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HomeMy WebLinkAbout04-21-1997 Special Council Mtg Special City Council Meeting Minutes Monday, April 21, 1997 City Council Work Area Auburn City Hall Mayor Charles A. Booth called the meeting to order at 5:35 PM. Those in attendance included City Council Members Jeanne Barber, Rich Wagner, Gene Cerino, Trish Borden, Stacey Brothers, and Fred Poe. Staff members in attendance included City Attorney Michael J. Reynolds, Finance Director Diane Supler, Police Chief Dave Purdy, Assistant Personnel Director Dan Watts and City Clerk Robin Wohlhueter. Other guests in attendance included members of the press, judges, and interested citizens. I. Introduction Mayor Booth provided a brief overview of the purpose of the special City Council meeting this evening. The purpose of the meeting which was requested by the Council was to review municipal court operations, improvements and efficiencies achieved during the calendar year. Presentations will be made by Assistant Personnel Director Dan Watts and Finance Director Diane Supler. II. Municipal Court Update Dan Watts presented an overview of court operations related to judicial services, readiness hearings, domestic violence cases, video arraignment, preliminary felony bail hearings, court staff training, and overall improvements in court operations since the City made the change from an appointed Judge to a contractual relationship with Aukeen District Court Judges. Mr. Watts reported that the Auburn Municipal Court judicial services provided by King County District Court Judge Phillipson and Judge Cayce average 93.11 hours per month including hours worked by Pro Tem Judges as well. According to RCW 3.50.055 judicial services must be filled by election if it is a "full time" position or thirty-five or more hours per week of compensated time which equals 150.5 hours per month. Readiness hearings have eliminated last minute settlement cases after a jury has been convened, hearings are held before a trial date is scheduled, and a majority of cases are settled at readiness hearings, saving the City of Auburn overtime expense for police officers. Auburn implemented readiness hearings beginning in July of 1996. This represents a savings of $16,233.03 in overtime for police officers who were excused from testimony, $1,155 for jury expense, and $3,354 in judicial expenses. Special City Council Meeting Minutes April 21, 1997 In response to a question raised by Councilmember Borden regarding readiness hearings, Judge Phillipson explained that very few people want to go to trial. What he found was that many cases were set for trial, the jury was seated, and witness did not appear. Readiness hearings are held before a trial date is set. Witness, attorneys, and prosecutors are required to be present, If witness do not show up, no trial date is scheduled. Many cases are settled at the readiness hearing, Judge Phillipson reported since the implementation of readiness hearings there have been only one or two jury trials in the last five months. This resulted in a savings for police overtime, jury costs, and judicial expenses. Councilmember Brothers questioned whether or not readiness hearings are common practice in other municipal courts, and why the first six months of 1996 were excluded from the report. Judge Phillipson responded readiness hearings are common practice in district courts, and readiness hearings were implemented in July once they had an opportunity to review the Auburn Municipal Court adminstration and operation. Dan Watts directed attention to "Fast Track", a program designed to to resolve cases quickly. It was determined domestic violence be placed on "Fast Track". The defendent is immediately assigned defense counsel and the hearing is set approximately one week later, witnesses are more likley to testify and not be intimidated, easier administration of No Contact Orders for court staff, police and crime victims. "Fast Track" reduces future court time and judicial expenses. It was noted that many defendants plead guilty at the next court appearance. Judge Phillipson indicated there is a significant savings in police officer time spent in cases that tend to drag out over time and serving supoena. Clerical and defense attorney savings are difficult to quantify but with "Fast Track" the number of hearings have been reduced by over half. Mr. Watts further discussed the cost savings video arraignments have provided. The City has the ability to do arraignments on a closed circuit TV system thereby eliminating the need to move prisoners outside the jail complex to the court room. This procedure saves 45-60 minutes of court staff time per day. Mr. Watts pointed out there was a significant savings in purchasing the video equipment for $8,000 originally budgeted for $26,000. Councilmember Brothers raised a question with regard to the length of time it took to implement this system. Mr. Watts reported they shopped around and looked at various equipment options and found a less expensive system that had most of the features the City wanted for a lot less money. Mr. Watts added the time spent researching other equipment was worth the time spent, Page No. 2 Special City Council Meeting Minutes April 21, 1997 As a District Court Judge contracted by the City of Auburn for judicial services, Judge Phillipson is able to convene District Court in the Auburn's Municipal Court room for preliminary felony bail hearings normally held at Aukeen District Court. This eliminates transportation services normally provided by Auburn Police detectives resulting in a savings of up to $1,053.00 per week or nine paid hours. A District Court Judge is required by state statute to conduct preliminary felony bail hearings the next judicial day after person is arrested. In Auburn, there are several Judge Pro Tern positions that are filled by Aukeen District Court Judges making it easy to convene these hearings in the absence of an Auburn Municipal Court Judge. Additionally, when a municipality has arrested a person charged with a felony, the prisoner is held for 72 hours and transferred to King County who will prosecute the case. Mr. Watts discussed other advantages of the City's contractural relationship with Aukeen District Court Judges. The Auburn Municipal Court staff have been able to participate in training events conducted for King County District Court staff. With these changes, operations of the Auburn Municipal Court promote more efficiency. Supporting the change in judicial philosophy there is one less day of court, courtroom hearings and additional reduction in judicial hours, staff efficiency and training, and moving the cases expeditiously. Administration of the court and efficiencies of the court staff are implemented by the Judge. There are plans to expand DISCIS to the court lobby area to provide access to public records reducing demands upon court staff. Councilmember Brothers referred to Ordinance No. 4809, based upon the number of hours the Municipal Court Judge is working, 93.11 hours per month, what is the City's actually paying and is the City paying for a prorata share of a district court judge or paying on the basis of what other cities are paying municipal court judge. Diane Supler responded that last year the City paid $51,000 for approximately 93 hours per month. The previous Judge was paid for 83.3 hours per month including wages and benefits for a total of $61,000. A question was raised by Councilmember Borden related to the management of work flow and distribution of the Auburn Municipal Court. Mr. Watts responded that work flow, forms, and handling customers are managed by the Judge. When it comes issues of salaries, benefits and labor related issues management falls back to the City. Mayor Booth added that the budget is set on an annual basis to operate within given program. Discussion centered around the salary, administration, relationship and the responsibility of a Municipal Court Judge and the City. Judge Phillipson acknowledged that a good working relationship is essential to the efficient Page No. 3 Special City Council Meeting Minutes April 21, 1997 management of court responsibilities. Because the Court is an independent branch of government the relationship between the City and the Judge is an accommodation issue. As an elected Judge the salary is set annually. The City of Auburn agreed to pay a prorata share of the salary which is based on a judicial day of work. A judicial day of work is equivalent to six court room hours. Court operations in 1993 reflect an average of 93.11 hours per month. Looking at current year, court operations reflect fewer hours. A full time District Court Judge would be paid at a prorata share of the salary up to $120,000 including benefits. Mayor Booth pointed out that the Municipal Court Judge salary is set by the Council. Judge Phillipson concluded that a full time Judge will not be needed in Auburn in the near future. There are few elected Judges outside the City of Seattle who are all full time. Ms. Supler presented a list of Washington cities who contract with King County for court services and probation services and who appoint and elect judges. The only city that will be electing a judge is Renton, and Seattle. Ms. Supler indicated forecasting financial information for the Municipal Court is difficult measure because of the many variables that go into the management and supervision of a court. The City of Auburn Court Revenues and Expenditures from 1993 to 1996 for cases processed was reviewed. The report reflects a steady increase in revenue (collected) in the areas of traffic infractions, DWI, criminal traffic, criminal non-traffic, and public defender. Ms. Supler summarized court expenditures from 1993 to 1996. She pointed out a reduction in salaries and benefits in 1996 were reallocated to professional services when the City decided to contract for judicial services. At the same time, the court added an additional court clerk position reflected in salaries and benefits. Under professional services $51,000 is allocated for contractural judicial services and $55,000 for probation services. Councilmember Poe pointed out that the City does not receive income on a $1.2 million building. Adminstrative services for both Personnel and Finance are not directly charged to the court. It was noted that the building also houses the Police Department. Ms. Supler answered questions raised by members of the City Council with regard to the detail within each expenditure category. Probation services are reflected within professional services which reflects a substantial increase in 1996. Judge Phillipson discussed how probation servcies are administered. Page No. 4 Special City Council Meeting Minutes April 21, 1997 These services are used extensively because the costs are recoverable. In addition to judicial services and probation services public defender services were also added to professional services in 1996. Judge Phillipson responded to a concern raised with regard to the Judge's compensation. He explained that when he and Judge Cayce first came to the City of Auburn Municipal Court the number of actual judicial hours were similar to those of the previous appointed judge. After a couple of months court processes, procedures and philosophy were changed substantially reducing the required number of judicial hours. Case loads are handled half time for Auburn and half time for King County. Ms. Supler explained additional costs are incurred when Auburn Police Officer is required to travel to Aukeen District Court to obtain a search warrant. According to the court operational report, the King County Prosecutor's Office prefers that search warrants be signed by a District Court Judge. Duncan Bonjorni, Auburn previous appointed Judge disagreed. As the previous appointed Municipal Court Judge, he routinely signed search warrants. It was clarified that municipal Judge can sign search warrants only for locations within the city. If the location is outside the city then the warrant must be signed by a District Court Judge. Ms. Supler discussed other efficiencies that include how pretrials are going to be held, They will be consolidated into certain days. Readiness hearing have reduced the number of trials for a savings of $3,300, The Council asked to obtain further information with regard to salary information for Judge and Judge Pro Tem from other jurisdictions, and an analysis of what other cities pay a municipal court judge. III. Adjournment The meeting adjourned at 6:40 PM. Approved on this (~':~"day of ~ ,1997. Charles A. Booth, Mayor Robin Wohlhueter, City Clerk Page No. 5