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HomeMy WebLinkAbout10-19-94 Council Rules Committee atommitttt Zt.tport: Council Rules Committee g0 Ott Common 1t0uutil of Olt Co of south garb: The October 19, 1994 meeting of the Council Rules Committee was called to order by its Chairperson, Council President, Ann Puzzello at 5:00 P.M. in the Council informal room. Persons in attendance included Council Members Washington,Puzzello,Ladewski, Zakrzewski, Slavinskas, and Luecke; City Clerk Irene Gammon,JoAnn Harper of the City Clerks office, Assistant City Attorney John Broden, City Attorney Dick Nussbaum, Don Porter,and Kathleen Cekanski-Farrand Council Attorney. Council President Puzzello noted that the members of the Council Rules Committee include Council Members Slavinskas,Washington and herself. She noted that today is the first of several meetings of the Council Rules Committee to begin formally the feasibility study on whether a City Court should be established for the City of South Bend. She noted that Bill No. 54-94 had first reading at the last Common Council meeting and has been sent to this Committee for review and recommendation. She then turned over the meeting to the Council Attorney to make a presentation. The Council Attorney noted that to date she has spent over one hundred hours in preparation for the upcoming Council Rules Committee hearings. Like the FOP negotiations held earlier this year, she sees today as the first brainstorming session to review the "Vision for the Year 2000" for the City of South Bend. As indicated in the handout (copy attached) some of the various items that will be reviewed include the enhancement of the quality of life, the enhancement of the quality of services, internal and external accountability,cost containment,increase efficiency and community identification. She noted that this"Holistic Review"of the administrative,judicial and legislative branches is needed in order to properly address the question of whether a City Court is needed. She noted that she has had preliminary meeting with Circuit Court Judge Crone, Superior Chief Judge William Albright, Superior Court Judge Jourdon, and Superior Judge Brook and has presented copies of the proposed Ordinance to each of these individuals. She also noted that she has meet with Probate Court Judge Peter Nemeth who was the last Deputy Prosecutor under the City Court system and has provided him with a copy of the proposed Bill. The last two City Court Judges namely Phil Potts and George Herendeen were also contacted in the preliminary discussions. She indicated that the Superior Judges will meet to discuss the City Court concept at its meeting on October 20, 1994. She has been in contact with Linda Scopelitis,Clerk of the Courts and has received substantial information from that office. She and Dick Nussbaum met with County Prosecutor Michael Barnes to also have preliminary discussion on the proposed Bill. Additionally, the Indiana Supreme Court Division of State Administration has also sent much information which was used in the preparation of the handouts. She then provided to the Committee notebooks containing information which were reviewed. Council Rules Committee October 19, 1994 Page 2 She noted that this background information is critical in order to have a good understanding of the current City and Town Courts in operation throughout the State of Indiana. She noted that currently there are 48 City Courts and 25 Town Courts in existence.To date two additional Town Courts have been created by an Ordinance effective January 1, 1996. In response to a question raised by Council Member Luecke, she was unaware of any other communities that have either created or abolished a City or Town Court this year. She indicated communities have until December 31, 1994 to either create or abolish and that the reporting mechanism would be through the Indiana Supreme Court Division of State Administration. She reviewed the preliminary material and noted that currently as of 1993 statistics there were 23 cities operating at a profit, 22 operating with a deficit, 17 towns operating with a profit,and 5 towns operating with a deficit for an overall total of 40 cities and towns operating in a profit line and 27 cities and towns operating in a deficit situation. She further noted that if the 7 communities in Lake County were eliminated from the revenue and expenditure totals that state-wide a profit line of approximately$660,00.00 was realized in 1993. She also indicated that all of the information presented has attempted to be set forth as clearly as possible. Any mistakes are inadvertent and should be brought to the attention of the Committee so that they can be properly corrected. She then highlighted briefly information from the November 8, 1982 City Court Advisory Committee which was an 11 member committee. Irene Gammon who was present at the meeting was also a member of the committee in 1981 and 1982 along with the Council Attorney. She noted that the committee basically made a recommendation that the overall decision should be left to the Common Council and found as many "Negative as Positive Features" by its establishment. She indicated that projected revenues in the last three years of existence of the South Bend City Court showed approximately$100,000.00 in revenues with approximately$32,000.00 in expenses. The background sheets on City and Town systems were then reviewed. It was noted that a City Court would handle primarily ordinance violations, infractions, and misdemeanors. She also briefly reviewed the user fees which are a part of the City Court system which permit the Common Council to appropriate funds there after. She also highlighted where fines are receipted, indicating that fines from misdemeanors go to the Common School Fund and fines from infractions go to the State General Fund. 30% of court costs would remain with the City. The 1993 City and Town Court comparison of revenue and expenditures and case loads were also reviewed. These documents are set forth in tab three of the notebooks. Tab four set forth a summary of city fines and parking violations paid from 1992 through 1994 and also set forth totals of outstanding city fines and parking violations for 1992 through 1994. It was noted that as of August 31, 1994 for this period of time approximately$300,000.00 is outstanding on city fines and parking fines. Council Rules Committee October 19, 1994 Page 3 In 1993 approximately $18,000.00 were collected on city fines with the vast majority being paid through the Ordinance Violation Bureau (approximately$15,000.00)in 1993 approximately $126,000.00 was paid through the Ordinance Violation Bureau on parking violations. Council Member Washington noted that the concept of a City Court is important in light of the consistency of justice. He also noted that in light of the number of cases handled in the current Traffic and Misdemeanor Court that it was imperative to review these statistics carefully.He asked the Council Attorney to double check the expenditure column under"Law Books"for the City of Alexandria. Council Member Slavinskas noted that in addition to the revenue and expenditures which have been summarized and should be reviewed, that the Council and City Administration should carefully review the type of cases that could be potentially handled before the City Court and the outcomes. He noted that in light of the approximately $300,000.00of uncollected City fines and parking fines as of August figure , that there appears to be a need just based on city ordinance and parking violations for a system to better address this backlog. He also had several questions with regard to the infraction and misdemeanor procedures. It was noted that 30% of the court fees could be retained by the City,and that additional user fees could also be retained by the City. Much discussion then took place with regard to the information provided. It was recommended that the next meeting be held on Tuesday, November 1, 1994 at 5:00 P.M. to receive additional information. It was also recommended that perhaps a meeting could be held on Thursday, November 3, 1994 to begin hearing individuals who have been related with a City or Town Court system both in South Bend and elsewhere for additional information. Council President Puzzello urged everyone to carefully review the information received this evening and to send additional inquiries for other information that the Committee believes that they need to her or to the Council Attorney as soon as possible. There being no further business to come before the Committee the meeting was adjourned at 6:30 P.M. Respectfully submitted, Council President Ann Puzzello, Chairperson, Council Rules Committee Attachment