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HomeMy WebLinkAbout32-10 ResolutionRECORD OF RESOLUTIONS Inc.. Form No. 30o 5 Resolution No. 32 -10 Passed 20 A RESOLUTION 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, the Mayor has appointed Joel R. Campbell as the Magistrate for Dublin Mayor's Court; and WHEREAS, the Mayor has appointed Gregory S. Peterson and Kelleen R. Roth as back -up Magistrates,; and WHEREAS, City Council desires that the agreements, attached hereto as Exhibit "A" be executed with Joel R. Campbell, Gregory S. Peterson and Kelleen R. Roth. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Dublin, T of its elected members concurring that: Section 1. The Mayor's appointment of Joel R. Campbell as Magistrate for Dublin Mayor's Court and Gregory R. Peterson and Kelleen R. Roth as back -up Magistrates is hereby approved. Section 2. The City Manager is hereby authorized to enter into the agreements attached hereto as Exhibit "A" with Joel R. Campbell, Gregory S. Peterson and Kelleen R. Roth. Section 3. This Resolution shall take effect upon passage in accordance with Section 4.04(a) of the Revised Charter. Passed this . q -11� day of - T - , 2010. Mayor - PresfdiA Officer ATTEST: Clerk of Council CITY OF DUBLIN_ Office of the City Manager 5200 Emerald Parkway • Dublin, OH 43017 -1090 Phone: 614 - 410 -4400 • Fax: 614. 410 -4490 To: Members of Dublin City Council From: Terry Foegler, City Manager d Date: August 5, 2010 Initiated By: Lisa Wilson, Court Administrator Re: Resolution 32 -10 —Agreements for Magistrate Services Memo Summary Attached for your consideration is Resolution 32 -10, authorizing the City Manager to enter into agreements with Joel Campbell, Gregory Peterson, and Kelleen Roth to provide Magistrate services for Dublin Mayor's Court. On January 25, 2010, Dublin City Council approved a motion to proceed with hiring a Magistrate for Dublin Mayor's Court and to make any necessary adjustments to the budget at the appropriate time. On February 22, 2010, Dublin City Council approved a motion to proceed with a Request for Proposals and interview process for primary and secondary Magistrates. Following the interview process, Joel Campbell was selected as the primary Magistrate and Gregory Peterson and Kelleen Roth were selected as secondary Magistrates. Joel Campbell and Gregory Peterson recently attended the required Mayor's Court training and are now fully certified to serve in the capacity of a Mayor's Court Magistrate. Kelleen Roth, who was previously certified and under contract with Dublin, has been serving as Magistrate during this interim period. The Finance Committee of Council is scheduled to meet on August 9th prior to the Council meeting to finalize the pay rates for the Magistrate contracts and to discuss options regarding the recovery of costs associated with this change in Mayor's Court operations. Recommendation Staff recommends approval of Resolution 32 -10 at the August 9, 2010 Council meeting. Exhibit A Agreements for Magistrate Services AGREEMENT FOR MAGISTRATE SERVICES This Agreement for Magistrate Services ( "Agreement ") is entered into by and between the City of Dublin ( "City ") and Joel R. Campbell ( "Mr. Campbell ") for his services as Magistrate for the City. 1. Mr. Campbell has been appointed by the Mayor of Dublin as a magistrate to 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. 2. Mr. Campbell represents that he is qualified to serve as a Mayor's Court magistrate as provided by Ohio law. 3. Mr. Campbell is an independent contractor and he shall exercise his independent judgment and discretion in hearing and determining all prosecutions and criminal cases in Dublin Mayor's Court. Judgments entered and sentences imposed by Mr. Campbell shall not be reviewed or approved by the Mayor. 4. 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. Campbell will hear cases on these dates when called upon to do so. 5. Mr. Campbell shall be paid a fee of $250.00 per hour, not to exceed $375.00 per Mayor's Court session, to be billed in quarter hour increments for each regularly scheduled Dublin Mayor's Court session he is called upon to preside over. He shall be paid a fixed fee in the amount of $150.00 for each special Mayor's Court hearing, such as prisoner arraignment hearings, that he is called upon to preside over. 6. Either party may terminate this Agreement at any time with 30 days written notice. 7. The parties agree that to the extent that the undersigned is acting in a judicial capacity, the City shall indemnify and hold harmless the undersigned from and against any and all claims, demands, suits, liabilities, and payments arising from his services as magistrate. 8. The parties recognize and agree that Mr. Campbell's services as magistrate shall prevent him from representing any party in any litigation involving Dublin, including acting as an attorney in applications and appeals before the various City Boards and Commissions and City Council. 9. 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. 10. This Agreement shall be effective on the date executed and shall continue in force and effect until terminated by either party. Agreement for Magistrate Services Page 2 CITY OF DUBLIN BY: Terry D. Foegler Date City Manager Joel R. Campbell Date AGREEMENT FOR MAGISTRATE SERVICES This Agreement for Magistrate Services ( "Agreement ") is entered into by and between the City of Dublin ( "City ") and Gregory S. Peterson ( "Mr. Peterson ") for his services as Magistrate for the City. 1. Mr. Peterson has been appointed by the Mayor of Dublin as a magistrate to 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. 2. Mr. Peterson represents that he is qualified to serve as a Mayor's Court magistrate as provided by Ohio law. 3. Mr. Peterson is an independent contractor and he shall exercise his independent judgment and discretion in hearing and determining all prosecutions and criminal cases in Dublin Mayor's Court. Judgments entered and sentences imposed by Mr. Peterson shall not be reviewed or approved by the Mayor. 4. 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. Peterson will hear cases on these dates when called upon to do so. 5. Mr. Peterson shall be paid a fee of $250.00 per hour, not to exceed $375.00 per Mayor's Court session, to be billed in quarter hour increments for each regularly scheduled Dublin Mayor's Court session he is called upon to preside over. He shall be paid a fixed fee in the amount of $150.00 for each special Mayor's Court hearing, such as prisoner arraignment hearings, that he is called upon to preside over. 6. Either party may terminate this Agreement at any time with 30 days written notice. 7. The parties agree that to the extent that the undersigned is acting in a judicial capacity, the City shall indemnify and hold harmless the undersigned from and against any and all claims, demands, suits, liabilities, and payments arising from his services as magistrate. 8. The parties recognize and agree that Mr. Peterson's services as magistrate shall prevent him from representing any party in any litigation involving Dublin, including acting as an attorney in applications and appeals before the various City Boards and Commissions and City Council. 9. 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. 10. This Agreement shall be effective on the date executed and shall continue in force and effect until terminated by either party. Agreement for Magistrate Services Page 2 CITY OF DUBLIN BY: Terry D. Foegler Date City Manager Gregory S. Peterson Date AGREEMENT FOR MAGISTRATE SERVICES This Agreement for Magistrate Services ( "Agreement ") is entered into by and between the City of Dublin ( "City ") and Kelleen R. Roth ( "Ms. Roth ") for her services as Magistrate for the City. 1. Ms. Roth has been appointed by the Mayor of Dublin as a magistrate to 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. 2. Ms. Roth represents that she is qualified to serve as a Mayor's Court magistrate as provided by Ohio law. 3. Ms. Roth is an independent contractor and she shall exercise her independent judgment and discretion in hearing and determining all prosecutions and criminal cases in Dublin Mayor's Court. Judgments entered and sentences imposed by Ms. Roth shall not be reviewed or approved by the Mayor. 4. 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. Ms. Roth will hear cases on these dates when called upon to do so. 5. Ms. Roth shall be paid a fee of $250.00 per hour, not to exceed $375.00 per Mayor's Court session, to be billed in quarter hour increments for each regularly scheduled Dublin Mayor's Court session she is called upon to preside over. She shall be paid a fixed fee in the amount of $150.00 for each special Mayor's Court hearing, such as prisoner arraignment hearings, that she is called upon to preside over. 6. Either party may terminate this Agreement at any time with 30 days written notice. 7. The parties agree that to the extent that the undersigned is acting in a judicial capacity, the City shall indemnify and hold harmless the undersigned from and against any and all claims, demands, suits, liabilities, and payments arising from her services as magistrate. 8. The parties recognize and agree that Ms. Roth's services as magistrate shall prevent her from representing any party in any litigation involving Dublin, including acting as an attorney in applications and appeals before the various City Boards and Commissions and City Council. 9. 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. 10. This Agreement shall be effective on the date executed and shall continue in force and effect until terminated by either party. Agreement for Magistrate Services Page 2 CITY OF DUBLIN BY: Terry D. Foegler Date City Manager Kelleen R. Roth Date