8/26/1986 - Laserfiche WebLink

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r C -I 1. The contracts provide that the County will provide insurance coverage under the same policy or plan as provided to county employees. Previously, the Board ordered that such insurance will not be provided by Indian River County and that the Public Defenders will have to seek such coverage on their own as independent contractors. 2. The proposed contracts provide that each attorney shall receive a raise effective January 1, 1987. The prior contract approved by the Board provided for no such increase in compensation over the term of the contract. 3. The proposed contracts provide that the attorneys providing the services shall not be permitted to engage in outside practice of law during the term of the agreement. The prior contract provided that the attorney shall work full time providing the services as Assistant Public Defender but did not preclude outside employment. It is my opinion that the contract previously executed between Mr. Hedman, Elton Schwarz and the -County is valid - and will continue in effect unless the Board instructs - otherwise. However, the Board must decide whether to adopt the attached contract regarding Mr. O'Kelley or to offer Mr. O'Kelley and Mr. Schwarz an opportunity to sign a contract containing terms similar to those agreed to by Mr. Hedman. ON MOTION by Commissioner Wodtke, SECONDED by Commissioner Lyons, the Board unanimously (4-0) authorized the Chairman's signature on the County's contract and authorized staff to forward same to the Public Defender for his signature. Attorney Vitunac reported that there is a lawsuit i- the 4th District Court of Appeals, which might resolve this whole issue. Briefs have been filed against the Public Defender for dereliction of duty, more or less, and there should be a ruling any time now. Commissioner Lyons understood that we are merely trying to find a way to get the State to fund the Public Defender's Office. Attorney Vitunac advised that State law requires the County to pay for capital cases, but there is some conflict with another law which says that if the Public Defender cannot represent someone with good conscience, the County pays for it out of the Fine and Forfeiture Fund. However, if that fund is depleted, the County pays for it out of the General Contingencies Fund, and that is the issue we are fighting. 33 AUG 2 6 In8 c� BOCK P!GE ��eJ