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2011 Budget Book - WHOLE - Kitsap County Government

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PROSECUTING ATTORNEY<br />

Description of<br />

Requirements:<br />

Minimum Service<br />

Level:<br />

Program<br />

Justification:<br />

Workload Indicators:<br />

Cost Recovery<br />

Cost Avoidance<br />

RCW 36.27.020 requires the Prosecuting Attorney to be legal advisor to all <strong>County</strong> elected<br />

and appointed officials on all matters relating to their official business, draw up all official<br />

instruments, represent the <strong>County</strong> in all civil actions and proceedings in which the <strong>County</strong> is a<br />

party, prosecute civil action for the recovery of debts owed to the <strong>County</strong>, and present<br />

violations of election laws. RCW 36.32.200 prohibits employment of outside attorneys except<br />

with consent of the Prosecuting Attorney or presiding Superior Court judge.<br />

Managing litigation and responding to legally imposed deadlines are non-discretionary and<br />

highest priority. E.g., asset forfeitures, drug/alcohol/mental health commitment hearings,<br />

bankruptcies, tort/damage claims and lawsuits, administrative proceedings (land use,<br />

labor/employment, taxpayer, workers compensation), responding to subpoenas and records<br />

requests. Non-discretionary, but lower priority services than litigation and legal deadlines<br />

include day-to-day client advice, drafting/reviewing/negotiating legal instruments (ordinances,<br />

resolutions, contracts, policies and procedures). Discretionary services are lowest priority<br />

services: training county employees, drafting legislation, providing non-legal real estate<br />

services, attending meetings/briefings, and presenting at speaking engagements.<br />

Managing litigation and responding to legally imposed deadlines are non-discretionary and<br />

highest priority. E.g., asset forfeitures, drug/alcohol/mental health commitment hearings,<br />

bankruptcies, tort/damage claims and lawsuits, administrative proceedings (land use,<br />

labor/employment, taxpayer, workers compensation), responding to subpoenas and records<br />

requests. Non-discretionary, but lower priority services than litigation and legal deadlines<br />

include day-to-day client advice, drafting/reviewing/negotiating legal instruments (ordinances,<br />

resolutions, contracts, policies and procedures). Discretionary services are lowest priority<br />

services: training county employees, drafting legislation, providing non-legal real estate<br />

services, attending meetings/briefings, and presenting at speaking engagements.<br />

<strong>2011</strong> 2010 2009 2008 2007<br />

Statistics<br />

Combined In<br />

Other<br />

Programs<br />

Statistics<br />

Combined In<br />

Other<br />

Programs<br />

Statistics<br />

Combined In<br />

Other<br />

Programs<br />

Statistics<br />

Combined In<br />

Other<br />

Programs<br />

Statistics Combined In<br />

Other Programs<br />

The cost of legal services provided to non-general fund clients and to contracting clients are<br />

recovered through legal services billings.<br />

Indicate whether a reduction and/or avoidance of costs results from this program.<br />

Funding<br />

Consequences<br />

Reduction of funds necessary to sustain non-discretionary services will serve to increase<br />

costs, such as from legal judgments and awards, the number and amount of settlements, and<br />

from delays in providing legal advice and representation needed by <strong>County</strong> officers.<br />

<strong>Budget</strong> Totals<br />

<strong>2011</strong> Adopted 2010 <strong>Budget</strong> 2009 Actual 2008 Actual 2007 Actual<br />

Revenues 64,683 47,634 26,089 7,426 4,873<br />

Expenditures 156,461 151,847 142,585 130,897 130,751<br />

Difference (91,778) (104,213) (116,496) (123,471) (125,878)<br />

# of FTE 1.30 1.30 1.30 1.30 1.30

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