Vote: approved

Item Text

24. EXEMPTION TO THE POST EMPLOYMENT (RETIREMENT) HEALTH PLAN ENHANCEMENT PROGRAM (RHEP/PEHP) Approve an exemption to the Post Employment (Retirement) Health Plan Enhancement Program (RHEP), approved by the Board on March 16, 2009 and allow Attorney–Capital Lead Counsel position 00019588 to remain an active position in the Office of the Legal Advocate. The Office of the Legal Advocate requests an exemption to the RHEP requirement that positions vacated as a result of program participation be inactivated. Also, approve an exemption to the RHEP to allow the Office of the Legal Advocate to utilize the full hiring range to place the attorney selected to fill position 00019588 at the appropriately mapped rate. The potential range for the position is $42.26/Hour to $64.15/Hour, based on the hiring range for Attorney-Senior positions with the additional Special Management Assignment pay associated with the lead capital attorney role ($17,500/yr). Position 00019588, in the Office of the Legal Advocate, will be vacated as a result of the current employee’s participation in the 2009 Retirement Health Enhancement Program. The position attributes are as follows: MRT: ATTORNEY – CAPITAL LEAD COUNSEL Status: Classified Budgeted Rate: $61.15 Legal representation is mandated for defendants charged in felony cases, including capital murder cases. Therefore, any cases that would have previously been handled by the retiring attorney in the Office of the Legal Advocate will have to be assigned somewhere in Indigent Representation. The other two staffed offices handling capital cases are already operating at capacity. Any additional capital cases will have to be assigned to outside contract counsel if the Office of the Legal Advocate is not able to rehire for the Attorney–Capital Lead Counsel position (00019588). The contractor attorney rate for capital representation is $125 per hour for lead attorneys. Therefore, allowing the Legal Advocate to recruit and fill this position will produce a cost savings to the Indigent Representation System as a whole, and probably within the Office (depending on the range placement of the attorney selected). Due to the impending retirement of an Attorney–Capital Lead Counsel, the department expects to achieve personnel savings for FY 2009-10. Assuming a Senior-Attorney at mid-range is found to fill this position, this will result in an estimated $23,081 in savings as required under the 2009 Retirement Health Enhancement Program. (C-55-09-002-6-00)