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HomeMy WebLinkAbout225-16 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 225-16 File Number: 2016-0619 DESIGNATION OF COLLECTOR OF FINES ASSESSED IN THE WASHINGTON COUNTY DISTRICT COURT: A RESOLUTION TO DESIGNATE THE WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE DEPARTMENT CLERK TO BE PRIMARILY RESPONSIBLE FOR THE COLLECTION OF FINES ASSESSED IN THIS COURT. WHEREAS, Dena Stockalper, Fayetteville District Court Clerk and Administrator has long served our District Court Judges and been responsible for the collection of fines assessed by those judges; and WHEREAS, on January 1, 2017, the Fayetteville District Court shall become the Washington County District Court, Fayetteville Department within the entire Washington County (Second) District to be served by four District Judges in four Divisions pursuant to A.C.A. § 16-17-1112; and WHEREAS, pursuant to A.C.A. § 16-13-709, the Fayetteville City Council "shall designate a county, town or city official, agency or department who shall be primarily responsible for the collection of fines assessed in the" Washington County District Court, Fayetteville Department; and WHEREAS, the Court Clerk for the Washington County District Court, Fayetteville Department (who is presently Dena Stockalper) should be so designated as primarily responsible to collect the fines assessed in that court. NOW, THEREFORE, 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 designates the Washington County District Court, Fayetteville Department Clerk to be primarily responsible for the Page 1 Printed on 12/21/16 Resolution: 225-16 File Number 2016-0619 collection of fines assessed in this court. PASSED and APPROVED on 12/20/2016 Attest: Cd - Sandra E. Smith, City Cleric T asu E.gl'k?,Y, / x� f AY-'TTEV�LL f*;,I Page 2 Printed on IV21/16 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 On Text File File Number: 2016-0619 Agenda Date: 12/20/2016 Version: 1 Status: Passed In Control: City Council Meeting File Type: Resolution Agenda Number: A. 8 DESIGNATION OF COLLECTOR OF FINES ASSESSED IN THE WASHINGTON COUNTY DISTRICT COURT: A RESOLUTION TO DESIGNATE THE FAYETTEVILLE DEPARTMENT CLERK TO COLLECTION OF FINES ASSESSED IN THIS COURT WASHINGTON COUNTY DISTRICT COURT, BE PRIMARILY RESPONSIBLE FOR THE WHEREAS, Dena Stockalper, Fayetteville District Court Clerk and Administrator has long served our District Court Judges and been responsible for the collection of fines assessed by those judges; and WHEREAS, on January 1, 2017, the Fayetteville District Court shall become the Washington County District Court, Fayetteville Department within the entire Washington County (Second) District to be served by four District Judges in four Divisions pursuant to A.C.A. § 16-17-1112; and WHEREAS, pursuant to A.C.A. § 16-13-709, the Fayetteville City Council "shall designate a county, town or city official, agency or department who shall be primarily responsible for the collection of fines assessed in the" Washington County District Court, Fayetteville Department; and WHEREAS, the Court Clerk for the Washington County District Court, Fayetteville Department (who is presently Dena Stockalper) should be so designated as primarily responsible to collect the fines assessed in that court. NOW, THEREFORE, 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 designates the Washington County District Court, Fayetteville Department Clerk to be primarily responsible for the collection of fines assessed in this court. City of Fayetteville, Arkansas Page 1 Printed on 1212112016 City of Fayetteville Staff Review Form 2016-0619 tegistar File ID 12/20/2016 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Accounting & Audit / Marsha Hertweck 12/1/2016 Finance & Internal Services Department Submitted By Submitted Date Division / Department Action Recommendation: This is a request to designate the Washington County District Court, Fayetteville Department Clerk, as collector of fines assessed in the Washington County District Court, Fayetteville Department. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget Funds Obligated Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? NA Budget Adjustment Remaining Budget Previous Ordinance or Resolution k Original Contract Number: Comments: Approval Date: V20140710 CITY OF Fayv"Oe'te-viL CITY COUNCIL AGENDA MEMO ARKANSAS MEETING OF DECEMBER 20, 2016 TO: Mayor Jordan, Mayor and Members of the City Council THRU: Don Marr, Chief of Staff FROM: Paul A Becker, Chief Financial Officer DATE: December 1, 2016 SUBJECT: Designation of Collector of fines assessed in the Washington County District Court, Fayetteville Department RECOMMENDATION: This is a request to designate the Washington County District Court, Fayetteville Department Clerk, as collector of fines assessed in the Washington County District Court, Fayetteville Department. BACKGROUND: Arkansas state law (A.C.A. 16-13-709) requires the governmental body which contributes to the expense of a district court to designate a county, town or city official, agency or department to be responsible for the collections of fines assessed in the district court for that department. The District Court Clerk in Fayetteville (Dena Stockalper) has been administering this function for the Fayetteville City Court under the previous court configuration and is best suited to continue that function under the new district court configuration. Therefore, it is recommended that the Washington County District Court, Fayetteville Department Clerk (currently Dena Stockalper) be designated as the individual to be primarily responsible for the collection of fines assessed in the Fayetteville Department of the Washington County District Court. BUDGET/STAFF IMPACT: None at this time. Attachments: Staff Review Form, Staff Review Memo Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 OFFICE, OF THE CITY A,f-i0RNFY DEPARTMENTAL CORRESPONDENCE TO: Mayor Jordan Don Marr, Chief of Staff Paul Becker, Finance Director CC: Dena Stockalper, District Court Administrator FROM: Kit Williams, City Attorney DATE: November 17, 2016 -` Kit Williams Cif,, �yl`I(;1" -wy Make IlenlIhigton :lssi>larif City AtMFIncr Y Patti mul ord P, Iir.Cchwi71 RE: Formal designation of District Court Clerk of Fayetteville Department as primary collector of fines Attached please find Washington County Steve Zega's email recommending that our City Council designate our District Court Clerk to be "primarily responsible for the collection of fines assessed in" the District Court, Fayetteville Department pursuant to A.C.A. § 16-13-709 (a) (2) (A) (c) (i). (attached). I agree that it would be proper and advisable for the Fayetteville City Council to appoint District Court Clerk, Fayetteville Department; Dena Stockalper to "be primarily responsible for the collection of fines assessed in" her court. Id. I believe other municipal governing bodies in Washington County will take the same action for their District Court Clerks. As this is a financial and accounting matter, I recommend the Finance Department start such item in Legistar. I will supply the Resolution (and a background memo if necessary). I have attached a proposed Resolution. Williams, Kit From: Steve Zega <szega@co.washington.ar.us> Sent: Wednesday, November 16, 2016 12:30 PM To: Ernest Cate; Williams, Kit; Steve Parker; Steve Tennant; Daniel Wright; Tom; Charles L. Harwell Cc: Karen Beeks Subject: District Court Clerk Collection Ordinance Attachments: Dist Ct Clk Coll Ord.docx Colleagues: During Washington County's exit interview for our 2015 Legislative Audit, a concern came up about designating some agency to collect fines for District Courts in accordance with 16-13-709. We have designated the Circuit Clerk to collect fines for the Circuit Courts, but we have no designation for -the District Courts. My read of the statute suggests that there may be some requirement on your cities as well. I'm including the Ordinance I have drafted for the County for your convenience and free adaptation as you see fit. Steve Zega Washington County, Arkansas County Attorney 280 North College, Suite 500 Fayetteville, AR 72701 (479) 973-8415 (479) 445-6939 (fax) szega@co.washington.ar.us RESOLUTION NO. A RESOLUTION TO DESIGNATE THE WASHINGTON COUNTY DISTRICT COURT, FAYETTEVILLE DEPARTMENT CLERK TO BE PRIMARILY RESPONSIBLE FOR THE COLLECTION OF FINES ASSESSED IN THIS COURT WHEREAS, Dena Stockalper, Fayetteville District Court Clerk and Administrator has long served our District Court Judges and been responsible for the collection of fines assessed by those judges; and WHEREAS, on January 1, 2017, the Fayetteville District Court shall become the Washington County District Court, Fayetteville Department within the entire Washington County (Second) District to be served by four District Judges in four Divisions pursuant to A.C.A. § 16-17-1112; and - WHEREAS, pursuant to A.C.A. § 16-13-709, the Fayetteville City Council "shall designate a county, town or city official, agency or department who shall be primarily responsible for the collection of fines assessed in the" Washington County District Court, Fayetteville Department; and WHEREAS, the Court Clerk for the Washington County District Court, Fayetteville Department (who is presently Dena Stockalper) should be so designated as primarily responsible to collect the fines assessed in that court. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section l: That the City Council of the City of Fayetteville, Arkansas hereby designates the Washington County District Court, Fayetteville Department Clerk to be primarily responsible for the collection of fines assessed in this court. PASSED and APPROVED this 61h day of December, 2016. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer 16-13-709 PRACTICE, PROCEDURE, AND COURTS 206 207 History. Acts :995, No. 1262, § 9; 1997, No. 941, § 2; 1999, No. 1081, § 10, 2001, Nn. 1809, § 15; 2003; No. 1185, 95; 2003, No. 1765, § 13; 2005, No. 1934, § 8; 2009, No. 633, § 9. A.C.R_C. Notes, As amended in 2001, subdivisior_ (a)(1)(A) provided: "on or be- fore January 1, 2002 " As amended in 2001, subdivision (a),M(A) provided: "on or before January 1, 2002." Pursuant to § 1-2-207, this section is set out as amended by Acts 2003, No, 1765, § 13. This section was also amended by Acts 2003, No. 1185, § 96, effective Jan. 1, 2005, amended (al(2) to read as follows: "(2)(AI The quorum court of each county oFthe state or the govern- ing body of the city in which the court is located, or both, on or be Fore January 1 of each year, shall designaLe. a county or city official, agency, department, or private contractor who shall be primarily respon- sible for the collection of fines assessed in the district courts or city courts of this state. 1MG) In the event the quorum court or the governing body of the city in which the court is located, or both, delegates such responsibility to a private contractor, such contractor may receive, pursuant to state accounting laws, a portion agreed upon in advance by the quorum court or the gov- erning body of the city in which the court is located, or both, as commission for the collection of any and all delinquent lines assessed in the district court or city courts of this state. ,C) 'Delinquent' means anv fines as- sessed in the circuit courts, district courts or city courts of this stale which have not been paid as ordered f'or a Period of ninty (90) days or three (31 payments, citiier consecutive or concurrent, snICT payme+ t was ordered or since ]List partial payment was received." Publisher's Notes. For text of' section effective January 1, 2012, see the Follo;� ing version, Amendments. The 2005 aniendinelil added (a)t1)(A)(ii), (aif, 11!A)tiiiI (a)(2)(A)(ii), (a)(21(131 and 1a0(2)(C) and In related changes; redcsigna ml former (a)(2)(l3) and tai('L.i(C iii-tvu' as present ia)(2)iD) :incl (a)(2)(Mi+ii/ (x): r. wrote present. (a)(1)(C)(vl; deleted refer- ences to 'police coui t" throughout, tins section, substAuted "pro rata under this section and` for "ur;der" if; and made minor stvhs0c chanInes The 2009 arnendment, in ui)'2), in serted "or the sheriff" in (aI(2)(C), insec•Lecl "and by mutual agreemenl" in 1a)(2)(M(i1. deleted "and 16-18-104" following "16-17- '707" in (a)(2)(Dllix), and made relaLed and minor sLylisiic chat:ges. Cross References. DisLrie( cnl;rt gel! erall =, § 16-17-132. Jurisdiction 01' circuiL courts, Art:. Const, Amend. 80, 6, 19. 16-13-709. Responsibility for collection. [Effective January 1, 2012.] (a)(1)(Mi) The quorum court of each county of the state shall designate a county official, agency, or department «vhiell shall be primarily responsible for the collection of fines assessed in the circuit courts of this state. (ii) All .fines collected each month in circuit court by the designated county official, agency, or department shall be disbursed by the fifth working day of the following month to the State Administration of' :Justice Fund, the county administration of justice fiend, and the appropriate county fund, state entity; or state agency as provided by law. (iii) The sheriff shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law in circuit court. (B)(1) The quorum court may delegate the responsibility for the collection of delinquent fines assessed in circuit court to a private contractor. ll)l�S C. for sl i'ellll to L.l) viS10 (iv prod (v] r•eill :. fund ,0VA c - n pi) CU 1_I?' of dl' or d [otic (L is It dei)( (( 'Ll pr cora flue (i sior i•l for (i .)n- ullC gov exp Coll pro ( 11P,i 207 CIRCUIT COURTS 16-13-709 (ii) The contractor niay receive, andel' a written contract, a com- mission on delin(pient fines colloeted for (-ircuit court. ('Mti l The coiiirni siun agreed to ho rvi:(-ivvd by the private contrac- tor shall be a portion of the towel liner owod by a defendant. (ii) The court -hall credit they di-flondant with the gross arnount remitted to the priviite conte.-wLon (iii) The privti t.: contractor shall remit, the gross <einooiits collected to the county official, agency, or departnirnt desigrinted under subdi- vision (a)(1)(A) of this section on at least a monthly basis. (iv) Payment of the commission shall be through the county claims process. (v) The County trerrsu1•01- shell snake a pro rata disbuisetnent of the r€iinaining fines to the State Adininistration of .Tushes Fund, the county adniialstration of ,justice fund, and the appropriate county i fund, state entity, or state agency as provided by law. (2)WO) The governing body or, il� t�pplicable, each governing body of a pulitiUd .111bdivision which ron(rihutes to the uypcnses of U district coe111 shall clesighaty a county, town, or city oflicial, <tgoncy. or dep;trtrllcnt who Shall be primarily responsihle (Or the: collection of ' fines assessed in the district courts of this state, (ii) All fines collected each month in district court or a department of district court by the designated county, town, or city official, agency, 1 or department shall be disbursed by the tenth working day of the following month pursuant to § 16-17-707. (B) The chief of police of the town or city in which a district court l is located shall remain responsible for collecting bail or money deposited in lieu of bail on behalf of defendants discharged from incarceration pursuant to law iii district coact. s +(_')(i) Thi= gfil r�rning body ur, o,,ich governing body of I .r political strlr(11%-isicin �xhich contributes tri the expk:n,,;vs of n district i court MaN f ele.-ate the responsibility for the collection ofdelinquent fines assessed in district court to a private contractor. (ii) The contractor may receive under a written contract a commis- sion on delinquent fines collected for district court, ,e (iii) The commission agreed to be received by the private contrac- it for shall be a portion of the total fine owed by a defendant. (iv) The court shall credit the defendant with the gross amount .d remitted to the private contractor. ,h (v) The private contractor shall remit the gross amount collected to of the county, town, or city official, agency, or department designated ie under subdivision (a)(2)(A) of this section on a monthly basis. )y (vi) The commission expense shall be apportioned among each governing body of a political subdivision which contributes to the or expenses of a district court in proportion to the gross amount of fines ]d collected for that political subdivision. (vii) Payment of the commission shall be according to accounting lie procedures prescribed by law, to (viii) The remainder of fines received shall be disbursed pro rata under this section and §§ 16-10-209, 16-10-308, and 16-17-707.