(A) Covered individuals may receive access to legal services from designated organizations under a contract, grant, or other services agreement with the lead partner organization. The designated organizations shall provide legal services in a covered proceeding, as soon as possible after the initiation of the proceeding, and no later than at the time of the individual's first scheduled appearance in a covered proceeding. Designated organizations must seek to provide high quality, full legal representation in accordance with ABA and KBA standards, to a covered individual, unless there is a conflict of interest, or other circumstances make full legal representation infeasible to render.
(B) Metro Council hereby expresses its intention to fund the program as expressed but recognizes nothing contained herein shall bind future Councils to this appropriation.
(C) The lead partner organization shall establish and administer a program that provides brief legal assistance to covered individuals when full representation, as described in subsection (A), is not possible.
(D) The designated organization and the lead partner organization shall enter a contract, grant, or other services agreement that defines the program and identifies the designated organization's obligations regarding both the full legal representation program described in subsection (A) and the brief legal assistance program described in subsection (C).
(E) The lead partner organization may enter a contract, grant, or other services agreement with organizations to conduct non-legal social services or outreach work around the issues of eviction and homelessness.
(F) No child shall be named as a defendant in any covered proceeding.
(G) Designated organizations shall work with the lead partner organization and community partners to engage and educate tenants of their rights and available resources.
(H) The designated organization shall compile and report the metrics in subsection (I) to the lead partner organization on a quarterly basis. The designated organization shall adhere to quality assurance standards set by the lead partner organization, which shall be based upon ABA and KBA standards.
(I) Any legal services performed by a designated organization under this section shall not supplant, replace, or satisfy any obligations or responsibilities of that designated organization under any other program agreement, grant agreement, or contract the designated organization has with Metro.
(J) On January 31 of each year, beginning in 2022, the lead partner organization shall submit a written report to Metro Council, detailing the number of covered individuals served, the extent of legal services performed, metrics evaluating outcomes, projected budgeting needs for full representation to all covered individuals, and a summary of the engagement and education of tenants.
(K) Nothing in this section, or the administration or application of this section, shall be construed to create a private right of action on the part of any person or entity against Metro, or any agency, official, or employee of Metro.
(L) Severability. If any section, subsection, sentence or clause of this chapter is held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this chapter.
(Lou. Metro Ord. No. 52-2021, approved 4-28-2021)