Loading...
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 79 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. 2 80 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 3 8 1, JANUARY 16, 2001 — ADJOURNED MEETING • 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. // <, READ AND CERTIFIED ACCURATE BY: ,/ _ , p - 4 i// -/1� ( tUNCIL M' p BE' /DATE t�'�� E , 1VWVIR if -17- b 1 OUNCIL EMBER DATE ATTEST: Glh / : t CITY CLERK MARY PLACE, MAYOR Minutes prepared by Karen Roberts. An audio tape of this meeting is available in the City Clerk's Office 4