HomeMy WebLinkAbout11/26/1990 Adjourned Meeting 210
' . 'f' --NOVEMBER-261'1990 " ? "' "'
s s... . ADJOURNED MEETING 1.
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The City Council met in session on this date at 12:00 Noon in the
Suncrest Room at the Holiday Inn. City Council members present were
Mayor Pat Berndt, Clarence Barnett,' Lynn Buchanan, George Pechtel, Skip
Semon and Bernard Sims. Council member Henry Beauchamp absent and
excused. City staff members present were Assistant City Manager Stouder,
John Vanek, City Attorney, Pleas Green, Chief of Police, Police Captain
Reid Follansbee, Bob Bounds, City Prosecuting Attorney, and City Clerk
Roberts:`
1. MEETING ON LAW AND JUSTICE ISSUES
Captain Follansbee reviewed the definition for a felony crime,
a gross misdemeanor, criminal and civil infractions and the
penalties involved for the different offenses. Normally, a person
is arrested_for_a felony and the County Prosecutor determines the
degree of felony for which that individual is to be charged. City
Attorney Vanek reported that the City's criminal code allows a fine
of $250 or 90 days in jail for criminal or misdemeanor offenses.
According to State law, the City can sentence someone for up to one
year or give.: them a- $5.,000 fine. The City has not done so because
of the expense involved: If the fine cannot• be paid, - the
individual sits in jail until the fine is "worked off ", at $35 per
day credit. Captain Follansbee stated there are some misdemeanors
under the traffic code, however most traffic infractions are
monetary, no jail time. If the fine is not paid, the State is
notified and that individual can't renew their driver's license
until it has•been paid. Chief Green reported that a person is only
booked into jail as a last resort. Captain Follansbee reviewed the
warrant process. The Court will issue a warrant, signed by a
judge, and the City is commanded to serve the warrant. Almost all
of the warrants are exclusively for failure to appear in court,
related to misdemeanor charges. When an individual is issued a
citation, he can pay the fine or promise to appear in court. If
the individual does not appear in court a warrant is issued. Out
of the last 108 warrants recently received, 55 were for failure to
appear. Another reason for issuing a warrant is failure to keep
time payments. Out of the 108 warrants, 42 were for failure to
keep time payments. The process for warrants is to enter the
information into the computer system, and mail a copy of the
warrant to the individual and ask him to come in to take care of
it. The City has one full -time warrant officer who also serves
subpoenas, so we don't actively seek out the offenders, usually
they are stopped for some other infraction. Council member Semon
asked how many people end up in the category of failure to appear.
Mr. Bounds reported that it is nearly 80 %. Council member Semon
asked if that doesn't add credibility to put these people in jail.
Chief Green agreed, but noted that there has to be room in the
jail. Mr. Bounds summarized the action of the Court handing out
suspended sentences and fines because the jail is full. Plea
bargaining is also used to avoid trials. Council members discussed
the inadequacy of the court and jail system.
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NOVEMBER 26, 1990 2 1 1
ADJOURNED MEETING
Council member Barnett commented he thought the purpose of this
meeting was to decide where to go from here in light of the County
Commissioners announcement that they are going to build a jail. Do
we want to pay the costs to add 50 beds to their jail? Council
member Sims commented that the County said we would have to make a
decision by the end of December. Council member Barnett suggested
we ask the County for the cost figures to add 50 more beds to their
facility. Mayor Berndt stated that before that decision is made,
staff needs to evaluate- whether that will make enough an impact.
.She . reported that Sheriff had said.in - a meeting she and Dick
Zais attended, that not handle our problem. (Council
- member member Barnett absent after 1:18 P.M.) "Council <member Pechtel
• stated that statement 'conflicts with what-Sheriff Blair was saying
earlier when he indicated that our Police Department does not know
- .what - they'are doing-or: is needed. Council members discussed
the potential cost indolved, and questioned what would be the
• funding -source: Mayor:Berndt ` stated she would. like some
information about .the work teiease program.: Chief - Green spoke
about the alternatives to jail, which are needed. He commented
that thesork, release program is operated the County and not all
people qualify or want to participate in this program. He
suggested that we need to be looking at our needs 15 -20 years into
the future, and there is.a lot of public pressure to make the
• —.sentencing Council member Buchanan stated that
- the County was never really interested in a joint law.' enforcement
• fadility.'so City should build a facility. house the Police
• - - Department, a dispatch center and a barracks Chief Green
commented that a number, of community forums at the schools are
scheduled and suggested asking the citizens what they think about
this issue. Do they want these for their
crimes ? member stated the City not convince the
community that - new jail needed, they are not convinced there
is ca problem, therefore,—education is necessary. Assistant City
Manager . Stouder stated that staff will bring back a' range of
alternatives so we can determine what level of commitment Council
wants to make.
The meeting adjourned at the hour of to then meet at
9:00 A.M. on November 27, 1990, for budget review at City Hall.
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READ AND CERTIFIED ACCURATEBY:
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COUNCIL MEMBER --- • 1.1z1TE
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ATTEST: • -
CITY CLERK MAYOR
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