015-98 Ordinance
RECORD OF ORDINANCES
Dayton Legal Blank Co. Form No. 30043
Ordinance No._I~ c}~_
Passed_
19----
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER
INTO AN AGREEMENT WITH THE CITY OF COLUMBUS, OHIO
FOR PROSECUTION OF DUBLIN CASES IN FRANKLIN COUNTY
MUNICIPAL COURT, AND DECLARING AN EMERGENCY.
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WHEREAS, The City of Dublin desires to use the services of the Columbus City Prosecutor's
Office for legal representation in the Franklin County Municipal Court, Criminal Division and
also for representation of the Bureau of Motor Vehicles of 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 T~IEREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of
Ohio, _~ 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 before the Franklin County
Municipal Court under the terms and conditions provided in the attached contract.
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 ~~rs~~ day of _ , 1998
- Presiding Officer
ATTEST
Clerk of Council
CONTRACT
This Agreement, entered into beginning on January 1, 1998 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 / ~ m o~~ ~/ ~, /-~ r~~ jl e ~/ ,pursuant to Ordinance/l~eseltitivrr
No. .~" ,~ ,for the prosecution of certain cases before the Franklin 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 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 Sixty Dollars ($60.00) 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 hearing, as fixed by resolution of the Council of the
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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
~muncontr.frm 1/97 3
the absence of such notice, agrees that Janet 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, 1998 through December 31, 1998 unless terminated earlier, as provided herein.
IN WITNESS WHEREOF, the parties have executed this Contract, this day of
1998.
CITY OF COLUMBUS, DEPT. OF LAW
JANET E. JACKSON, CITY ATTORNEY
Janet E. Jackson
City of Dublin, Ohio
By
~muncontr.frm 1/97 4
_ +_ . ~,.~ ~ ~, .~ ~ .~ _ ~ ..,_~. ~~. r~.,e~ .,_,
N T E R
MEMO
O F F I C E
To: Timothy C. Hansley, City Manager
From: Donald W. Colby, Director of Court Services C-.%
Subject: Attached Contract for Prosecutor for Municipal Court
Date: February 23, 1998
Attached please find three copies of the contract with Janet Jackson's office for the year covering
the period of 1/1/98 to 12/31/98. There have been some minor adjustments to the contract from
last year and I have spoken to Scott Mergenthaler in Steve Smith's office regarding those
changes. The changes to the contract are outlined below.
1997
Page 1-flat fee of $20 per
case for any preliminary work
done on cases eventually
handled by our prosecutors in
Municipal Court
1998
Charge will be for time
expended by Janet Jackson's
office
Pages 2 & 3-language non- Added language stating that
existent. the action taken by the office
will be "consistent with
policies and practices of the
Prosecutor's Office"
Page 2- fees are $55 per hour Fees raised to $60 per hour
with a 1/2 hour minimum with a 1/2 hour minimum
Page 4- language non-existent
Added "..and the City of
Dublin, Ohio agrees to
provide the City Attorney's
Office with any information
necessaryto prosecute such
appeal."
Comments
This will raise the cost of
taking this action, but I don't
believe we take this action
very often.
I don't believe this will have
any real effect on our actions.
Will raise our costs.
I don't believe this will have
any real effect on our action.
Based upon the information given above and my conversations with Scott on the matter, I would
like to ask that this contract be approved for the 1998 fiscal year. I will need all three copies of
the contract signed and sent back to me. Once they have been processed through Janet Jackson's
office, I will forward a copy to Finance. Thank you for your attention to this matter.
Department of Service
6351 Shier-Rings Road • Dublin, Ohio 43016-1243
CITY OF DUBLIN Phone: 614-761-6570 Fax: 614-761-6512
Memo
To: All Members Dublin City Council
From: Timothy C. Hansley, City Manager
Initiated by: Dana L. McDaniel, Director of Se
Date: March 12, 1998
Re: Ordinance 16-98, Emergency Management Ordinance
City staff recommends Council approve Ordinance 16-98, attached. The purpose of this Ordinance
is to replace the existing Chapter 36 of the Dublin Codified Ordinances. The reason for replacing
Chapter 36 is to realign the City's emergency management philosophy and terminology with that
of the County, State and Federal Emergency Management Agencies. This legislation should be
viewed as a "house cleaning" measure to update the City's Code. The City's Emergency Operations
Plan has been philosophically up-to-date since the late 1980's and was recently re-written in 1996.
City staff continues to train on the plan annually and continuously update resource logs and mutual
aid agreements. Our key reference in developing this Ordinance was the ICMA "Green Book"
entitled: Emergency Management: Principles and Practice for Local Government. As you know,
staffhas maintained a good working relationship with the Franklin County Emergency Management
Agency. Additionally, we are fortunate to have staffwho have experience in operations of this type.
,,,.,,, To quickly summarize, Ordinance 16-98 achieves the following:
,, 1. Assigns responsibility to the City Manager, as the Emergency Management Director,
to oversee all activity in connection with emergency management.
2. Embraces the fundamental principles of Emergency Management to include the
Integrated Emergency Management System and the four phases of Comprehensive
Emergency Management.
3. Authorizes the City .Manager to establish an organization for emergency
management. This assumes the use of existing staff and resources.
4. Sets forth emergency powers and duties.
5. Requires a Local Emergency Operations Plan.
Ordinance 16-98, will further enhance the City's disaster preparedness. Preparedness to cope with
the effects of a disaster includes many diverse but interrelated elements, which must be woven into
an integrated emergency management system involving all intergovernmental agencies, City
Departments/Division, private support agencies, and the individual citizen.
Changing from aday-to-day response to a disaster response requires an escalation in numbers,
quantity, proportion and stress -- stress on people, equipment, and resources. In a disaster there
is an escalation of human need which overtaxes the response capability of routine systems to deal
with the disaster. To develop a total emergency management system it is necessary to have an
updated plan based primarily upon the resources within the existing Departments/Divisions of the
City and which outlines the additional resources which will be utilized when the situation escalates
beyond the capabilities of the day-to-day response structure.
Many lives and much property can be lost in the confusion and disorganization that accompanies
the lack of a full planning effort. Therefore, failure to develop a Local Emergency Operations Plan
and to be organized for its execution encourages crisis-type response instead of an effective
coordinated response operation.
Planning for population protection must be a cooperative effort to avert or minimize the effects of
natural, technological, civil, and/or war-related disaster; protect lives and property; and restore the
stricken area to its pre-disaster status with a minimum of social and economic disruption.
Ordinance 16-98 is the City's statement of policy regarding emergency management and assigns
responsibility to the level at which it will be most effectively monitored and executed.
Any questions regarding this Ordinance maybe addressed to myself or Dana McDaniel, work: 761-
6570; home: 717-0861; pager: 646-6644.
TCH/tb
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