HomeMy WebLinkAbout01/16/2001 Adjourned Meeting / Study Session '/ V
CITY OF YAKIMA, WASHINGTON
ADJOURNED MEETING /STUDY SESSION
OF THE CITY COUNCIL
JANUARY 16, 2001 - 7:30 A.M.
POLICE STATION /LEGAL CENTER - 200 SOUTH 3 STREET
1. ROLL CALL
Present:
Council: Mayor Mary Place, presiding, Council Members Clarence Barnett,
Henry Beauchamp (present after 7:47 a.m.), Lynn Buchanan, Larry
Mattson (absent after 8:25 a.m.), John Puccinelli, and Bernard Sims
Staff: Dick Zais, City Manager; Glenn Rice, Assistant City Manager; Judge
Jonathan Martin; Susan Woodard, Court Commissioner; Linda
Morris, Court Services Manager; Colby Way, Probation Services
Manager; Rita Anson, Director of Finance and Budget; Cindy
Epperson, Accounting Manager; Tim Jensen, Accountant; Don
Blesio, Police Chief; Doug Bronson, Police Captain; Bert
Tabayoyon, Customer Services Manager; Jeff West, Assistant City
Attorney (present after 8:30 a.m.); and City Clerk Roberts
Also: Sheila Burns and Susan Huerd from YCCS
2. MUNICIPAL COURT OPERATIONS
• Rita Anson Reviews Finance Charts Provided in the Council Packet
Rita Anson, Director of Finance and Budget, explained the information in the
1997 through 2000 Financial Comparison chart on the Municipal Court provided
as part of the agenda packet. The chart provides forecast and actual budget
information and indicates the workload is very heavy. She stated that there are
some accounts owed that will never be collected. Although none of the accounts
considered uncollectable, so far, have been written off, staff is considering that
action. The debt can be written off the books, but it would not take it off their
record and it could still be collected. Sheila Burns interjected that these are
judgments and so after ten years, it would be written off. Susan Huerd reported
that the crime still stays on that individual's record. Council Member Sims
inquired if the $1.1 million deficit would be paid out of the City's General Fund.
City Manager Zais replied that this is revenue from the court and traffic fines.
Under Senate Bill 6211 the cities were faced with having to pay for adult gross
misdemeanor cases in their jurisdictions and the high expense to do so initiated
the reinstatement of our municipal court. The cell phone tax (now at about
$900,000 in receipts) was created to help make up that shortfall. (Council Member
Beauchamp present at 7:47 a.m.)
Ms. Anson next reviewed the chart on legal requirements and restrictions
regarding infraction fees, fines and assessments. State law sets the fines for
infractions and the Washington State Supreme Court sets the fines for criminal
offenses. Council Member Beauchamp initiated a discussion regarding the
JANUARY 16, 2001 = ADJOURNED MEETING
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prisoner board and room assessment that can be waived at the Court's
discretion. He was advised that there is a cap on the amount for Tong -term
sentences; the individual can make time payments; and Chapter 13 will not pay
off these fines. Council Member Beauchamp expressed concern about these
fines being insurmountable for some people. Judge Martin acknowledged that
problem and reported that some counties in the state are addressing that issue
through community programs, Spokane County in particular. These programs are
expensive and involve the support of the community to assist with skills building
and employment opportunities.
Discussion progressed to the next chart, Infraction Citation — Examples and
Criminal Citation - Examples. The flow chart follows the citation from the original
fine through the collections procedure, explaining how an original fine of $71 for
speeding could end up costing $198.24; a $480 fine for no insurance could cost
$885.36; a $500 fine for domestic violence assault could cost $2,272.03; and a
$480 fine for driving while suspended could cost $1,246.56. Ms. Anson stated
that citizens could avoid the failure -to- appear assessment and collection process
if they would contact the court to make arrangements to pay the original fine. In
response to a previous discussion with Council, staff is recommending a
pamphlet be provided to the citizen when they are issued a citation that would
explain their options to go to court and include information on payment options.
Susan Woodard commented that 60% of the citations are for driving without a
license and Tim Jensen interjected that 90% of the court's uncollectables is for
people not paying for those citations. Susan Huerd added that there is a group in
Yakima looking at how people can get their driver's license back. The next
meeting is at 1:30 p.m. on February 1 at the People for People building. Council
Member Sims concluded that there are citizens with multiple offenses causing
• most of the uncollectables and perhaps those are the citizens that we should
target to educate. Captain Bronson agreed and stated that is the goal of the
restorative programs that are being studied. He stated they looked at the vehicle
seizure program, but without the other programs in place to help the citizens,
they did not feel it would be right to seize vehicles. (Council Member Mattson absent
after 8:25 a.m.) Mayor Place asked if the Court has an automated phone system to
remind someone that his or her fine is due. Linda Morris reported that the clerks
call the citizen after they fail to appear at court. Council Member Sims urged staff
to get more information on the automated calling system. Ms. Anson responded
that staff will obtain that information but reminded Council that a data base would
have to be created and maintained by staff; a time consuming effort.
• Delinquent Accounts Collection Program for Municipal Court is
Considered
Council Member Sims asked staff to research the possibility of obtaining the
twenty -five percent the state gets from the interest charges. City Manager Zais
stated staff will explore that idea although attempts in the past to do that were
rebuffed by the state legislature. Captain Bronson advised that part of the fine for
criminal citations pays for police officer training at the academy.
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JANUARY 16, 2001 — ADJOURNED MEETING
• Proposed Communications Pamphlets Are Discussed
Ms. Anson stated the pamphlets are drafts for Council to review. The pamphlets
would be three -fold, written in English on one side and Spanish on the other.
Mayor Place commented that the reading level is too high for most citizens.
Captain Bronson agreed and stated there should be more pictures. He would
also suggest that information be included that the City does not set the amount of
the fines. Council Member Sims requested that the police officers be given an
opportunity to review these pamphlets before a final decision is made. Rita
Anson recommended that the second pamphlet regarding criminal citations not
be considered.
• Council Discusses Upgrading Commissioner Position to Judge
Judge Martin stated the time has come to elevate the Court Commissioner
position to a full -time judge position. Too many attorneys are shopping for the
right judge to hear their cases, which happens when there are too many judge
pro -tems hearing cases. Reviewing the financing, it was noted that the
Commissioner pay range is at the same level of judge, but the position is part -
time. The 2001 budget accommodates the second full -time judge position. City
Manager Zais stated that an ordinance would be required to accomplish this
change and suggested that Council could take action at the Council meeting this
afternoon to initiate this process.
• Staff Discusses Inmate Medical Billings with Council
Rita Anson stated that billing inmates for their medical expenses was initiated in
mid -1999. We are not really recouping our costs. For accounts totaling $151,000,
$149,000 is with YCCS for collection so it is costing more for staff to try to collect
on those bills. (Rita Anson absent after 9:00 a.m.) Council was advised that staff
attempts to keep medical costs at a minimum by utilizing contracted medical
services during the day and checking people out of jail who have obvious
medical problems.
• Council Considers Staff's Recommendations
The staff recommended the following action:
Infractions / Citations
1) Reduce minimum monthly payment under time payment plan from $50 to $25
Mayor Place: This is a decision of the Municipal Court
2) Establish Form Letter to request a "Show Cause" hearing regarding a failure -
to- appear assessment; make available at Court Clerk's office
Linda Morris: This has not been done nor has direction been given to do this
3) Select accounts for collection after 30 days delinquent (currently 45 -60 days).
The 30 day "Notice of Collection" letter would be mailed at this time; if no
response, account sent to collections when 60 (currently 75 -90) days
delinquent.
Council Member Beauchamp: Likes this idea
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JANUARY 16, 2001 — ADJOURNED MEETING
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4) Charge Public Defender Costs more routinely, when applicable
Jeff West: This is at the discretion of the Court; no Council action needed
5) Send Non - sufficient funds checks to Collections immediately .
Tim Jensen: This may help collect more money because the referral to the
collection agency is sooner and the information provided to them would be
fresher.
Communications Pamphlet
1) Approve Infraction Flyer
Mayor Place: Staff will continue working on the infraction flyer, including
review by police officers
Beauchamp: Suggested a video be aired on the City's YPAC about .
appearances in court and what happens when you fail to appear or write a
non - sufficient funds check
2) Do Not Approve Criminal Flyer
Mayor Place: We will not do the criminal flyer
Commissioner Position •
Direct staff to prepare ordinance to upgrade Commissioner position to Judge
City Manager Zais: A motion would be needed to direct staff to initiate this
process. It was the general consensus to have staff bring this to the Council
meeting as an off - agenda item. .
Billing of Inmate Medical Costs .
Cease billing inmates for medical costs effective 01/01/01
Council: General consensus to bring this to Council this afternoon as an off -
agenda item.
3. ADJOURNMENT
The meeting adjourned at 9:15 a.m.
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CITY CLERK MARY PLACE, MAYOR
Minutes prepared by Karen Roberts. An audio tape of this meeting is available in the City Clerk's Office
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