Court Reporters

1. Court Reporters An Analysis of Court Reporters from 2007-2010

2. Definition • A court reporter is a person whose occupation is to transcribe spoken or recorded speech into written form, using machine shorthand or voice writing equipment to produce official transcripts of court hearings, depositions, and other official proceedings.

3. Comp & Benefits Timeline • Since the early 1970’s Superior Court Reporters have received a small salary, health insurance, pension, appearance fees and per page charges. • In March 1998 appearance fees were deleted and page charges were moved from being paid from Accounts Payable to Payroll. • As an unintended consequence, pension calculation is based on Box 1 of W-2 (unless excluded in pension document). • Ordinance 98-49 approved by Council on June 9, 1998 added FICA (only) to per page fees.

4. Current Issues • Escalating compensation package • Inability to effectively budget annual pay • No guidelines for transcripts • Currently, pension is calculated on entire compensation including per page charges • Currently, we do not budget for court reporter pension based on transcripts • Some use our equipment for city work, for circuit county work and possibly for private work in civil cases

5. Current Issues • Some use City resources to create transcripts for which they charge CCG $3.78/page • CCG pays for some annual licenses • CCG pays for some training/conferences • CCG pays for some cell phones/wifi cards • Currently refuse to work for any judge not assigned to • Additional General Fund revenue is possible from the sale of transcripts

6. Examples of Specific Issues • One Court reporter submitted $53k in Jul/Aug 2010 expending the Judges entire FY11 budget. Subsequently, submitted $104k in per page expenses vs a budget of $59k. • Some report to work as few as 8 or 10 days per year if assigned to civil cases. • Some accumulate transcripts and release them incrementally at their discretion. • Rather than type transcripts, some pay others to provide the transcriptions.

7. GA Board of Court Reporting:Guidelines for Court Reporters • Daily Rate is $190.08 • No benefits • No office, equipment, supplies, copiers, cell phones, wifi cards, licenses, training, conferences, etc… • Per Page Rate is $3.78 per page • A Court Reporter working everyday with 2 weeks vacation and 10 holidays would equate to $45,619 annually (240 days at $190.08) with no benefits

8. Analysis of Existing Annual Pay Includes W-2 salary and per page fees paid by CCG. Also includes 1099 income as reported by the County Circuit. Does not include state travel stipend ($3,600 annually) or compensation from outside civil cases. *Note: Firm contracted to perform court reporter services for Recorders Court is owned by EE5 and EE6.

9. Circuit Court Payments These amounts were provided by the counties through an open records request and are based on 1099s for each calendar year.

10. Other Cities Have Issues

11. Other Cities Have Issues

12. Other Cities Have Issues

13. FY12 Budgeted Compensation Superior Court  Contractual Svcs Salary(w benes) Employee Allen $ 82,000 $ 33,176 Employee 1 McBride 40,000 36,966 Employee 2 Rumer 40,000 33,176 Employee 3 Pullen(formerly) 40,000 36,045 Employee 4 Peters 82,000 33,176 Employee 5 Jordan 40,000 34,009 Employee 6   $ 324,000 $ 206,548 FY12 Court Reporter Budget-Superior $ 530,548 FY12 Court Reporter Budget-Recorders Court $ 130,000 FY12 Court Reporter Budget $ 660,548 Court Reporters do NOT work under contract. They are hired as a General Government employee with a job description the same as every other General Government employee.

14. Option 1 G-21-Entry Level Salary $ 46,999 (No per page fees paid additionally) Benefits 17,925   $ 64,924 • 7 Court Reporters (incl Recorders Court) $ 454,468 •  FY12 Budget for Court Reporters $ 660,548 • Savings $ 206,080 This salary is the equivalent of what a practicing attorney who is a member of the State Bar Association makes as an Assistant District Attorney or an Assistant Solicitor General.

15. Option 2 G-21-Mid Point Salary $ 58,695 (No per page fees paid additionally) Benefits 21,042   $ 79,737 • 7 Court Reporters (incl Recorders Court) $ 558,159 •  FY12 Budget for Court Reporters $ 660,548 • Savings $ 102,389

16. Option 3 Existing Salaries Salary $ 21,260 to 24,161 Benefits 11,066 to 11,839   $ 32,326 to 36,000 • 7 Court Reporters (incl Recorders Court) $ 250,000 • Per Page Fees (undetermined FY12 $324k) ? •  FY12 Budget for Court Reporters $ 660,548 • Savings $ ? Per Page Fees will be EXCLUDED from pension calculations. Also, no increase with pay plan.

17. Option 4 Per the Georgia Board of Court Reporting Appearance fee $ 190.08/day Benefits 0  -May require a contract with a firm to ensure availability • 7 Court Reporters (incl Recorders Court) • 2 Criminal (est 240 days/yr each) $ 91,238 • 1 Recorders Court (est 312 days/year) 59,305 • 4 Other Courts (est 25 days/year each) 19,008 $ 169,551 • Per Page Fees (undetermined FY12 $324k) ? • FY12 Budget for Court Reporters $ 660,548 • Savings $ ? • No benefits • No office, equipment, supplies, copiers, cell phones, wifi cards, licenses, training, conferences, etc…

18. Circuit Court Payments These amounts were provided by the counties through an open records request and are based on 1099s for each calendar year.

19. Circuit Court Payments • There is a strong opportunity to reach an inter local agreement with the circuit for the counties to pay CCG for their services exactly like Public Defenders. • Some court reporters will show up at a County, there will be no criminal cases on the docket, so they will ask for their $190.08 daily rate for showing up, and leave.

20. Advantages to CCG • Lower our expenses by $206k Option 1 • Lower our expenses by $102k Option 2 • Lower our expenses by undetermined amount Option 3/4 • Gain revenue from Circuit Wide agreement by $100k • Gain revenue from the sale of transcripts in criminal cases if defendant is represented by a private attorney by an undeterminable amount $?k • Lower expenses from not incurring expenses for paying for substitute court reporters by $10-15k • Will be able to budget court reporter compensation (including pension expense) accurately Any work performed by city employees is the property of the City in Options 1 & 2.

21. Wrap Up (if salaried)

22. Wrap Up (if salaried)

23. Questions/Comments

24. Other Proposed Changes • A pool of official court reporters will be maintained and paid by the Columbus Consolidated Government to provide take down and transcription services to the judges of the Superior Court and the Recorder’s Court. • The number of official court reporters in the pool will initially be increased by one to cover the extra duties in Recorder’s Court. • It is anticipated that the pool court reporters will rotate assignments to equalize the workload. Court Reporters will not refuse to work for another judge if not obligated by that judge.

25. Other Proposed Changes Basic Compensation · Basic compensation covers all scheduled criminal and civil case assignments of the pool court reporters in the Superior and Recorder’s Courts, based on a 40-hour workweek; · If paid a salary, only advances when pay plan is adjusted (no merit increases); · Any travel stipend provided by the Superior Courts of Georgia.

26. Other Proposed Changes Working Hours and Overtime Compensation (if salaried) • The standard workweek for court reporters is 40 hours; because of the manner in which court time is scheduled there will be times when court reporters work over 40 hours in a workweek but other times when less than 40 hours per workweek is required. • Because court reporters will work less than 40 hours in a work week much more often than they will work more than 40 hours the court reporters will sign a compensatory time off agreement acknowledging that they will be fully compensated for any extra hours worked. It is fully recognized that court reporters are nonexempt employees for overtime purposes and this agreement is not an attempt to circumvent the provisions of the Fair Labor Standards Act; should the actual work hours of the court reporters change the agreement will also be changed to reflect the actual conditions of employment.

27. Other Proposed Changes Private Work and Disposition of Fees Paid by Other Parties (if salaried) • Private work is allowed, but is not to take priority over official court work and is to be done when not scheduled by the courts. • Take down and transcripts of civil matters ordered by the judge and paid by the parties and Habeas Corpus hearings compensated by the state are to be assigned to official court reporters, with fees paid to the Columbus Consolidated Government. • In the absence of a standing order regarding takedown and/or transcription, if the Court does not order reporting, all civil cases must have a request for such court reporting services and an agreement for compensation placed on the record by the parties.

28. Other Proposed Changes Benefits (if salaried) • The compensation plan will include retirement plan, life insurance and health plan as outlined in the Columbus Consolidated Government employee handbook.

29. Other Proposed Changes Expenses and Use of Government Equipment and Supplies (if salaried) • All expenses attendant to the position of official court reporter may be the responsibility of the government including but not limited to: computer-aided transcription (CAT) equipment, certification, office equipment, printing, paper, copying, postage, etc. with the exception of work prepared for private parties. • Official court reporters may use their assigned City transcription equipment for private work, but in no circumstance may government supplies, or operational costs be applied to work performed in which the court reporter will receive payment outside this compensation structure.

30. Other Proposed Changes Archive • It is the responsibility of the official court reporter to index, maintain, and archive recordings of all proceedings, notes, and exhibits for future reference and /or transcription. • Records will be stored and maintained in the court reporters offices in the courthouse or such other location as directed by the Court. • Retention schedules established by the Court will be observed.

31. Other Proposed Changes Substitute Court Reporters  • Official court reporters in the pool will be utilized on a rotating basis to cover absences, civil matters, Recorder’s Court and other Court needs. • When an official court reporter is unable to report for duty as assigned, it is their responsibility to contact the other official court reporters and secure a substitute. • It is the responsibility of the court administrator or chief judge to assign official court reporters from the pool to cover civil matters when not being utilized for official court work, to authorize the use of outside court reporters in the rare event that an official court reporter is not available and to report required daily pay deductions to payroll. • If no official court reporter is available, a substitute court reporter from another court or the private sector will be utilized and compensated by the Columbus Consolidated Government at the rate established by the Judicial Council of Georgia Court Reporters Fee Schedule, with the daily rate of pay (see basic compensation) deducted from the salary of the court reporter for whom the substitute was obtained. • Substitute court reporters will archive and index the recordings of the proceeding and forward to the official court reporter for which they are substituting or the court administrator.

32. Other Proposed Changes Requests for Transcripts • Transcript tracking is the responsibility of the court administrator. All requests shall be directed to the court administrator and a request form completed. With the exception of the items listed in “Private Work and Disposition of Fees Paid by Other Parties” transcript production is included in the salary provided by the Court. • The court administrator will handle the request for a transcript and forward the request to the appropriate court reporter with judicial approval if needed.

33. Other Proposed Changes Transcript procedures upon retirement, resignation, or termination • Every effort is to be made by the court reporter for transcripts, as required herein, to be completed prior to the court reporter ending their service to the Court. • It is the responsibility of the court reporter to index, maintain and archive recordings, notes, and exhibits of incomplete work for reference by other court reporters. • Records will be stored and maintained in the court reporters offices in the courthouse, or such place designated by the Court. • The court administrator and the chief judge will address extraordinary circumstances such as death or disability as necessity dictates.

34. Other Proposed Changes Work Performed in Other Counties Within the Circuit • Authorized travel to and work performed for other counties within the circuit that are participants in an interlocal cost sharing agreement with the Columbus Consolidated Government is considered work time under the compensation structure. Appearance fees, page fees or other additional compensation will not be received by the court reporter for this work. • Travel to and work performed for other counties within the circuit that are NOT participants in an interlocal cost sharing agreement with the Columbus Consolidated Government is not work time under the compensation structure and the official court reporter may receive appearance fees and/or other compensation paid by the counties and fees paid by private parties in civil matters. • Travel to and work performed for counties outside of the circuit is considered private work.

35. Other Proposed Changes Sickness and Disability of Official Court Reporters • Because of the work schedules of the official court reporters paid leave is not a provided benefit. Although most periods of sickness will be covered by the other official court reporters, this arrangement shall be limited to __ days of substitute coverage per calendar year. (Because the official court reporters will be doing the relief work, I think we need input from them on the number of days allowed per year) • It is suggested that the official court reporters may wish to obtain short or long-term disability insurance to provide a level of protection that meets their individual needs. • If a court reporter is determined to be disabled by the Social Security Administration and awarded Social Security disability benefits then the official court reporter shall automatically be qualified for benefits provided by the City Major Disability plan, a component part of the retirement plan. • Official court reporters are entitled to job protected leave as provided by the Family and Medical Leave Act.