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HomeMy WebLinkAbout11-01-94 Council Rules Committee Comm f ttss Zsport: Council Rules Committee to Os Common Countfl of Os City of 16outh 410: The November 1, 1994 meeting of the Council Rules Committee was called to order by its Chairperson, Council President Ann Puzzello at 5:27 P.M. in the Council informal meeting room. Persons in attendance included Council Members: Puzzello, Washington, Kelly, Slavinskas, Zakrzweski, Coleman, and Ladewski; Mayor Kernan, City Clerk Irene Gammon, John Broden, Kevin Horton, Richard Nussbaum, Jo Ann Harper, Jeff Rinard, Don Porter, Chief Marciniak and Kathleen Cekanski-Farrand. Council Member Puzzello noted that the purpose of the meeting was to continue to receive information on the feasibility study on whether a City Court should be created in the City of South Bend with a effective date of January 1, 1996. She then called upon the Council Attorney. Kathleen Cekanski-Farrand welcomed Mayor Kernan and his staff to the meeting. She noted that the Council had established that the two initial meetings of the Committee would be for the purpose for receiving information on the overall operations of City and Town Courts throughout the State of Indiana. She also indicated that information was requested of several entities of the City and the County so that current and accurate information could be reviewed. She noted that a holistic approach to the feasibility was being implemented so that an informed decision could be made. She then provided to individuals present a packet of information entitled "City Court Feasibility Study Information to be Added to Tab No. Three" (copy attached) and a packet of information entitled"City Court Feasibility Study Information to be Added to Tab No. Four"(copy attached.) The Council Attorney then highlighted some of the material presented noting that the first packet of information included three year summaries of hours of operation, staff, equipment, software, expenses, income and case loads for various Cities and Town Courts throughout the State. She also provided copies of letter's from Clerk's and Judge's detailing further information in this area. Also included in the first packet were copies of forms from the procedural manual provided by the Supreme Court addressing Infraction Judgments, Record of Judgments,etc. The second packet of information included additional information on the Ordinance Violation Bureau from 1992 through September of 1994, Memorandums from the Legal Department,Memorandum from the City Clerk on current personnel and job descriptions,a Memorandum from the City Engineer on space allocation of the City Clerk's office, two Memorandums from Don Pinckert on court costs in the Traffic and Misdemeanor Division and projected costs for a Bailiff, a Memorandum from Jeff Rinard on revenues and expenses, a Memorandum from the County Clerk on Traffic and Misdemeanor cases, a letter from the Police Chief on no prosecutions and charges declined, a letter from the County Prosecutor, a letter from the Chief Public Defender,excerpts from the Fiscal Study Committee and excerpts from the Statement of Strategic Posture. Council Rules Committee November 1, 1994 Page 2 In response to a question raised by the Council Attorney, Police Chief Ron Marciniak noted that a Sergeant would not necessarily be needed and that a lower ranked officer could properly fill the role of a Bailiff for a City Court. Richard Nussbaum noted that significant changes took place in the Traffic and Misdemeanor division in 1992.He also noted that through the assistance of his staff and in particular John Broden that his office is effectively using the Small Claims Division of the St. Joseph Superior Court for ordinance violations. Mr. Broden complimented the City Clerk's office for the preparation of numerous legal documents for small claims on ordinance violations. Mayor Kernan expressed concern with regard to his conversation with Mayor Perron of Elkhart with regard to what Mayor Perron perceives as a $400,000.00 supplement to the City Court operation in the City of Elkhart. Mayor Kernan also expressed concern with regard to a City Court being seen by the public as a better way to fight crime in the City of South Bend. He noted that increased services should be one aspect for the City to carefully review. He noted that a uniform distribution of justice by one Judge was one of the key factors in a City Court system. He stated that the cost of implementing such a system balanced with the type of increased service should be carefully reviewed. He stated that the cost of creating a new bureaucracy or working within the current structure are the types of items that should be carefully weighed. Mayor Kernan also noted that he had been in contact with the Mayor of West Lafayette who believes that their current City Court system is operating in an acceptable manner. He noted that he had conversations with the Mayor of Lafayette whose City abolished the City Court in the mid 70's and also with the Mayor of Fort Wayne who looked into the prospects approximately two years ago. Council Member Washington noted that in the Traffic and Misdemeanor Court there are currently 24,000 cases currently pending with approximately 9,000 new misdemeanor cases filed each year. He noted that in light of how the current Traffic and Misdemeanor Division is set up, that there would be a maximum of one trial per day. Based on his experience he sees an excessive amount of Police officers from the City of South Bend being paid to sit in the Traffic and Misdemeanor. He believes that the Court costs for this alone could be cut by as much as 70%.He invited all individuals present to come down to the Traffic and Misdemeanor any day at 9:30 A.M. to see how the Court operates. Council Member Washington also noted that a change did take place in the Traffic and Misdemeanor Division in 1992 however it was as the result in part of the efforts of the Chief Public Defender implementing a better system for misdemeanors and felonies. Council Member Slavinskas noted that part of the analysis will be to view the shifting costs if a City Court system was created. He voiced concern that so many of the comments raised to date by the City Administration have focused on what may be constructed as"Additional Work"when the creation of a new City Court would not in and of itself create more cases. He did not see where the work load would be increased as a direct result of the City Court system. Council Rules Committee November 1, 1994 Page 3 He stated that the City must look at expediency and efficiently of effectively handling cases so that the overall system of justice does not bog down. He stated that the City must look at whether a City Court would compliment the current Court system in effect, whether it would provide a quicker and perhaps better forum, and whether there could be increased efficiency by having case loads shifted partially from the Traffic and Misdemeanor Division of the Superior Court System to the City Court. Council Member Ladewski questioned how the 30% amount of Court fees could be changed. The Council Attorney noted that this has been established by State Statute therefore a lobbying effort would have to take place of the State Representatives and State Senators. Council Member Washington voiced concern with regard to the Mayor's remarks about "Creating a new bureaucracy" in light of the "Bureaucracy of the Redevelopment Department". Council Member Washington stated that the City must carefully weigh the type of service that can be provided by a City Court system, the type of revenue that could be generated, whether it would provide better accountability and efficiency and the overall cost to implement such a system.He disagreed with the Mayor that the establishment itself would create a "panacea with regard to criminal justice in the City". He stressed that an efficient system of justice and fairness and how the judicial system is perceived at the local level is also a key consideration. Council Member Washington further noted that approximately 15,000 warrants are currently pending since only two County Officers are assigned to provide such service. He further noted that from his discussions with former City Court Judges namely Mr. Herendeen and Mr. Potts that the dedication of having a single Judge assigned to handle Ordinance violations, infractions, and misdemeanors is also an important item. Council Member Slavinskas requested that the Legal Department and the Council Attorney look into whether the Code Enforcement Hearing Officer would be needed if a City Court would be created. He also questioned whether the types of cases currently handled by that office could be handled perhaps more expeditiously and would have a greater impact if specific fines were implemented through a City Court as opposed to a Code Hearing Officer. Irene Gammon, the City Clerk questioned who would collect fines greater than $50.00 since the Ordinance Violation Bureau is curtailed from receiving anything above that amount.It was noted that state law allows the City Clerk who would become the Clerk to a City Court if one is created to collect up to$2,500.00. Council Member Coleman questioned the current procedure utilized by the Traffic and Misdemeanor Division. Council Member Washington noted that currently two Judges rotate every two weeks between the Criminal Division and Traffic and Misdemeanor Division during an 18 month period. Council President Puzzello suggested that perhaps a chart could be provided by the next meeting setting forth the current Court System. Council Rules Committee November 1, 1994 Page 4 Council President Puzzello noted that the next meeting of the Council Rules Committee will be held next Monday,November 7, 1994 at 5:00 P.M.At that time,further discussion will take place and the Committee will begin to hear from other individuals who have been involved with prior City Courts or current Court Systems. She requested that all individuals carefully review all of the documents provided both at this meeting and the prior meeting to prepare for the further discussion. There being no further business to come before the Committee, the meeting was adjourned at 7:10 P.M. Respectfully submitted, Council President Ann Puzzello, Chairperson Council Rules Committee