2011 Budget Book - WHOLE - Kitsap County Government

PROSECUTING ATTORNEY
Mandates and
Contractual
Agreements:
Regional or Local?
Description of
Requirements:
Minimum Service
Level:
Program
Justification:
Quality Indicators:
Workload Indicators:
Cost Recovery
Cost Avoidance
State law mandates that the Prosecuting Attorney shall be the County's legal representative
and advisor in all matters relating to the County's official business. The Prosecutor provides
legal services to other public agencies pursuant to interlocal agreement (e.g., CenCom,
Emergency Management, Kitsap County Health District).
Regional, in that the clients identified in Section 10 above provide regional services.
RCW 36.27.020 requires the Prosecuting Attorney to be legal advisor to all County elected
and appointed officials on all matters relating to their official business, draw up all official
instruments, represent the County in all civil actions and proceedings in which the County is a
party, prosecute civil action for the recovery of debts owed to the County, and present
violations of election laws. RCW 36.32.200 prohibits employment of outside attorneys except
with consent of the Prosecuting Attorney or presiding Superior Court judge.
Non-discretionary and highest-priority: Defending litigation and arbitrations; providing legal
advice regarding discipline, discharge, civil rights issues (e.g., discrimination, FMLA, ADA
accommodation), wages and hours (e.g., FLSA and Minimum Wage Act), and military leave;
Review collective bargaining agreements; draft and review employment contracts and
severance agreements; interpret labor/employment contracts and personnel policies and
procedures; Public Records Act disclosures and exemptions re personnel records; draft and
review resolutions relating to personnel matters.
Discretionary: Teach County training classes.
The Civil Division is the chief civil legal office for Kitsap County, and its deputy prosecuting
attorneys are guardians of the law and charged with protecting the legal interests of the
public. The Civil Division provides legal services to more than 57 County departments,
divisions, and affiliated agencies, covering virtually every aspect of civil law. By providing
advice on the existence, interpretation, and application of federal and state laws and
regulations, the Civil Division protects the County from adopting and entering into illegal or
unenforceable instruments and inadvertently violating the law. The Civil Division defends and
represents the County when it is named in lawsuits and other legal proceedings. The Civil
Division negotiates on behalf of the County during legal transactions, and helps protect
County assets. Because the Civil Division is not a for-profit agency (see RCW 43.09.210),
unnecessary and duplicative legal services are rare.
2011 2010 2009 2008 2007
Statistics
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The costs of legal services provided to non-general fund clients and to contracting clients are
recovered through legal services billings.
The legal services rendered by the Civil Division serves to avoid legal judgments, penalties,
fines, costs, and fees being imposed against the County.
Funding
Consequences
Reduction of funds necessary to sustain non-discretionary services will serve to increase
costs, such as from legal judgments and awards, the number and amount of settlements, and
from delays in providing legal advice and representation needed by County officers.
Budget Totals
2011 Adopted 2010 Budget 2009 Actual 2008 Actual 2007 Actual
Revenues 84,586 62,290 34,116 9,711 6,373
Expenditures 204,603 198,569 186,458 171,173 170,982
Difference (120,017) (136,279) (152,342) (161,462) (164,609)
# of FTE 1.70 1.70 1.70 1.70 1.70