ORDER NO. 21833 BUDGET AMENDMENT TO TRANSFER FiJNDS IN THE JUVENILE PROBATION OFP'ICF On this the 22nd day of February 1994, upon motion made by Commissioner Lehman, seconded by Commissioner Holekamp, the Court unanimously approved by a vote of 4-0-0, to transfer $12,875.03 from Line Item No. 10-667-103, Supervisor and $2,770.00 from Line Item No. 10-667-108, Part-time Salaries, $14,875.03 to Line Item No. 1.0-570-103, Juvenile Probation Officer; $1,117.50, from Line Item No. 10-667-202, Croup Insurance, to Line Item No. J.0-570-202, Group Insurance for $1,117.50; $984.94 from Line Item No. 10-667-201, FICA Expense, to Line Item No. 10-570-201, FICA Expense for' $1,615.07; and $901.28 from Line Item No. 10-667-203, Retirement, to Line Item No. 10-570-203, Retirement for' $1,041.15 in the Juvenile Frobation Office. The County Treasurer is hereby authorized to transfer funds from fund # 23 Salaries to Fund 10 Saaries. COURT ORDER ~:~ig38 # _ CZIzZ/ i~~ BUDGET AMENDMENT R.EOUEST FORM CEPART"fEt7T NAM F,: JUVENILE DETENPI_O_N FACILITIES - JUVENILE PROBATION --- • ~ UNEXPF.NDF.D REOUF.STF:D CURRENT CURRENT BUDGET AMENDMENT EXFF.II=F. COD F. ; LINF. ITRPS DECCRIPTZON BItDGET EXPENSF. BALANCE +INC12/ODECR 10-667-103 _ :S>~eryisor ;sS__20,600.00; _106667-108_-;Part=time Salaries _; $ 46,157.00; _1Q_~7Q_103__; Juvenile Prob Officer__;_5~ 12,330.00; _10=66'7_202___; Group. Insurance___; S~ 1,788.00; _1p~70_202_1,Gro~p_Insurance___-_;~S __3,576.00; -1Q~6Z201_,._; FICA Expense,---------'-$---5,199_00;. _1Q=~7Q-2.0.1^; FIC_A__Expe_nse,___--_;_S _ 2,094.00;, iQ-667.-2Q3_____~ Retirement-_____.-__;.5~_-J 442.00; ,) FICA Expense figured on Annual Salaries: 20,000.00-Prob Off. (5) 15,041.00-Secr. 20,600.00-Pmb Off. 55,641.00 x 7.65$ 4,256.53 -2,094.00-Juv Prob budget -1,575.90-Juv Det budget* 586.63 *for Prob Off. + 984.94-Balance transf fran 1,571.57 Juv Detention FICA (Medicare) Portion figured on Annual Salary: 3,000.00-BoaxY3 Members x 1.45$ 43.50 $ 2,313. 2)Retirement Expense figured on Annual Salaries: 20,000.00-Prob Off. (§) 20,600.00-Prob Off. 15,041.00-Secr. 55,641.00 $ 12,675.03; ($ 12,875.03; ;$ 46,157.00; ($ 2,770.00; $ 7,706.25; + $-14,875.03 $ 1,117.50; ($ 1,117.50; $ 2,446.23; + $ 1,117.50_ ~ 41607.97; __~$ ___ 984.94; S~-1, 320_54; + $ 1, 615.07_ $ 901.28; ( $ 901.281 1,578.781 + x 7$ ELECTED OFFICIAL/DEFARTMEIIT ?IEAD SI6NAT[1RE 3,894.87 -2,313.00-Juv Pmb budget -1,442.00-Juv Det budget* 139.87 *for Prob Off. + 901.28-Balance transf from __ _ 1,041.15 ------ DATE ------- FICA recap: 1,571.57 43.50 1,615.07 (~)-Salary includes $2,000 incx (from $18,000 to $20,000) COMMISSIONERS' CDURT AGENDA REQUEST *PLEASE FURNISH ONE ORIGINAL AND Fi VE COPIES OF THIS REQUF T AND DOCUMENTS TO BE REVIEWED BY THE COURT MADE BY: Simon J. Harris, Chief MEETING DATE: February 8, 1994 OFFICE:Juvenile Probation 9:00 a.m. TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC) Consideration of Amending Line Item 10-570-103 Juvenile Probation Officer Salary (Original Bu ge o rea $14,692. EXECUTIVE SESS 1ON REQUESTED: YES ~_ NO PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: 30 minims PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT:` zommy zomlinson Time ror submitting this request for Court to assure that the matter 15 posted fn accordance with Article 6252-i7 1s as follows: * Meetings held on Monday: 12:00 P.M.prevtous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON 02-02-94 ~ All Agenda Requests will be screened by the County Judge's Otfice to determine 1f adequate information has been prepared for the Court's formal consideration and action at time of Court meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earnest opportunity. See Agenda Request Guidelines. ' <~y f; ~~){ qi~.,- Juvenile Probation Services KERB COUNTY 323 Earl Garrett Street Simon ~. Harris Chief juvenile Probation Officer Kerrviue, Tezas ~eoze January 28, 1994 reiePhooe tsizi evF-zzoz Bruce Oehler, Commissioner Precinct No. 4, Kerr County Kerrville, Texas 78028 Dear Commissioner: On August 3, 1993, our Department submitted a budget to the Juvenile Board for approval. The amount of f14,692 in Line Item 10-570-103 (Juvenile Pro Officer) was requested. And matched with State Aid 23-570- 104 (f5,670) to bring the Juvenile Probation Officer's Salary somewhat comparable to that of Rdult Probation; also, to comply with standards established by the Texas Juvenile Probation Commission. After careful scrutiny, a motion was made to accept and approve the budget and it was seconded by another member. The Chairman abstained, stating the Commissioners would not approve it. Rt a Board meeting held September 20, 1993, a request was made by me that the budget for the Detention Center be amended since the Detention Center had closed and responsibility for transporting juveniles was our concern. Also, monies needed to be shifted far other purposes such as medical emergencies, salary, and alternate housing. A Board member suggested that I contact the County Auditor to see if he would approach the Commissioners Court for approval. It was learned during October, 1993, that the budget approved and submitted by the Juvenile Board had been cut approximately 22 per cent. The approval of (14,692 had been reduced to (12,330. Bruce Oehler, Commissioner Page 2 January 28, 1994 The Juvenile Board met October 5, 1993. However, I did not receive timely notice to get on the agenda. Therefore, no discussion of the budget could be made. A request to be placed on the Juvenile Board's agenda was submitted by me. However, the Board met November 23, 1993, with nothing on the agenda concerning our budget. The Juvenile Board met again January 7, 1994, and during a discussion about the probation officer's salary two members voiced same concern over how the Commissioners Court went about changing or reducing the budget without notifying them. Prior to closure of the meeting a Board member suggested that if I felt a need to do so, I could meet with the Commissioners to see if approval would be granted to move (2,362 (Line Item 10-667) previously allocated for the Detention Center to Line Item 10-570-103. This issue will be requested placed on the Commissioners Court agenda for February 8, 1994, at which time the County Auditor has agreed to make the presentation. I will be unable to attend because of a prior commitment involving a juvenile probation workshop. Enclosed you will find two documents that support the premises regarding a Juvenile Probation Officer's salary. Also included are segments of the Texas Juvenile Probation Standards indicating acceptance of State Rid by the Juvenile Board represents its agreement to comply with standards formulated by the Commission. Rnd, lastly several pages taken from our State Rid and Community Corrections Rssistance Agreement, fiscal year 1994, that contains the dollar amount our Juvenile Board will receive when we establish to the satisfaction of the Texas Juvenile Probation Commission that we have complied with the terms of the agreement. Failure on our part to comply could result in termination of State Rid. There is great concern on my part to provide quality services for our youth of Kerr County, and with your help and support that can become a reality. Without a quality staff, it will be most difficult to achieve the above goals. My departure date is set for the morning of February 4, 1994, and prior to that time I would welcome an opportunity to meet with you individually to discuss this matter, Very truly yours, Simon J. Harris SJH/oo M E M O R A N D U M TO: Bi!1 Anderson, Executive Director Texas Juvenile Probation Commission FROM: Carolyn Donaldson, General Counsel Texas Juvenile Probation Commission SUBJECT: \VHETHER THE COytb11SSIONERS' COURT I$ REQUIRED TO APPROVE A BUDGET SUBMITTED BY -_'=E JUVENIL°_ BOARD, OR THE JUVENILE JUDGE, IF THERE IS NC JUVENILE BOAR~_ R, IF THERE IS NONE THE T1V0 LEGAL BASES: (1) UNDER ART SUPP. 1982) and (2) UNDER THE INHE JUVENILE JUDGE, SUS, THIS CONCLUSION RESTS O~~ ~ TEX. REV. CIV. STAT. ANN. (VER.NON'~ ER OF THE COURT. ~ N.eG ~ iyz . oo z ~~ ' a,\'4 ' I. ~• STATUTORY PROVISIONS Article 5138d TEX. REV. CIV. STAT. ANN. (Vernon's Supp. 1982) enables juvenile boards become the administrative unit for the provision of juvenile services. That statute provides as follows, in relevant parr: (b) In all Texas Counties, the juvenile board, or, if there is none, the juvenile court may, with the advice and consent of ttie comn~lssioners court, employ and designate the titles and fix the salaries of probation officers and of administrative, supervisory, stenographic, .~.:,d other clerical personnel who are necessary to provide juvenile probation sen~ices according to the standards established by ;he Texas Juvenilr- Probation Commission and the needs of the local juris~iction as ' deter,~,ined by the juver•.ile board, er, if there is none, the juvenile sour?. Ths determination, if inconsistent with salaries established by laws °OVe!nln~ She creation Of a juvenile proba?IOn deDBCtmenT for a ap rtic!Ilar jurisdiction. supersedes and controls over those statutory provisions. (emphasis added) Prior to the passage of this statute, Art. SI42d V.T.C.S. was the statutory language oovernin; the a,.pointmen;, szl~ries, and removal of juvenile probation officers. Article 5138d, bein the most rece.^,tl;' e^ac:~•d provision would supersede those p: ovisions of 51 u2d in which there was a conflict. Luce v. City of Dallas, 131 S.W. 2 1079 (Tex. Civ. App. -Dallas 1939, error ref'd). However, rules of statutory construction and repeal are not required because 5138d has an express repealer. Certainly there can be little doubt that the repealer was referring to Article 5142 et seq. (including 51424) as being among the "law[s] governing the creation of a juvenile probation department for a particular jurisdiction" as 5142 et seq. is the general legislation which governs the qu=!~~i:aions, duties, appointments, salaries and removal of juvenile probation officers. Commissioners C~u- of Lubbock County v. Martin, 471 S.W. 2d 100 (Tex. Civ. App. - Amariilo 1971, writ ref'd. n.r.e.) and Commissioners Court of Hays County v. District Judge, 506 S.W. 2d 63C (Tex. Civ. App. -Austin 1974, writ ref'd. n.r.e.) when the courts reviewed Art. 42.12 §10, T.X. CODE CRihi. PRO. ANN. (Vernon 1978). At that time Art. 42.12 Section 10 provided: Sec. 10. For the purpose of providing adequate probation sere~ices, ti,e district judge or district judges having original jurisdiction of criminal actions in the county or counties, if applicable, are authorized, with the advice and consent of the commissioners court as hereinafter provided, to employ and designate the titles and fix the salaries of probation officers, and such administrative, supervisory, stenographic, clerical, and other personnel as may be necessary to conduct presentence investigations, and enforce the terms and conditions of probation .. . "Both the Amarillo and Austin Courts construed this language to put responsibility for fixing the budget in the district judge with the responsibility of the commissioners court being to budget, appropriate and pay the expenditures established in the budget so long as the judge's actions were not unreasonable, arbitrary or capricious so as to amount to an abuse of discretion." TEX. ATT`Y GEN. OP. NO. H-1296 (1978). Because the language of 51384 is almost identical in its use of the te: ms, "with the advice and consent of the commissioners court" the same judicial interpretation should apply. In United Savings Association of Texas v. Vandergriff, 594 S.W. 2d 163 (Texas Civ. Aoo. - Austin 1980, writ ref'd. n.r.e.) the Austin Court stated ". in enacting statutes the legislature is presumed to have taken notice of court decisions construing p: for analogous Statutes, and jUdlClal COnSLrUCtIOn mU52 therefore be read :nto su5sequent statutes." Consequently, Article 51384 confers on juvenile boards o: in the absence thereof, juvenile courts, similar powers and responsibilities for fixing the salaries of personnel ir. the juvenile probation departn-.en*.s as 42.12 §10 confers on district courts as regards :he s=_laties of adult -2- probation department personnel. [I. INHERENT POWER Notwithstanding. all the previous arguments, another, more overriding issue precludes giving commissioners court any veto power over juvenile judges or juvenile courts within the local jurisdictions. : exas only recently fully embraced the inherent power of the judges of the courts to act to protect and preserve the proper administration of the judicial system_ See EichelberQer v. °_icheiber~er 582 S.W. 2d 3395 (Tex. 1979). Eichelber~er distinguished the inherent power .f ~ .e court from the implied power when the Texas Supreme Court stated: The imaIied powers of a court do not stand on such an independent basis as those described as inherent. Though not directly or expressly granted by constituticnal or legislative enactment, implied powers are those which can aid ought to be implied from an express grant of power. These powers were recognized by this court in Ex Parte Hughes, !33 Tex. 505 129 S.W. 2d 270 (1939). The inherent judicial power of a court is not derived from legislative grant or specific constitutional provision, but from the very fact that the court has been created and charged by the constitution with certain duties and responsibilities. The inherent powers of a court are those which it may ca!I upon to aid in the exercise of its jurisdiction, in the administration of justice, and in the preservation of its independence and integrity. Inherent power of the courts has existed since the days of the Inns of Court in common law English jurisprudence. Nevitt v. 1Vilson, 116 Tex. 29, 285 S.R'. 1079, 1083 (1926); People ex rel. Karlin v. Culkin, 248 N.Y., 465, 162 N.E. 487 (1928). It also springs from the doctrine of separation of powers between the three governments( branches. Tex. Const. Art. il, Sec. 1. This power exists to enable our courts to effectively perform their judicial functions and to protect their dignity, independence and integrity. The courts of this State have recognized the existence of each of these judicial powers tc employ necessary personnel with which to perform its judicial functions and to fix the salar of such personnel. The Amarillo Court stated in Commissioners Court of Lubbock County v A4artin, supra, ". . [w]e have no doubt that a district judge has the implied power to appoin probation personnel and set their compensation in the event such action is essential to th~ continuing effective administration of the business of the court." (emphasis added). In Vondy v. Commissioners Court of Uvalde Count~•, 620 5.~~'. 7.d 104, (Tex. 19St), th Su preme Court strongly embraced the inhereni powers of the court to effectuate jud ici~ -3- responsibilities. The court stated: This court, as well as the trial court, has inherent power to act to protect and preserve the proper administration of the judicial system. The Texas Constitution now recognizes this fundamental principle by providing that the Supreme Court "shall exercise the judicial power of the State except as otherwise provided in this Constitution." Tex. Const_ Art. V §3 (effective September 1, 1981) ... . Texas courts have recognized their inherent powers to control their judgments, e.g., Coleman v. Zapp, 105 Tex. 491, 151 S.W. 1040, 1041 (19i2), to punish by contempt, e.g. Ex Parte Barnett, 6D0 S.W. 2d 252, 254 (-,..~_ 1980), to summon and compel the attendance of witnesses, e.g., E~.`~ttscheli v. Sheppard, 123 Tex. 113, 69 S. W. 2d 402, 403 (1934), and to regulate the admission to the practice of law, e.g., State Bar of Texas v. Heard, 603 S.Fl. 2d 829, 831 (Tex. 1980); Scott v. State, 86 Tex. 321, 24 S.W. 789, 790 (1894). In one instance, a Texas court recognized that a district court would have the power to appoint probation personnel and set their compensation if that action were necessary for the effective administration of the business of the court. Commissioners Court of Lubbock County v. h7artin, 471 S. W. 2d 100, 110 (Tex. Civ. App. -Amarillo 1971, writ ref'd. n.r.e.) The court then concluded: The legislative branch of this state has the duty to provide the judiciary with the funds necessary for the judicial branch to function adequately. if this were not so, a legislative body could destroy the judiciary by refusing to adequately fund the courts. The judiciary must have the authority to prevent any interference with or impair- ment of the administration of justice in this state. The case most cited by state courts end one which Vond cites is I~'oble County Council v. Fifer, 234 Ind. 172, I25 N.E. 2d 709. That case considered the ancillary functions of a modern court in the criminal justice field and the right of a court to provide such services when it stated: . .The authority of the court to appoint a probation officer, fix his salary and require payment thereof, does not rest upon mere legislative fiat. The court has inherent and constitutiona! authority to employ necessary personnel with which to perform its inherent and consti- tutional functions, znd to fix the salary of such personnel, within reaso,^,able standards, and to require appropriation and payment thereoo.-. The necessity of such authorit}' in the courts is grounded upon the most fundamental and far reaching considerations. The p: eserving of the constitutional framework of our government against encroachment b}• one branch upon another is one of the prime respor.sibili*.ies of our courts. within and dependent uppn this struc_cre of constitutional gover r,ment our people are blessed by a galaxy' .._ rights, privileges and immunities guaranteed to us by the constitutional declaration. These mandates necessarily carry with them the right to quarters appropriate to the office and personnel adequate to perform the functions thereof. The right to appoint a necessary staff of personnel necessarily carries with it the right to have such appointees paid a salary commensurate v.•ith their responsibilities. The right cannot be made amenable to and or de,.ied by a county council or the legislature itself. The arm which holds t~~e scales of justice cannot be shackeled or made impotent by either restraint, circumvention or denied by another branch of governme.^.t ... . For the same -=sons cited by the Indiana Court and recited by the Texas Courts the responsibility for adopting a budget, for hiring personnel and setting salaries and alI the ancillary functions required for the provision of juvenile probation services rests in the juvenile courts of this State or their counterparts, the juvenile boards, an administrative unit of the judiciary having jurisdiction ove r juveniles. III ><,~5 ~ ~~x „ ;~s.u w~u,-aa,;~e .+w..cmx:,.. CONCLUSIQ `~„ .@PA'."d'tE'2rX~F~'.R+.~'»s.c. .... ..~-:. u"w'~k.sw~.:N,,.~. cLt~%35.a . u..."#,,,d....t,c .1,.. ~ .. The Commissioners' Court, having no veto over a budget submitted by the juvenile board, ory if there is none, the juvenile judge, unless the budget request is unreasonable, arbitrary, and capricious, must approve the budget and approve the funds therefor. ,.. ,, ,,..y.:,, ...., ,, ".~.. eeRA4 ..d '.. r +~F sj;n c,...+ 4. -5- LIST OF CASES/TEXTS 1. THE GEtiE~AL RULE 20 Am. Jr. 2d Courts §79 (1965) 21 C.J.S. Courts X14 (1940) 2. INHERENT POWER OF COURT TO EMPLOY NECESSARY PERSONNEL Noble Ce~_;~ty Council v. State, 234 Ind. 172, 125 N.E. 2d 709 (1955). probation ~~icers Judges Fa- =he Third Judicial Circuit v. County of Wayne, 386 Mich. 1, 190 N.W. 2d 228, 59 A.L.R. 3d 548, Cert. den. 405 U.S. 923, 30 L.Ed. 2d 794, 92 S. Ct. 961 Smith v. l~il'er, 153 Colo. 35, 384 P. 2d 738 (Colo. 1963) Carlson v. Sta*_e, 220 N.E. 2d 532 (Ind. 1966) [probation personnel] Board of Commissioners of Flathead County v. Eleventh Judicial District Court, 597 P. Zd 728 (Mont. 1979) State ex rel. Lorig v. Brd. of Commissioners, 52 Ohio St. 2d 70, 369 N.E. 2d 1046 (Ohio 1977) Azbarea v. City of North Las Vegas, 590 P 2d 161 (Nev. 1979) Zylstra v. Piva, 539 P 2d S23 (Wash. 1975) State ex rel. Weinstein v. St. Louis Count ~, 451 S.W. 2d 99 (Mo. 1970) probation personnel Young v. Board of County Commissioners of Pershinp~County, Nevada, 530 P. 2d 1203 (Jan. 1975) Lpower to employ personnel, set budget Peo le ex rel. Conn. v. Randolph, 35 Ill. 2d 24, 219 N.E. 2d 337, 18 A.L.R. 3d 1065 Ill. 1966 County of Dane v. Smith (1861) 13 Wis. 585 [arty for indigent] Re. Surcharge of Count Commissioners (1929) 12 Pa. D Lti C, 471 M. on Behalf of T.V.S., 404 A_ 2d 653 N.J. 1979r[assigned counsel, experts, costs; use of St., Fed. 8c local funds] Commonwealth ex rel. Carroll v. Tate, 442 Pa. 45, 274 A 2d 193 (Pa. 1971); Cert. den. 40Z U.S. 974, 29 L.Ed. 2d 138, 91 5. Ct. 1665 [court personnel] l4illholen v. Riley, 111 Cal. 29, 293 P. 69 (Calif. 1930) [secretary) St. ex. rel. Edwards v. Murray, 48 Ohio St. 2d 303, N.E. 2d 577 (Ohio 1977) RaDD3DOri v. Payne 139 Cal. App. 772, 35 P. 2d 1S3 (Dist. Ct. Cal. I934) [court reporter Smith v. Miller, I53 Colo. 35, 384 P. 2d 738, (Colo. 1963) State ex rel. Schneider v. Cunningham. 39 loon. 165, 101 P. 962 (lion:. 1909) assistants, Vollmer ~~. Willis (1938) 32 Pa. D ~ C 313, 20 Erie Co. L.J. 41, 86 Pittsb. Leg. J. 504. cler';s in sheriff's office] Dunn v. S:. ex rel. Corydon (1933) 204 ]nd. 390, 184 N.E. 535 [court page] Carlson v. S:a:e. 22G N.E. ~~ 532 (inc. 1966) [setting bailiff's and referee's saian~s] ~ 3. INHERENT POWER TO PAY FOR GOODS AND SERVICES Schmelzel v. Board of Count Commissioners, 16 Idaho 32, 100 P. 106 (Idaho 1909) power to o: der payment for haircuts and shaves for jurors] 4. INHERENT POWER OF COURT TO ORDER PAYMENT FOR PROPER COUF o n .-rr ,- Woods v.:~ 233 Ind. 320, 119 N.E. 2d 558 (1954) [remodeling of courthouse] Zan erle ~:. ~ourt of Common Pleas, 141 Ohio St. 70, 46 N.E. 2d 865 (Ohio 1843) courthous>__oace State ex re!. Finle v. Pfeiffer, 163 Ohio 149, 126 N.E. 2d 57 (Ohio 1955) allocation of courthouse space In re. Courtroom and Officers of Fifth Branch Circuit Court Milwaukee Countv 148 Wis. 109. !34 N.W. 490 lWis. 1912 McCalmont v. Allegheny County, 29 Pa. 417 (1857) [appropriate office and storage] State ex rel. Kitzmeyer v. Davis, 26 Nev. 373, 68 P. 689 (Nev. 1902) State ex rel. Re Holds v. Count Court of Kenosha Count 11 1Vis. 2d 560, 105 N.W. 2d 876 (Wisc. 1960 air conditioning Board of Commisioners of `x'hite County v. Gwin. 136 Ind. 562, 36 N.E. 237 14 Am. 7ur. Courts 4171 (i938) [repairs to courthouse] State ex rel. Indianapolis-Marion Countv Bldg. Authori v. Superior Court o: telephone system) -2- TEXAS DECISIONS Vondy v. Co-„missionecs Court of Uvalde, 620 S. W. 2d 104 (TX 1981) *Eic'r.elber;er v. EichelberRer, 582 S. W. 2d 395 (TX 1979} * The io~owirg cases are listed in EicheiberQer as footnote 1: 1. TO CHA`=~_. SET ASIDE OR OTHERWISE CONTROL THEIR JUDGMENTS A. F. Jones ~• Sons v. Recublic Supply Co., 151 Tex. 90, 246 S.W. 2d 853 (1952) Nevitt v.lUilson, 116 Tex. 29, 285 S.W. 1079 (1926) Townes v. Lattimore, 114 Tex . 511, 272 S.W . 435 (1925) In re House Bill 537, 113 Tex. 367, 256 S. W. 573 (1923) Coleman v. 2:aop, 105 Tex. 49 1, 151 S.W. 1040 (1912) Cotten v. Moore, 101 Tex. 45, 104 S. W. 1053 (1907) ~' Ga a v. Dallas Power ck Li ht Co., 241 S. W. 2d 196 (Tex. Civ. App. -Dallas 1951, no writ per curiam) 2. 7'O SUMMON AND COMPEL THE ATTENDANCE OF WITNESSES Burttschell v. Sheppard, 123 Tex. 1I3, 69 S.W. 2d 402 (19341 Bludworth v. State, 168 Tex. Crim. 549, 330 S.W. 2d 436, 438 (1959) 3. TO PUNISH BY CONTEMPT Ex Parte Browne, 543 S. W. 2d S2 (Tex. 1976) Cleveland v. State, 508 S.W. 2d 829, 831 (Tex. Crim. App. 1974) Ex Parte Myrick, 474 S.W'. 2d 767, 769 (Tex. Civ. App. -Houston [1st Dist.] 1971, no writ) 4. TO REGULATE THE AD'~iISSION AND PR.0.CTICE OF LAU' Scott v. State, 86 Tex. 321, 2!.' S.W. 789, 790 (1S94) (power to disbar is inherent judicial power) State v. Tunsta!!, 51 Tex. 31, 86 (1879) Jackson v. State, 21 Tex. 665, 672-73 (1858) State v. Pounds, 525 S.W. 2d 547 (Tex. Civ. App. -Amarillo 1975, writ ref'd n.r.e.) (power to disbar) Grievance Committee State Bar of Texas, Twi 190 S. W. 2d 130, 131 Tex. Civ. App. -Austin to determine what constitutes practice of law) Grievance Committee. State Bar of Texas. Two first Con .Dist v. Cor el no writ inherent power first Cong. Dist. v. Dean, i7u ~.w. to i[b Uex. c.,rv. hpp. - Husnn 174, no wriz~ Bryant v. State, 457 S.W. 2d 72, 78 .(Tex. Civ. App. -Eastland 1970, writ ref'd n.r.e.) Burns v. Sate, 76 S.W. 2d 172 (Tex. Civ. App. - Ft. Worth 1934), rev'd on other ~rou;~ s, 103 S.W. 2d 960 (Tex. Comm'n App. 1937, opinion adopted Tex: Atty Gin Op. No. M-393 (1969) cf. Hexter Title do Abstract Co. v. Grievance Committee, Fifth Cong. Dist., State Bar of ; exas, 142 Tex. 506, 179 S.W. 2d 946 (1944) Wichita County v. Griffin, 284 S.W. 2d 253 (Tex. Civ: App. - Ft. Worth 1955, no writ 5. TO TO AID THE COURT IN THE EXERCISE OF ITS Commissioners Court of Lubbock Count v. M Civ. App. -Amarillo 1971, writ, ref'd. n.r.e. officers) TEXAS DECISIONS 471 S. W. 2d 100, 109 (Tex. to provide for adult probation Vondv v. Commissioners Court of Uvalde, 620 S.W. 2d 104 (Tx. 1981) *Eichelberger v. Eichelberger, 582 S.W. 2d 395 (Tx. 1979) *For extensive list of Texas cases, see Eichelberger, Footnote 1 at pp. 398,399. :~ -;~; >, ~~ The Attorney General of Texas December 31, 1982 MARK WH17E Attorney General Supreme Court Building P O. Box 12548 Austin. TX. 78711- 2548 512/4752501 Telex 910iE741367 Teieco pier 5124750266 Honorable Tom Wells, III Lamar County Attorney Courthouse Paris, Texas 75460 Opinion tio. `r+'-3A7 Re: Salary of Lamar County Juvenile Probation Officers Dear Mr. Wells: 1607 blam 51., Suite 1400 You have asked if the Lamar County Commissioners Court is Dallas, TX. 75201 4709 21:i7az.a9aa required to approve the salary of the juvenile probation officer as established by the county juvenile board. 4x24 Aroena Aye.. Swte 160 prior to the assn e of article 5138d, 1'. T.C.S. , in 1981, article p g ~~ ?aso. TX 79905-2793 5142 et sea. governed the salaries of juvenile probation officers of 9!5:5333484 particular jurisdictions. Article 5142d provides that juvenile boards "shall recommend the salary to be paid to (the] Juvenile Officer... Callas Ave., Suite 202 which salary shall be approved by the Commissioners Court...." H.; uslon, TX. 770026986 ' (Emphasis added). Under this provision, salaries set by the juvenile ?31650-0666 board are not final but conditioned upon the approval of the commissioners court. Attorney General Opinion H-1296 (1978). See ao66rcaa v:ay. Suite 312 also Attorney General Opinion MW-15 (1979) (same result for counties luoocck. TX. 794013:79 covered by article 5142b, which provides that salaries be "fixed by ao6n475z3a the Juvenile Board subject to the approval of the Count}• Commissioners Court"). c309 N. Tenth. Suite 0 I/cAiien. TX. 785011665 However, in 1981 the Texas Legislature acted to improve juvenile 5t2i582~4547 probation services throughout the state. As a counterpart to the Adult Probation Commission, see Code of Criminal Procedure article zoo Main Pia:a. Suite 4U0 42.121, the Texas Juvenile Probation Commission wa=_ created to provide San Antonio, TX. 782052797 state aid to local juvenile boards and to set sta. yards for probation sz;225-4191 officers. See Human Resources Code 475.001 et sea. In addition, the legislature provided for the establishment of county juvenile An ECUal Opportu nity! probation departments by enacting article 5138d, which reads in Athrmatrve Action Employer pertinent part: (b) In all Texas counties, the juvenile board or, if there is none, the juvenile court ma~~, with the advice and consent of the commissioners court, emolov and designate the titles and :ir. the salaries of ozobation officers and of administrative, supervisory, stenographic, and Y.onorable Tom We_~s, III - Page 2 (Mw-SS7) other clerical personnel who are necessary to provide juvenile probation services according to the standards established by the Texas Juvenile __ Probation Commission and the needs of the local jurisdiction as determined by the juvenile board or, if there is none, the juvenile court. This determination, if inconsistent with salaries established by laws governing the creation of juvenile probation department for a particular jurisdiction, supersedes and controls over those statutory provisions. (Emphasis added). The legislature thus expressly provides that the compensation established under article 5138d overrules salary determinations made under all other statutory provisions -- including article 5142d. In Commissioners Court of Lubbock County v. Martin, 471 S.W.2d 100 (Tex. Civ. App. - Amarillo 1971, writ ref'd n. r. e.) and Commissioners Court of Hays County v. District Judge, 506 S.W.2d 630 (Tex. Civ. App. - Austin 1974, writ ref'd n.r.e.), the courts con- strued an almost identical standard for setting the salaries of adult probation officers under article 42.12, section 10 of the Code of- Criminal Procedure. At that time, article 42.12, section 10 provided: (T]he district judge or district judges... are authorized, with the advice and consent of the commissioners court as hereinafter provided, to employ and designate the titles and fix the salaries of probation officers, and such admini- strative, supervisory, stenographic, clerical, and other personnel as may be necessary.... Given the legislative purpose to create district-wide probation services and the intent to place the responsibility for probation supervision within the district courts, the courts concluded that this ~tatutorv la~uage required the iudRes merely to consult with the commissioners court in preparing the probation services ~u~'£et• the commissioners court was not authorized to reject the budge' submitted by the district fudges unless the budY.,at wa o unreasonable arbitrary or capricious as to amount to an abuse of the fudges' ~_.l;cr_ r yPrton, 471 S.W.2d 107-08. See also Cor..missioners Court of Havs County, supra, at 635; Attorney General Opinion *1 393 (1969). ...=r~R ~~+ ~' ~:.¢. v. ags .,.,., .~ ~:`r a ;ar xegax ~', z3 :2~,r as~a- wr.. tin ,.-. •.- -. In enacting statutes, the legislature is presumed to have taken notice of court decisions construing prior analogous statutes; judicial construction of similar language will be read into subsequent statutes. United Savings Association of Texas v. yandcg^ ff, 594 S.W.2d 163, 169 (Ter.. Civ. App. - Austin 1980, writ ref'd n.r.e.). We are therefore of the opinion that article 5138d confers upor. juvenile 2180 Nor.orable Tom We III - ?'age 3 (.IW-587) boards (the administrative units of the judiciary), or in the absence of such boards, the juvenile courts themselves, the same authority to fi:; the salaries of juvenile probation personnel that the adult probation statute conferred upon district judges regarding the salaries of adult probation personnel. This conclusion is in accord with recent Texas court decisions which recognize the inherent power of a court to compel the payment of reasonable sums of money needed to carry out judicial responsibilities, independently of the other branches of government. See Vondy v. Commissioners Court of Uvalde County, 620 S.W.2d 104, 109-10 (Tex. 1981); Commissioners Court of Lubbock County v. Martin, supra, at 110 (district court would have the power [o appoint probation personnel and set their salaries if such action is necessary for the effective administration of the court`s business). See also Noble County Council v. State, 125 N.E.2d 709, 714 (Ind. 1955). The commissioners co salary of the juvenile the juvenile board or Juvenile court, absent a clear abuse of discretion. `~;$MS~N{kVd`d fiti9t /N R'iPxf`k'YANMW.R`1NkoatAW rt~ 1.nhy.s4':rv ~4K:NfM11/VffhP~ ttWew;Nk%vM.w ~~~- -i JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III E>;ecutive Assistant Attorney General Prepared by Patricia Hinojosa Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chaiman Jon Bible Rick Gilpin George Gray Patricia Hinojosa Jim Moellinger urt must budget and pay the ~':5' >n- probation officer as set by ~: p. _"_~' M A R K W H I T E Attorney General of Texas •.r ~ TEXAS JUVENILE PROBATION STANDARDS REVISED AUGUST 1989 STANDARDS FOR JUVENILE BOARDS, PROBATION OFFICERS AND FACILITIES IN TEXAS TEXAS JUVENILE PROBATION COMMISSION Bill Anderson, Executive Director P. O. Box 13547, Capitol Station Austin, Texas 78711-3547 2015 South IH-35 5121443-2001 PUBLISHED AUGUST 1989 i~~ 37 TAC § 341.1 TFxAS JUVEAIILE unlawful, or not supported by substantial evi- dence. (H) The commission may remand any ap- peal to the boazd for further proceedings if the interests of justice so require. (I) The commiuion shall notify the officer of its decision in writing within 30 days after it has reached a decision. So,uee: The provisions of this §341.1 adopted to be effective September 9, 1983, 8 TexReg 3320; amended to be effective April 20, 1988, 13 TexReg 1673. § 341.2. Local Juvenile Board Administra- tion (a) Local juvenile probation service system. The juvenile board of the county is the statutory ad- ministrative authority and shall evaluate, monitor, and, when necessary, recommend modification of all functions of juvenile probation services, in accordance with the commission standazds. (b) Juvenile service organization. The juvenile board shall ensure that each autonomous juvenile probation department is headed by a single ad- ministrative officer, who shall be responsible to the boazd. (c) Joint service organization. The juvenile boazd, when probation services for adult and juve- nile offenders are provided by a single probation office, shall ensure that the juvenile department policies, programs, and procedures are clearly dif- ferentiated. (d) Local juvenile probation services adminis- tration. Unless a counts juvenile boazd statute provides otherwise, the juvenile boazd shall speci- fy the responsibilities and functions of the juve- nile probation department as well as the authori- ty, responsibility, and funMion of the position of the chief administrative officer. (e) Local management The juvenile boazd shall ensure that the chief administrative officer devel• ops and maintains an administrative manual which includes policies, procedures, and regula- tions of the juvenile probation department as well as a current organvational chart depicting struc- ture, lines of authority, and responsibility. (f) Fiscal policy. The juvenile board shall promulgate written fiscal policies and procedures to be followed by the designated fiscal officer. They shall include, at a minimum: internal con- trols, petty cash, bonding, signature control of checks, and employee expense reimbursement tanaava~ ~.vduiYf~liAlllf~i`-m,•••.• _.,,.,-: w• • •:•....•,. (g) Standards compliance. The juvenile boazd's acceptance of state aid represents its agreement to comply with the minimum sandazds and rules as formulated and adopted b the commission. 'a ~; ecounting responsibility. The juvenile boazd shall assign accounting responsibility for fiscal affairs to an appropriate county or district fiscal officer. An annual operating budget shall be prepared and maintained in a manner consistent with standazd accounting procedures and shall be submitted to the commission. (i) Fiscal responsibility. The juvenile boazd shall ensure that commission funds aze retained is a special fund in the designated county depository, or in instances of multicounty jurisdictions, in the depository of the most populated county, to ensure security and separate accountability. The juvenile board shall furnish annual fiscal audits of local funds and state aid ftinds to the commission. (j) Surety bond. The juvenile boazds shall en- sure that all public monies aze protected by re- quiring that all employees with access to monies aze covered by surety bonds. (k)Independentaudits The juvenile board shall provide and submit a fiscal audit of program expenditures to the commission following comply lion of the contract period. (1) Financial and statistical records. The juve- nile boazd shall ensure that juvenile probation departmenu retain pertinent financial and statisti- cal records, documeau, and papers as required by the commission and submit periodic financial and statistical reports to the commission. (m) Minimum facilities. The juvenile board shall ensure that adequate office space is provided for all juvenile probation officers. There should be a private office or a place for interviewing and counseling clients privately. Each office should have the necessary lighting, air conditioning, heat- ing, telephones, furniture, equipment, and square footage to ensure effective delivery of services. The location of the juvenile probation facility and other field offices should be reasonably accessible to children, families, and the general community. (n) Contracts for services to juveniles. The juve- nile board shall encourage contracts with private agencies for community residential services and community nonresidential services. The juvenile board shall encourage the development of addi- tional community facilities and community ser- vice resources. ::, :.. TEXAS JUVENILE PROHATIOAI COMMISSIOAI aource: The provisions of this §3g1.2 adopted to ba effective Sep ember 9, 1983, 8 TexReg 3320. § 341.3. Juvenlle Probation Services (a) Juvenile probation process. The chief admin- istrative officer shall ensure that policy and proce- d~re guidelines of the juvenile boazd include the following. - (1) process for detention; (2) informal adjustment; (3) conditions of probation; (4) violation of probation; and (5) wort appearances. (b) Public protection. The chief administrative officer shall ensure that juvenile probation per- ' sonnel are cognizant of their responsibility to the community and will initiate proper procedures to protect the community from youthful offenders. i (c) Juvenile probation services for probationers. The chief adttunistrative officer shall ensure that both the juvenile probationer and parents or guazdians are apprised of the wort procedures as well as programs and wnditions of probation. (d) Written reports. The chief administrative officer shall ensure that juvenile probation offi- cers follow a standazd format for written reports to be submitted to the wort and to the Texas Youth Commission. (e) Case rewrd management. The chief adminis- trative officer shall maintain and update all writ- ten policies, procedures, and rules as promulgated by the juvenile board and/or the wmmission. (f) Agency cooperation. The chief administrative offices shall cooperate with all community inter- est groups and service agencies which enhance juvenile justice programs. (g) Community involvement. The chief adminis- trative officer should encourage community edu- cation and public involvement in the juvenile jus- tice system process. (h) Volunteers. The chief administrative officer shall enwurage the use of volunteers and provide orientation and training for all citizens involved. (i) Courtesy supervision. The chief administra- tive officer, with juvenile board approval, shall develop policies and procedures for the transfer of juvenile probation supervision to or from other departments in regazd to properly requested cotu•- tesy supervision. 37 TAC § 341.4 (j) Victims rights/restitution. The chief adminis- trative officer, with juvenile board approval, shall establish guidelines for the receipt, accounting, and disbursement of restitution monies. (k) Research and management systems. The chief administrative officer shall develop an orga- nized system of information and data gathering on juvenile probation activity that can be used for research and management purposes. 8ourca The provision of this 4341.3 adopted to be effective September 9, 1983, 8 TexRCg 3320. § 341.4. Juvenile Probation Personnel (a) Probation department personnel employ- ment, promotion, and discharge. The juvenile board shall ensure that juvenile probation officer qualifications for employment adhere to the Hu- man Resources Code, §75.042, and any additional standazds promulgated by the commission. The juvenile boazd should ensure that the selection, retention, and promotion of all probation depart- ment personnel are on the basis of merit, per- formance, and specific qualifications. (b) Employment requirements/exceptions. 7u- venile probation officers must meet the statutory requiremenu relating to employment eligibility. The juvenile probation department may apply to the commission for exemption of the require- ments of one yeaz of experience or graduate study. The application should document that rea- sonable efforts were made to employ a probation officer with one yeaz of experience or graduate study and state why, in their opinion, the efforts were unsuccessful. Internship may be considered as experience, where the duties aze those of a probation officer and the intern is supervised by a }(c) Employment requirements for juvenile pro- bation officer one yeaz graduate study defined. The phrase "one yeaz of graduate study;' Texas Juvenile Probation Commission AM, Subchapter C, §75.042(3)(A), is interpreted to mean at least 24 post-graduate credit hours earned in the behavior- -' al science field with certification from the school of enrollment attesting that the student has an acceptable scholastic standing. The following fields of graduate study presently approved by the commission are: criminology, corrections, coun- seling, law, social work, psychology, sociology, ~' cultural anthropology, business management, public admimstratlon, and education. 5 -u -:y~.. 37 TAC § 341.4 TEXAS JWEAlII.E PROBATIO11i COMMISSIOAi. nel/salaries. The juvenile board shall ensure tha all salary levels of juvenile probation departmen personnel aze reasonable and comparable with prevailing salaries of the public and private sec- . tors, in the respective county or districU~ s. Al] t e ene is and allow- ances provided lot:al county employees shall also be included for juvenile probation services per- . sonnel in the respective county or district. ";officer shall publish written personnel policies for all employees. Each employee should receive a copy of the personnel policies at time of employ- ment and a copy of any changes enabled during employment. (1) Evaluation. The chief administrative offi- cer should ensure that personnel policy requires an annual review of each employee's perform- ance. The evaluation will be in writing and discussed with the employee. (2) Grievance procedures. The chief adminis- trative officer should ensure that a written grievance procedure is contained in the person- nel policy publication. (f) Probation personnel/referral ratio. The juve- nile boazd shall strive to employ at least one juvenile probation officer with necessary support services for each 100 referrals annually, A referral occurs when some action is taken by a juvenile probation department in response to an allegation of delinquent conduct or conduct indicating a need of supervision. (g) Equal opportunity. The juvenile boazd shall ensure that the juvenile probation department and juvenile detention facility complies with all state and federal equal employment opportunity laws and regulations. A person shall not be discrimi• hated against in the hiring, promotion, discharge, pay, fringe benefits, or other aspects of employ- ment, on the basis of that person's race, color, religion, sex, national origin, age, or disability. (h) Probationary employment requirements. The chief administrative officer shall ensure that written policy and procedure guidelines state that all entry level personnel should be employed for a probationary term with unsatisfaaory perfora2- ance resulting in dismissal. The probationary em• ployment may follow the established county poli- cY regarding employment performance require- ments. (i) Training program. The chief administrative officer shall ensure that each department develops a training program and training statement outlin- ing curriculum and resources used. (j) Training required for recertification. The chief administrative officer shall ensure that all juvenile probation officers be certified and receive 40 hours of training each yeaz, Recertification is required every two years. Training requirements aze mandatory for recertification. (k) Preservice training. The chief administrative officer shall ensure that written policies nerd pro- cedures provide that all full-time juvenile proba- tion officers receive 40 hottn of orientation train- ing within the first six months of their employ- ment. The curriculum for such training will be submitted to the commission for approval. (l) Identification. The chief administrative offi= cer shall ensure that each juvenile probation offi- cer is furnished proper official identification. (m) Support services. The chief administrative officer shall ensure that juvenile probation offi- cers have adequate support services in order to carry out their duties and responsibilities is an efficient tnanaer. (n) Professional activities. The juvenile board shall ensure that juvenile probation departments encourage participation of persotmel in appropri- ate professional orgaai7ations, meetit2gs, and con- ferences. The juvenile probation department should maintain professional journals, publica- tions, and calendazs of professional events. (o) Aato liability insurance. The juvenile boazd shall ensure that probation petsotmel provide doc- umentation of personal liability insurance cover- age and medical payment passenger coverage in- surance for ail vehicles used on official business. 8oarec 1tu provisioos of this §341.4 adopted to be eHegive September 9, 2983, 8 Texi2eg 3320. § 341.3. Jwenfie Detention Services (a) Detention services operation. The chief ad- ministrative officex shall ensure that the detention facility has written policy guidelines which specif- ically describe Purposes. Programs. and proce• dares. The guidelines shall address all duties of the administrator, the organi2ational structure, and accotmtability requirements for each employ- ee position. 6 i~~ 37 TAC § 341.6 TEXAS JUVENILE PROBATION included for juvenile detention personnel in the rupective county or district. (e) Personnel policy. The juvenile boazd shall publish written personnel policies for all deten- tion employees. Each employee should receive a copy of the personnel policy at the time of em- ployment and a copy of any changes enacted during employment. (1) Evaluation. The chief administrative offi- cer should ensure that personnel policy requires an annual review of each employees perform- ance. The evaluation will be in writing and discussed with the employee. (2) Grievance procedures. The chief adminis- trative officer should ensure that a written grievance procedure is contained in the person- nel polity publication. (~ Probationary employment requirements. The juvenile boazd shall ensure that written policies and procedures state that all entry level personnel should be employed for a probationary term with unsatisfactory performance resulting in dismissal, or other appropriate action consistent with county policy regarding employment performance re- quirements. (g) Detention personnel training program. The chief administrative officer shall ensure that a commission-approved training program is provid- ed for all detention personnel. (h) Detention child-care personnel training, pre- service and annual. The chief administrative offi- cer shall ensure that all full-time juvenile deten- tion child-raze personnel receive 40 hours of on ientation training within the first six-months of their employment. The chief administrative offi- cer shall ensure that all detention child-raze per- sonnel receive 40 hours of annual training. The curritvlum for such training will be submitted to the commission for approval. (i) Personnel identification. The chief adminis- trative officer shall ensure that juvenile detention personnel are furnished proper official identifica- tion. (j) Support services, The chief administrative officer shall ensure that detention childcaze per- sonnel have adequate support services in order to carry out their duties and responsibilities in an efficient manner. (k) Professional activities The juvenile boazd shall encourage participation of all detention per- sonnel in appropriate professional organizations, meetings, and conferences. The juvenile detention facility should maintain applicable professional journals, publications, and calendazs of profes- sional events. (1) Auto liability insurance. The juvenile boazd shall ensure that detention personnel provide doc- umentation of personal liability insurance cover- age and medical payment passenger insurance rnverage for all vehicles used in official business. Sartre The provisions of this §341.6 adopted to be effective September 9, 1983, 8 TexReg 3320. § 341.7. Local JuveWle Boards-Advisory Counclls (a) Juvenile boazd duties. Juvenile boazd duties shall be governed by the individual boazd's specif- ic statutory provisions. Unless otherwise noted, the juvenile boazd shall meet at least quarterly to determine policy and to ensure the efficient oper- ation of the juvenile probation department and all facilities Imder its authority and control. (b) Training. The juvenile board shall ensure that sufficient training is received by selected boazd members (c) Advisory council appointment. The juvenile board should appoint an advisory council if so mandated by its statutory authority. (d) Advisory council duties The advisory cotm- cil will advise the juvenile boazd of citizen reac- tion to all juvenile programs and serve as a liaison between the juvenile boazd and the wtnmanity at large. The juvenile board has the discretion as to whether or not to implement any programs or recommendations of its advisory colmcil. Sotrtra 'fie provisions of this §341.7 adopted to be effective September 9, 1983. 8 TexReg 3320. § 341.8. State Administration (a) Fiscal management requirements. The juve- nile boazd shall assign accounting responsibility for fiscal affairs to an appropriate fiscal officer. The fiscal officer shall assist the juvenile boazd to prepaze the annual operating budget and shall maintain the budget in a manner consistent with standard accounting procedures The fiscal officer shall submit a copy of the budget with application for state aid to the commission. (b) Project director designated. The juvenile boazd shall designate an administrator to assume responsibility for project management. The project director shall ensure that all program ac- tivities and expenditures of state funds aze consist- 8 TExAS JuvFNI(rs pxosaTioN ent with the purposes outlined in the budget appli- cation agreement. (c) Audit requiremenu The juvenile boazd shall submit to the commission a certified copy of the annual audit of juvenile probation department expenditures for the most recently completed fis- cal year on or before July 1 of each year. The audit shall identify the sources of funds; i.e., stau aid funding or locally generated funding. Expendi- tures for construction and renovation, if any, shall be reported separately from those for juvenile probation services in order that maintenance of local effort can be documented and eligibility for any match caugory funding can be deurmined. (d) Allowable expenditures. The commission will provide state aid funds to be used for juvenile probation services within three categories: staff services, nonresidential services, and residence services. (e) Contract agreement requirements. Upon certification of eligibility, the commission will provide a standazd agreement/contract to be exe- toted by the juvenile board and the commission. The application shall be a part of the standard contract. (f) Investment of idle funds requirements. The juvenile board shall ensure that the designated fiscal officer report the appropriate amount and state aid funds which may be invested. The invest- ment of commission funds should provide for a reasonable interest rate and necessary protection of principal. Any interest accreted shall be con- sidered generated inrnme and shall be reported to the commission as such. Any inwme generated by the deposit shall be placed in the special fund for juvenile probation services. (g) Compliance. The commission shall have the right to inspect, examine, investigate, audit, and evaluau the adminisCative practices and the pro- gram of services provided by the juvenile board. For this purpose the commission may require such information and data as is necessary to de- termine compliance. (h) Monitoring and auditing. Commission staff may conduct an on-site monitoring visit with each contracting juvenile jurisdiction for the purposes of review and evaluation of the administrative practices, financial records, and the program of services provided by juvenile boazds or juvenile probation departments. (i) Expenditure report requirements. Contract- ing juvenile boards aze required to submit on a 37 TAC §341.11 quarterly basis a completed expenditure report is a format to be distributed by the commission. (j) Conflict of interest. No officer, member, or employee of the co,nrr,i«;on or the local juvenile boazd shall participau in any decision which would cresu a pecuniary benefit to the individual and thereby creau a conflict of interest in the decision. (k) Allocation of stau aid funds. The wmmic- sion will annually allocate stau aid funds to each juvenile board on the basis of the individual coua- (1) base requirement for the provision of min- imum juvenile probation services; (2) juvenile population; (3) contribution of inarased county funds which will be matched by stau funds up to a maximnm 8mO11nL t0 be Set by the commieeipn; and (4) unique or special problem needs, which require discretionary funds. Somec The provisiotts of this 4341.8 adopted to 6e e[ferlive September 9, 1983, 8 Texaeg 3320, udess otherwise noted. § 341.9. Waiver w standards The juvenile board may make application for waiver of a standard or standards with a phm to adopt said standard or standards by a certain dau and include an explanation as to why standard or standards cannot be complied with immediately. Upon proper review, the Texas Juvenile Probation Commission may grant requested waiver of stan- dard or standards. Sourea: The protidom of thb 4341.9 adopted to 6e effective September 9, 1983, 8 7e~ 3320. § 341.11. vehicle Exemptlon The Texas Juvenile Probation Comm~«ion will not place its inscription on any motor vehicle: (1) driven by agency personnel who provide tethniC81 aeeietan~,. to local programs admntis- tering probation services to juveniles; (2) driven by agenry Personnel who program. maritally monitor and fistagy audit records; (3) driven by agency personnel who may de- liver direct probation services to local jurisdic- tions throughout the state; and (4) subject to vandalism due to vehicle's ex- tended use away from home base. Saorea: The provision of this §341.11 adopted to be effective October 1, 1984, 9 Texaeg 4919. 9 TEXAS JUVENILE PROBATION COMMISSION STATE AID AND COMMUNITY CORRECTIONS ASSISTANCE AGREEMENT Fiscal Year 1994 PROJECT # TJPC-A-94-133 and Y-94-133 This is an agreement between the State of Texas, represented by and through the Texas Juvenile Probation Commission, hereinafter called "TJPC", and the Juvenile Board of Kerr County, hereinafter called "Recipient". TJPC and Recipient, for the consideration hereinafter detailed, make the following agreements. I. Purpose and Scope of Agreement The purpose of this agreement between TJPC and Recipient is to delineate the duties and responsibilities of both TJPC and Recipient regarding the receipt of State Aid and Community Corrections Assistance funding. II. Incorporation by Reference The following documents are attached to and incorporated herein by reference to this agreement and are for all purposes an integral and necessary part of this agreement. Said documents are on file with TJPC and Recipient: 1. TJPC Budget Application [Exhibit "A"] 2. §142.001 of Texas Human Resources Code and TJPC's administrative rule, 37 Texas Administrative Code §341.8(d) [Exhibit "B"] 3. Community Corrections Assistance Plan and 1994 update submitted by Recipient [Exhibit "C"] 4. TJPC Program Summary Reporting Form and Individual Activity Reporting Worksheet [Exhibit "D"] TJPC/STATEAID.CON Page 1 of 8 08/02/93 5.' Health and Human Services Coordinating Councff Rate Schedule and Definitions for Levels of Care [Exhibit "E" to be mailed under separate cover at a later date when received by TJPC from HHSC] 6 Selected excerpts from State of Texas Travel Regulations fExhibit "F"1 7. Juvenile Board Resolution or an equivalent statement of authority to contract, dated [Exhibit "G"~ III. Duties and Responsibilities of TJPC ~, in equal monthly payments subject to a matching requirement detailed in Paragraph N below, unless the Recipient's completed TJPC Budget Application is late. Recipient's TJPC Budget Application, hereinafter called the "budget application", is attached hereto as Exhibit "A" and incorporated herein for all purposes. The budget application must be received by TJPC on or before September 10, 1993 to ensure timely processing for Recipient's September payment. If the budget application and agreement are received between October 1, 1993 and November 1, 1993, Recipient will forfeit one-twelfth 11112) of the State Aid funds. A similar reduction will be made throughout the term of this agreement for each month the budget application and agreement are late. TJPC will deduct from Recipient's 1995 fiscal yeaz State Aid allocation any State Aid funds from fiscal year 1994 that aze unencumbered by August 31, 1994 and unexpended by November 30, 1994. Recipient shall submit a final report for the 1994 State Aid allocation to TJPC by December 18, 1995. 'n equal monthly payments. TJPC will deduct om Recipient's 1995 fiscal year Community Corrections Assistance allocation any fiscal year 1994 Community Corrections Assistance funds that are unencumbered by August 31, 1994 and unexpended by November 30, 1994. Recipient shall submit a fmal report for the 1994 Community Corrections Assistance allocation to TJPC by December 18, 1995. IV. Duties and Responsibilities of Recipient Recipient shall be required to match, with local funds, a specified portion of their State Aid funding as required pursuant to the TJPC budget appropriations rider number eight (8) in Article II, Senate Bill 5, 73rd Texas Legislature, 1993. This amount shall be equal to $5,670 (Five thousand, six hundred seventy dollars). The local funds contribution of Recipient that is eligible to be applied towazd the match requirement aze those funds contributed over and above the 1980 county funding level (i.e., Maintenance of Local Financial Support as detailed in §141.082, Texas Human Resources Code). Should . q~~ 4~~~~'~ ~~e ti TJPC/STATEAID.CON Page 2 of 8 08!02!93 ~ fi d~P~ ~!I OILS ~~ Recipient fail to meet their specified match requirement, TJP(; shall reduce their allotted State Aid funding one dollar for each dollar of the match amount that Recipient's county fails to contribute. Recipient agrees to account separately for all State Aid funds, Community Corrections Assistance funds, and State Aid local match requirement funds received in fiscal year 1994. Recipient agrees to complete TJPC's quarterly fiscal report for both State Aid funds and Community Corrections Assistance funds for each quarter, and to return it to TJPC in a timely manner but no later than December 18, 1993, March 21, June 21, and September 20, 1994 respectively. Recipient agrees to comply with all procedural and substantive requirements of Title 3 of the Texas Family Code. Recipient agrees to use State Aid allocated funds and Community Corrections Assistance allocated funds solely for provision of "probation services" as that term is defined in Texas Human Resources Code § 142.001 (Vernon 1990) and according to the allowable expenditures as detailed in TJPC's rule 37 Tea. Administrative Code ~ 341.8(d) which are both attached hereto as Exhibit "B". Any accrued interest on State Aid and Community Corrections Assistance funds may be expended by Recipient for expenses necessary for the provision of "juvenile probation services" as defined in~~'142.001 which may include staff services, non-residential services, residential services, or any other expense reasonably related to the provision of "juvenile probation services". Recipient agrees to expend the Community Corrections Assistance funds to provide the services described in its 1994 Community Corrections Assistance Plan attached hereto as Exhibit "C" and incorporated herein for all purposes. Recipient agrees to submit the Programs Summary Reporting Form and the Individual Activity Reporting Worksheet, attached hereto as Exhibit "D" and incorporated herein for all purposes, to TJPC within ten days of the end of each month. Recipient agrees to pay no more for residential services purchased in the private sector than the amounts recommended by the Health and Humaa Services Coordinating Council Rate Schedule and Definitions for Levels of Caze is attached hereto as Exhibit "E" and incorporated herein for all purposes. Recipient agrees to expend State Aid funds and Community Corrections Assistance funds for services defined in the three budget categories defined in Exhibit "B" in the amounts budgeted in those categories in the budget application [Exhibit "A"] and the Community Corrections Assistance Plan [Exhibit "C"]. The Recipient agrees to obtain written approval from TJPC's contract administrator when projected expenditures in any budget category exceed the amount budgeted in that category by more than fifteen percent (15%). In amulti-county department, State Aid funds may be used to reimburse the county providing the fiscal services for other counties in the department if the amount paid is reasonable compensation for the services actually provided; payment is made to the county which provides the fiscal services rather to any individual; and the Recipient obtains prior written approval from TJPC's contract administrator. TJPC/STATEAID.CON Page 3 of 8 08/0?J93 Q ,~ fQr ~~Al Q~~S >UJ~ II1jQ,S ~e f to ht oljcy sa o Q'rscrP t re a t1 ~°re tg plresttlA~ ~~ ofjet to et ~ y of e ~e c A review has been made of the current TJPC monitor's fiscal review and all issues in that review have been addressed in the audit. VII. ?t t cee~ U4ty. This document, including all attachments incorporated herein by reference, constitutes ° c°~ ~`e e complete and final agreement between TJPC and Recipient. Any other oral or written ~t.Y greements between the parties concerning the subject matter of this agreement are of no (I __ orce or effect after the effective date of this agreement. Both parties agree that any patio modifications or amendments to this agreement must be in writing and signed by both s ~s~ ~s parties. op 'oa This agreement shall be in force from September 1, 1993 through August 31, 1994, subject to the continued availability of appropriated funds. . Venue for any dispute arising under this agreement lies in Travis County, Texas. For the faithful performance of the terms of this contract, the parties hereto in their capacities as stated, a~j`"tx their signatures and bind themselves. THE STATE OF TEXAS Acting By and Through The Texas Juvenile Probation Commission (TJPC) By: Typed Name: Dot Streety Title: Cont a t A~iminic ra rpf/$~c'necg j~janager Date: 9/23/93 TJPC/STATEAID.CON Page 7 of 8 08/0?/93 t, RECIPIENT fine Juvenile Board of Kerr County sy: Juve a Board C irman Typed Name: W, G, STACY Title: Date: By: Typed Name: Title: Date: sy: Typed Name: Title: Date: COUNTY JUDGE, KERR COUNTY 09/09/93 ~c--.~~, ~u.cc~-. Project Director SIMON J. HARRIS CHIEF, JUVENILE PROBATION OFFICER 09/09/93 -~Pr?sue) 7 Yr ,~~+: ,.F~!1~/.~t11/ Fis Ot[icer TOMMY TOMLINSON AUDITOR, KERR COUNTY 09/09/93 TJPC/STATEAID.CON Page 8 of 8 08/02/93