Last week, I testified before the Joint Ways and Means Committee at their annual budget hearing in Worcester. The written testimony that was submitted along with supporting documentation can be found here: FY 2016 Budget Hearings Written Testimony – Final and supporting FY 2016 Budget Hearing Exhibits.
Last year, my testimony focused on the critical need for salary relief. This year again, the number one priority clearly stated to the Ways and Means Committee and to legislators in all the budget meetings we have had is compensation relief for the staff and the private bar.
The following are the points that were highlighted. Details can be found in the attachments.
- Reviewed the recent history of CPCS and explained how the 25% mandate has challenged the agency’s budget
- Discussed how rapid expansion of agency has exacerbated existing attrition problem which the June 2014 Justice Management Institute (JMI) Report confirmed
- Overall CPCS caseload has remained flat and CPCS’s budget since fiscal year 2010 has grown by only 1.4%
- Inadequate salaries continue to affect our ability to recruit and retain a diverse staff and private counsel rates stagnant for ten years must impact quality on the private side
- Staff leave for better paying opportunities elsewhere, including the Executive branch and other public defender offices
- I costs the taxpayer money for CPCS to repeatedly recruit, hire, train and mentor new staff only to have them leave
Fiscal Year 2016 Budget:
The Governor’s budget:
- Falls short of funding all our anticipated needs for fiscal year 2016
- Does not provide for salary increases for staff
- Does not provide any hourly rate increase for the private bar
CPCS’s budget request would:
- Provide funding for full staffing to handle 25% of the caseload
- Provide funding to annualize certain office leases
The request also includes a request for funding the following:
- Staff Compensation Relief
Proposal for attorneys is supported by two recent reports: MBA Report (May 2014) and Governors Commission Report (December 2014), both of which supported minimum salary of $55,000 and parity with Executive branch attorneys
Other staff professionals also need to be compensated at similar levels of staff in Executive branch - Private Bar Hourly Rate Increase
Current hourly rates set in 2005
Recommending rates be increased to the level originally proposed by legislative commission - Staff Mileage Reimbursement
Request funding to increase mileage reimbursement rate from .30/mile to .45/mile which is what Executive and Judicial branch rate is - Increased CAFL Attorney staffing
Request funding to hire 10 additional CAFL attorneys to alleviate counsel shortage as a result of dramatic increase in C&P’s by DCF
Cost Saving Measure:
- Way to reduce CPCS budget is to decriminalize low-level criminal misdemeanor offenses
- Millions of dollars could be saved if the Legislature decriminalized more love-level offenses in which defendants are not now going to jail
Anthony J. Benedetti
Chief Counsel