HomeMy WebLinkAboutCOM 1152.000 2006-2008
QTY O! N~
Harry Kim; ' William Takaba
Mayor' Director
Nancy E. Crawford
iy.!• e' Deputy Director
Yff pF•N~M
County of Hawaii
Finance Department
25 Aupuni Street Room 118 • Hilo, Hawaii 96720 a
(808) 961-8234 Fax (808) 961-8248
00
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April 7, 2008 r
co
Pete Hoffmann, Chairman and
Members of the Hawai'i County Council
Hawai'i County Council
25 Aupuni Street
Hilo, Hawai'i 96720 rn
Re: Resolution Creating Position
Enclosed is a resolution that creates a Legal Assistant II (Temporary) position for the
Office of the Prosecuting Attorney. Funding for this position comes from the U.S.
Department of Justice, Office of Community Oriented Policing Services (COPS)
program grant, which has already been appropriated. On November 20, 2007, the
County Council adopted Resolution No. 392-07 which authorized the Mayor to enter into
an agreement with the U.S. Department of Justice to accept the grant. This position
will coordinate law enforcement efforts by streamlining the flow of communication and
information sharing between agencies such as the Police, Prosecutors, Public
Defenders, private attorneys, Probation, the Courts, treatment providers, Department of
Health, mental health providers, and other agencies.
If there are any questions, please do not hesitate to call the Office of the Prosecuting
Attorney.
I~ \
William Tak ba
Director of Finance
APPROVED:
QKo
/ Harry Kim
(yI Mayor ~~SZ
Comm. No.
Enc. Ref. To:_
Ref. Date PR 9 2008
cc: Prosecutors
<Q"' w.-OT) Hawai'i County is an Equal Opportunity Provider and Employer
Form B-52
7/18/91
DEPARTMENT OF FINANCE
REQUEST FOR COUNCIL ACTION
DEPARTMENT: PROSECUTING ATTORNEY DATE: 4/3/08
STAFF CONTACT: Nancy Kelly PHONE: 934-3315
A. REQUEST:
Establish new Legal Assistant II position to intervene and engage the crystal methamphetamine using
offender population in a timely mannger.
B. BACKGROUND AND JUSTIFICATION (USE ADDITIONAL SHEETS AS NEEDED):
Funding has been provided by a grant to afford the Big Island Drug Court program a legal assistant II
position from the Prosecutor's Office to coordinate law enforcement efforts by streamlining the flow of
communication and information sharing between agencies such as the Police, Prosecutors, Public
Defenders, private attorneys, Probation, the Courts, treatment providers, Dept. of Health, mental health
providers, and other agencies.
SIGNED: t / /~trJ DATE: 4/3/08
e artment H dad
REQUEST FOR ORGANIZATIONAL CHANGES AND/OR POSITION ACTIONS
TO: MANAGING DIRECTOR DATE: 03/13/08
FROM: DEPARTMENT: Prosecuting Attorney
DIVISION/BRANCH: Attorneys Unit
REQUEST:
® NEW POSITION Legal Assistant II SR-20
TITLE PAY GRADE
? REALLOCATION
POSAO. CURRENT TITLE PAY GRADE
PROPOSED TITLE PAY GRADE
? OTHER
(change in FfE. transfer, etc.) POS. NO. CURRENT TITLE PAY GRADE
COMMENTS:
The crystal methamphetamine epidemic is one that is devastating Hawaii's diverse ethnic, socio-
economic, cultural and geographic arenas. Since December, 2000, the Big Island Drug Court
Planning Team has developed a strong collaboration among its partnerships with each other, other
stakeholders, and the community at large. Their dedication and perseverance has resulted in recent
grant funding making it possible for additional personnel to more effectively intervene and engage
the meth using offender in a timely manner. One of these grant-funded positions is a Legal Assistant II
assigned to work out of the Prosecutor's Office.
3/13/08
DATE SPAR ME T HEAD
[APPROVED ? DISAPPROVED
a)XVNfY MAR 2 4 2008
MANAGING DIRECTOR DATE
DHR CP-005 (2/93)(11/93)(7/01)(10/03)(12/06)
9Cawai'i County is an ErfuaCOpportunity Provider andEmpCoyer.
/ c;-c rr
FiJf°iAi..
NEW POSITION INFORMATION FORM
W nflft .'q Pm f•9
Department: Prosecuting Attorney Date: March 11, 2008
Division/Branch: Attorneys Unit
# of Similar
Pay Fund Pos. in
Class Title Grade Saia Source Dept.
Legal Assistant II SR-20 $3376/mo County 2
1. Give reasons how new duties arose (statutes enacted, ordinances, newly
authorized programs, basis for increased workloads, etc.):
Federal grant funds have been awarded to implement enhanced procedures for
"ICE" Methamphetamine addicted and mental health challenged offenders for
Drug Court screening, processing, and treatment through a collaborative initiative
with the Courts, Public Defender, and Treatment Providers servicing Big Island Drug
Court.
2. Can new duties be assigned to existing positions or handled in other way such as
short term contracts, etc.
No. Existing staff will not be able to handle the additional workload generated by
the grant project.
3. How will new position increase the efficiency/effectiveness of operations? (Use
productivity measurements where possible.):
The legal assistant position will identify the "ice"-using offender earlier, expedite the
screening and processing of the case throughout the entire criminal justice process.
The legal assistant will develop a tracking and appropriate data collection system to
measure timeliness of prosecutorial action.
4. Alternatives that were considered in lieu of new position. (Have technological
changes been considered?)
There are no technological alternatives for the legal assistant work required.
New Position Form
Page 2
5. Why were manpower needs not planned through budgetary process?
Due to budgetary constraints, County funds are unavailable to implement this
project's personnel requirements. Federal funds were awarded through
competitive application, and this was to allow for all the other collaborative partners
to acquire personnel, to provide for additional treatment services, and to receive
training for the specialized needs and responses to "ice"-using offenders.
b. List other rationale or pertinent statements and data:
The Legal Assistant II will expedite the identification, screening, and charging of
"ice"-using offenders by deputy prosecutors, and assessment by the Big Island Drug
Court of the offenders' appropriateness for drug court and treatment. This will
encourage earlier treatment services by the "ice"-using offender, and hopefully
avoid continued criminal drug use and drug-driven criminal behaviors.
DHR CP-002 (2/93)(13/06)
Hawaii County is an EquaCoyyortunity ProWder andEmyCoyer.
DEPARTMENT OF CIVIL SERVICE LOCATION
COUNTY AFF (III,w-,,k:~
r . ! ) F: ` ~HA,~ r ll Dept Prosecuting Attorney
1. Position No. New ° Div. or Bur.
POSITION i kPiPTI614bRM Section
Type: Civil Service X Exempt C~g• Loo Kona
Permanent Temporary X ?QaQ ~1ftR 31. Ff~ 1 (l9
Full-Time ® Part-Tine ?
2. FOR CML SERVICE USE ONLY
Allocation Gass Salary Range Effective Date
Approved: Date By.
Auttarity Data Director of Personnel
3. DUTIES OF THE POSITION
list each duty assigned to the Powan wtwataly kRKW #1040 ddfiea ut logical otda begming v in'how perlomud most hequenty and fb#oaed by close padon. occasionally.
Be clear, cmVlste, and concise. Slick to s of tact avoid the use of vague of gs10mt tarrr10. Cabe an asenate of the evetage amoad of lima spent in peda nig each major
duty. # a realoce#an of do posigon Is requested. shm the exact changes m clubes, reesats for Vase changes and the axed dote when tl10ae chi ges ooaffnxi d come apace is
needed. use a blank sheet and adaclh to this fomh.
This position performs legal assistant work in support of attorneys and investigations which require Show
substantial judgment and discretion in the application of knowledge of legal procedures, practices, and of time
law; establishes evidence and develops cases; performs legal research, prepares drafts, outlines or
summaries of legal subjects, laws, statutes, briefs and other legal documents, and performs other related
duties as assigned.
The legal assistant will
• Help coordinate drug case screening by streamlining the flow of communication and information sharing
between agencies - Police Department; Prosecutor's Office; Public Defender's Office, private attorneys;
Probation Department; Courts - District, Family, Circuit; treatment providers; Department of Health;
mental health providers; and other agencies.
• Work with the respective Vice Units to expedite the screening, charging and drug court eligibility of the
drug offender.
• Set up a network between agencies to increase access to services and increase sharing of information.
• Provide preliminary legal consultation to victims/witnesses, departments, agencies, etc., and other legal
work normally performed by the deputy prosecuting attorneys, except duties that may constitute the
unauthorized practice of law.
• Reduce the time that the drug case gets screened and charged. The position will increase personnel
within the three drug court partners to identify the drug using offender, expedite the screening
and processing of the case throughout the entire process.
Continued on attachment
4. SUPERVISION RECEIVED Give the position no. and title of immediate supervisor of this position.
Position Number ZO-00027 Title First Deputy Prosecuting Attomey
5. SUPERVISORY RESPONSIBILITIES OF THE POSITION
List must coincide with the official organkation chart
Position No. Title Nature of Supervision
DCS CP-001 (2/90)
6. Present Class Pay Grade
7. REQUESTED ACTION
New Pombon-IM Wl ASocalbn ® ChwW in Duties and ReWorwWbmAeallocabw Redesor"on -Review nc Effective Date
Requested Class Allocation Legal Assistant If Pay Grade SR 20
8. CERTIFICATION OF EMPLOYEE The duties a responsibilities described above are acarale and cwolete.
Employee's Name (Print)
Employee's Signature Date
9 STATEMENT OF IMMEDIATE SUPERVISOR
a. Describe the nature and extent of supervision, which you exercise over this position.
Complete supervision.
b. Indicate the qualifications absolutely necessary to perform the duties of the position. Keep in mind the position itself and
the qualifications a new employee must bring to the position rather than the qualifications of the employee who now
occupies ft.
Education - General Basic Qualifications Necessary for Work Performance
Circle highest)Leajr Elements and Hi School 1 2 3 4 5 6 7 8 9 1 0 1 1 1 2
Special or Professional: (College) 1 2 3 4 1 2 3 4 Kind:
Work Experience-Kind Three years of work experience in a law office involving interviewing, legal research, evaluation
and length in years and analysis of legal issues, preparation of legal reports, documents and correspondence.
Knowledge skills and Knowledge of. interviewing techniques, rules of evidence; legal system and procedures; legal
abilities: research methods and sources of legal information. Ability to: understand and explain legal
processes and procedures; recognize and avoid potential problems in the unauthorized practice of
law; read and understand laws, statutes, rules and legal documents; evaluate and analyze facts
and legal issues; prepare legal repots, documents and correspondence; speak dearly, follow oral
and written instructions; and deal tactfully and effectively with others.
Physical requirements: Light duty physical effort group.
Licenses or certificates required: Possession of a valid State of Hawaii driver's license (Class 3) or any other comparable
motor vehicle operator's license.
10. CERTIFICATION OF IMMEDIATE SUPERVISOR I certify that the above statements are accurate and complete.
Immediate Supervisor's Signature Data
11. CERTIFICATION OF DIVISION HEAD I certify that the above statements are accurate and complete.
Division Head's Signature Date
12. CERTIFICATION OF DEPARTMENT HEAD I certify that ea as ants mare accurate and complete.
Department Head's Signature Date 03/11/08
Distribution: Ori inal - Civil Service; 1°' - D rtment; e Copy - Employee
Continuation of Legal Assistant II Position Description
• Do background checks, identify pending cases in all jurisdictions, and determine the
classification of cases of any convictions.
• May coordinate the defendant's cases in the different courts, monitor the pending
cases, and obtain police reports, lab reports, and other supplementary reports for
screening. Drug court eligible cases will be screened and charged within 60 days from
the police referral of the case, and drug court eligibility screening and assessment done
in 30 days. (1, 2) 50%
• Attends Drug Court staffing and hearings as needed;
• Interviews victims/witnesses to verify evidence, obtains written statements when
possible, and gets cooperation for judicial proceedings,
• Indexes and organizes investigative and trial material including exhibit binders,
discovery and witness summaries;
• Prepares sentencing input;
• Performs legal research and prepares summaries of specific decisions, laws, statutes,
legal subjects, etc;
• Verifies and updates cited caselaw, statutes and other legal authorities;
• Assists with the case tracking and data collection for drug cases;
• May prepare drafts of new or corrective legislation and rules;
• Prepares summaries of investigations;
• Researches best practices to respond to drug problems, prosecution, and treatment;
• Monitors compliance with supervision conditions, decisions, stipulations and orders;
• Reviews legal decisions opinions, rulings and other legal material to keep abreast of
developments. (1, 2,3) 25%
• Prepares discovery , motions, memos, declarations;
• Assists with hearing and trial preparation for drug cases, including those that do not
go to drug court;
• Assists attorneys and investigators in court by coordinating the presentation of
exhibits and witnesses and by preparing witnesses for testimony;
• Does monthly appellate case updates as requested;
• Explains legal procedures, requirements and interpretations based on precedents
and discussions with attorneys;
• Writes first drafts, and/or outlines of briefs, memos, legal opinions, stipulations,
orders and other legal documents; monitors administrative and judicial forfeitures;
(1,2) 20%
Performs other related duties as assigned. (1,2) 5%
(1) The performance of this function is the remm that the job exists
(2) The number of other empbyees availableb perform this funcion is limited
(3) The functimb lug* specialized, and employee is hind for speual expertise m ability to perform this function
Legal Assistant 11
License Requirement:
A driver's license is warranted in situations involving legal consultation with victims or
witnesses when they are unable to meet at the office. It may be necessary in the absence
of available investigators, to provide transportation to victims/witnesses for remote
settings or to conduct interviews and verify evidence.
SOURCE OF FUNDS FOR NEW POSITION/REALLOCATION/CHANGE IN FTE/TRANSFER
1. COMPUTATION OF FUNDS REQUIRED FOR POSITION NO. New (If no position number
indicate "new".)
a) New monthly salary $ 3376.00
b) Present monthly salary specifically included in
FY 07-08 budget (If NOT BUDGETED, INDICATE -0-) $ 3376.00
C) Net funds required (Item "a" minus Item "b") $ 0
d) Remaining number of months in current fiscal year 3
e) Funds required in remainder of fiscal year
(Items "c" x Item "d") $ 3376.00
2. AVAILABILITY OF FUNDS
a) What is the position's fund source (county, state, federal)? Federal
b) Position's home department (RC) number is: 5300
C) Position's salaries and wages (S&W) account number: 010-271-5271.77-011
d) If funds not available in S&W account, identify
account that funds are available in:
e) For reallocation, request that funds be transferred:
From: 010-911-5911.70-341 Provision for Reallocation $
1 certify that the information is correct and funds are available, and that the funds may be used
for the classification action as requested.
i 3/18/08
r ti
Departmen ead Date
DHR CP-004 (3108)
Hawaii County is an EquaCOyyortun%ty Provider andEmyloyer.
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