Carbon County commissioners decline Impact Project school-justice panel contract after questions on scope, cost and authority

Carbon County commissioners voted not to approve a purchase-of-service agreement with Impact Project Incorporated to establish school-justice panels in five Carbon County middle schools, citing questions about statutory authority, program scope, local buy-in and potential costs to the county.

The program described in the contract would create an 8-week diversion program aimed at preventing placement of children by addressing summary offenses that occur on school property. Jill Facinger of Children, Youth and Families told commissioners the initiative was included in the department's budget as a "promising practice," that the model in other counties is evidence-based and that the state grant normally reimburses about 90% of program costs.

"It is under the grant program. So the grant does cover normally 90% of any evidence based programs," Facinger said, adding that the program has operated in Lehigh County and that probation and school districts there collaborated on the model.

Commissioner Arner pressed for a stronger local plan and said he preferred county staff and local partners to develop a program that would keep state funds and local jobs in Carbon County. "I would love to see if there was a way that our own staff here could come up with some type of plan here because this is money that's coming from the state that the taxpayers have paid for," Arner said.

Other commissioners and the county solicitor raised legal and practical concerns. The solicitor said a legal review showed ambiguity about which offenses qualify for the panel, noting in the meeting that "the statute, as I read it, is restricted just to summaries." Commissioners also flagged uncertainty about whether schools, magistrates and police departments had given the level of commitment the contract assumes.

Cost and timing of reimbursement were central to the debate. Facinger said the two-county reimbursement model and grant mechanics require the county to front expenses before state reimbursement. She said the county's share could be small in the most favorable scenario: "The lowest amount that it would cost the commissioners would be about 19,000, so 8,500 each half a year," she said, while also warning that program contingencies could make total costs much higher if the program scaled differently.

Following lengthy discussion, commissioners rescinded earlier motions and then voted on the purchase-of-service agreement. The motion to approve and execute the contract with Impact Project Incorporated was not approved; commissioners directed staff to continue discussions and review statutory, scope and cost issues before bringing any revised agreement back for consideration.

The decision does not preclude further work on juvenile diversion. Commissioners said they want clearer statutory authority, firm commitments from the five middle schools and magistrates, a more detailed scope of work and a county-centered plan that would use local providers where feasible.

The item was listed on the agenda as 25-3-96.