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41. APPLY AND ACCEPT EDWARD J. BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT/ DRUG ENFORCEMENT ACCOUNT BYRNE FUNDING Approve the application and acceptance of grant funds from the Edward J. Byrne Memorial Justice Assistance Grant/ Drug Enforcement Account (DEA) in the total amount of $342,187 for the Office of the Public Defender (520) portion. That amount is the FY 2008-09 actual grant award and is the amount that was budgeted for this grant in FY 2009-10 through the normal annual budget process. This grant is a recurring grant from the Arizona Supreme Court/Administrative Office of the Courts (AOC). The Office of the Public Defender applies for this grant jointly with Adult Probation, Clerk of the Superior Court, and Superior Court. These funds support the justice system by providing staff in all of these departments. In FY 2008-09, this grant funds 25.67 full-time equivalent positions. The Office of the Public Defender is requesting authorization to again apply for the DEA Grant for FY2009-10. The grant award begins on July 1, 2009 and ends on June 30, 2010. However, the application for funding has historically been received after the start of the applicable fiscal year and with extraordinarily short turnaround time requirements. Therefore, the Office of the Public Defender is requesting advance approval to apply for the departmental share of these funds through a joint application with the Superior Court, Clerk of the Superior Court, and Adult Probation. The grant does not allow for the recovery of indirect costs in FY 2008-09, and no change is anticipated in future years. Therefore, the Office of the Public Defender and Maricopa County may receive no administrative cost recovery for this grant in FY 2009-10. The Maricopa County Department of Finance has calculated the Office of the Public Defender's composite indirect cost rate at 10.0%. The non-recoverable indirect cost will not exceed $34,219. For FY 2008-09 the DEA Grant requires a 27% match, which is currently being met through an in-kind staffing match. It is expected that a similar match amount will be required in FY2009-10. The Office of the Public Defender intends to again provide an in-kind match through designation of existing General Fund staff. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore expenditures of these revenues are not prohibited by the budget law. (C-52-09-006-G-00)

Vote: approved

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23. REVENUE AND EXPENDITURE APPROPRIATION ADJUSTMENTS FOR PUBLIC DEFENDER GRANT FUND Approve revenue and expenditure appropriation adjustments to the Public Defender Office (520) Grants Fund (233) Operating (0000) by $109,508 for FY 2009-10 from $342,187 to a new amount of $451,695. Grant revenues are not local revenues for the purpose of the constitutional expenditure limitation, and therefore, expenditure of the funds is not prohibited by the budget law. This budget adjustment does not alter the budget constraining the expenditure of local revenues duly adopted by the Board pursuant to A.R.S. §42-17105. On July 30, 2009, the Board approved acceptance of a $109,508 increase from the Edward J. Byrne Memorial Justice Assistance Grant / Drug Enforcement Account (DEA) to the Public Defender Grant Fund (C-52-09-006-G-01). The agenda allowed the Public Defender’s office to apply for a total of $451,695. The Public Defender Office has determined that it will fully expend the increased grant amount, and does not anticipate further adjustments in its Grant Fund appropriation for the remainder of FY 2009-10. (C-52-10-001-G-00)