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PUBLIC DEFENSE SERVICES COMMISSION Monday, July 25, 2016 12:00 P.M. – 4:00 P.M. Tuesday, July 26, 2016 9:00 A.M. – 4:00

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PUBLIC DEFENSE SERVICES COMMISSION Monday, July 25, 2016 12:00 P.M. – 4:00 P.M. Tuesday, July 26, 2016 9:00 A.M. – 4:00 Members Ex-Officio Member Chief Justice Thomas Balmer Shaun S. McCrea,Chair John R. Potter, Vice-Chair Thomas M. Christ Henry H. Lazenby, Jr. Executive Director Per A. Ramfjord Nancy Cozine Janet C. Stevens Honorable Elizabeth Welch PUBLIC DEFENSE SERVICES COMMISSION Monday, July 25, 2016 12:00 p.m. – 4:00 p.m. Tuesday, July 26, 2016 9:00 a.m. – 4:00 p.m. Best Western Hood River Inn Riverview Room 1108 East marina Way Hood River, Oregon 97031 MEETING AGENDA Monday 1. Action Item: Approval of minutes - PDSC meeting Chair McCrea held on June 16, 2016 (Attachment 1) 2. National Juvenile Defender Center Amy Miller Self-Assessment Tool (Attachment 2) 3. September Commission Meeting Update Nancy Cozine 4. Customer Satisfaction Pilot Survey Project Report; Nancy Cozine Basic Data Every Defender Program Needs to Track (Attachments 3 & 4) 5. Action Item: Commission Best Practices Chair McCrea (Attachment 5) 6. Action Item: Policy Option Packages OPDS Staff (Attachment 6) Commission 7. Action Item: Updated Guideline Rates Angelique Bowers (Attachment 7) 8. Caseload Projections (Attachment 8) Caroline Meyer 9. OPDS Monthly Report OPDS Staff Public Defense Services Commission ! 1175 Court Street NE ! Salem, Oregon 97301 (503) 378-3349 ! FAX (503) 378-4463 Tuesday 1. PDSC Composition Changes & Discussion of Priorities The Public Defense Services Commission has enjoyed remarkable stability, with very little change in membership since its creation in 2001. Five of the original members of the Commission – Barnes Ellis, Shaun McCrea, John Potter, Janet Stevens, and Henry H. “Chip” Lazenby – have dedicated fifteen years or more to the work of the Commission. The retirement of Barnes Ellis, Commission Chair, at the end of 2015, truly marked the end of an era. The current Commission Chair, Shaun McCrea, has taken a new position as the Executive Director of OCDLA. She will step away from her volunteer position on the Commission, as she will no longer be “a bar member and who is engaged in criminal defense representation,” a criteria required for the Commission’s composition under ORS 151.213(2). With this, and the potential for additional change in coming months, the time has arrived for Commission members to take stock and establish priorities in order to prepare for the inevitable years of transition and help set the stage for consistency and excellence in the future. Commission Business What makes the PDSC an effective Commission, and how can that be preserved and improved? As a volunteer Commission, what makes the job easier or harder, and how can OPDS staff better support the work of the Commission? Meeting Frequency (Attachment 9a) The Commission has typically met eight to nine times per year - sometimes more often, if needed. With four-hour meetings and often a full day retreat each year, members of the PDSC dedicate a minimum of 40 hours per year, just for meetings. Their total volunteer time is much more significant, as the work requires travel and meeting preparation time. The level of commitment demonstrated by these individuals is extraordinary and invaluable. There have been discussions about trying to meet less frequently – perhaps six times per year – to make the commitment less demanding. But it has also been suggested that the Commission should visit local communities more frequently. What is a reasonable meeting schedule, and what do Commission members prefer? Meeting Content The Commission’s statutory mandate is to provide “public defense services in the most cost efficient manner consistent with the Oregon Constitution, the United States Constitution and Oregon and national standards of justice.” OPDS staff provides regular updates regarding constitutional law and Oregon and national standards of justice. Does the Commission feel that it gets enough information on this topic? Do Commission members receive enough training regarding laws governing public meetings, public records, and public officials? Are there other topics the Commission would like covered? Public Defense Services Commission ! 1175 Court Street NE ! Salem, Oregon 97301 (503) 378-3349 ! FAX (503) 378-4463 Commission Mission, Vision & Values (Attachment 9b) The new PDSC strategic plan has a slightly revised mission statement, and minimally revised vision and values sections. Do they adequately reflect the Commission’s mission, vision, and values? Legislative Advocacy The revised strategic plan contains a slightly revised statement on legislative advocacy, opening the door for the Commission to be slightly more proactive (rather than reactive) in its communications with the Legislature. Does the legislative advocacy section give appropriate direction to OPDS staff? Does it require further revision? 2. Goals & Strategies The 2016-2021 PDSC Strategic Plan has two goals that align with the PDSC’s statutory mandate. Each goal is supported by seven strategies. OPDS staff will provide an overview of each strategy – what is it, why it is important, and what steps could be taken to address the strategy. The Commission will be invited to provide additional suggestions and direction as the agency develops a more concrete path for the next five years. (Attachments 10, 11, 12, 13, handouts) 3. Wrap-up and Next Steps Please note: Lunch will be provided for Commission members at 12:00 p.m. The meeting location is accessible to persons with disabilities. Please make requests for an interpreter for the hearing impaired, or other accommodation for persons with disabilities, at least 48 hours before the meeting, to Laura Al Omrani at (503) 378-3349. Next meeting: September 22, 2016, 12:00 p.m. – 4:00 p.m., Office of Public Defense Services, Salem, Oregon. Meeting dates, times, and locations are subject to change; future meetings dates are posted at: http://www.oregon.gov/OPDS/PDSCagendas.page Public Defense Services Commission ! 1175 Court Street NE ! Salem, Oregon 97301 (503) 378-3349 ! FAX (503) 378-4463 Attachment 1 PUBLIC DEFENSE SERVICES COMMISSION OFFICIAL MINUTES Thursday, June 16, 2016 9:00 am – 12:00 pm Mt. Bachelor Village 19717 Mt Bachelor Dr. Bend, OR 97701 MEMBERS PRESENT: Shaun McCrea John Potter Hon. Elizabeth Welch Chip Lazenby Per Ramfjord (by phone) Janet Stevens STAFF PRESENT: Nancy Cozine Ernie Lannet Paul Levy Caroline Meyer Rachel Woods Shannon Storey Billy Strehlow Amy Jackson The meeting was called to order at 9:03 am. Agenda Item No. 1 Approval of minutes – PDSC meeting held on April 21, 2016 Chair McCrea called the meeting to order and asked for approval of the minutes for the PDSC’s April 2016 meeting. MOTION: Commissioner Potter moved to approve the minutes; Commissioner Lazenby seconded the motion; hearing no objection the motion carried: VOTE: 6-0 Agenda Item No. 2 Approval of the AFSCME Contract Ernie Lannet, Chief Defender, asked the Commission to approve a new collective bargaining agreement between the union representing attorneys in the Appellate Division of the Office of Public Defense Services and the agency’s management. He explained that the first contract had a duration of only one year so that any adjustments could be made before a longer duration contract was agreed to. He reported that very few adjustments were needed, and that he was asking the Commission to now approve a three year contract. The main feature of the new agreement is a salary scale reflecting parity with Department of Justice attorneys which requires funding by the legislature. A recent request for such to the Emergency Board was deferred. MOTION: Commissioner Lazenby moved to approve the AFSCME contract; Judge Welch seconded the motion; hearing no objection the motion carried: VOTE: 6-0 Agenda Item No. 3 Budget Update Nancy Cozine, OPDS Executive Director, gave a brief budget update, elaborating on the request to the Emergency Board for salary parity for Appellate Division attorneys, as called for by the AFSCME contract. While the request was deferred to the September meeting of the Emergency Board, she explained that it received significant support from House Speaker Kotek and Senator Steiner-Hayward. She said that if the Appellate Division salary matter is resolved in September, then much greater focus can be on supporting trial level providers during the legislature’s upcoming regular session. Agenda Item No. 4 Strategic Planning Update; PDSC Retreat; September meeting date Nancy Cozine previewed some of the issues to be discussed at the Commission’s July retreat concerning the strategic plan included in the materials for this meeting. Some of the potential topics for discussion, she said, could include the type and extent of OPDS staff presence around the state; the nature of and extent of OPDS legislative advocacy; and expanding OPDS direct support and involvement in delinquency cases. Ms. Cozine also polled the Commission on when best to meeting in September. OPDS is planning a four-hour CLE on procedural justice and holistic defense, to be presented in conjunction with the Legislature’s meeting days in September. It would be optimal, she said, if the Commission could also hear from the CLE presenters. The Commission tentatively agreed to meet on September 22, the day before the presentation to the legislature. Agenda Item No. 5 Approval of 2017-19 Policy Option Package Concepts Nancy Cozine began the discussion of possible Policy Option Package (POP) requests by clarifying that even though the matter was on the agenda as an “action item,” there would be time to simply discuss the topic and receive input from providers at this meeting and finalize approval at the July meeting. Before briefly outlining each of the proposed POPs before the Commission, Ms. Cozine explained that one additional technical adjustment POP may be added that would roll up into the agency’s base budget the amounts allocated by the Emergency Board that cover shortfalls when contract and other expenses exceed projections. She explained that these allocations are not presently part of the current service level budget, so that the agency essentially begins each biennium with a built-in deficit.
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