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File #: 24-0248    Version: 1 Name:
Type: Approval Status: Consent Agenda
File created: 2/7/2024 In control: Auditor-Controller
On agenda: 2/27/2024 Final action:
Title: Approval of Retroactive Memorandum of Understanding Between the County of Mendocino and State of California Franchise Tax Board for the Collection of Court-Ordered Debt, through November 30, 2026
Attachments: 1. Agreement 24-027
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TO: BOARD OF SUPERVISORS
FROM: Auditor-Controller Treasurer-Tax Collector
MEETING DATE: February 27, 2024


DEPARTMENT CONTACT:
Sara Pierce
PHONE:
707-234-6860
DEPARTMENT CONTACT:
Cheyanne Gordon
PHONE:
707-234-6875


ITEM TYPE: Consent Agenda

TIME ALLOCATED FOR ITEM: N/A


AGENDA TITLE:
title
Approval of Retroactive Memorandum of Understanding Between the County of Mendocino and State of California Franchise Tax Board for the Collection of Court-Ordered Debt, through November 30, 2026
End

RECOMMENDED ACTION/MOTION:
recommendation
Approve retroactive Memorandum of Understanding between the County of Mendocino and State of California Franchise Tax Board for the collection of court-ordered debt, through November 30, 2026; and authorize Chair to sign same.
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PREVIOUS BOARD/BOARD COMMITTEE ACTIONS:
Resolution 97-001 was adopted entering into the original agreement between the County and the State Franchise Tax Board to collect court-ordered debts. The agreement has been executed every three years since implementation and was last executed on August 17, 2021 as BOS Agreement 14-118-A2.

SUMMARY OF REQUEST:
The Court Collection Department, operating under the office of the Auditor-Controller/Treasurer-Tax Collector, is responsible for the collection of installment payment plans on delinquent court-ordered debt for qualifying accounts for fines, fees, and restitution for infraction, misdemeanor, and felony cases. After local collection efforts are exhausted the department refers delinquent cases to Franchise Tax Board (FTB) for collection action such as demand notices, bank levies, and wage garnishments. Cost for the program is recovered by the retention of fine revenue as authorized by Penal Code 1463.007 enhanced collection program. The cost of the FTB program is set by Revenue Taxation Code section 19280 through 19283; specifically, FTB may only charge actual collection costs not to exceed 15% of the amount collected. If FTB actua...

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