HomeMy WebLinkAbout30-14 RESOLUTIONRESOLUTION NO. 30-14
A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE
FAYETTEVILLE DISTRICT COURT IN THE AMOUNT OF $20,000.00 TO
RECOGNIZE REVENUE FROM THE COURT AUTOMATION FUND FOR
THE PURCHASE OF TECHNOLOGY UPGRADES INCLUDING
COMPUTER MONITORS, HARD DRIVES, PRINTERS AND WIRELESS
COMPONENTS
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 approves a
budget adjustment for the Fayetteville District Court in the amount of $20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades including
computer monitors, hard drives, printers and wireless components.
PASSED and APPROVED this 5th day of February 2014.
APPROVED:
ATTEST:
Dena Stockalper
Submitted By
City of Fayetteville Item Review Form
Legistar File Number
-c r«7
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Action Required:
District Court
Department
A resolution approving a budget adjustment for the Fayetteville District Court in the amount of $20,000.00
to recognize and appropriate revenue from the Court Automation Fund for automation and electronic
equipment upgrades. The Courtroom upgrades will include two (2) TV/monitors, wireless HDMI for the
monitors, computer upgrades, and a wireless keyboard/mouse. Additionally, two (2) printers, six (6)
computer monitors, and several hard drive upgrades are requested for the clerk/support staff.
Does this item have a cost?
$20,000.00
Yes
Cost of this request
1010-0400-5210.00
Account Number
Project Number
Budgeted Item?
No
$20,000.00
Court Automation
Category or Project Budget Program or Project Name
$0.00
Court Automation
Funds Used to Date Program or Project Category
$0.00 General Fund
Remaining Balance Fund Name
Budget Adjustment Attached?
Yes
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
51-09
V20130812
a�fve`evi�le
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENT CORRESPONDENCE
ARKANSAS
www.accessfayetteville.org
CITY COUNCIL AGENDA MEMO
To:
Mayor Lioneld Jordan
Administrative Staff &
City Council
Thru: David A. Stewart, District Court Judge
From: Dena Stockalper, ief Cl
Date: January 17, 2014
Subject: Fayetteville District Court Budget Adjustment
PROPOSAL:
Budget adjustment for the Fayetteville District Court in the amount of $20,000.00 to recognize and appropriate
revenue from the Court Automation Fund for automation and electronic equipment upgrades.
RECOMMENDATION:
The Courtroom upgrades will include two (2) TV/monitors, wireless HDMI for the monitors, computer
upgrades, and a wireless keyboard/mouse. Additionally, two (2) printers, six (6) computer monitors, and
several hard drive upgrades are requested for the clerk/support staff.
BUDGET IMPACT:
None
According to Arkansas state statue 16-13-704 funds collected by the District Court are deposited in a fund
entitled District Court Automation to be used solely for district court -related technology.
RESOLUTION NO.
A RESOLUTION APPROVING A BUDGET ADJUSTMENT FOR THE
FAYETTEVILLE DISTRICT COURT IN THE AMOUNT OF $20,000.00 TO
RECOGNIZE REVENUE FROM THE COURT AUTOMATION FUND FOR
THE PURCHASE OF TECHNOLOGY UPGRADES INCLUDING
COMPUTER MONITORS, HARD DRIVES, PRINTERS AND WIRELESS
COMPONENTS
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 approves a
budget adjustment for the Fayetteville District Court in the amount of $20,000.00 to recognize
revenue from the Court Automation Fund for the purchase of technology upgrades including
computer monitors, hard drives, printers and wireless components.
PASSED and APPROVED this 4th day of February 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer
City of Fayetteville, Arkansas
Budget Adjustment Form
V13.1030
Legistar
Budget Year
BY 2014
Division: Transportation Services
Department: Transportation Services
Request Date
2/4/2014
Adjustment Number
BUDGET ADJUSTMENT DESCRIPTION / JUSTIFICATION
Purchases and upgrades for the Fayetteville District court which will include but not limited to the following
items; 2 television monitors, wireless HDMI, computers, wireless keyboard/mouse, printer, computer
monitors, and hard drive upgrades. Purchases and upgrades will be for office, staff and courtroom.
Prepared By
Division Head
Budget Director
CITYlbfell
1/17/2014 4:32 PM
Legistar# / Date: 2014-0028 / 2/4/2014
Legistar Title District Court Budget Adjustment
Budget & Information Management Use Only
Type: A B C D E P
General Ledger Date
Posted to General Ledger
Checked / Verified
Initial Date
Initial Date
TOTAL BUDGET ADJUSTMENT
Account Name
Minor equipment
Miscellaneous revenue
20,000 20,000
Increase / (Decrease) Project.Sub
Account Number Expense Revenue Number
1010.0400.5210.00 20,000 39012 . 901
1010.0001.4999,00 20,000
H:1Budget\Budget Adjustments12014_Budget\LEGISTAR\2014_02_04\BA 2014-0028_DISTRICT_COURT 1 of 1
199 CIRCUIT COURTS 16-13-704
(ii) Expenditures may be made for indirect expenses related to
implementation of new court -related technology, including overtime
pay, personnel or travel expenses, and technology -related supplies.
(c) A defendant who has been authorized by the court to pay a fine by
installments shall be considered to have irrevocably appointed the clerk
of the court as his or her agent upon whom all papers affecting his or
her liability may be served, and the clerk shall forthwith notify the
defendant thereof by ordinary mail at his or her last known address.
(d) "Ability to pay" means that the resources of the defendant,
including all available income and resources, are sufficient to pay the
fine and provide the defendant and his or her dependents with a
reasonable subsistence compatible with health and decency.
History. Acts 1995, No. 1262, § 3;
2001, No. 1809, § 13; 2003, No. 1185,
§ 94; 2003, No. 1765, § 10; 2005, No.
1934, § 7; 2009, No. 633, § 8.
Publisher's Notes. For text of section
effective January 1, 2012, see the follow-
ing version.
Amendments. The 2005 amendment
added present (b)(1XB), (bX1XC),
(b)(2)0B), (bX3XBXii) and (b)(3XD) and
(bX3XE) and made related changes; in-
serted "circuit" twice in (b)(2)(A); substi-
tuted "16-13-712" for "6-13-712" in
(b)(3)(A); in (b)(3XBXi), inserted "collected
in district court" "of the city in which the
district court is located" and "district"
twice; and inserted "of the county in which
the district court is located" in (b)(3)(C).
The 2009 amendment, in (b), inserted
"on the first day of each month" in
(b)(1)(A), inserted "and shall be autho-
rized ... technology related supplies" in
(b)(2XB)(i), deleted (b)(2)(B)(iii), which
read: "All expenditures from the circuit
court automation fund shall be autho-
rized, pursuant to the county accounting
law, by the quorum court," inserted
(b)(3)(D)(ii) and (b)(2)(EXii), redesignated
the remaining text of (bX3)(D) and
(bX3)(E), and substituted "and paid, un-
der state laws governing the appropria-
tion and payment of county or municipal
expenditures" for "pursuant to state ac-
counting law" in (b)(31)(D)(i) and
(b)(3)(E)(i); and made related and minor
stylistic changes.
Effective Dates. Acts 2003, No. 1185,
§ 94: Jan. 1, 2005, by its own terms.
CASE NOTES
Right to Appeal.
City could not rely on the application of
this section to claim that defendants' ap-
peal had to be dismissed for the failure of
defendants to pay an appeal bond be-
cause, even though the court had the right
to order installment payments, nothing in
this section authorizes a district court to
demand payment of the fine as a prereq-
uisite for taking an appeal to circuit court.
Velek v. State, 364 Ark. 531, 222 S.W.3d
182 (2006).
16-13-704. Installment payments. [Effective January 1, 2012.]
(a)(1) If the court concludes that the defendant has the ability to pay
the fine, but that requiring the defendant to make immediate payment
in full would cause a severe and undue hardship for the defendant and
the defendant's dependents, the court may authorize payment of the
fine by means of installment payments in accordance with this sub-
chapter.
(2)(A) When a court authorizes payment of a fine by means of
installment payments, it shall issue, without a separate disclosure
16-13-704 PRACTICE, PROCEDURE, AND COURTS 200
hearing, an order that the fine be paid in full by a date certain and
that in default of payment, the defendant must appear in court to
explain the failure to pay.
(B) In fixing the date of payment, the court shall issue an order
which will complete payment of the fine as promptly as possible
without creating a severe and undue hardship for the defendant and
the defendant's dependents.
(b)(1)(A) In addition to the fine and any other assessments autho-
rized by this subchapter, an installment fee of five dollars ($5.00) per
month shall be assessed on each person who is authorized to pay a
fine on an installment basis.
(B) This fee shall be collected in full each month in which a
defendant makes an installment payment.
(C) This fee shall accrue each month that a defendant does not
make an installment payment and the fine has not been paid in full.
(2)(A)(i) One-half (1/z) of the installment fee collected in circuit court
shall be remitted by the tenth day of each month to the Administra-
tion of Justice Funds Section of the Office of Administrative Services
of the Department of Finance and Administration, on a form provided
by that office, for deposit in the Judicial Fine Collection Enhancement
Fund established by § 16-13-712.
(ii) The other half of the installment fee shall be remitted by the
tenth day of each month to the county treasurer to be deposited in a
fund entitled the circuit court automation fund to be used solely for
circuit court -related technology.
(B)(i) Expenditures from the circuit court automation fund shall be
approved by the administrative circuit judge of each judicial circuit.
(ii) Funds in each county in a judicial circuit may be pooled for
expenditure pursuant to a circuit -wide technology plan approved by
the administrative circuit judge.
(iii) All expenditures from the circuit court automation fund shall
be authorized, pursuant to the county accounting law, by the quorum
court.
(3)(A) One-half (1/2) of the installment fee collected in district court
shall be remitted by the tenth day of each month to the Administra-
tion of Justice Funds Section, on a form provided by that section, for
deposit in the Judicial Fine Collection Enhancement Fund estab-
lished by § 16-13-712.
(B) The other half of the installment fee collected in district cavu't
shall be remitted by the tenth day of each month to the city treasurer
of the city in which the district court is ideated to be deposited in .a
fund entitled the district court automation fund to be used solely for
district court -related technology
(C) In any district court which is funded solely by the county, the
other half of this fee shall be remitted by the tenth day of each month
to the county treasurer of the county in which the district court is
located to be deposited in the district court automation fund to be
Used- solely. for district court -related technology.
201
CIRCUIT COURTS 16-13-705
(D) Expenditures from the district court autoraation fund. shall be.
approved by a district judge and shall be authorized, pursuant to
state accounting law, by the governing body or, if applicable, govern-
ing bodies which contribute to the expenses of a district court.
(c) Any defendant who has been authorized by the court top aged the
a fine
by installments shall be considered to have irrevocably app
clerk of the court as his or her agent upon whom all papers affecting his
or her liability may be served, and the clerk shall forthwith notify the
defendant thereof by ordinary mail at his or her last known address.
(d) "Ability to pay" means that the resources of the defendant,
including all available income and resources, are sufficient to pay the
fine and provide
defendant
omp �b� with h he lth and decenchis or her y. is with a
reasonable subsistence
History. Acts 1995, No_ 1262, § 3;
2001, No. 1809, § 13; 2003, No. 1185,
§ 94; 2003, No. 1765, § 10; 2005, No.
1934, § 7; 2007, No. 663, § 32.
Publisher's Notes. For text of section
effective until January 1, 2012, see the
preceding version.
Amendments. The 2007 amendment
deleted "or city court" following "district
court" in (b)(3)(A); deleted former
(b)(3)(13Hu) and (b)(3)(E); and made re-
lated changes.
Effective Dates. Acts 2007, No. 663,
§ 56, as amended by Acts 2009, No. 345, §
7, provided:
"(a) Sections 2 through 15 of this act
are effective January 1, 2008.
"(b) Sections 16 through 50 and 52
through 55 of this act are effective Janu-
ary 1, 2012.
"(c) Section 51 of
20 2, 663 of 2007 is
effective Januaryexcept:
"(1) That portion of Section 51 of Act 663
of 2007 that is referred to in Act 663 of
2007 as 16-17-933, establishing the
Cleburne County District Court and de-
partments of that court, codified as § 16-
17-936 is effective July 1, 2009; and
"(2) That portion of Section 51 of Act 663
of 2007 that is referred to in Act 663 of
2007 as 16-17-950, establishing the
Francis County District Court and depart-
ments of that court, codified as § 16-17-
954 is effective July 1, 2009."
CASE NOTES
to order installment payments, nothing in
this section authorizes a district court to
demand payment of the fine as a prereq-
uisite for taking an appeal to circuit court..
Velek v. State, 364 Ark. 531, 222 S.W.3d
182 (2006).
Right to Appeal.
City could not rely on the application of
this section to claim that defendants' ap-
peal had to be dismissed for the fond
of
to pay an appeal
be-
cause, even though the court bad the right
16-13-705. Personal checks.
(a) The court shall accept personal checks drawn in paymentofany
favor
or fine
designated official, as provided in § 16-13-709, in payor
or associated charge assessed by the court if the person issuing the
check furnishes satisfactory proof of residence in this state and if the
personal check is drawn on a banking institution located in this state.
(bX1) if any personal check offered in payment pursuant to this
section is returned without payment, for any reason, a reasonable
charge for the returned check, not to exceed the actual costs incurred by
the court or designated agency, may be imposed to recover processing
and collection costs.
Stricken language would be deleted from and underlined language would be added to present law.
Act 282 of the Regular Session
1 State of Arkansas As Engrossed: 52/18/13
2 89th General Assembly A Bill
3 Regular Session, 2013
4
5 By: Senators D. Johnson, J. Hutchinson
6 By: Representatives Vines, Wright, Steel, Westerman
7
8 For An Act To Be Entitled
9 AN ACT CONCERNING FUNDING FOR COURTS AND COURT -
10 RELATED SERVICES; TO AMEND THE ASSESSMENT,
11 COLLECTION, AND REMITTANCE OF FUNDING FOR THE STATE
12 ADMINISTRATION OF JUSTICE FUND; TO DECLARE AN
13 EMERGENCY; AND FOR OTHER PURPOSES.
14
15
16 Subtitle
17 CONCERNING FUNDING FOR COURTS AND COURT -
18 RELATED SERVICES; TO AMEND THE
19 ASSESSMENT, COLLECTION, AND REMITTANCE OF
20 FUNDING FOR THE STATE ADMINISTRATION OF
21 JUSTICE FUND; TO DECLARE AN EMERGENCY.
22
23
24 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF ARKANSAS:
25
26 SECTION 1. Arkansas Code § 9-9-205(a), concerning jurisdiction of
27 adoption of minors, is amended to add a new subdivision to read as follows:
28 (4) A petition for adoption may not be asserted in a guardianship
29 proceeding, but a separate action shall be filed, and the clerk shall assign
30 a new case number and charge a filing fee unless the filing fee is waived
31 under Rule 72 of the Arkansas Rules of Civil Procedure.
SENATE BILL 307
32
33
34
35
SECTION 2. Arkansas Code § 9-15-202 is amended to read as follows:
9-15-202. Filing fees.
(a)(1) The court, clerks of the court, and law enforcement agencies
36 shall not require any initial filing fees or service costs.
11
11
11
02-12-2013 15:22:06 BPG089
As Engrossed: S2/18/13 SB307
1 (e) The county shall remit on or before the fifteenth day of each
2 month all sums received in excess of the amounts necessary to fund the
3 expenses enumerated in subsections (b) and (c) of this section during the
4 previous month from the uniform filing fees provided for in §� 21-6-403 and
5 9-15-202, and the uniform court costs provided for in § 16-10-305 to the
6 Administration of Justice Funds Section of the Office of Administrative
7 Services of the Department of Finance and Administration, Administration of
8 .. _ for deposit In into the State Administration of
9 Justice Fund.
10
11 SECTION 8. Arkansas Code § 16-10-308(c)(1)(B)(ii), concerning the city
12 administration of justice fund, is amended to read as follows:
13 (ii) Except as provided in subdivision (c)(1)(B)(iii) of this
14 section, for calendar years beginning 2006 2014 and each calendar year
15 thereafter, an additional amount shall be added to the amount to be retained
16 based upon the lesser of the average percentage increase in the Consumer
17 Price Index for All Urban Consumers or its successor, as published by the
18 United States Department of Labor for the two (2) years immediately preceding
19 or the percentage rate of increase in collections of the State Administration
20 of Justice Fund for the two (2) years immediately preceding.
21
22 SECTION 9. Arkansas Code § 16-13-704(b)(3)(E), concerning installment
23 payments of fines is amended to read as follows:
24 (E)(i) In circuit court only, an installment fee of an additional five
25 dollars ($5.00) per month shall also be assessed on the first day of each
26 month on each person who is authorized to is ordered to pay a fine on an
27 installment basis with the additional five dollars ($5.00) to be remitted to
28 the collecting official to be used to defray the cost of fine collection.
29 (ii) In district court only, an installment fee of an additional.
30 five dollars ($5.00) per month shall also be assessed on the first day of
31 each month on each person who is ordered to pay a fine on an installment
32 basis with the additional five dollars ($5.00) to be remitted by the tenth
33 day of each month to the Administration of Justice Funds Section of the
34 Office of Administrative Services of the Department of Finance and
35 Administration on a form provided by that section for deposit into the State
36 Administration of Justice Fund.
6 02-12-2013 15:22:06 BPG089
RESOLUTION NO.
RESOLUTION APPROVING A BUDGET ADJUSTMENT F 4 R THE
YETTEVILLE DISTRICT COURT IN THE AMOUNT OF $10 X00.00 TO
RECOGNIZE REVENUE FROM THE COURT AUTOMATION UND FOR
THE PURCHASE OF TECHNOLOGY UPGRADES INCLUDING
COMP ►.TER MONITORS, HARD DRIVES, PRINTERS D WIRELESS
COMPO NTS
BE IT ' OLVED BY THE CITY COUNC ' OF THE CITY OF
FAYETTEVILLE, A SAS:
Section 1: That the 'ty Council of the City of Faye eville, Arkansas hereby approves a
budget adjustment for the Fay teville District Court in te amount of $20,000.00 to recognize
revenue from the Court Automa.'on Fund for the purase of technology upgrades including
computer monitors, hard drives, pri ters and wireless •mponents.
PASSED and APPROVED this
t
day s ' February 2014.
APPROVED: ATTEST:
By: By:
LIONELD JORDAN, Mayor SO DRA E. SMITH, City Clerk/Treasurer