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
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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:
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