To: Board of Supervisors
From: Ellen McDonnell, Public Defender
Report Title: Add two (2) Forensic Social Worker positions for a long term strategy of converting two project positions to permanent positions
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
ADOPT Position Adjustment Resolution No. 26479 to add two (2) Forensic Social Worker (25WC) (represented) positions in the Office of the Public Defender.
FISCAL IMPACT:
These positions are fully funded by County General Fund. This action is cost neutral and will not cause any additional fiscal impact, as the intent is to convert the two project positions into merit positions.
BACKGROUND:
Effective fiscal year 2025-26, the Office of the Public Defender is no longer receiving Alliance to End Abuse funding from the Employment and Human Services Department (EHSD), which funded 2.0 FTE Forensic Social Worker (FSW) project positions since 2023.
During the FY 2025-26 budget process and on May 20, 2025, the Public Defender requested that the Board of Supervisors provide ongoing funding for the two positions slated to be eliminated due to loss of funding. The Public Defender informed the Board of the FSW’s role within the department, which allows them to comply with 6th Amendment mandated services. The two FSW positions play a crucial role in stabilizing mental health diversion eligible individuals in the community, who would otherwise be languishing in our jails. Of the 83 Contra Costa County mental health diversion clients, 63 are being supervised by the social workers in the Public Defender’s Office. They also play a critical supporting role for the attorney’s representing individuals in court by collaborating with behavioral health treatment providers, finding housing, and ensuring transportation accessibility, all of which prevent repeated incarcerations and improve compliance with treatment programs. Their involvement is also vital in post-release support, helping clients adhere to conditions of their court agreements, such as medication and housing. With the support of the FSW positions, these services have demonstrated reduced cycles of re-arrest, enhancing the quality of life for both clients and the broader community.
At the May 20, 2025, Budget Adoption Hearing, the Board of Supervisors (BOS) approved funding the 2.0 FTE FSW positions with ongoing general fund, therefore allowing for the conversion of the status of these positions from project to merit. It was recommended that the Public Defender’s Office continue to seek Alliance to End Abuse funding when future funding opportunities open.
The Public Defender is requesting to add two (2) permanent FSW positions to the department to conduct an open and competitive recruitment to fill these positions. The employees currently in the FSW project positions will be informed that they may apply for the new permanent FSW positions as part of this open and competitive recruitment, and that their existing positions will be deleted once new candidates are chosen for this recruitment.
A future action will be submitted to cancel the two project positions (#19118 and #19119) as soon as the two merit positions are filled and with no overlap.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, the Department will not have the proper classification to recruit for a permanent position with an ongoing funding source.