Chapter 2.20
JOINT DEPARTMENT - LEGAL AID
Sections:
2.20.010 Purpose and authority.
2.20.070 Property ownership and disposal at termination.
2.20.010 Purpose and authority.
A. Purpose. This agreement is entered to provide free legal aid services to residents of the county with little or no income, regardless of age, race, sex, religion, national origin, or physical disability.
B. Entire Agreement. This chapter contains the entire agreement among the parties, and there is no promise, either written or oral, express or implied, among the parties, other than what is set forth herein. The agreement is an integration of all prior and contemporaneous promises, agreements, conditions, undertakings, warranties, and representations among the parties specifically intended to supersede without interruption any prior inter-local governmental agreement between the city and the county concerning a joint department for legal aid.
C. Statutory Authority. This agreement is entered into in accordance with IC 36-1-7 et seq., and this agreement shall be construed as to comply with that statute.
(Prior code § 32.25)
2.20.020 Duration.
A. This agreement is for an initial term of three years from its effective date, and shall be automatically renewed for additional, successive terms of three years each, unless any party gives the other parties written notice of its intent to terminate by serving same on the other parties no later than one year before the expiration of the current term.
B. This agreement shall be in full force and effect from and after April 28, 1986.
(Prior code § 32.26)
2.20.030 Organization.
A. Creation of Department. There is created within the administrative departments of the county the joint department of legal services. The department shall be comprised of those attorneys and those support staff needed for the efficient provisions of legal services to low-income residents of the county, subject to appropriations provided therefor by the city of Evansville and the county. Current employees providing services on the effective date of this agreement shall be retained as county employees with all accrued benefits. The city and county agree to continue to provide office space to the Legal Aid Society of Evansville, Inc. The county agrees to continue to provide workers compensation insurance, employees’ health insurance, public employees retirement fund, life insurance, and any and all benefits provided to other county employees. The city and county grant to the department the exclusive use of all property assigned to and used by the department on the effective date of this agreement, pursuant to the annual county inventory.
B. Acknowledgment of Society. The parties to this agreement acknowledge the existence of the Legal Aid Society of Evansville, which is a 501(c)(3) not-for-profit corporation. The society functions through a board of directors composed of twelve (12) members serving three-year terms. Pursuant to by-laws, six members are attorneys appointed by the Evansville bar association, and six members are non-lawyers, three of whom are appointed by the county commissioners and three of whom are appointed by the mayor. The society agrees to retain those board members currently serving on the effective date of this agreement, and to obtain the prior consent of the city and county before changing the method of selection of board members. The society is not and shall not be considered a governmental entity.
C. Delegation. The city and the county delegate to the society management authority and control of the department, including but not limited to: direction, supervision, and management of all departmental operations; the selection, supervision, discipline, and discharge of employees subject to county personnel policies; the setting of a budget subject to city and county council approval, and the spending of funds subject to appropriation; the setting of departmental policies and procedures; the maintenance of records; and any and all other acts necessary and customary in connection with the management of the department, without the ratification or approval of the city or county except as outlined above or provided by statute.
(Prior code § 32.27)
2.20.040 Creation of fund.
A. Creation of Fund. There is created within the budget of the county a separate budgeted fund comprised of all monies appropriated and allocated to the Evansville Legal Aid Society and the joint department of legal services by United Way or any successor organization. All monies in those funds shall be used to further the purposes of the department and for no other purpose. The auditor shall have the duty to disburse and to account for all city of Evansville, county, and United Way monies subject to appropriation upon authorization of the society. The monies in the fund shall not be commingled with any other monies or funds, and shall not revert but shall remain in the fund at the end of each year. Nothing contained herein shall prohibit the society from undertaking fundraising for specific projects and disbursing those funds so raised.
B. Budget.
1. The parties agree that the county budget book shall reflect two budgets for the department. One budget shall reflect the annual United Way allocation as a revenue item and in a separate column under each line item. The remainder of the annual approved budget not including the United Way allocation shall be shared fifty (50) percent by the county and fifty (50) percent by the city. Appropriation of the United Way monies shall not be unreasonably withheld. The county shall bill and the city shall pay quarterly based on actual expenditures not including the United Way share. The society shall submit a monthly budget to the United Way. Upon receipt of the monthly allocation from United Way, the society agrees to endorse the check to the auditor and present the same to the auditor promptly.
2. The parties agree to cooperate to insure that the department has minimum operating funds, and agree to not unreasonably withhold funding due to the contributions of other funding sources.
3. The annual budget shall be submitted to the Evansville city council and the county council for their approval by June 1st of the year prior to the budget year. The councils or a committee shall meet with the department and society to consider the same, and jointly determine the amount of funding upon the advice and recommendation of the society.
4. Any judgment against the department or the society, its agents or employees or assigns not covered by insurance shall be paid fifty (50) percent by the city and fifty (50) percent by the county. If legal defense is not provided by the insurance coverage, the society will attempt to obtain services of an attorney at a minimal cost. However, the city and county law departments agree to be available for administrative support and advice.
(Prior code § 32.28)
2.20.050 Liability.
A. The Evansville Legal Aid Society agrees to maintain in full force and effect professional malpractice insurance covering the staff attorneys licensed in this state, and errors and omissions insurance covering its employees and directors. The society further agrees to maintain a policy of general liability insurance naming the city of Evansville and the county as additional insureds, as well as a blanket bond. Amounts of insurance coverage shall be reviewed each year at budget time.
B. The society agrees to save and hold harmless the city and county from claims, demands, suits, judgments, and liability arising from or connected with the provision of legal services, to the limited extent of the insurance coverage in force.
C. The city and county agree to save and hold harmless the society from claims, demands, suits, judgments, and liability arising from or connected with the payment of compensation and benefits to the employees by the city or county.
(Prior code § 32.29)
2.20.060 Reports.
The Legal Aid Society of Evansville agrees to forward to the Evansville city council, county council, mayor, county commissioners, and United Way a monthly and year-to-date case report, an annual report, a financial statement, and an annual audit conducted by an independent certified public accountant. The annual report will reflect any society fund raising and the use of those funds.
(Prior code § 32.30)
2.20.070 Property ownership and disposal at termination.
A. In the event any property is purchased during the term of this agreement through the use of funds jointly granted to the Legal Aid Society by the city of Evansville, the county, and United Way, that property is deemed to be owned jointly by the parties in the respective percentages that the parties contributed to the society’s approved budget in effect at the time of the purchase.
B. With respect to any such jointly-purchased property in the event of the termination of this agreement, the parties shall by appropriate means distribute the property on the basis of the appropriate percentage of contributions discussed above, and the value of the property will be its fair market value as determined below. Appropriate means for distribution include, but are not limited to, one party buying the interest of the other party in jointly-purchased property, or the sale of such property either in total or in part at public or private sale.
C. Unless a different procedure is agreed to by the parties at arriving at a fair market value, all jointly-purchased property to be transferred upon the termination of this agreement shall first be appraised by three disinterested appraisers appointed by the circuit court of the county to determine its fair market value. The procedure for appraisal shall follow the procedure established by the county for the sale of surplus property.
(Prior code § 32.31)
2.20.080 Notices.
A. Any notice, request, approval, consent, acceptance, claim, direction, or other communication required or permitted to be given under this agreement shall be in writing and shall be deemed sufficiently given if delivered in person, transmitted by telegram, or dispatched in the United States Mail, first class postage prepaid, addressed as follows:
1. If to the county:
Vanderburgh County Board of Commissioners
305 City-County Administration Building
Evansville, Indiana 47708
2. If to the city:
Mayor, City of Evansville
302 City-County Administration Building
Evansville, Indiana 47708
3. If to the society:
The Legal Aid Society of Evansville, Inc.
200 City-County Administration Building
Evansville, Indiana 47708
B. Any party may change the person or address specified in this section upon the giving of notice to the other parties of that change, in the manner provided in this section.
(Prior code § 32.32)
2.20.090 Amendment.
No amendment, modification, termination, or waiver of any provision of this agreement, or consent to the departure by any party therefrom in any event is effective unless the same is in writing and signed by all of the parties; then that waiver and consent is effective only in the specific instance and specific purpose for which it is given.
(Prior code § 32.33)