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HomeMy WebLinkAboutR-1997-081 District Court Filing FeeRESOLUTION NO. R-97- 81 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a District Court Filing Fee Agreement between the City of Yakima and Yakima County. WHEREAS, the City of Yakima files a limited number of criminal and traffic infraction cases with the Yakima County District Court for the purpose of adjudication and sentencing; and WHEREAS, pursuant to RCW 3.62.070 and RCW 39.34.180, the City and Yakima County are authorized to enter into an agreement establishing the filing fee to be paid by the City for each criminal and traffic infraction case filed with the Yakima County District Court; and WHEREAS, the purpose and intent of such filing fee agreement is to pay for the cost of the adjudication and sentencing services provided by the Yakima County District Court for each criminal and traffic infraction case filed by the City; and WHEREAS, Yakima County is willing to provide these District Court adjudication and sentencing services in accordance with the terms and conditions of the attached agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to enter into a filing fee agreement with Yakima County for these adjudication and sentencing services in accordance with the terms and conditions of the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute the attached and incorporated District Court Filing Fee Agreement with Yakima County. _ ADOPTED BY THE CITY COUNCIL this day of , 1997. .rim. _ ,. Ly uchanan, Mayor ATTEST: City Clerk Ilklr.. UStrict Cowl Filing Fee pm OFFICE OF THE CITY MANAGER 129 North Second Street CITY HALL, Yakima, Washington 98901 Phone (509) 575-6040 June 26, 1998 Ronald L. Zirkle Office of Corporate Counsel Room 211 Yakima County Courthouse Yakima, WA 98901 7 Sent via First Class Mail, Postage Prepaid, and Certified Mail, Return Receipt Requested Re: Termination of 1987 Yakima County District Court Filing Fee Agreement Dear Mr. Zirkle: The City of Yakima hereby terminates the 1987 Yakima County District Court Filing Fee Agreement ("Agreement"). The Agreement was originally executed by the City and Yakima County in 1987 and was last modified in 1993. This termination notice is given to the County pursuant to Section 5 of the Agreement, RCW 3.62.070, and Finding Number 9 on page 8 of the November 19, 1997 Arbitration Decision of Don W. Schussler. The effective date of the termination of the Agreement is midnight, December 31, 1998. The City desires to negotiate a reasonable fee with the County to cover the costs of the Yakima County District Court adjudicating and processing the remaining "trailing cases" that were filed with the Yakima County District Court prior to January 1, 1997. Under the Arbitration Decision and absent termination of the 1987 Agreement, the City would have been required to pay the County $58,150.00 to process the trailing cases during 1999. That sum is based upon a projected hearing load that has not materialized. The City is willing to pay the County a reasonable fee for the necessary District Court services to hear and process the trailing cases during 1999 and beyond. The City also requests a review regarding the amount of the compensation paid to the County for District Court services during 1998. The Arbitrator's award of $97,119.00 for 1998 was based on the County's projection of the number of trailing case hearings that would occur during this year. Simply put, the County's projection has proven to be substantially inaccurate. Based upon documentation provided by the County, the actual number of hearings from January through May 1998 was just 493 hearings. Utilizing this number, the total number of hearings projected for 1998 is 1183 (493 _ 5 = 98.6, 98.6 x 12 = 1183.2). Even this number may be quite generous as the hearing load trend is steadily downward. f OFI COUNcit, INFO O(vi_Y DAT (, Yakima 1994 Ronald L. Zirkle June 26, 1998 Page - 2 While the City is certainly willing to pay the County a reasonable sum for the District Court's processing of trailing cases during 1998, it is obvious that the $97,119.00 figure is based upon erroneous information and is inequitable. Bluntly stated, the City is paying the County too much for these services. In Finding Number 1 of the Arbitration Decision and with regard to the 1987 Agreement, Mr. Schussler stated that the parties "did not intend that the county subsidize [the adjudication of City cases] or profit from it." In that vein, the City respectfully requests a meeting with County representatives to review and modify the payment program for processing of trailing cases during 1998. Please contact Paul McMurray (Assistant City Attorney) or Jeff West (City Prosecutor) to arrange a meeting as soon as possible to discuss these matters. Thank you for your attention to these matters. Sincerely, DICK ZAIS City Manager cc: Jeff West, City Prosecutor Paul T. McMurray, Assistant City Attorney Tim Jensen, Finance Department Teresa Doty, Court Administrator Presiding Judge, Yakima County District Court THE CITY OF YAKIMA /YAKIMA DISTRICT COURT FILING FEE AGREEMENT THIS AGREEMENT is entered into by and between the CITY OF YAKIMA, a municipal corporation of the State of Washington (hereinafter "City") and YAKIMA COUNTY, a political subdivision of the State of Washington, and is effective as of the first day of January, 1997. In consideration of the mutual promises contained herein, and pursuant to RCW 3.62.070, 39.34.180, and RCW Chapter 39.34, the parties agree as follows: 1. Purpose. Pursuant to RCW 3.62.070, Yakima County and the City are authorized to enter into an agreement establishing the District Court filing fee to be paid by the City to Yakima County in criminal and traffic infraction cases filed by the City in Yakima County's District Court in an amount agreed to between the parties pursuant to RCW Chapter 39.34, The Interlocal Cooperation Act. Further, under RCW 39.34.180, the City is responsible for the costs of prosecution, adjudication and sentencing, and incarceration of misdemeanor and gross misdemeanor offenses committed by adults within the City of Yakima and referred from the City's law enforcement agencies, whether filed under State law or City ordinance. The City may carry out this responsibility by entering into a contract with Yakima County under RCW Chapter 39.34, The Interlocal Cooperation Act. It is the purpose and intent of this Agreement to establish the District Court filing fee to be paid by the City to Yakima County for District Court services on criminal and traffic infraction cases filed by the City; and to pay for the costs of adjudication and sentencing of misdemeanor and gross misdemeanor offenses committed by adults within the City of Yakima and referred from the City's law enforcement agencies filed under State law. It is recognized that operation of the District Court in an efficient manner is beneficial to both parties. 2. Consideration/Filing Fee. The City shall pay a filing fee for District Court Services of Fifty-six and no/100 Dollars ($56.00) for each criminal or infraction case filed by the City of Yakima from January 1, 1997, until the termination of this Agreement. The City shall also pay a filing fee of Fifty-six Dollars ($56.00) for each criminal case filed by Yakima County after January 1, 1997, for misdemeanor and gross misdemeanor offenses committed by adults in the City's jurisdiction and referred from the City's law enforcement agency. Yakima County shall submit a monthly voucher to the City. Each Page 1 of 4 voucher shall include a complete list of each filing billed for the calendar month for which the voucher is submitted. The City shall pay the amount due within thirty (30) days of receipt of each voucher. The filing fee shall be recoverable by the City in each individual criminal and infraction case as a prevailing party, or as otherwise may be agreed by the City and the party defendant in individual criminal and infraction cases. 3. Term of Agreement. This Agreement shall be deemed effective as of January 1, 1997, and shall remain in full force and effect for each calendar year thereafter, unless sooner modified or terminated as provided for herein. 4. Modification. This Agreement may be modified as and when agreed between the parties in writing and in compliance with paragraph 10 hereof. 5. Termination. This Agreement may be terminated by either party by giving the other party written notice of termination. Such notice must be given 120 days prior to the effective date of termination. Should the parties be unable to reach agreement on a new filing fee agreement, the matter shall then be submitted to arbitration as provided for in RCW 39.34.180 (3). 6. Limitation of Agreement. It is understood between the parties that this Agreement affects only cases filed in Yakima County District Court on or after January 1, 1997. This Agreement is not intended to affect, and shall not be construed to affect, the current dispute between Yakima County and the City concerning cases filed prior to January 1, 1997. 7. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either party to any other person or entity without the prior written consent of the City and Yakima County. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of assignor as stated herein. 8. Non -Waiver. The failure of one party to this agreement to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right of said party under this Agreement. Page 2 of 4 Ik,.p/&.ti,.. ,pcn 9. Severability. If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 10. Integration. This written document constitutes the entire Agreement between the parties. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties. 11. Notices. Unless stated otherwise herein, all notices and demands shall be in writing and sent to the parties at their addresses as follows: To City: To County: John Hanson Director of Finance 129 North Second Street Yakima, WA 98901 Presiding Judge Yakima County District Court 128 North Second Street Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 12. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 13. Approval and Filing. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040. Page 3 of 4 CITY OF YAKIMA R.A. Zais, Jr., City Manager Attest this *esti tP\,1 M s ® a w c at— day of June, 19% ;in Aerk H f7 97__7 Resolution No. A- 97 -?1 tk,.8, ktftling/p '11iirs By William H. Flower - Chair Bettie Ingham - Member 1 day of June,1997. IMO ylvia Hinojosa lerk of the Board 124 Rod Fitch District Court Judge (Presiding) Jine, 13 1997. Theresa Doty Court Administrator June, / - 1997. Approved as to form: Page 4 of 4 Depu osecuting Attorney June 1997. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM TITLE: Resolution authorizing the City execute a District Court Filing County. Item No. For Meeting Of ' / 3/9 7 Manager and the City Clerk to Fee Agreement with Yakima SUBMITTED BY: Jeff West, City Prosecutor (575-6033) Paul McMurray, Asst. City Attorney CONTACT PERSON/TELEPHONE: Jeff West, City Prosecutor (575-6033) Paul McMurray, Asst. City Attorney (575-6030) SUMMARY EXPLANATION: For many years the City of Yakima filed most of its criminal misdemeanor and traffic infraction cases with the Yakima County District Court for adjudication and sentencing purposes. The District Court provided these services to the City pursuant to a filing fee agreement executed between Yakima County and the City. Under that agreement, the City paid the County an annual lump sum filing fee for all cases filed by the City for that year (i.e., $308,616 for 1995 cases). In late 1996, the established its own municipal court to handle almost all of the City's misdemeanor and traffic infraction cases. This development has resulted in dramatic reduction in the number of City cases filed with the Yakima County District Court. However, new cases that are based upon factual situations occurring prior to January 1, 1997 must be filed with the Yakima County District Court. The City Municipal Court has no legal jurisdiction over these cases. The number of these "new" cases is quite minimal. A new filing fee agreement is necessary to reflect these changed circumstances. Attached hereto for consideration and approval of the City Council is a resolution and new filing fee agreement that would establish a filing fee of $56.00 for each case filed by the City with the District Court after January 1, 1997. Resolution X Ordinance Funding Source Contract X Other(Specify) APPROVED FOR SUBMITTAL: ity Manager STAFF RECOMMENDATION: Adopt resolutions authorizing execution of District Court Filing Fee Agreement with Yakima County. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: (@pFmdt mlem &di m cau ipm