to give an idea last year, we had salary saving in the amount of $482,000. this year our savings are $760,000 so we've actually gotten $300,000 more savings this year, however, we're falling short of the dollars for our budget. until a month ago when he had our first employee of the year leave our offices we have had no vacancy among our permanent employees and that employee was an investigator this month it's another investigator and we're scheduled to lose a third investigator next month.

we started the year with two attorneys vacancies and we didn't fill two other vacancies. the second part of salary awe triggers is referred to in the budget analyst report is the staff adjustment. this for our department it comes into playwrite have an automatic pay increase people's no. that an employee is going to get automatically. it has nothing to do with what the department head can do. in our case you know, we have the municipal attorney association where an employee begins at a bottom level an attorney can rise up 16 steps

and they get a small increase every year. so the budget under is something our budget didn't calculate. so that shortfall is about $3,460,000 there was nothing we could do it take care of that. in addition, the salary savings issue we had a temporary salaries issue. by comparison last year, we had a temporary salary budget of $414,000. this year we're on target to expend $375,000 which is less than last year but the mayor's

office target we were supposed to meet with money above that. the recommendation we receive part of that money but the supplemental be reimbursed. i think we can cope with that and we'll do everything we can, you know, to meet our budget. i want to try to convey is true what's going on. we've actually, only hired a simple new temporary employee in this focus year and that's a parallel who work for our on behalf of hearth care. we lost a parallel and investigator all part of the police unit and we've carried on

temporary employees from the previous focus years. we've identified one position we're not going to have in next year's budget but the primary challenge is to get through with the positions say we have. some of the analysts believe that the core function responsibility are those core employees. we disagree we think those positions save money in the long run or address the needs the departments have. i'll give you a couple of examples. instead of hiring a investigator

we've created a parallel slash vovr they get paid less who's primary function is to serve subpoenas. it works for us we think it saves money. one of the positions is a court alternative specialist. i think the budget analysts believes this isn't something we should have. we're handling tens of thousands of case a year we get press calls everyday and city attorney have permanent employee that handles this function we don't

and we'd like to see that permanent. the third category the tear salaries are the folks if the mask programs. that is programs we've been working with at babies point and fillmore addition. this services families and coordinated services in those neighborhood. we have one of the largest juvenile law offenders offices certainly in the area many youth who are in need of reentry or support for their needs and i also consider it services a population that is contacted to

some of our adult clients. it's a policy matter for the board we're happy to talk with you about at any time. it readily comes up but anyone who's seen the program up close has any doubt of his effectiveness. bob dunlap is here if there's any questions he, certainly address that. we've seen an increase in serious cases he has dealt with. and there's budgetary matters over the last 10 years. from what i saw the das budget

it has gone up but percent wise it shows a advantage for the da's office. in 2003 the controller come forward with a budget that showed clearly that our office needs to have more funding and we think that's captured in that 10 year figure. in our 10 year period we've only expand by 10 attorneys so it's not a situation where the money is going to those employees. bob you want to sigh something >> yeah. some questions.

you know, your - what you're requesting was i understand the reason we need to do a two-thirds vote to pass this because this appropriation was not accepted in the last meeting. the presentation you've made is a perfectly legitimate by it strikes me as a bit odd when we talk about that it's normally unanticipated things that happen where you need to do something in the middle of the year and from what i can tell there this was something that wasn't budgeted in the last year and they moved forward anyway and is now asking for that money.

and that i think raises a bit of a red flag. i think someone in his office made a conscious budget choice to do something and is now asking for 0 supplemental. i asked for this from 2000 and i did it because i thought it was important to have that prospective. i say that as a former deputy attorney i'm supported in having high caliber law offices. but with that said i mean those numbers are pretty stark and i think the das office was under

supported and needs support so i'm not disputing that but the fact is since 2000 staffing and the public defender's office has gone up and the da handles about twice the caseload as the public defender's office because.

you can't overly manipulate the salary but we're coming in beneath what we had last year. if we zero in on some of those

positions we think they serve core functions >> so your argument. i'm not sure i really agree for example. so see that's some of the issue i think your encountering here. >> we have not brought open a horde of employees under this category we're maintaining employees we've had everyone's

been aware of and we're trying to meet target like leaves and furloughs. it just so happens we're not in a position we're going to have salary savings applied in this other category. i hear you loud well, we're truly doing the best we can. it's a learning experience and we're certainly trying to address that. as for the comparison of the da and public defender office let me >> one more thing. i think part of the other - at any time more atmospheric it's not a little bit apples and oranges by on a general level it's not. about a month ago in this

committee there was a supplemental for the understaffed for domestic violence and your boss came in here and went after that pretty hard.

can say that to suggest we're overstaffed it's not accurate so if you just take that out of, you know, hurry presentation etc., we won't go to the meeting. that's the back story.

you can call the da we're not in a fight with him and we certainly think that both offices do something that's important. we truly have a good relationship with him. >> just a followup on some of the conversation we've had and the rejection that was made. i don't think it's quite as clear-cut but as something similar before we had not an exact discussion it was actually on top of the rejection from the request from the public defender

that issue was in the mayor's office. we didn't have that before us so it wasn't a clear up to the time rejection that's being referred to. it's pretty significant that the controller and i've talked to the controller it's very significant when it comes from the controllers off. also, we had a fremgs the budget native as well that we put money forward that the existing staff where their salaries can be made wool. it's a prebudget districts we make all the time. and to me the fact that we have those salaries built in within

the public defender's office we have to make a it whole. but to me it seems moving forward there hasn't been a clear kit discussion on whether we're talking about those salaries being whole in the budget. it's not even a special step we're making we're making this to be made whole we're doing our basic budget work. >> supervisor wiener. >> i appreciate those remarks i have trouble believing that this

committee or this board would seriously consider an appropriation for this department and said i'd like to hire a press person because we should have one please give me a supplemental. i don't see that happening. so again, this is an example. i do appreciate those remarks >> thank you. i wanted some clarification around the positions because the way i'm reading this is those positions were not approved their hired and now we're being asked to pay for them. there was an amount budgeted and it exceed that amount. so in terms of the positions we're talking about are those

positions that were hired in the current focus years? i'm trying to understand because i'm reading one thing in the budget analysis report. i feel i had a different communication with the budget analyst and one with you. for me if there are were money i would expect that the budget office to live within their means. i'm just wanting some claft on that >> well, i think the best way to answer that is because there's only a single new temporary position we hired this year and that's a 16.

week parallel for the on behalf of health corp. the other temporary salaries we are talking are doing things that we believe are essentially to the department. it's not like we ran out and hired a press person. that description is a lot more involved than that. the for the to try to come in on budget is that some days argue salary savings of our permanent employees might come out better for you because you've got greater turnover staff and that's a realistic expectation to have given our history of, you know, meeting our budget and coming ♪ over a decade long period the

public defender has had a supplemental budget and we're not here on an over - >> so last focus year there was no supplemental positions? >> all but the one it referenced. >> i know you really want to turn offer to this other person. part of my issue in reading you talk about efforts to meet the budget and kind of the mayor's budget it's the - it's not a effort or target to get there you, you have got to get there. tell me how you guys think about that.

if you have a budget and you know your going to exceed it regardless you've got to do something about it >> well, in some cases you're talking about long term employees and you don't want to terminate that apply especially, if they're doing something special for the department. as i said we've got some years we're coming at the line.

we have to make a determination to make it on budget. it's not an easy position to be in when those are long-standing employees. the mayor's office is putting in new rules that if the employee leaves they can't fill the

position until there is a rec by the mayors offices. >> thank you very much. i apologize for being late i'm in trial on a homicide case. what i want to express is this. we're not here simple to say sorry we over spent our bublt. we're constitutionally mandated to fill our budget and this is required of us not only in the city department but in the city mandatory. we're - the reality is when we don't have an singularly staff and i'm coming to you right now

because we have 3 investigator positions two, that are vacant now and 2 in a couple of weeks of those cases loads are 2 hundred or so. we're going to be forced to let the mayor's budget office to know this and again, i refer those casess to the private bar not because we don't have the attorney support but the volunteer support. right now, i'm trying a murder case and in order to prepare a case for trial i can't bring the case >> excuse me. >> yes. i was going to make a

statement similar to what you are talking about. i look at this supplemental coming before us and the contacts coming before us in the past we had a long, you know, dragged out relationship about how we fund the public defender and the court and the private bar and the idea about what is caseload is for the public defender and you have work to maintain and you have effective recommendation in the office and a lot of cases have gone to the private bar. that actually costs money for the city to pay for the services as well to the chiropractor. i actually see that, you know, there's a that capacity that you have to refer more cases to the

court and that would actually be an increased amount to the city and i know i have the ability to move the cases over and i'd rather have the cost saving by not doing that. making sure this existing staff is to make sure you have the balance necessary i have the resources necessary to balance our needs around the caseload. i do recognize that you have additional mandate on you now with the court i don't like using the words e inadmissibility but to stretch our existing reses