006-02 OrdinanceRECORD OF ORDINANCES
Ordinance No ......................Q6.-~.2......................... Passed .................................................................., .......................
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AN ORDINANCE AUTHORIZING THE CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE
COLUMBUS, OHIO CITY ATTORNEY
FOR PROSECUTION OF CRIMINAL CASES
IN THE FRANKLIN COUNTY MUNICIPAL COURT,
CRIMINAL DIVISION AND REPRESENTATION OF
THE BUREAU OF MOTOR VEHICLES FOR CERTAIN CASES
IN THE CIVIL DIVISION OF THE FRANKLIN COUNTY
MUNICIPAL COURT, AND DECLARING AN EMERGENCY
WHEREAS, the City of Dublin desires to use the services of the Columbus City
Attorney's Office for prosecution of Dublin cases in the Franklin County Municipal
Court, Criminal Division and also for representation of the Bureau of Motor Vehicles
for certain cases in the Civil Division of the Franklin County Municipal Court; and
WHEREAS, the Columbus City Prosecutor's Office is willing to provide such services
pursuant to Columbus City Ordinance 374-96.
NOW THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State
of Ohio, 2 of the elected members concurring:
Section 1. That the City Manager is hereby authorized to enter into an agreement with
the City of Columbus to provide for the prosecution of Dublin cases in the Franklin
County Municipal Court, Criminal Division and representation of the Bureau of Motor
Vehicles for certain cases in the Franklin County Municipal Court, Civil Division
under the terms and conditions provided in the attached contract (Exhibit A).
Section 2. That this ordinance is hereby declared to be an emergency measure
necessary to ensure the preservation of the public peace, health, safety and welfare, and
therefore shall take effect and be in force immediately upon its passage.
Passed this ~ h~ day of , 2002.
Mayor -Presiding Officer
ATTEST:
~~~~~
Clerk of Council
I h~tt?'?~~ a~-?~`~~ .Itut ~on~es et t=~is Orci:r~once/ttesol~:tion were posies in tltr
City of O~blin in asco~donce v~it!} Section 731.25 of the Ohio Revised ode.
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r~of Council, Duhlin. Ohio
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CIVIL DIVISION
90 W. Broad Street
Columbus, Ohio 43215-9013
614/645-7385
FAX 614/645-6949
CLAIMS DIVISION
90 W. Broad Street
Columbus, Ohio 43215-9013
614/645-7717
FAX 614/645-6949
REAL ESTATE DIVISION
109 N. Front Street
Columbus, Ohio 43215-9021
s1a/sas-7712
FAX 614/645-3913
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JANET E. JACKSON
CITY ATTORNEY
COLUMBUS, OHIO
December 18, 2001
Stephen J. Smith, Esq.
~. Law Director and Prosecuting Attorney
City of Dublin
6565 Commerce Parkway
Dublin, Ohio 43017-3221
Re: 2002 Contract with the City of Columbus City Attorney's Office
Dear Mrs "-
~~`- ~.~
Enclosed please find an original and two copies of the 2002 contract between the City
of Dublin and Janet E. Jackson, City Attorney of Columbus, Ohio. This contract is for the
prosecution of criminal cases in the Franklin County Municipal Court, Criminal Division, and
also representation of the Bureau of Motor Vehicles in certain cases in the Civil Division of
the Franklin County Municipal Court.
The new rate for the term of the contract, January 1, 2002 through December 31, 2002,
will be $75.00 per hour.
These contracts must be certified with the Columbus City Auditor's Office, therefore
it is imperative that all three copies be returned to this office for my signature. After
""~'" certification by the auditor, an executed copy will be returned to you. Please sign all three
contracts, filling in the blank for your ordinance or resolution number, and return the three
`""" signed contracts to my office before January 25, 2002.
If you have any questions, please contact me.
Sincerely,
,~
`~
Janet. Jackson ~
City Attorney
City of Columbus
/MCF
ENCLOSURES (3)
COPY ro: Mayor Chazles W. Kranstuber
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' ~<. PRO~S~C1].~'OR DIVISION
" 375 St
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uhio 43215-45
614/645-7483
FAX 614/645-8902
CONTRACT
This Agreement, entered into beginning on January 1, 2002 by and between Janet E.
Jackson, City Attorney of Columbus, Ohio, pursuant to Ordinance No. 374-96, passed February
26, 1996, and the City of Dublin, Ohio, by ~P ' S ,pursuant to
Ordinance/l~:e~No. 0 ~ - b ~ ,for the prosecution of certain cases before the Franklin
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County Municipal Court, Criminal Division, and for the representation of the Bureau of Motor
Vehicles of certain cases in the Franklin County Municipal Court, Civil Division; now, therefore,
the parties hereto agree as follows:
Janet E. Jackson, City Attorney of Columbus, Ohio, hereby agrees that she will undertake
to prosecute, by and through personnel employed by the Columbus City Prosecutor's Office, all
cases coming before the Franklin County Municipal Court, Criminal Division, arising out of
alleged violations of traffic and criminal ordinances of the City of Dublin, Ohio, or traffic and
criminal statutes of the State of Ohio, which occur within the limits of the City of Dublin, Ohio;
provided, however, Janet E. Jackson, City Attorney of Columbus, Ohio, reserves the right to
decline to represent the City of Dublin, Ohio under this contract in any specific case filed in or
coming before the Franklin County Municipal Court upon giving written notice to the City
Solicitor of the City of Dublin, Ohio, seven days before a scheduled hearing in that specific case;
and provided further that the City Solicitor of the City of Dublin, Ohio reserves the right under
this contract to represent the City of Dublin, Ohio in any specific case filed in or coming before
the Franklin County Municipal Court upon giving written notice to Janet E. Jackson, City
Attorney for the City of Columbus, Ohio, seven days before a scheduled hearing in that specific
case that the City Solicitor of the City of Dublin, Ohio, intends to represent said City or Village
in that specific case. When the aforementioned notice is given that the City Solicitor of the City
of Dublin, Ohio will represent said municipality in a specific case and no prosecution time has
been expended but a file has been prepared, or subpoenas issued, or other preliminary work done
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on that case, there shall be a bill for whatever time has been expended on the case, which the
municipality agrees to pay.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will direct her
prosecutor personnel who are to perform the services contemplated by this Contract, to consult
and advise the officers of the City of Dublin, Ohio, Police Department, and all other appropriate
officials of the City of Dublin, Ohio, when necessary, concerning the prosecution or enforcement
of the criminal and traffic statutes of the State of Ohio and ordinances of the City of Dublin,
Ohio, within the limits of said City of Dublin, Ohio.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will, by and
through the personnel assigned to duties in the Columbus City Prosecutor's Office, consistent
with its policies and practice in connection with its duties in the City of Columbus, consult with
and advise all persons concerning violations of the criminal statutes of the State of Ohio, alleged
to have occurred within the limits of the City of Dublin, Ohio, and will assist such citizens, when
necessary, in the interests of justice, when requested by the local police or prosecutor, in the
preparation and filing of complaints charging such offenses.
Janet E. Jackson, City Attorney of Columbus, Ohio, further agrees that she will undertake
to represent the Bureau of Motor Vehicles, by and through personnel employed by the Columbus
"~ City Attorney's Office, in all cases coming before the Franklin County Municipal Court, Civil
Division, arising out of the appeal procedures of Ohio Revised Code Sections 4511.191 and
4507.40, and in which the legal representative of the City of Dublin, Ohio, would have a duty to
represent the Bureau of Motor Vehicles.
The City of Dublin, Ohio, in consideration of the above, promises to Janet E. Jackson,
City Attorney of Columbus, Ohio, and agrees to pay to Janet E. Jackson, City Attorney of
Columbus, Ohio, for deposit in the Treasurer of the City of Columbus, the sum of Seventy
Dollars ($70.00) per hour, being the uniform rate per hour for such services by members of the
City Prosecutor's staff, with a minimum charge of one-half hour for each scheduled court
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hearing, as fixed by resolution of the Council of the City of Columbus. Said sum due to be
stated on invoice from the City Attorney of Columbus, Ohio, at approximately monthly intervals.
It is mutually understood and agreed that the responsibility of Janet E. Jackson, City
Attorney of Columbus, Ohio, under this Contract shall be limited to those functions set out
above, and specifically that she and her Prosecutor or other designated personnel, by which she
chooses to perform this Contract, shall not be required to engage in any investigations other than
those normally performed by the Columbus City Prosecutor's Office in regard to and incident to
the prosecution thereby of routine cases arising in the City of Columbus, the taking of
depositions, the prosecution of appeals by the plaintiff City or State from judgments of the
Franklin County Municipal Court, or the preparation or consideration of legislation, consistent
with the policies and practice of the Prosecutor's office in connection with criminal offenses in
the City of Columbus.
It is further mutually understood and agreed that, notwithstanding any of the above
provisions of this Contract, the City of Dublin, Ohio shall have the absolute right, in its sole
discretion, to undertake to prosecute by and through the Prosecutor of the City of Dublin, Ohio,
any case coming before the Franklin County Municipal Court, arising out of alleged violations of
the Codified Ordinances of the City of Dublin, Ohio, or alleged violations of the traffic and
criminal statutes of the State of Ohio, which occur within the limits of the City of Dublin, Ohio,
or any appeal from judgments of the Franklin County Municipal Court relating thereto.
It is further mutually understood and agreed that, Janet E. Jackson, City Attorney of
Columbus, Ohio, shall notify the City of Dublin, Ohio, by and through its Prosecutor, of the
filing of any Notice of Appeal from judgments of the Franklin County Municipal Court within
the purview of this Contract, within five (5) days of such filing, whether such Notice of Appeal
is filed on behalf of the City of Dublin, Ohio or on behalf of any defendant. The City of Dublin,
Ohio shall notify Janet E. Jackson, City Attorney of Columbus, Ohio, within ten (10) days
thereafter if it intends to handle that appeal, and in the absence of such notice, agrees that Janet
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E. Jackson, City Attorney of Columbus, Ohio, shall handle that appeal at the hourly rate
specified herein.
It is further mutually understood and agreed that the City of Dublin, Ohio shall have the
right to decline the prosecution of any appeal on its behalf by Janet E. Jackson, City Attorney of
Columbus, Ohio; however, should Janet E. Jackson, City Attorney of Columbus, Ohio, desire to
prosecute an appeal from any judgment of the Franklin County Municipal Court within the
purview of this Contract, that the City of Dublin, Ohio has declined to prosecute, then Janet E.
Jackson, City Attorney of Columbus, Ohio, shall have the right to prosecute such appeal at her
own expense, and the City of Dublin, Ohio agrees to provide the City Attorney with any
information necessary to prosecute such appeal.
This Contract may be terminated by either party hereto at any time before the expiration
thereof by giving thirty (30) days written notice to the other party of its intention to terminate.
The parties hereto further agree that this Contract shall be in full force and effect from the
1st day of January, 2002 through December 31, 2002 unless terminated earlier, as provided
herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
2001.
CITY OF COLUMBUS, DEPT. OF LAW
JANET E. JACKSON, CITY ATTORNEY
Janet E. Jackson
City of Dublin, Ohio
By `~ d..~-.
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