HomeMy WebLinkAbout09/19/2000 Adjourned Meeting 1 449
CITY OF YAKIMA, WASHINGTON
SEPTEMBER 19, 2000
ADJOURNED MEETING /MUNICIPAL COURT
I// The City Council met in session on this date at 7:30 a.m., in the
2nd Floor Training Room, at the Police Station /Legal Center, 200
South 3rd Street, Yakima, Washington. Mayor Mary Place, presiding,
Council Members Clarence Barnett, Henry Beauchamp Lynn Buchanan,
Larry Mattson, and John Puccinelli, were present. Council Member
Bernard Sims was absent and excused. Glenn Rice, Assistant City
Manager; Ray Paolella, City Attorney; Marketa George Oliver,
Administrative Assistant to the City Manager; Jeff West, City
Prosecutor; Rita Anson, Director of Finance and Budget; Cindy
Epperson, Accounting Manager; Tim Jensen, Accountant; Don Blesio,
Police Chief; Jonathan Martin, Judge; Susan Woodard, Court
Commissioner; Linda Morris, Municipal Court Services Manager; and
Colby Way, Probation Services Manager; were present. Also present
were Sheila Burns and Susan Hurd from Yakima County Collection
Service (YCCS).
Mayor Place called the meeting to order at 7:30 a.m.
Municipal Court Issues
Don Blesio, Police Chief, spoke about the discretion a police
officer has in dealing with non - moving violations; often a warning
is sufficient and appropriate. However, some non - moving violations
are more serious and the officer is required to issue a citation,
i.e. no proof of insurance. If the individual can later show proof
of insurance to the court, the citation is dismissed after a $25
administrative fee is paid and does not go on an individual's
driving record.
Linda Morris, Court Services Manager, said after an infraction is
issued, a person has 15 days to respond. The person can admit the
infraction and pay it in full; request payment arrangements; request
a contested hearing; or request a mitigated hearing. She said the
mitigated and contested hearings are similar. A mitigated hearing
is for a person who admits to committing the infraction, but would
like to explain some extenuating circumstances that may.reduce the
penalty. A contested hearing is for someone who is denying that he
committed the infraction. Mrs. Morris also clarified that after 15
calendar days, an infraction becomes delinquent if a person has not
responded. An FTA (Failure to Appear) or FTR (Failure to Respond)
is filed. The Court accepts payment in the form of cash, check,
money order, visa or master card.
Discussion ensued about the notification procedure to the Department
of Licensing (DOL) and non - payment or non - responses of citations
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SEPTEMBER 19, 2000 - ADJOURNED MEETING
(FTA /FTR). Jeff West, City Prosecutor, said an FTA is issued and
then DOL is supposed to give the person 30 days notice that the
individual's license is going to be suspended. Sometimes that does
not happen. Council Member Beauchamp asked if the City is on the
same computer network as DOL. Mr. West said that the City's
computer actually notifies DOL and the network works well. He
further explained that parking infractions will not suspend a
person's privilege to drive, but the registration on the vehicle
cannot be renewed with outstanding parking infractions.
Council Member Beauchamp was concerned that the ability to make time
payment arrangements is not printed on the back of the ticket, so
some people may not know that is an option available to them.
Mrs. Morris suggested that the next time the City has infractions
printed, maybe that information could be added. However, Mr. West
stated that state law sets the information contained on the back of
the citations. Ms. Anson said that staff is developing an
informational pamphlet, printed both in English and. Spanish, that a
police officer could distribute to someone receiving a citation.
Council Member Sims said that 40% of people move within two years
and notification is a major problem. Mayor Place spoke about he
difficulty in contacting DOL about a change of address. Council
Member Sims asked how many citations are issued to people who are
not at the addresses listed on their driver's license. Chief Blesio
clarified that one of the questions an officer asks is if the
address is current. If it is different, the officer will indicate
what the new address is on the citation. Mrs. Woodard said that
helps the court when sending notices. If someone does not respond,
the court checks to see if the notice was sent to the address that
the driver provided before an FTA is issued. Mr. West noted that
there is a box on the citation form that officers check if it is new
address. Internally, the City takes every step to notify the person
at the correct address. The problem occurs in the DOL notification
procedure.
Council Member Puccinelli asked what an officer does when a person
does not'have a driver license. Chief Blesio explained that the
officer will ask for another piece of identification, but basically,
takes the person's name, social security number, and birth date.
Mrs. Woodard said that giving a false or incorrect name to a police
officer is an offense that is dealt with harshly.
Mrs. Anson said that staff had been developing an Infraction
Citation Information sheet and it would likely be printed in English
on one side and Spanish on the other. It could be available for an
officer to give to the violator. Judge Martin advised that they
inform people that time payment arrangements are available. Council
Member Puccinelli suggested putting the payment option information
under the first heading. There was discussion about what additional
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SEPTEMBER 19, 2000 - ADJOURNED MEETING
information should be included. Mrs. Anson said adjustments would
be made to it and it would come back to Council.
Mayor Place asked if it was possible to get more money back from the
state for the infractions /citations that are written in Yakima.
Mr. West said unfortunately, the City does all the work and the
state gets two- thirds of the money. Tim Jensen, Accountant, and
Cindy Epperson, Accounting Manager, said it went into the General
Fund.
Mayor Place asked about an amnesty program. Mr. West said an
amnesty program was a silent issue in the collection agreement the
City has with Yakima County Collection Service. When the City
assigns a citation or a debt to the collection agency, the City does
not have a legal right to recall that. The practical answer is, the
collection fees and interest would have to be negotiated with the
agency. Once the City pulls something out of collection and
dismisses it or lets the person have time payment, if the matter has
been paid or is no longer delinquent, the person's DOL record can be
cleared. Council Member Sims said that with the failure rate of
collections, adding a cost is not the solution. Council Member
Beauchamp said the collection agency is burying people into a
predicament in which they can never get out. He told of an instance
wherein an individual started with one infraction and is now up to
$6,000 in debt and filed bankruptcy to get rid of•it. Mr. West said
the .fines themselves are not discharged in bankruptcy court.
Council Member Beauchamp said that the City needs to come up with
something different. If you look at the performance rate of
collection, the majority of it is outstanding. Mr. Jensen said when
a collection agency receives an,account from us, they add one -third
to pay for their expenses and charge 12% interest on unpaid
balances. They split any amount collected evenly with City. The
City must then split that amount evenly with the state. Council
Member Puccinelli pointed out the collection agency only gets to
collect that fee when they collect money, which does not happen
often. Mr. West said under statutory authority, an agency can
charge 100% up to the first $100,000, but they are charging one -
third by agreement with the City. That fee is set by negotiation
with the agency and the interest rate is set by state law at 12% per
year.
Council Member Sims asked what percent of citations are sent to
collection and Mr. Jensen estimated one - third. Council Member Sims
said our court system has been built on the backs of poor people who
could not afford it. He questioned whether Council should go back
and look at the premise and decide if they are doing the right thing
with criminal justice.
Council Member Buchanan asked what the number of unserved warrants
is since at one time it numbered something like 10,000. Mr. West
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SEPTEMBER 19, 2000 - ADJOURNED MEETING
said that since that time, staff has taken steps to address that
problem. At that time, there were some warrants that were so
ancient they would never be served. When this was done in District
Court, one -third to one -half of the docket did not show up. That
has been cut down to 10% in Municipal Court. He thinks that with
Municipal Court and the Police Department, the City has done a good
job of bringing that situation under control.
Council Member Sims said he would like to have the original study
brought back to Council so they can compare it with what is actually
happening. Mr. Jensen said in terms of case numbers, the City is
way ahead of what was projected.
Mr. West said the majority of incarceration is Driving while Under
the Influence and domestic violence. Day detention is used for
people driving without licenses. Judge Martin said that the City
does a - lot of alternative programs such as day detention and that
has been very effective. Electronic home monitoring has also been
very successful. Recently, staff has begun a program through
Probation Services in which a staff member is giving classes to
members of the Hispanic population on what is expected of people in
this country.
Mayor Place said, by consensus of the Council, this study session
would be continued to a later date, and adjourned the meeting at
9:00 a.m. to 11:30 a.m. in the 2nd Floor Training Room, at the
Police Station /Legal Center, to meet with the Downtown Area
Redevelopment Committee.
READ AND CERTIFIED ACCURATE BY: ..?/% / /
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O CIL EMBE' DATE
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O' CIL MEMBER DATE
ATTEST:
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City Clerk Mary Place, Mayor
Minutes prepared by Marketa George Oliver. An audio of this meeting is available
in the City Clerk's Office
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