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Home My Public Portal About2022-06-01 packet NOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday, June 1, 2022 – 7:30 a.m. Boone/Bancroft Room (City Hall) – 320 E McCarty St TO JOIN VIA VIDEO (COMPUTER, SMART PHONE, TABLET) VISIT: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=md9d2d42735e217290e0719e233e64cfc MEETING NUMBER (ACCESS CODE): 2481 996 4782 MEETING PASSWORD: 1234 JOIN VIA CALL-IN: 1-404-397-1516 Tentative Agenda 1. Call to Order 2. Roll Call 3. Approval of the May 4, 2022 Minutes 4. Municipal Court Reorganization (Moehlman) 5. Appointments (Strope) 6. New Business 7. Public Comment 8. Next Meeting Scheduled for July 6, 2022 9. Adjournment NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Minutes of Meeting Jefferson City Council Committee on Administration Wednesday, May 4, 2022 Boone/Bancroft Room (City Hall) – 230 East McCarty Street ATTENDEES: Committee members present: Erin Wiseman, Ron Fitzwater, Jack Deeken, Jon Hensley, Laura Ward Staff Present: Gail Strope, Steve Crowell, Ryan Moehlman, Sonny Sanders, LeAnne Corrigan, Todd Spalding Others Present: Michael Lester, Derrick Spicer, Jeff Haldiman (News Tribune), Randy Lueckenotte (Wallstreet Insurance, Video), Carrie Tergin (Video) Meeting came to order at 7:30 a.m. by Councilmember Erin Wiseman. The April 6, 2022 and April 18, 2022 minutes were approved with a motion by Councilmember Jon Hensley, and seconded by Councilmember Ron Fitzwater. The motion passed unanimously. Juneteenth Holiday Discussion: Presented by Councilmember Michael Lester. Mike presented the idea of adding Juneteenth as a City holiday. A motion was made by Councilmember Laura Ward and seconded by Councilmember Jon Hensley to move the ordinance to full council. The motion passed unanimously. RFP for Employee Benefit Broker Services: Presented by Gail Strope. Gail gave an update on the RFP for employee benefit broker services. Randy Lueckenotte with Wallstreet presented information as to why they did not submit an RFP by the deadline. Appointments: Presented by Gail Strope. Councilmember Jack Deeken had concerns about a couple of candidates and also expressed concern why candidates who have lost a council election are put on Boards & Commissions. The committee made 14 re-appointments and 6 new appointments. A motion to approve was made by Councilmember Laura Wiseman and seconded by Councilmember Jon Hensley. The motion passed with four members voting yes and Councilmember Jack Deeken voting no. Boards and Commissions Recommended Appointment New Term Expires Term Full/Partial Environmental Quality Commission Mackenzie Walker Nov 2022 Partial Historic Preservation Commission Christine Boston Dec 2022 Partial Jefferson City Industrial Development Authority Dan Westhues May 2025 Full Jefferson City Industrial Development Authority Bob Gilbert May 2025 Full Jefferson City Industrial Development Authority Bernie Fechtel May 2025 Full Jefferson City Industrial Development Authority Larry Vincent May 2025 Full Jefferson City Industrial Development Authority Beth Utrecht May 2025 Full Jefferson City Industrial Development Authority Diane Gillespie May 2025 Full Jefferson City Industrial Development Authority Hank Vogt May 2025 Full Parks & Recreation Commission Andre Grinston* May 2025 Full Parks & Recreation Commission Alicia Edwards May 2025 Full Parks & Recreation Commission Stu Murphy* May 2025 Full Planning & Zoning Commission Greg Butler May 2026 Full Planning & Zoning Commission Blake Markus May 2026 Full Planning & Zoning Commission Dale Vaughan* May 2026 Full Planning & Zoning Commission Spencer Hoogveld May 2026 Full Planning & Zoning Commission Candace Moore May 2026 Full Planning & Zoning Commission Treaka Young May 2023 ALT Planning & Zoning Commission Hank Vogt May 2023 ALT Planning & Zoning Commission Jacob Robinett May 2023 ALT New Business: No Discussion Public Comment: None The next scheduled meeting will be held at 7:30 a.m. Wednesday, June 1, 2022. There being no further business, Councilmember Erin Wiseman ended the meeting at 8:11 a.m. 1 19th JUDICIAL CIRCUIT JEFFERSON CITY MUNICIPAL DIVISION COURT REVIEW REPORT INTRODUCTION This report was prepared following a review by the Office of State Courts Administrator (OSCA) Municipal Assistance Review unit, conducted November 8, 2021. The review was conducted to determine, but not limited to, compliance with Missouri State Statutes, Supreme Court Rules, Court Operating Rules and state and local reporting requirements. The report provides descriptions of some practices, policies and procedures that may not comply with various laws, rules and regulations. Suggested business practices follow each description and represent what the court can do to correct the issue described. The report is intended for management purposes and may be shared with court staff and municipal officials to assist in making appropriate changes. The following staff assisted with the review and/or the preparation of this report: Manager Susan Shields Supervisor Robin Ausmus Supreme Court Monitor Roberta Rothstein Municipal Division Judge Scott Evans and Municipal Division Court Administrator Lindsay Sullivan were in attendance for this review. 2 MINIMUM OPERATING STANDARDS FOR MUNICIPAL DIVISIONS AND MUNICIPAL DIVISION JUDGES - RULE 37.04 APPENDIX A Minimum Operating Standard # 1: Municipal divisions and their judges shall ensure that when individuals must be held in jail in the interests of justice, this is done strictly in accordance with the principles of due process of law, including: A. Municipal Divisions The municipal division has procedures in place to ensure that when a case is dismissed by the prosecuting attorney or otherwise finally resolved, or when the circumstances that justified issuance of a warrant no longer exist, the judge recalls and cancels any outstanding warrants in that case as soon as practicable. Observation The division is not receiving warrant recall confirmation from law enforcement. Suggested Business Practice Upon receipt of the order to recall warrant, law enforcement should submit via fax or email confirmation that the warrant was recalled from MULES. ____________________________________________________________________________ Minimum Operating Standard # 4: Municipal divisions and their judges shall neither assess nor collect unauthorized fines, costs or surcharges. A. Municipal Divisions Only court costs (fees, miscellaneous charges, and surcharges as defined at section 488.010, RSMo,) authorized by state statute are assessed. The OSCA bench card on municipal division court costs shall be used as a reference. Sections 479.260.1, 479.360(5), and 488.012, RSMo; COR 21.01. Observation City Ordinance Section 20-16 Jailing of defendants If, in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail, and it shall be the duty of the Sheriff, if space for the prisoner is available in the County Jail, upon receipt of a warrant of commitment from the judge to receive and safely keep such prisoner until discharged by due process of law. The City shall pay the board of such a prisoner at the same rate as may now or hereafter be allowed to the Sheriff for the keeping of such prisoner in custody. The same shall be taxed as costs. City Ordinance Section 20-28 (A)(3) Court costs 3. Actual costs assessed against the city by the County Sheriff for apprehension or confinement in the County Jail. 3 Suggested Business Practice It is suggested a review of Sections 20-16 and 20-28(A)(3) be made with regard to current statutory authority and language, specifically that which references assessing costs for the confinement of any defendant. SC97604 State of Missouri v. George Richey, AND SC97630, State of Missouri v. John B. Wright, which held that “board bills” are not to be taxed as court costs. Observation City Ordinance Section 20-28 (A)(2) and (E)(1) Court Costs 2. In all cases except for those of nonmoving traffic violations, costs for the training of police officers in the amount of $2.00. E. Additional Law Enforcement Training Fund Fee. 1. In addition to any other fine imposed and costs assessed pursuant to law, a cost of $1.00 shall be assessed as cost in each municipal court proceeding for each violation of the general criminal laws of the State, including infractions, or violations of the ordinances of the City, provided that no such fee shall be collected for non-moving traffic violations, and no such fee shall be collected for violations of fish and game regulations, and no such fee shall be collected in any proceeding in any court when the proceeding or the defendant has been dismissed by the Court. Suggested Business Practice It is suggested a review of Section, 20-28 (A)(2) and (E)(1) be made, specifically that which allows for differing amounts in the collection of fees and surcharges for moving and non-moving violations. There is no authority to reduce those fees established by Missouri Revised Statutes. The OSCA bench card on municipal division court costs shall be used as a reference. Additional references include sections 479.260.1, 479.360(5), and 488.012, RSMo; COR 21.01. Observation City Ordinance Section 20-28 (A)(4) 4. Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this court. City Ordinance Section 20-28 (I) I. Warrant fees. In addition to all other costs, when the Municipal Judge issues a warrant for the arrest of any defendant or witness to compel attendance in municipal court, the judge may assess a warrant fee in the amount up to $50.00. Suggested Business Practice 4 It is suggested a review of Sections 20-28 (A)(4) and 20-28 (I) be made with regard to current statutory authority and language. The OSCA bench card on municipal division court costs shall be used as a reference. Sections 479.260.1, 479.360(5), and 488.012, RSMo; COR 21.01. There is no statutory authorization for collection of costs for mileage or for the issuance of a warrant. Observation City Ordinance 20-28 (B) Whenever it shall become necessary, as incident to the making of an arrest within the City, to remove the automobile of the person arrested from the streets of the City, the fee therefore shall be reported by the police to the Municipal Judge, which amount shall be taxed as costs in the case and paid as other costs in the case. Suggested Business Practice It is suggested a review of Sections 20-28 (B) be made with regard to current statutory authority and language, specifically that which references assessing costs for vehicle removal. The OSCA bench card on municipal division court costs shall be used as a reference. Additional references include sections 479.260.1, 479.360(5), and 488.012, RSMo; COR 21.01. Observation City Ordinance Section 20-28 (F) Missouri Court Automation Program surcharge. Such surcharge shall be collected by the Court Administrator and transmitted monthly to the City Treasurer. Suggested Business Practice It is suggested a review of Section 20-28 (F) be made with the regard to current statutory authority and language, specifically that which references paying the Missouri Court Automation Program surcharge funds collected to the City Treasurer. The $7 Court Automation Fund fee should be paid monthly to the Department of Revenue. Additional references include COR 21.01(a)(4) and 479.056 RSMo. Note: The division is currently utilizing Show-Me Courts and the assessment is set up to pay monthly to the Department of Revenue. ____________________________________________________________________________ Minimum Operating Standard # 7: Municipal divisions shall be operated in a manner that upholds the constitutional principles of separation of powers and the integrity of the judiciary as a separate and independent branch of government. Informations are signed by the prosecutor. Rule 37.35(a). Observation 5 City Ordinance 20-22 (B) Clerk of Municipal Division – Duties B. In addition to those duties set forth in subsection (a), the Clerk shall obtain and acquire from all police officers issuing traffic tickets or arrest slips to law violators one copy of the original ticket or arrest slip. Each day the Clerk shall collect all fines and costs that may be adjudged against any law violator, together with the other two copies of the traffic ticket or arrest slip issued by the arresting officer. Each day, the Clerk of the Municipal Division shall list on a suitable form in detail the amount of the fines collected, the date of payment, the name of the payer of the fine and the violation for which such fine was assessed. The money paid over to and collected by the Clerk shall be deposited daily in the city depositary to the credit of the city treasurer. The Clerk of the Municipal Division shall receive from such depositary a deposit slip, which, together with a copy of the form containing the aforementioned data and the two copies of the Traffic ticket or two copies of the arrest slip, shall be turned over to the city clerk. The Clerk of the Municipal Division shall receive all money paid by the law violators for fines assessed by the Municipal Judge. Such Clerk shall be in the office of the Municipal Division between the hours of 9:00 a.m. and 12:00 noon and between the hours of 1:00 p.m. and 4:30 p.m., legal holidays excepted. The Clerk of the Municipal Division shall make a report each month to the City Council relating to the traffic tickets or arrest slips issued by police officers, the action upon and disposition of such traffic tickets or arrest slips, the amount of such fines and money collected by the Municipal Division Clerk and the disposition of those monies collected into the various funds of the city treasury. Suggested Business Practice It is suggested a review of Section 20-22 (B) be made with the regard to current statutory authority and language, specifically that which references division staff obtaining tickets directly from law enforcement and depositing monies daily in the city depositary to the credit of the city treasurer. SCR 37.35 (a) - The information shall be in writing, signed by the prosecutor and filed in the court having jurisdiction of the ordinance violation. Note: This division is on Show-Me Courts and currently receives citations electronically through the PA Portal and deposits money into the division checking account. Clerks of court and other nonjudicial personnel do not perform any functions that constitute an actual or apparent conflict of interest with the impartial performance of their judicial duties. Work performed on behalf of law enforcement or the prosecuting attorney is one example of an actual or apparent conflict of interest. Observation The Jefferson City website lists the Municipal Court under the Law Department tab and references an Administrative Assistant that is shared with the Municipal Court and the City Clerk. Suggested Business Practice It is suggested this page of the Jefferson City website be reviewed and the municipal division listing be moved to its own tab not under the law department on the city's website. Access to 6 the Municipal Division records, files and case management system by the City Attorney’s Administrative Assistant does not provide public confidence that the division is being operated in a manner that upholds the constitutional principles of separation of powers and the integrity of the judiciary as a separate and independent branch of government. Show-Me Courts security access will not be granted to the city attorney or their assistant. Clerks of court and other nonjudicial personnel, when performing court-related functions, work solely under the direction and supervision of the municipal judge, the circuit clerk, or another officer of the judicial branch as to the work to be performed and the manner in which it is to be done. Observation The Jefferson City website states the City Attorney “provides for the administrative oversight of the Court and supports the prosecutor when needed.” This is also reflected in the Organization Chart that is posted. Suggested Business Practice When performing court related functions, the Municipal Division personnel shall do so solely under the direction and supervision of the municipal division judge, the circuit clerk, or another officer of the judicial branch. This conveys to the public a separation of powers and the integrity of the judiciary as a separate and independent branch of government. The city attorney is not an officer of the judicial branch and should have no administrative responsibilities for the municipal division. Municipal division judge Benchbook 2.3 municipal division judge (Sections 479.020 and 479.070, RSMo). The municipal division judge is the chief judicial officer of the municipal division and, as such, assumes the primary responsibility for the administration of the court. ____________________________________________________________________________ Minimum Operating Standard # 10: Municipal divisions shall be well-managed and accountable to the law, with appropriate oversight of municipal division operations provided by the circuit court presiding judge of the judicial circuit. ♦ Open Records and Other Recordkeeping Matters (Article I, § 14, Constitution of Missouri; Court Operating Rules 2, 4 and 8; sections 483.065, 483.075, 483.082, RSMo) The municipal division ensures that an information signed by the prosecuting attorney is filed for each ordinance violation to be prosecuted. In addition, the municipal division ensures that the prosecuting attorney signs all tickets and reviews and approves all amended and dismissed tickets. Observation The prosecuting attorney is not filing an amended information or documenting and signing the amendment on the divisions original or copy of the ticket. 7 Suggested Business Practice It is suggested that any amendments made by the prosecuting attorney during court be made by the prosecuting attorney on the original summons/UTT, initialed and dated; or an amended information should be filed and approved by the municipal judge before the case is resolved. The amended charge code should be included. This practice would provide clarity that the prosecuting attorney is reviewing and approving all amended and dismissed tickets. ____________________________________________________________________________ The municipal division has established procedures to generate monthly reports of municipal division activity, and the municipal division submits these reports timely to OSCA and to the city in accordance with COR 4.28 and 4.29. Observation Sec. 20-6. - Report to City Council. If the City Council shall request it, the Municipal Judge shall cause to be prepared a list of all cases heard and tried before the court during the preceding month, giving in each case the name of the defendant, the fine imposed if any, the amount of cost, the names of the defendants committed and the cases where there was an application for trial de novo, respectively. The same shall be prepared under oath by the Municipal Division Clerk, who shall thereafter forward the same to the City Council for examination at its first session thereafter. The Municipal Division Clerk shall, within the ten days after the first of the month, pay to the Municipal Treasurer the full amount of all fines collected during the preceding months, if they have not previously been paid. Suggested Business Practice It is suggested a review of Section 20-6 regarding detailed reporting to the City Council. It is suggested the municipal division clerk provide the Monthly Municipal Division Summary Report to the Board of Aldermen/City Council by the 15th of the month in accordance with COR 4.29. 4.29 MUNICIPAL DIVISION REPORTING TO THE MUNICIPALITY On or before the 15th of each month, the Municipal Division shall submit to the municipality a copy of the monthly case load summary report for the preceding month required by Court Operating Rule 4.28. This reporting requirement shall supersede and replace the reporting requirement established by section 479.080.3, RSMo. ____________________________________________________________________________ Court Operating Rule 13 Each municipal division should have its own operating budget that is set apart from other city departments’ budgets. The municipal judge is responsible for preparing the budget and supervising expenditures. Observation The judge has had no input in preparation or oversight of the division budget and expenditures. Suggested Business Practice 8 It is suggested the Judge review the municipal division judge Benchbook section 2.3 Municipal Budget and also Court Operating Rule 13. 2.3 Municipal Judge (Sections § 479.020 and § 479.070 RSMo) The municipal judge is the chief judicial officer of the municipal division and, as such, assumes the primary responsibility for the administration of the court. The judge can serve in no more than five municipalities and the judge must be under 75 years of age. General administrative duties of the municipal judge include the following: Preparing the municipal division budget Supervising the court staff Ensuring that complete and accurate case records and accounting records are being maintained In most municipalities, at least one clerk (or court administrator) is appointed to perform the routine clerical functions required of the court, but it is the municipal judge's responsibility to determine record keeping policy and procedure and to see that such policies and procedures are carried out correctly and efficiently. If the presiding judge of the circuit has not issued a Municipal Court Operating Order, it is recommended that the municipal judge do so to give the clerk (court administrator) guidance as to his/her administrative responsibilities. Note: The division budget was created and approved prior to Judge Evans being elected. NOTES