Plumas AOD administrator to seek Board approval after county counsel declined to greenlight MOU with Butte County over indemnity language

5330675 · July 2, 2025

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Summary

Plumas County’s substance‑use services administrator said an indemnification clause prevented county counsel from approving a county‑to‑county memorandum with Butte County to provide DUI services; without the MOU, Plumas risks limited local access to DUI offender programs.

Plumas County substance‑use staff told the commission on July 2 that a county‑to‑county memorandum of understanding (MOU) with Butte County for DUI services was not approved ‘as to form’ by County Counsel because of an indemnification clause, and staff will present the MOU to the Board of Supervisors to request approval.

Gary (substance‑use staff) said the MOU involves no direct payment from Plumas to Butte; instead, DUI program providers bill offenders and the county‑level MOU clarifies the service relationship. Butte County and some private providers have declined agreements that include the contested indemnity language, Gary said, and other rural counties have faced the same problem.

If the Board of Supervisors does not approve an MOU this year, Gary warned the county could lack a local option for DUI offender services. He said Choices for Positive Solutions (a Butte‑area provider) currently offers hybrid services (intake in person with much of the coursework tele‑delivered) and a prevention‑education program that runs fully online; those arrangements depend on the county‑level MOU to formalize referrals and oversight.

Gary said he will attend the Board meeting to answer questions and seek the supervisors’ decision; he also said county counsel’s position has been consistent and that county staff have previously taken similar MOUs to the board when counsel would not approve the language “as to form.” No board action occurred at the commission meeting itself.