To: Board of County Commissioners
Through: Michelle Halstead, Director, Commissioners’ Office
Prepared By:
prepared
Kendra Davis, Management Analyst III, Commissioners’ Office
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Subject:
title
County Operational Matters - District Attorney Discretion in Staffing the 18th Judicial District Attorney’s Office
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Purpose and Request:
recommended action
Adoption of a resolution providing discretion to the District Attorney concerning full-time employees in the District Attorney’s Office.
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Alignment with Strategic Plan: Good Governance - Deliver mandated and essential services with excellence.
Background and Discussion: Pursuant to state statutes, the District Attorney is authorized to appoint attorneys and employees as she may deem necessary to conduct her office and as necessary to properly transact the business of her office, subject to approval by the Board of the number of certain positions and of the budget related to her office. Pursuant to Section 20-1-205, C.R.S., the District Attorney is authorized to appoint an Assistant District Attorney. Pursuant to Section 20-1-201(2), C.R.S., the District Attorney may designate and appoint Chief Deputy District Attorneys, except that no District Attorney may appoint more than one Chief Deputy District Attorney without the prior approval of the Board. Pursuant to Section 20-1-201(1), C.R.S., the District Attorney is authorized to appoint such Deputy District Attorneys as she deems necessary to properly discharge the duties of her office, with the approval of the Boards. Pursuant to Section 20-1-209, C.R.S., the District Attorney is authorized to appoint a Chief Investigator and such other investigators as she may deem necessary in the conduct of her office and such stenographers, office employees, and other technical and professional assistants as are necessary to properly transact the business of her office, subject to budget approval of the Boards.
Consistent with Sections 29-1-101, et seq. C.R.S., the District Attorney’s Office has discretion in the expenditure of its budget adopted by the Board, and the Board desires to give the elected District Attorney flexibility regarding the number of attorney and non-attorney full-time employee positions, so long as the utilization of all such positions does not cause the District Attorney’s Office to exceed the budgeted full time equivalents approved by the Board or to incur expenditures in any given year in excess of revenues appropriated for the District Attorney’s Office for such year or obtained from other sources.
Alternatives: The Board could decide to not to provide this flexibility and specify the maximum number of Chief Deputy District Attorneys and Deputy District Attorneys, which would cause the District Attorney to come to the Board to request a change whenever the number exceeds the maximum number authorized.
Fiscal Impact: The District Attorney’s discretion cannot cause the District Attorney’s Office to exceed the budgeted full time equivalents approved by the Board or to incur expenditures in any given year in excess of revenues appropriated for the District Attorney’s Office for such year or obtained from other sources.
Alignment with Strategic Implementation Strategies: N/A
Concurrence: N/A