Genesee Justice

UPDATE: Doug Call's full obituary can be viewed by clicking here.

Doug Call, whose noteworthy contributions to the people of Genesee County could take pages to list, passed away Sunday.

Call, 73, was a Democrat who was elected Sheriff in a Republican county, an innovator who helped found Genesee Justice, a former Stafford Town Justice, a minister, a volunteer on numerous civic committees, a former public safety director in Monroe County and twice a candidate for Congress.

"He was just one of the finest human beings God has ever put breath into," said attorney Michael Del Plato, who worked in private practice with Call for more than 20 years. "He was an honest, principled man in all respects -- his approach to people and his approach to the law and his overriding spirituality.

Call grew up in Stafford and his longtime assistant Mary Kay Casey said Call's farming background combined with is legal training made Call a very "grassroots" person who believed people should be involved in their community.

"I think he truly cared about where he lived and where he came from," Casey said.

Call is survived by his wife, Donna, and children Christopher, Matthew and Courtney Kennedy as well as several grandchildren.

Funeral arrangements are being handled by H.E. Turner and details are not yet available.

Call's time in the military sent him to Germany and Turkey and he was a judge for the Judge Advocate General's Office.

In the late 1970s, one the biggest issues confronting Genesee County was whether to build a new jail. Call, like many taxpayers, was against the idea.

He, along with Glenn Morton and Charles Graney, envisioned a system where people accused of certain crimes could be supervised while awaiting trial.

Running for Sheriff on a platform that would solve the jail population problem and save taxpayers money, Call became one of the few Democrats in modern times to win a countywide seat in Genesee County.

"You can either be the last county in the nation to build a 90-bed maximum security jail, or you can be the first to try to keep people out of jail by holding offenders accountable," Call wrote in a letter to the editor prior to the election.

Call, working with Morton and Graney, secured grants to create Genesee Justice and hired Dennis Wittman to run the program. (See The Genesee Justice Story).

Near the end of his second term, Call took a job in Monroe County as director of public safety.  He relinquished his Sheriff's badge and recommended that Democratic Governor Mario Cuomo appoint Gary Maha, a Republican, to the position, which Cuomo did.

Maha remembers Call as a visionary.

He was the "father" of our current Genesee Justice Programs. Back then it was called "Community Service/Victim Assistance" and was primarily a tool for the judges to use (community service) rather than jail. The intent of the programs were to make the defendant accountable to the victim and community. The programs under Genesee Justice have expanded over the years. Doug also was the first in New York State to implement "DWI Checkpoints" and the protocols used by the Genesee County Sheriff's Office served as a model for other law enforcement agencies.

Besides running unsuccessfully for Congress after Barber Conable stepped down, Call also tried for a seat as Family Court judge. He did serve several terms as a Stafford Town Justice.

Call also served on committees related to the reconstruction of Dwyer Stadium and the hospital merger, plus other local committees and civic organizations.

"His contributes to the community and the organizations he volunteered for are innumerable," Del Plato said. "He was a man who gave his time and resources unselfishly for the better of his community and every organization he was involved in."

NOTE: We'll update this story when more information is released by Turner.

Press release:

The Genesee County Sheriff’s Office reports the appointment of Shannon L. Ford to fill the position of Genesee Justice program coordinator; a position that was created after a vacancy was left by the resignation of the assistant director. 

Ford has more than 13 years of experience in the field of alcohol and substance abuse. While previously employed by Genesee/Orleans Council on Alcoholism and Substance Abuse, she has held the titles of assistant director of Prevention, Prevention supervisor, Prevention educator, and Chemical Dependency counselor.

She is a 1990 Regents High School graduate from Alexander Central School; a graduate from SUNY at Buffalo with a bachelor of arts degree in Psychology/Sociology; a 2007 graduate of Leadership Genesee; has served on the Juvenile Justice Planning Committee for the past seven years and was its chair in 2006; and has been instrumental in the awarding of numerous grants to GCASA, which include Drug Free Communities Grant, Gambling Prevention Grant, Enforcing the Underage Drinking Laws Grant, and NYS Tobacco Control Community Partnership Grant.

Also to her credit, within the past five years, Shannon has developed a program called "Accountability Circle" to address underage drinking using restorative justice principles. This program currently serves more than 300 youths per year.

Sheriff Gary Maha stated, “Ms. Ford comes highly recommended for this position and will be a great asset to Genesee Justice. She has demonstrated that she is a dedicated individual who is eager to accept the position of Genesee Justice program coordinator.

"In addition to supervising the Genesee Justice staff, she will also oversee the Justice for Children Advocacy Center. Shannon was the unanimous selection of an interviewing committee and will start in this position November 5.”

Doug Call, 71, a former Genesee County Sheriff now finishing out his final term as a Town of Stafford justice, was honored with a picnic today in Stafford.

It was organized by local Democrats, and is one of their annual fundraisers, but Call was the guest of honor and several Republicans attended.

County Chairwoman Lorie Longhany said Call has been a good Democrat, but more importantly, he's been a good public servant.

"He's one of the best public servants Genesee County ever had," Longhany said.  "His service transcended politics. It was always about public service."

As Sheriff -- perhaps the only Democrat ever elected to Sheriff in Genesee County -- Call initiated the Stop DWI program, which included DWI checkpoints on roadways. The program would be challenged in court, but the county won appeals all the way up to the state's Court of Appeals. It's a program that is now widely used across the country.

Call was also instrumental in getting Genesee Justice started, a program Call estimates has saved the county millions and millions of dollars over the years.

For one thing, by putting criminals in intervention programs rather than locking them up, the county was spared the expense of a new, larger jail.

On hand to honor Call today were Congresswoman Kathy Hochul and Sheriff Gary Maha. Assemblyman Steven Hawley sent a letter and Darien Town Justice Gary Graber, who is incoming president of the state magistrates' association, spoke in praise of Call. Graber was first elected in 1980, when Call first became Sheriff.

A quiet man, Call doesn't put much of a spotlight on his own accomplishments.

"I’m humbled by (the honors today) because I just did things," Call said. "Apparently people think it’s important and they’re here."

He then added, "Other's could have done it."

Supporters of Genesee Justice are feeling a little nervous about funding for the pioneering restorative justice program for 2012.

A heroic effort was made to save the program for 2011, including beginning the process of setting up a nonprofit organization to help sustain the agency's programs.

In part because it's a long process to establish a nonprofit, the Genesee Justice Foundation is still looking to the county legislature to fund the agency at sufficient levels to keep it going.

The $40,000 provided by the county in 2010 won't be enough, said Jane Schmider, president of the foundation.

"Even to continue at that level would be very difficult," said Schmider today following the first meeting of the foundation at Terry Hills. "To keep it going this year Peter often had to rob Paul, but Paul has run out of money now."

So far, the foundation hasn't gotten any clear indication from the county on what to expect from the legislature, Schmider said.

It's expected to be another lean budget year and several county departments are preparing for cuts, but Schmider said Genesee Justice should be considered an essential county service.

"It should be funded by the county," Schmider said. "It's a part of the Sheriff's department. That's where it started, that's where it grew up. It's part of our criminal justice system. It's part of county government."

Asked about fund-raising goals for the foundation, Schmider said, "It would be great if we could raise $50,000 this year. It would be amazing."

She also mentioned the foundation has openings on its board of directors.

Meanwhile, the Batavia Kiwanis Club has taken another victims' program under its wing -- trying to raise $150,000 to help the Child Advocacy Center move into a building the Justice for Children Foundation would own. The CAC would then lease the building at a nominal rate, saving the agency significant money on annual rent.

The Kiwanis are sponsoring a "Bidding on a Brighter Future" Gala and Auction on Sept. 17 at Batavia Downs. Tickets are $40 per person and $75 per couple.  

The Kiwanis are also still looking for donations from local businesses for the auction.

Valeriya Melnichuk, a foreign exchange student who worked as an intern for Genesee Justice over the summer, will return to her home in Kyrgyzstan with a few big impressions of Batavia.

First, the people are friendly.

Also, in her time at Genesee Justice, she saw first-hand the benefits of educating drunken drivers about the dangers of DWI.

Genesee Justice also opened her eyes to ways her own country's justice system could better assist victims of crime.

And one observation that might not surprise some readers: American sure go easy on their criminals.

The 19-year-old Melnichuk is a student at American University in Central Asia. She is majoring in international and comparative politics with a minor in law.

She speaks Russian, Kyrgyz, French and English, and her English is nearly flawless.

Her first visit to Genesee County was in 2008 when she was an exchange student at Pembroke High School.

When she graduates she hopes to work in her home country on public policy, particularly as it relates to law.

The internship at Genesee Justice, she thought, would give her a perspective on how policy devised at one level of government impacts local government.

For example, the provision of Leandra's Law that requires convicted drunken drivers to install ignition interlock devices could have used a little more policy study before being implemented, Melnichuk said.

The law, while well intended, will eventually bankrupt the interlock device companies, she said, because it's too easy for drivers to claim they can't afford the devices, and if a judge agrees, the device is provided and installed at the expense of the company.

"There's too many people who get them for free," Melnichuk said. "They tell the judge they can't afford it, but they drive a nice car and they can afford to get drunk. I see the good idea in it, but they're too easy to get for free."

Two ideas that Melnichuk would like to take back to Kyrgyzstan are rooted in the restorative justice mission of Genesee Justice.

First, Melnichuk she thinks that it's a good idea to require people convicted of DWI to be educated on the dangers of DWI, to have their progress monitored and to require them to do some community service.

"It's not just letting people pay a fine or go to jail," she said. "They have to think about what they've done."

Second, she believes it's a good idea to provide a victim assistance program. Genesee Justice helps victims understand the criminal justice system, walks victims through court proceedings and ensures they get restitution.

She recalled one case this summer where a poor family in Batavia that relies strictly on bicycles for transportation, had a son's bike stolen.

Genesee Justice, while looking for a donated bike, found the stolen bike and returned it to the boy.

"That's a small thing, but it helps a lot," she said.

It's also a part of small-town life that Melnichuk, who comes from a city of one million people, came to appreciate.

In Genesee County, almost everybody knows somebody else that you know, and people are friendlier.

"It's not like my home city or New York City, where everybody is in a hurry," Melnichuk said. "Here people will smile and say hello even if they don't know you. In the city, you rush through and it's good if you still have your purse after you run through a crowd."

Still, Melnichuk is surprised at the seemingly light sentences convicted criminals get in New York.

She said maybe it's just the way she was raised -- strict parents who gave her the freedom to pursue her dreams, but required discipline, or a school system that required uniforms and wouldn't allow students to talk during class or sass teachers -- but she thinks the sentences given to convicts are pretty minimal.

"Your prisons are pretty nice," Melnichuk said. "Compared to back home, they're a lot nicer. And here, some person will commit some horrible crime and they'll get just seven years. Me, I would have given them 25 years."

With her internship nearly done, the observations made and the lesson's learned, Melnichuk is ready to return home a week from Sunday, but she said she has really enjoyed her time in Batavia.

Frederick Rarick is licensed to practice law in California, Washington, D.C., and New York but, as he says, an "exceptionally equitable justice system" keeps him here as a defense attorney in Genesee County.

"I just like this area because you know the judges and prosecutors are fair and the system here works really well," he said, sitting at a desk in his office at 4152 W. Main St. Road (behind the Valu Plaza).

His large work space is filled with an eclectic collection of antique-looking furniture and various authentic war helmets. He began collecting them when his son grew interested in the hobby and their numbers have grown since. They're currently seeking out a particular WWII helmet to add to the gallery.

"I do a lot of work in here Genesee County," Rarick said. "We’re blessed with a district attorney’s office that is very easy to work with. They are just and equitable. They come from a prosecution side and I come from a defense side but we’re usually able to come to a fair resolution and it makes things so much easier for everyone involved."

The first formal donation, $1,000 from the Genesee County Bar Association, was made to Genesee Justice today.

Even though the nonprofit corporation for Genesee Justice is not yet approved by the IRS -- it's a lengthy process -- the American Baptist Church, Genesee Region, has agreed to act on behalf of Genesee Justice to accept tax-deductible donations.

Last year, about $100,000 was slashed by the Genesee County Legislature from the Genesee Justice budget. With staff taking cuts in hours and Director Ed Minardo resigning his position, the plan worked out with the legislature and the legal community was for Genesee Justice to become funded in part by new grants and donations.

"Funding is just getting very tough, hence we started this foundation to start looking for alternative means of support for this work," said Jane Schmider, president of the new Genesee Justice Foundation.

When the suggestion was made that the programs of Genesee Justice might be turned over to the Probation Department, judges and attorneys -- both prosecutors and defense -- came out in force to support Genesee Justice.

"It was in November 2010 when our organization passed a resolution overwhelmingly objecting to the merger based on the knowledge of the practitioners," said Bar Association President Durin Rogers. "The donation today continues that support."

Alan Newton, executive minister for the American Baptist Church, Genesee Region, said part of the reason the church board stepped forward to help is because restorative justice and reconciliation are a big part of the regional church's mission.

"Godly justice, respect and reconciliation," Newton said. "Those are common themes through our churches in the Genesee Region."

The Genesee Justice Foundation will need to work quickly to raise sufficient funds to save the pioneering restorative justice program, and Schmider said the board is looking at a variety of ways to raise money, including from big donors and possibly a membership program.

"I have no assurances (for 2012) other than that the plan we came up with last year was temporary," said Tiffany Szymanek, assistant director of Genesee Justice. "We know we have to come up with that money regardless. If some of that does come from the county that would be absolutely beneficial to us, but we still have to be aware that that might not happen."

To donate: Make checks payable to American Baptist Church of the Rochester/Genesee Region, with "Genesee Justice" in the note field. Mail to Genesee Justice, 14 W. Main St., Batavia, NY 14020.

Photo, from left, Jane Schmider, Alan Newton, Durin Rogers and Tiffany Szymanek.

The Genesee Justice Foundation can now accept your donations.

The foundation was formed in the wake of the County Legislature nearly shuttering the pioneering restorative justice program when writing the 2010-11 county budget.

Only after then-director Ed Minardo resigned and staff agreed to cut back its hours was the program saved, but with the intent of creating a nonprofit fundraising arm.

The cuts saved $100,000, and that's how much the foundation must raise in 2011 to keep Genesee Justice going and restore staffing levels.

Some of that revenue may come from a grant the county's Job Development Bureau is applying for this week.

Both the Genesee Justice Foundation and the Child Advocacy Foundation have 501(c)3 (nonprofit) status pending, but until granted, the American Baptist Churches of Genesee County have agreed to accept donations on the behalf of the Genesee Justice Foundation.

Tiffany Szymanek, assistant director of Genesee Justice, delivered a report on the status of Genesee Justice on Monday afternoon to the legislature's Public Service Committee.

Szymanek said the agency is managing to do more with less, however.

Genesee Justice's case load is up significantly over a year ago.

Currently, Genesee Justice has 183 people in its offender programs, compared to 127 at this time last year, and 91 people, compared to 54 a year ago, are doing community service.

"It's harder than it was last year, but we're keeping up," Szymanek said.

In effort to save money, GJ renegotiated its lease, knocking down its rent on the former Sheriff's Office on West Main Street from $1,500 per month to $1,200 per month. (See clarification below)

Most of that savings came because GJ agreed to take over its own lawn maintenance and snow removal.

The Batavia Kiwanis have adopted Genesee Justice as its annual project, and besides raising funds for GJ, the club has volunteered to help with lawn service and snow removal.

"We also have community service workers," Szymanek said.

The new foundation is being headed by Jane Schmider, president, and Mike Mohun, vice president.

As for the job development grant, that money would be used to fund a program to provide job training to young offenders (18-24). While the grant would come through the county's Job Development Bureau, GJ would administer the program. The grant could restore most of the staff's hours.

After Minardo resigned, a part-time position with Genesee Justice became vacant and Minardo took on the DWI conditional release tasks.

Szymanek said the foundation is eager for donations either from individuals or corporations. She said she will also be working on additional grant applications.

If the foundation is successful in fundraising, the annual revenue would be allocated to the county to cover Genesee Justice expenses and the legislature would decide how to budget the department.

Legislator Bob Radley asked Szymanek to provide a document showing revenue benchmarks and information on fundraising efforts.

Mary Pat Hancock, chair of the legislature, wondered how far along the fundraising effort was going.

"On paper, I understand the intent is to raise $100,000, but that's not the same as raising $100,000," Hancock said.

Szymanek said she will start providing a progress report on fundraising.

There will be a fundraiser for the Child Advocacy Foundation March 24 at Tully's.

CLARIFICATIONS: The lease issue and snow removal/lawn refers only to the Child Advocacy Center at 108 Bank St.  Also, both Kiwansis and American Baptist boards still need to vote to approve their organizations' participation in supporting Genesee Justice.

Ed Minardo, the former director of Genesee Justice, who sacrificed his management job in order to help save the pioneering restorative justice program, is back at work.

It's a part-time job and not a supervisor's position, but Minardo is back in a role helping handle DWI conditional release cases.

The 19.5-hour position became available on Jan. 1 when another member of the staff quit, County Manager Jay Gsell told WBTA. Minardo was hired by the Sheriff's Office, which oversees Genesee Justice, to fill the position.

"Ed, of course, is familiar with the programs, and with the DWI program," said Sheriff Gary Maha. "He's already had his background investigation completed, he's already been fingerprinted...it just makes sense that if he was interested, we'd hire him.

"It's a win-win situation for us."

For more on the story from WBTA, click here.

With a $2,000 donation from an unnamed local attorney, the Genesee Justice Foundation has been born.

At a meeting on Dec. 17, according to a press release, nine community members gathered to start the process of forming a nonprofit corporation in order to raise money to pay for a fully functional restorative justice program in Genesee County.

The pioneering program was threatened with elimination earlier because of the county's' budget crunch. The program was saved, at least temporarily, when director Ed Minardo offered to accept a layoff and current Genesee Justice staff members agreed to reduced hours.

The cuts eliminated approximately $100,000 in expenses, giving Genesee Justice at least a one-year reprieve.

The initial donation will help cover start-up costs for the foundation.

Anyone interested in joining the effort to save Genesee Justice, or to donate, can contact Jane Schmider, (585) 738-8292.

For previous coverage, click here.

Ed Minardo will be out of a job come Jan. 1, but Genesee Justice will carry on.

"It was certainly in my mind, 'Not on my watch,'" Minardo said after learning that County Manager Jay Gsell would recommend to the legislature that Minardo's plan to cut staff hours and eliminate his own job be approved.

And the legislature did just that Monday evening.

"I didn't want to see Genesee Justice and the great history of Judge Call (former Sheriff Doug Call) and Dennis (Wittman, founding GJ director), and the love and caring they put into it, evaporate into a memory."

Minardo said he was also motivated by the firm support Genesee Justice received from the legal community, including defense attorneys, prosecutors and judges.

"That's one of the things that made me fight so hard," Minardo said. "There was an unprecedented outpouring of support from what is supposed to be a formal legal community. The were going outside their comfort zones to express appreciation for the programs we run and the good work of our staff."

With approval of the labor union representing staff at Genesee Justice signing off on the plan to reduce work ours, Gsell was apparently able to find enough cost savings to make Minardo's plan "budget neutral," meaning it won't increase expenses for the county.

When Gsell first presented his draft budget to the legislature, it called for closing Genesee Justice as a division of the Sheriff's Office and moving many of its functions to the probation department.

At a public hearing, members of the legal community and crime victims assisted by Genesee Justice came forward and encouraged the legislature to protect the pioneering restorative justice program.

Next up for Minardo: Put together a non-profit foundation that will raise money to fill the budget gap for full Genesee Justice operations, including reinstating his job as director.

Previous Coverage.

Genesee County Manager Jay Gsell has told WBTA that the Civil Service Employees Union has agreed to a pay cut for Genesee Justice employees.

He also said that Genesee Justice Director Ed Minardo's proposal is "revenue neutral" and therefore likely to be approved by the county legislature when it meets this afternoon.

Minardo has offered to give up his job as head of GJ to help save the organization.

Debbie Long, president of the union that represents county workers, will meet with county officials tomorrow to get details about a proposal to cut employee hours at Genesee Justice.

The proposal by GJ Director Ed Minardo would eliminate his own job and cut the remaining staff's hours, saving more than $100,000 and cutting the budget gap substantially -- though not completely -- thereby potentially saving the pioneering restorative justice agency.

"We're going in with an open mind," Long said. "We're willing to listen to anything that would save county employee jobs. We want to see the details. We obviously don't want to set a precedent for the whole union."

Legislators heard Minardo's plan for the first time Wednesday night and reacted with caution. There was the issue of whether CSEA would sign off on it, but also the plan needs to be "budget neutral," members said. That means another $12,000 in savings must be found so that there's no increase in county spending.

If the plan is approved -- which the legislature will meet again at 5 p.m., Monday -- Minardo plans to work on forming a foundation that could receive donations in order to cover future funding gaps.

For previous coverage of Genesee Justice, click here.

Genesee County's world-renowned restorative justice agency is spared the budget ax for at least five more days.

A proposal by Genesee Justice Director Ed Minardo to cut staff hours and eliminate his own job deserves further study, all nine legislators agreed during a budget discussion meeting at the Old Courthouse this evening.

While the proposal comes close to eliminating all of the expense necessary to keep the county budget balanced, more savings must be found.

But the big unresolved question is will the county's employee union, the Civil Service Employees Association, allow Genesee Justice staff to cut their own hours.

If CSEA blocks the reduction in hours, Minardo's entire plan to save Genesee Justice could collapse.

"The unions have to agree," said County Manager Jay Gsell. "We tried something similar to this with Job Development Bureau when we lost some grant funding and they said, 'don't come near here.' They don't want to make changes to the work force that create different tiers of employees."

Minardo said he hopes that by giving Genesee Justice at least one more year of life, new funding sources can be found, primarily through the creation of a charitable foundation.

"What I'm saying is take a leap of faith and take me out of the picture for right now," Minardo said. "Let us look and see if in the next year we can find more concrete funding streams. Let us see if the community will support Genesee Justice."

There are a couple of leaders in the justice community who have already offered to serve on a foundation board, Minardo said.

The idea of eliminating Genesee Justice -- a pioneering restorative justice program founded with grant money 30 years ago -- first arose in Gsell's preliminary budget proposal a few weeks ago. Gsell was under orders from the legislature to cut spending and not raise taxes.

The Criminal Justice Advisory Council -- a group of leaders in the local community justice system  that is currently chaired by Minardo -- has been working to find ways to reduce expenses to save the program. The Sheriff's Department offered more cuts to its own budget and according to District Attorney Lawrence Friedman, as of yesterday, the budget gap had been closed by less than $100,000.

Then late today, Minardo presented his proposal to the legislature, closing the budget gap to less than $12,000.

Genesee Justice's programs include handling Release Under Supervision (RUS) for pre-trial offenders, DWI conditional discharges, community service for offenders, advocacy for abused children and victims' assistance.

Under Gsell's initial proposal, the Probation Department would have assumed all of those duties except for child advocacy and victims' assistance. Child advocacy, which is entirely funded by grants, would have remained with the Sheriff's Office.

In Gsell's revised proposal, presented today along with Minardo's proposal, most functions still move to probation, but the District Attorney's Office would take over the victims' assistance program.

Friedman said the district attorney's offices in 38 counties in the state handle victims' assistance, so it's not an unusual thought, yet he's uncomfortable with the idea.

"This is not the ideal solution to say the least," said Friedman in response to a question from Chairwoman Mary Pat Hancock. "I certainly don't want to be in a position of competing with Ed (Minardo) to provide these services.

"This is not something I want to do. My position is that Genesee Justice should remain intact. That is best for the county in the long run and the best way to keep costs down."

Legislators balked at acting on Minardo's proposal with key questions still unanswered. And more than one person said they couldn't support it unless it could be made "budget neutral," meaning Minardo's plan needs to eliminate as much expense as Gsell's proposal.

Hancock expressed both support for the idea and admiration for Minardo's self-sacrifice, but also said she felt obligated to support the directive given to Gsell in the first place.

"The people who have come forth on this particular issue are people I respect," Hancock said. "These are people who don't usually take such strong stands on issues. I know they like us. They're not against us, but they're wondering why we're doing this. They must be right, but strangely I think I'm right."

There is no way, Hancock said, the legislature can consider a tax increase.

"We must shrink the size of government because we're a burden to our constituents," Hancock said. "We can't go back on that now."

Legislator Jay Grasso questioned the validity of the Genesee Justice program based on Minardo's proposal, saying that all of its supporters had argued that the level of service provided by Genesee Justice couldn't be diminished, but it seemed like Minardo's proposal would do just that.

"I'm concerned that the director's position never really was necessary," Grasso said. "At the 11th hour, this is a lot to digest and I wonder why we were even paying for it in the first place."

Friedman immediately jumped back into the conversation and made the point that Minardo's offer to eliminate his own job was being made not because it isn't a necessary role, but it's the only way to continue the good work of Genesse Justice and see if a long-term solution for financial support could be found.

"This is the next best possible solution," Friedman said. "Ed would rather lose his job than see the agency disappear and I respect him for that. I don't think it should be looked on as saying his position is unnecessary."

As for diminishing the services, Friedman said moving Genesee Justice's functions to probation would do just that. In comparing the two plans, he said, the original proposal would result in even fewer man hours devoted to the functions of Genesee Justice than in Minardo's plan to reduce staff hours.

As for cutting hours and needing CSEA's approval to do so, Minardo made the point that while recently employees have been authorized for 37 1/2-hour work weeks, Genesee Justice has also been staffed at times by employees who worked 30 and 35 hours a week.

The discussion ended with Legislator Hollis Upson saying there was a lot to consider in Minardo's proposal, that he certainly respects the recommendation of CJAC, but that before the legislature can approve Minardo's idea it must be proven that it is budget neutral.

"It’s a very unusual move to offer the sacrifice that Ed has offered and I think he deserves for us to give it some real time and consideration."

County Manager's revised budget proposal moves the duties of Genesee Justice to probation, with victims' advocacy becoming a division of the District Attorney's office.

Genesee Justice Director Ed Minardo has offered a counter proposal that keeps Genesee Justice in place, but reduces hours of staff and Ed himself would resign his position.

Gsell characterized his proposal as a reduction in service, but District Attorney Lawrence Friedman said Ed's proposal is by far preferable to eliminating Genesee Justice.

The legislature is discussing the options now.

UPDATE 5:08 p.m.: Genesee Justice is not dead yet. Ed Minardo's proposal will receive a week's worth of study to find out if some issues can be resolved (more later). The legislature will meet on this topic next Monday at 5:05 p.m.

MORE TK

After some number crunching yesterday, members of the Criminal Justice Advisory Council concluded that eliminating Genesee Justice will save the county less than $100,000.

Most of Genesee Justice's budget is covered by state and federal grants, but in recent years the county's portion of the operations expense has climbed to $237,000.

To help come up with expense savings to protect Genesee Justice, according to District Attorney Lawrence Friedman -- who's a member of CJAC -- $80,000 in possible cuts have been identified by the Sheriff's Office and Genesee Justice.

That includes a voluntary 6-percent pay cut from the Genesee Justice staff.

"We thought we made a good case (for Genesee Justice at the budget hearing)," Friedman said. "We'd still like to believe (its elimination) is not going to happen."

Thirty years ago, the concepts that built Genesee Justice -- restorative justice and offender accountability -- were novel and not universally embraced by the law enforcement and thenlegal community. Now local criminal justice experts are solidly behind saving Genesee Justice.

"As we've said, this would be like a 30-year step back in history," Friedman said.

He said CJAC members are waiting for the release, sometime today or tomorrow, of County Manager Jay Gsell's revised budget proposal to see just what the cost differential will be.

The costs of moving Genesee Justice functions to probation go beyond just adding three more staff members to the Probation Department, though solid numbers are not immediately available.

Also, it's completely unclear, Friedman said, whether the grants now used to help fund Genesee Justice will follow the programs to probation.

"There were a lot of people at the meeting (Monday)," Friedman said. "Everybody reiterated what they said at the hearing -- that this is a bad idea."

The Legislature will be in conference on the proposed budget at the Old Courthouse at 4 p.m. Wednesday.

The Genesee County Legislature will meet at 4 p.m. Wednesday to discuss the 2011 budget for the final time, with decisions before them that will have consequences for the local economy and civic environment for years to come.

Top on the agenda is what becomes of Genesee Justice.

County Manager Jay Gsell's preliminary budget called for eliminating seven Genesee Justice jobs and creating three new staff positions in the Probation Department, with probation taking over most of the pioneering restorative justice program's functions.

All of the county's top justice system experts -- including District Attorney Lawrence Friedman, Sheriff Gary Maha and Public Defender Gary Horton (inset picture) -- have lobbied to save Genesee Justice.

The experts say Genesee Justice has saved the county millions of dollars because many people who might otherwise be incarcerated are carefully supervised by Genesee Justice. The loss of Genesee Justice could mean that in a few years Genesee County will need to build a new jail at a cost of up to $30 million.

County officials, however, say these are dire economic times and costs need to be cut and taxes can't be raised. The county needs to trim about $7.5 million from its initial spending plan for 2011.

For years, Genesee Justice was funded entirely by grants, but over the years some those grants have dried up and local taxpayers must pick up about $237,000 of the operational costs of Genesee Justice.

Gsell plans to save that money, figuring that probation can assume the key functions of Genesee Justice.

"We know what services Genesee Justice delivers and we know how it is delivered," Gsell said for a previous story. "What we're looking at is how can we deliver that same level of service to the community through the Probation Department."

Julie Smith, probation director, said her department can assume the services and still help keep down the population level of the jail.

For example, Smith said, probation handled the release-under-supervision program for 26 years before handing it off to Genesee Justice in 2006.

Maha warned, however, that in neighboring counties, where there are no programs like Genesee Justice, the counties struggle with their jail populations.

"If the jail population increases, the State Commission of Correction will come down and tell us to do something about our increased population -- like build a new jail or put on an addition," Maha said. "We'll be like our neighbors to our south who had to build a jail addition to address their jail population."

Besides Genesee Justice, the legislature needs to decide what to do with the Soil and Water Conservation District, which is facing a 15-percent expense cut.

The cut, local farm leaders say, could end many vital services Soil and Water provides to farmers, helping keep them in business in a tough economic and regulatory environment.

"(The cut) would be a real detriment to the agriculture industry in Genesee County," said Brad Rodgers, chairman of the Soil and Water board of directors. "Even level funding would hurt us."

Scott Page, president of the Genesee County Farm Bureau, believes keeping Soil and Water is critical to protecting Genesee County's economic base.

"If we hurt ag, we miss an opportunity to move forward," said Page. "The more we build off our agricultural base, the better the local economy will do."

The conference meeting at 4 p.m. Wednesday will not include a public comment period, but the session at the Old Courthouse is open to the public.

Following the conference meeting, the Ways and Means Committee will convene. Final budget amendments will be voted at that time, which are recommendations for the full legislature to consider. The full legislature will vote on the final 2011 county budget Dec. 8.

Ed Minardo, director of Genesee Justice, sent along the following e-mail to help clarify Genesee Justice funding and the budget situation.

We submitted our initial 2011 budget to the County Manager which called for a total appropriation of $697,418.

This appropriation accounted for our salary and fringe benefits for employees, contractual obligations and other expenses for the operation of our offender services, victim services and the Justice for Children Advocacy Center (JFCAC).

Due to the nature of our grants, $41,890 of the appropriation included rent and utilities for our occupancy at 14 W. Main St., a County building. This is used to demonstrate the County’s share of its in-kind contribution to match grant funds, and is not an actual County expenditure.

In 2011, we are due to receive $318,119 in victim service grants through the New York State Office of Victim Services (OVS), New York State Office of Child and Family Services (OCFS) and the National Children’s Alliance (NCA).

These funds exist to provide direct victim services to adults through our Comprehensive Victim Services and to the children and their families served through the JFCAC (281 total victims served). These grants have been consistently awarded to us because of the quality of service delivery to the above noted victims of crime in Genesee County.

We have excellent working relationships with the funding agencies and the dedicated professionals who work in those programs.

The receipt of these grants continues to minimize virtually all expenses to the County for these services. This includes the phenomenal work done by the JFCAC staff, contractual agents and members of the Multi-disciplinary Team to meet the needs of children who are physically and sexually abused in Genesee, Livingston, Wyoming and Orleans counties.

In 2011, we are due to receive $84,969 in offender services grants through the Office of Probation and Correctional Alternatives (OPCA) and the County STOP-DWI Program. The total number of offenders served through Community Service (419), DWI-CD Program (290) and RUS (245) was 954 in 2009. The above funding helps to offset some of our offender services, but ultimately results in the need for County funds.

For example, the Release Under Supervision Program (RUS) has been frequently recognized by Criminal Justice professionals as the critical component in keeping down our jail population. In 2009, we completed 518 bail evaluations for local Courts, which resulted in the placement of 245 defendants under our supervision in the RUS program.

This program is staffed by a full-time, exceptionally capable Case Manager, with back-up by the Assistant Director and Director of Genesee Justice. This is necessary because we provide bail evaluations within 24 hours of an offender’s placement in jail in order to expedite a review of their status for the Court.

The total grant funding for this program in 2009 was $7,700. This results in a County contribution of at least an additional $53,000, when salaries and program expenses are included. This is the reason that the Probation Department dropped this program in 2002. Probation was under no mandate to provide this service by NY State and the County was not recognizing their obligation to support the program, despite the obvious benefits to the County in reduced jail occupation. Here we are again!

To conclude, in 2011, we are scheduled to receive a total of $403,088 in grant funding for both victim and offender services. We had an initial anticipated County contribution of approximately $237,000. We have since made a considerable reduction of that amount; however, the County Manager is advising us that we must find a way to reduce our County share to ZERO for the next budget year.

We have scheduled a meeting of the Criminal Justice Advisory Council (CJAC) on Monday, Nov. 29, to determine if there may be any savings that can be derived from reducing, cutting or making more efficient use of criminal justice resources in order to provide us with the opportunity to remain in existence.

This post is an attempt to gather as many data points as possible related to the issue of Genesee Justice and the county budget.  If you can think of anything that's missing, let me know. Bonus points if you can provide the data.

Genesee Justice was founded in 1981 and by 2006, had received about $6.3 million in grants from government agencies and private foundations.

By the time founding Director Dennis Wittman retired in 2006, 4,959 offenders had performed community service, doing 356,858 hours of unpaid work.

The alternative to jail had also saved county taxpayers, as of 2006, more than $5.9 million because those offenders weren't in jail for the 60,000 days they would have served otherwise.

Jay Gsell's budget message indicates that "Continued female jail population management efforts, particularly in collaboration with Orleans and Wyoming counties, may be the only way to stave off radical State Commission of Correction mandates -- up to and including a new 100 to 120 bed county jail. With a $250,000 per bed construction cost ($24 to $28 million), plus increased staffing, (it) would effectively "blow a hole" in the county budget as 100 percent of these increases are county-only burdens."

At the budget hearing, Sheriff Gary Maha said a new jail would cost about $30 million.

The current jail has a capacity for 87 inmates with a variance to allow for 97 inmates, but can't house females. The annual operating budget is about $3 million.

The Genesee County Jail has revenue from housing inmates from other jurisdictions of about $100,000 per year, of which $30,000 to $35,000 comes from housing federal inmates. 

The county spends about $250,000 per year housing female inmates in other jails.

Livingston County recently completed a $28 million annex to its existing jail, taking the 90-bed facility to 189 beds. Prior to the expansion, Livingston had to place some inmates in Monroe and Steuben counties. The original jail was built in 1983. The annual operational budget is $4.48 million. Debt payment on the new addition is roughly $2 million over 15 years.

Genesee County Probation Department 2010 amended budget -- $1,028,784; proposed 2011 -- $1,354,464, an increase of $325,680

Genesee Justice 2010 amended budget, $678,477; proposed 2011 budget, $173,588, a decrease of $504,889.

Actual apparent cost savings, $179,209.

The total county budget is $140 million.

The total property tax levy is $24,994,063

The current assessment rate per $1,000 of assessed value is $9.82.

In 2007, the assessment rate was $9.98. In 2006, it was $10.25.

The total value of assessed property in Genesee County is $2,544,134,312.

A one penny increase in the levy would generate $254,000 (decimal place error; actual number is $25,400) in new revenue for the county.

A one penny increase in levy would raise the annual tax assessment on an $80,000 home by 80 cents. A dime assessment would be $8.