32-10 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