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HomeMy WebLinkAboutResolution 48-24RECORD OF RESOLUTIONS BARRETT BROTHERS - DAYTON, OHIO Form 6301 Resolution No.__48-24 Passed , APPROVING THE MAYOR’S APPOINTMENT OF MAGISTRATES FOR DUBLIN MAYOR’S COURT AND AUTHORIZING THE EXECUTION OF CONTRACTS FOR MAGISTRATE SERVICES WHEREAS, the jurisdiction is conferred to the Mayors of municipal corporations to hear cases involving violations of local ordinances and certain types of traffic violations; and WHEREAS, under Section 3.04(a)(4) of the Dublin Revised Charter, the Mayor is authorized to appoint magistrates, with the approval of City Council; and WHEREAS, in 2010, the City first approved a Request for Proposals (RFP) process for the selection of primary and secondary/backup Magistrates for Dublin Mayor's Court; and WHEREAS, in 2014, the Mayor appointed Joel R. Campbell as the Magistrate and Sean H. Maxfield as the secondary/backup Magistrate for Dublin Mayor's Court; and WHEREAS, in 2024, the City will again conduct an RFP process for the selection of primary and secondary/backup Magistrates for Dublin Mayor's Court; and WHEREAS, in the meantime, it is necessary to appoint additional secondary/backup Magistrates to cover due to scheduling availability and other reasons; and WHEREAS, City Council desires that the attached agreements be executed with Joshua E. Hall and Honorable Retired Judge Scott VanDerKarr. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, State of Ohio, L of the elected members concurring that: Section 1. The Mayor's appointments of Joshua E. Hall and Honorable Retired Judge Scott VanDerKarr as secondary/backup Magistrates for Dublin Mayor's Court are hereby approved. Section 2. The City Manager is hereby authorized to execute agreements with Joshua E. Hall and Honorable Retired Judge Scott VanDerKarr, in the same or substantially the same form as attached hereto. Section 3. This resolution shall be effective immediately upon passage as provided under Section 4.04 (a) of the Revised Dublin Charter. day of ~ Lp Hea bour , 2024. Vice Mayor - Presiding Officer PT ape bd Clev# of Compal Passed this To: Members of Dublin City Council From: Megan D. O’Callaghan, City Manager Date: September 3, 2024 Initiated By: Craig A. Stevens, CCM, Court Administrator Kendel L. Blake, Assistant to the City Manager Re: Resolution 48-24 - A Resolution Approving the Mayor’s Appointment of Magistrates for Dublin Mayor’s Court and Authorizing the Execution of Contracts for Magistrate Services. Summary Resolution 48-24, authorizing the City Manager to enter into contracts for additional secondary/backup magistrates for Dublin Mayor’s Court, is attached for your consideration. In 2010, the City first conducted a competitive Request for Proposals (RFP) process to select a primary and secondary/backup magistrate for Dublin Mayor's Court. At that time, Joel R. Campbell was selected as the primary Magistrate and Greg Peterson and Kellen Roth were chosen as secondary/backup magistrates for Dublin Mayor's Court. In 2014, the Mayor appointed Joel R. Campbell as the primary magistrate and Sean H. Maxfield as the secondary/backup magistrate for Dublin Mayor's Court. This year, the City will conduct a competitive RFP process to select primary and secondary/backup magistrates for Dublin Mayor's Court. In the interim, we need to appoint additional secondary/backup magistrates to cover due to scheduling availability and other reasons. Staff recommends the appointments of Honorable Retired Judge Scott VanDerKarr and Joshua E. Hall, who meet the requirements to serve as magistrates. Judge VanDerKarr served Franklin County as an Assistant Prosecuting Attorney and as a Franklin County Municipal Court Judge for 20 years. He is most recognized for working with drug/alcohol- addicted defendants and founding Drug Courts in Ohio. Since retiring, Judge VanDerKarr continues to serve as a magistrate in the Upper Arlington Mayor’s Court, where he also oversees a Recovery Court program. Joshua Hall began the practice of law in 2003. Joshua has represented thousands of clients throughout Central Ohio involving various felony and misdemeanor matters. Joshua has acted as special prosecutor for the Licking County Municipal Court and the Obetz Mayor’s Court. Joshua is a certified Mayor’s Court magistrate and is the current backup magistrate for the New Albany and Gahanna Mayor’s Courts. Joshua has also acted as the backup magistrate in the Bexley Mayor’s Court. Office of the City Manager 5555 Perimeter Dr. • Dublin, OH 43017-1090 Phone: 614-410-4400 • Fax: 614-410-4490 Memo Memo to Council re. Resolution 48-24 Magistrate Services September 3, 2024 Page 2 of 2 Recommendation Staff recommends that Council approve Resolution 48-24 approving the Mayor’s appointment of magistrates for Dublin Mayor’s Court and authorizing the execution of contracts for magistrate services. AGREEMENT FOR MAGISTRATE SERVICES This Agreement for Magistrate Services (“Agreement”) is entered into by and between the City of Dublin, Ohio (“City”) and Joshua E. Hall (“Mr. Hall”) for his services as Magistrate for the City. The City and Mr. Hall may be referred to individually as a “Party” or together as the “Parties.” Section 1. Appointment and Duties. Mr. Hall has been appointed by the Mayor of the City of Dublin, with the approval of the Dublin City Council, to serve as a magistrate. Mr. Hall shall hear and determine prosecution and criminal cases in Dublin Mayor’s Court that are within the jurisdiction of the Mayor’s Court, as established by Ohio law and subject to the laws of the State of Ohio. Dublin Mayor’s Court is typically held every Tuesday of the month. Dublin Mayor’s Court also has special hearings, such as prisoner arraignment hearings, as justice requires. Mr. Hall will hear cases on these dates when called upon to do so. Section 2. Qualified. Mr. Hall represents that he is qualified to serve as a Mayor’s Court magistrate as required and provided by Ohio Law and will remain qualified throughout the term of this Agreement. Section 3. Term. The term of this Agreement shall commence effective September ____, 2024, and shall terminate exactly two years after its commencement (“Term”) unless either Party terminates for any reason. The Term may be renewed for an additional two years upon agreement by the Parties. In the event this Agreement is terminated, the fee due to Mr. Hall shall be paid for any work actually performed by him to the point of termination. Section 4. Fee. Mr. Hall shall be paid a fee of $500.00 per Mayor’s Court session for each regularly scheduled Dublin Mayor’s Court session over which he is called upon to preside. He shall be paid a fee in the amount of $150.00 for each special Mayor’s Court hearing, such as prisoner arraignment hearings, over which he is called upon to preside. Section 5. Independent Contractor. Mr. Hall shall be, for all purposes hereunder, an independent contractor and, as such, will receive no employment benefits. Mr. Hall shall be responsible to pay all personal taxes and health insurance premiums and comply with all local, state, and federal filing and reporting requirements, including without limitation, compliance with the Income Tax Code of the City. The City will furnish the required documentation to evidence the payments made by the City for Services under this Agreement. Section 6. Assignment. The rights and obligations of Mr. Hall under this Agreement are personal and may not be assigned or transferred to any other person, firm, or corporation without the prior, express written consent of the City, which consent may be withheld for any reason. Section 7. Miscellaneous. This Agreement contains the entire agreement between the Parties hereto and shall not be modified, amended, or supplemented or any rights herein waived, unless specifically agreed upon in writing by the Parties hereto. This Agreement supersedes any and all previous agreements, whether written or oral, between the Parties. Section 8. Notices. All notices, consents, and communications hereunder shall be given in writing, and shall be deemed to be given upon receipt thereof. If sent by mail, notices shall be sent registered or certified, return receipt requested, to the addresses provided herein. Section 9. Termination. Either Party may terminate this Agreement at any time and for any reason. Section 10. Conflict of Interest. The Parties recognize and agree that Mr. Hall’s services as magistrate shall prevent him from representing any party in any litigation involving the City, including acting as an attorney in applications and appeals before the various City Boards and Commissions and City Council. Section 11. Severability. Any provision determined to be void or unenforceable in whole or in part shall not be deemed to affect or impair the validity of any other provision hereof and the provisions hereof are declared to be separate and distinct. Section 12. Governing Law. Any controversy or claim, whether based upon contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, whether between the Parties, or of any of the Parties' employees, agents or affiliated businesses, will be resolved under the laws of the State of Ohio, in any court of competent jurisdiction in Franklin County, Ohio. Section 13. Entire Agreement. This Agreement constitutes the entire understanding of the Parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the Parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the Parties hereto. The Parties hereto have made and executed this Agreement as of the day and year first written above. [Signatures on following page] Appointed Magistrate City of Dublin, Ohio ______________________________ ______________________________ Name: Joshua E. Hall Megan O’Callaghan, City Manager _____________________________ 5555 Perimeter Drive _____________________________ Dublin, Ohio 43017 Approved as to Form: ______________________________ Law Director CERTIFICATE OF FUNDS AGREEMENT FOR MAGISTRATE SERVICES This Agreement for Magistrate Services (“Agreement”) is entered into by and between the City of Dublin, Ohio (“City”) and Honorable Retired Judge Scott VanDerkarr (“Judge VanDerkarr”) for his services as Magistrate for the City. The City and Judge VanDerkarr may be referred to individually as a “Party” or together as the “Parties.” Section 1. Appointment and Duties. Judge VanDerkarr has been appointed by the Mayor of the City of Dublin, with the approval of the Dublin City Council, to serve as a magistrate. Judge VanDerkarr shall hear and determine prosecution and criminal cases in Dublin Mayor’s Court that are within the jurisdiction of the Mayor’s Court, as established by Ohio law and subject to the laws of the State of Ohio. Dublin Mayor’s Court is typically held every Tuesday of the month. Dublin Mayor’s Court also has special hearings, such as prisoner arraignment hearings, as justice requires. Judge VanDerkarr will hear cases on these dates when called upon to do so. Section 2. Qualified. Judge VanDerkarr represents that he is qualified to serve as a Mayor’s Court magistrate as required and provided by Ohio Law and will remain qualified throughout the term of this Agreement. Section 3. Term. The term of this Agreement shall commence effective September ____, 2024, and shall terminate exactly two years after its commencement (“Term”) unless either Party terminates for any reason. The Term may be renewed for an additional two years upon agreement by the Parties. In the event this Agreement is terminated, the fee due to Judge VanDerkarr shall be paid for any work actually performed by him to the point of termination. Section 4. Fee. Judge VanDerkarr shall be paid a fee of $500.00 per Mayor’s Court session for each regularly scheduled Dublin Mayor’s Court session over which he is called upon to preside. He shall be paid a fee in the amount of $150.00 for each special Mayor’s Court hearing, such as prisoner arraignment hearings, over which he is called upon to preside. Section 5. Independent Contractor. Judge VanDerkarr shall be, for all purposes hereunder, an independent contractor and, as such, will receive no employment benefits. Judge VanDerkarr shall be responsible to pay all personal taxes and health insurance premiums and comply with all local, state, and federal filing and reporting requirements, including without limitation, compliance with the Income Tax Code of the City. The City will furnish the required documentation to evidence the payments made by the City for Services under this Agreement. Section 6. Assignment. The rights and obligations of Judge VanDerkarr under this Agreement are personal and may not be assigned or transferred to any other person, firm, or corporation without the prior, express written consent of the City, which consent may be withheld for any reason. Section 7. Miscellaneous. This Agreement contains the entire agreement between the Parties hereto and shall not be modified, amended, or supplemented or any rights herein waived, unless specifically agreed upon in writing by the Parties hereto. This Agreement supersedes any and all previous agreements, whether written or oral, between the Parties. Section 8. Notices. All notices, consents, and communications hereunder shall be given in writing, and shall be deemed to be given upon receipt thereof. If sent by mail, notices shall be sent registered or certified, return receipt requested, to the addresses provided herein. Section 9. Termination. Either Party may terminate this Agreement at any time and for any reason. Section 10. Conflict of Interest. The Parties recognize and agree that Judge VanDerkarr’s services as magistrate shall prevent him from representing any party in any litigation involving the City, including acting as an attorney in applications and appeals before the various City Boards and Commissions and City Council. Section 11. Severability. Any provision determined to be void or unenforceable in whole or in part shall not be deemed to affect or impair the validity of any other provision hereof and the provisions hereof are declared to be separate and distinct. Section 12. Governing Law. Any controversy or claim, whether based upon contract, statute, tort, fraud, misrepresentation or other legal theory, related directly or indirectly to this Agreement, whether between the Parties, or of any of the Parties' employees, agents or affiliated businesses, will be resolved under the laws of the State of Ohio, in any court of competent jurisdiction in Franklin County, Ohio. Section 13. Entire Agreement. This Agreement constitutes the entire understanding of the Parties hereto with respect to the subject matter hereof and supersedes all prior negotiations, discussions, undertakings and agreements between the Parties. This Agreement may be amended or modified only by a writing executed by the duly authorized officers of the Parties hereto. The Parties hereto have made and executed this Agreement as of the day and year first written above. [Signatures on following page] Appointed Magistrate City of Dublin, Ohio ______________________________ ______________________________ Honorable Retired Judge Scott VanDerkarr Megan O’Callaghan, City Manager _____________________________ 5555 Perimeter Drive _____________________________ Dublin, Ohio 43017 Approved as to Form: ______________________________ Law Director CERTIFICATE OF FUNDS