for a maximum of $250,000 per year for three years. Ms. Kelley
stated there has been some confusion regarding this issue, adding that local
officials have commented that if the attorneys would just show up for
arraignment we wouldn’t have to worry about it. Ms. Kelley stated that if you
want attorneys at every arraignment, then you’ll need more attorneys on staff.
Legislator Healy added that the local official’s statement is not an inaccurate
one to make. Ms. Kelley responded she understands, but do we really want two
more attorneys that are County employees at that salary to be going to
arraignments every day, anytime, anywhere and on call 24/7. Legislator Graves
stated Ms. Kelley referred to this coming from new legislation and statute, but
he believes this came from the Courts and asked for clarification on where this
is exactly coming from. Ms. Kelley stated it’s coming from the New York Court
of Appeals as well as federal and state constitution, adding that cities don’t
have any issue with this new legislation because they run Court and have
attorneys present all day; whereas in rural areas like ours, we are sparsely
populated and widely separated, and it’s difficult for us to follow this. Legislator
Graves asked if any other states are affected by this or just New York. Ms.
Kelley stated just New York, adding that other states have their own system and
compliance. Legislator Hopkins stated that she’s pleased to see they are trying
to work out a plan to comply with the law, but is concerned Ms. Kelley is
taking all of this on by herself and asked if there others that can help her.
Ms. Kelley stated they are having a meeting on January 31, 2017, with anyone
that could be affected by this to come up with a plan on how to proceed, but
because it’s her office that will primarily be affected, she is taking the
lead. Legislator Graves asked if we have heard any feedback from NYSAC (New
York State Association of Counties) regarding this. Public Safety Committee Chairman Phil
Curran stated they have discussed it but nothing directly to us. Legislator
Graves stated he understands we have to comply and understands the importance
of laws and the constitution, but it appears to him that the whole system wants
to fold up and comply with a decision of an activist court, adding that the NYS
Court of Appeals is one of the most liberal court systems in the country. When
they make these kinds of decisions that change our whole way of looking at
things, maybe we need to back up and talk with our senators and legislators about
getting a constitutional amendment that circumvents this kind of stuff, or come
up with two sets of laws, one for cities and one for rural America. Ms. Kelley
stated she thinks part of this legislation is an attempt to address the problem
in the rural areas. Legislator Graves added we have been operating the same way
for 200 plus years and suddenly an activist court comes forward with a decision
and we have to comply. Ms. Kelley stated she doesn’t necessarily agree with
Legislator Graves’ characterization. County Treasurer Terri Ross stated that in
the Harrell-Harring v. New York decision, they gave money to the five counties that were
a result of that action and said here is the money, you implement it the way it
should be, while also trying to make everyone else comply, and part of the
problem is that the State doesn’t want to pay for us complying, only for the
five counties that were a part of that decision. Legislator Graves stated that
everyone knows the State is only going to finance this for so long, adding that
New York State is putting more burden on its counties than any other state in
the union, and this is going to eventually trickle down to ma and pa kettle
paying the bill. Ms. Kelley stated when she does the grant application she’s
going to get the figures from the County Treasurer to make sure any County
share is also covered under the grant and has full intentions of having this
fully funded by the grant. Legislator Graves apologized and stated he is just venting
and expressing his opinion. He appreciates Ms. Kelley,
has known her for years, respects what she has to stay, and will support
whatever decision is made. This request was approved on a motion made by
Legislator Healy, seconded by Legislator LaForge, and carried. Refer
to Ways and Means
Respectfully submitted,
Meghan Washer, Secretary
to the Clerk of the Board
Allegany County Board of
Legislators
