HomeMy WebLinkAbout212-08 RESOLUTIONRESOLUTION NO. 212-08
A RESOLUTION AUTHORIZING THE FAYETTEVILLE DISTRICT COURT
TO DESTROY CERTAIN RECORDS PURSUANT TO ARKANSAS CODE
ANNOTATED § 16-10-211, RECORD RETENTION SCHEDULE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Fayetteville District Court to destroy certain records pursuant to Arkansas Code Annotated §
16-10-211, Record Retention Schedule Affidavits with lists of the records to be destroyed
marked Exhibit "A" are attached hereto and made a part hereof.
PASSED and APPROVED this 6th day of November, 2008.
APPROVED:
By:
DAN COODY, Mayor
ATTEST:
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AFFIDAVIT OF DESTRUCTION OF
FAYETTEVILLE DISTRICT COURT RECORDS
I, Dena Stockalper, do hereby certify that the following records of the Fayetteville
District Court, have been retained for at least ten (10) years as specified under Ark. Cods
Ann. 16-10-211 and have been audited as required by law. The records listed below,
covering the time period stated, are to be destroyed by shredding said records.
TYPE OF RECORD
Small Claims and Civil Files and documents
ubscribed an
TIME PERIOD
1/1/1987 - 12/31/1997
Dena
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District Co Judge
City Council Members
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AFFIDAVIT OF DESTRUCTION OF
FAYETTEVILLE DISTRICT COURT RECORDS
I, Dena Stockalper, do hereby certify that the following records of the Fayetteville
District Court, have been retained for at least seven (7) years as specified under Ark.
Cods Ann. 16-10-211 and have been audited as required by law. The records listed
below, covering the time period stated, are to be destroyed by shredding said records.
TYPE OF RECORD TIME PERIOD
Records and reports of court costs
Fines and Fess Assessed and collected
Case Files
Month End Settlements
Monthly distribution reports
Show cause orders
Case information, including arrest reports
and affidavits
Alternative serve and community service time
sheets
Subscri, =• and Sworn
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
1/1/1987 - 12/31/2000
e thi
City Council Members
. ck't. F OW(F. �4
t day of N16.veber, 2008
tlpTARt- .N::
Notary Public
AFFIDAVIT OF DESTRUCTION OF
FAYETTEVILLE DISTRICT COURT RECORDS
I, Dena Stockalper, do hereby certify that the following records of the Fayetteville
District Court, have been retained for at least three (3) years as specified under Ark. Cods
Ann. 16-10-211 and have been audited as required by law. The records listed below,
covering the time period stated, are to be destroyed by shredding said records.
TYPE OF RECORD
Receipts and Deposit Records
Deposits Records
Payroll records
Police Tickets books
Subibed and Swo
TIME PERIOD
1/1/1987 -
1/1/1987 —
1/1/1987 -
1/1/1987 -
12/31/2004
12/31/2004
12/31/2004
12/31/2004
Dena Sto
Administrator
Rud
rt Judge
City Council Members
,Fiii
dty lovember, 2008
Aft •Cnr•
ii•,0 PUBLIC a •�'?
Dena Stockalper
Submitted By
City of Fayetteville Staff Review Form
City Council Agenda Items
and
Contracts, Leases or Agreements
11/6/2008
City Council Meeting Date
Agenda Items Only
Administrative Services
Division
Action Required:
///4 /4
Ado et-
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District Court
Department
A resolution to approve the distruction of certain Fayetteville District Court records as specified under Arkansas State
Statate 16-10-21 . Costs Rf this project is part of the District Court/Prosecutor building project.
t^.0�(ALr+W46 ��
$2,500.00
Cost of this request
4470.9470.5804.00
Account Number
Project Number
Budgeted Item
X
Category / Project Budget
Funds Used to Date
$
Remaining Balance
Budget Adjustment Attached
District Court/Prsecutor building
Program Category / Project Name
Program / Project Category Name
Fund Name
DepLrtme
I ,
ifi 'rector
A
City Attorney
CJ
%el
/1-3- Ok
Date
Finance and Internal Service Director Date
Date
Previous Ordinance or Resolution #
Original Contract Date:
Original Contract Number:
Received in City
Clerk's Office //,3,0
ajo
Received in
Mayor's Office
i
Comments:
Revised April 16, 2007
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FAYETTEVILLE DISTRICT COURT
TO DESTROY CERTAIN RECORDS PURSUANT TO ARKANSAS CODE
ANNOTATED § 16-10-211, RECORD RETENTION SCHEDULE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1. That the City Council of the City of Fayetteville, Arkansas hereby authorizes
the Fayetteville District Court to destroy certain records pursuant to Arkansas Code Annotated
§16-10-211, Record Retention Schedule. Affidavits with lists of the records to be destroyed
marked Exhibit "A" are attached hereto and made a part hereof.
PASSED and APPROVED this 6th day of November, 2008.
APPROVED: ATTEST:
By: By:
DAN COODY, Mayor SONDRA E. SMITH, City Clerk/Treasurer
U
•
•
DISTRICT COURT
CLERK'$.•
MANUAL
Prepared By:
Keith Caviness
Administrative Office of the Courts
Justice Building, 625 Marshall
Little Rock, Arkansas 72201
(501) 682-9400
XVI EXTRADITION
A Uniform Criminal Extradition Act XVI -1
B Two Basic Types of Application for a Requisition XVI -1
C Overview of Extradition Process XVI -2
D Procedure Prior to Requisition XVI -4
XVII FEES, COSTS AND FINES (ACCOUNTING AND COLLECTION)
A An Act to Provide for Uniform Filing Fees and Court Costs XVII -1
B Civil Cases — Filing Fees XVII -1
C Criminal, Traffic and DWI Cases — Court Costs XVII -2
D District and City Court Accounting Law XVII -3
E Enforcement of Fines XVII -16
F Private Contractor Collecting Probation Fees/Report Required XVII -25
G Disposition of Fees, Costs and Fines XVII -26
H Unclaimed Property Act XVII -26
1 Setoff against State Tax Refund XVII -27
XVIII JUDICIAL ETHICS
A Generally XVIII -1
B Exceptions XVIII -1
C Practice of Law XVIII -2
D Financial Statements XVIII -3
E Use of Stationery XVIII -3
F Disqualification and Assignment XVIII -3
APPENDIX
-Vt-
Table of Contents — District Court Clerk's Manual
4 go
b For any discrepancies noted in the reconciliation in subdivision (6)(A)
of this section, the court clerk shall prepare a written list and present
this list to the court's judge for his appropriate action.
Ark. Code Ann. § 16-10-209
7 Accounting systems above minimum
(a) Any official charged with the maintenance of accounting or bookkeeping
records under the provisions of this subchapter whose system of bookkeeping is
such that it does not strictly adhere to the provisions of this subchapter but, in
that official's opinion, equals or exceeds the basic requirements prescribed by
this subchapter, may request the court's presiding judge to request a review by
the staff of the Legislative Joint Auditing Committee.
(b) Upon the committee's concurrence with the official's opinion regarding the
capability of the existing system of bookkeeping, a letter shall be issued by the
committee to the court's presiding judge stating that the official's accounting
system is of a degree of sophistication such that the basic requirements of this
subchapter are being met.
(c) After issuance of the letter by the committee under subsection (b) of this
section, the official is exempt from the requirements of the particulars of the
procedures prescribed by this subchapter provided the official's system of
bookkeeping is not altered.
Ark. Code Ann. § 16-10-210
-+
8 Record retention schedule 1
(a) .A11 towns, cities, and counties of the State of Arkansas shall maintain records
for the district courts and city courts and are to:
1 Permanently maintain:
(A) Case indices for all courts;
(B) Case dockets for all courts;
(C)
D)
(E)
(G)
Warrants;
Waivers;
Expungement and sealed records;
Circuit court judgments;
Files concerning convictions
DWI Act, § 5-65-101 et seq.;
Filesconcerning cases resulting
imposition of sentence; and
Domestic battering files;
under the Omnibus
XVII -14
in a suspended
1
2 Maintain for a period of at Least seven (7) years and in no event
dispose of prior to being audited:
(A) Records and reports of court costs;
(B) Fines and fees assessed and collected;
(C) Complete case files and written exhibits for all courts;
(D) Month-end settlements;
(E) Monthly distribution reports;
(F) Show cause orders;
(G) Case information, induding arrest reports and
affidavits; and
(H) Alternative service or community service time sheets;
and
3 Maintain for a period of at least three (3) years and in no event
dispose of prior to being audited:
(A) Bank reconciliations;
(B) Check book registers;
(C) Cancelled checks;
(D) Bank statements;
(E) Receipts;
(F) Deposit collection records;
(G) Budget packets or books;
(H) Accounts payable;
(I) Payroll time sheets;
Q) Information concerning vacation and sick leave;
(19 Month-end payroll; and
(L) Ticket books from each police department and
sheriff's office.
(b) After a town, city, or county has maintained records for the time periods
required and after the records described in subdivisions (a) 2 or 3 have been
audited, the records may be destroyed.
(c) When records are destroyed under subdivision of this section, the town, city,
or county shall document the destruction by the following procedure:
1 An affidavit is to be prepared stating:
(A) Which records are being destroyed and to which period of
time the records apply; and
(B) The method of destruction; and
2(A) For city court records, the affidavit described is to be signed
by the town or city employee performing the destruction and one (1)
town or city council member.
XVII -15
•
(C) For district court records, the affidavit is to be signed by the
town, city, or county employee performing the destruction
and one (1) employee of the governing body or, if applicable,
governing bodies which contribute to the expenses of the
court.
(d)(1) In addition to the procedure described above, the approval of the town or
city council for destruction of documents shall be obtained prior to the
destruction of city court .records and an appropriate note of the approval
indicated in the town or city council minutes along with the destruction affidavit.
(2) In addition to the procedure described above, the approval of the
governing body or, if applicable, governing bodies that contribute to the
expenses of the court shall be obtained prior to the destruction of district court
records and an appropriate note of the approval indicated in the minutes of the
governing body or bodies along with the destruction affidavit.
Ark. Code Ann. § 16-10-211
E Enforcement of Fines
1 Scope.
(a) The procedures established by this subchapter shall apply to the assessment
and collection of all monetary fines, however designated, imposed by circuit
courts, district courts or city courts for criminal convictions, traffic
convictions, civil violations, and juvenile delinquency adjudications and shall
be utilized to obtain prompt and full payment of all such fines.
(b) For purposes of this subchapter, the term "fine" or "fines" means all
monetary penalties imposed by the courts of this state, which include fines,
court costs, restitution, probation fees, and public service work supervisory
fees.
Ark. Code Ann. § 16-13-701
2 Immediate payment
(a)
(b)
When a court has imposed a fine, as described in § 16-13-701, the imposition
of such a fine constitutes an order to pay the full amount of the fine in
accordance with this subchapter
Following imposition of the fine, the court shall inform the defendant that
full payment of the fine is due immediately and shall inquire of the defendant
what arrangements he has made to comply with the court's order to pay the
fine.
XVII -16
(c) Without utilizing the provisions of § 16-13-704, the court may allow the
defendant a period of time, not to extend beyond the time of the close of the
clerk's office on the following day, within which to return to the court and
tender payment of the fine.
(d) If the defendant fails to appear as directed, the court shall issue an order of
arrest.
(1) The arrest order shall be carried out by the sheriff.
(e) The court may also, upon the defendant's failure to appear, utilize any of the
enforcement mechanisms authorized by this subchapter.
(f) If the defendant claims an inability to pay the fine, the court shall inquire into
the defendant's ability to pay and shall make a determination of the
defendant's financial ability to pay the fine.
(g) If the court finds that the defendant has the financial ability to make
immediate payment of the fine in full, the court shall order him to pay the
fine.
(h) Failure or refusal to pay as ordered by the court shall subject the defendant
to imprisonment, as provided in § 16-13-703.
(i)
When a corporation is sentenced to pay a fine or costs, it is the duty of the
person authorized to make disbursement from the assets of the corporation
to pay the fine or costs.
0) If such disbursements require approval of the board of directors, it is the
duty of the board to authorize disbursements to pay the fine or costs.
(k) Failure to comply with the duties imposed by this subsection shall render the
person or directors subject to imprisonment under § 16-13-703.
Ark. Code Ann. § 16-13-702
3 Imprisonment
(a)
When a defendant sentenced to pay a fine defaults in the payment thereof, or
of any installment, the court, upon its own motion or that of the prosecuting
attorney, may require him to show cause why he should not be imprisoned
for nonpayment.
(b) The court may issue a warrant of arrest of sununons for his appearance.
XVII -17
Clarice Pearman - Res. 212-08
From:
To:
Date:
Subject:
CC:
Attachments:
Clarice Pearman
Stockalper, Dena
11.13.08 3:34 PM
Res. 212-08
Audit
Audit
Page 1 of 1
Dena:
Attached is a copy of the above resolution passed by City Council regarding District Court destruction of records. Please let
me know if there is anything else needed for this item. Have a good day.
Thanks.
Clarice
file://C:\Documents%20and%20Settings\cpearman.000\Local%20Settings\Temp \XPgrpwise\491 C48F2F... 11.13.08