Operation and maintenance of court facilities

(a) Intent

The intent of this rule is to allocate responsibility and decision making for the operation and maintenance of court facilities among the courts and Judicial Council staff.

(b) Responsibilities of Judicial Council staff

(1) In addition to those matters expressly authorized by statute, Judicial Council staff are responsible for:

(A) Taking action on the operation of court facilities, including the day-to-day operation of a building and maintenance of a facility. Judicial Council staff must, in cooperation with the court, perform its responsibilities concerning operation of the court facility to effectively and efficiently support the day-to-day operation of the court system and services of the court. These actions include maintaining proper heating, ventilation, and air conditioning levels; providing functional electrical, fire safety, vertical transportation, mechanical, and plumbing systems through preventive maintenance and responsive repairs; and maintaining structural, nonstructural, security, and telecommunications infrastructures.

(B) Preparing and submitting budget allocation proposals to the Judicial Council, as part of the yearly judicial branch budget development cycle, specifying the amounts to be spent for the operation of court facilities as provided in (A).

(C) Developing policies, procedures, and guidelines concerning court facilities for submission to the Judicial Council.

(2) Judicial Council staff must consult with affected courts concerning the annual operations and maintenance needs assessment, development of annual priorities, and fiscal planning for the operational and maintenance needs of court facilities.

(3) Judicial Council staff may, when appropriate, delegate its responsibilities for ongoing operation and management to the court for some or all of the existing court facilities used by that court. Any delegation of responsibility must ensure that:

(A) The management of court facilities is consistent with the statewide goals and policies of the judicial branch;

(B) Access to all court facilities in California is promoted;

(C) Facilities decisions are made with consideration of operational costs and enhance economical, efficient, and effective court operations; and

(D) Courts have adequate and sufficient facilities and appropriate resources to undertake these delegated tasks.

(4) Judicial Council staff must, whenever feasible, seek review and recommendations from the Court Facilities Transitional Task Force, before recommending action on appellate and trial court facilities issues to the Judicial Council.

(c) Responsibilities of the courts

(1) The affected courts must consult with Judicial Council staff concerning the annual operations and maintenance needs assessment, development of annual priorities, and fiscal planning for the operational and maintenance needs of court facilities, including contingency planning for unforeseen facility maintenance needs.

(2) Each court to which responsibility is delegated under (b)(3) must report to Judicial Council staff quarterly or more often, as provided in the delegation. The report must include the activities and expenditures related to the delegation that are specified for reporting in the delegation. Each court must also account to Judicial Council staff for all expenditures related to the delegation. Judicial Council staff may conduct an internal audit of any receipts and expenditures.