45-03 Resolution
RECORD OF RESOLUTIONS
Dayton Legal Blank. inc., Form No. 30045
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Resolution No. 45-03 Passed ,20_
A RESOLUTION RATIFYING THE MAYOR'S APPOINTMENT
OF AN ADDITIONAL MAGISTRATE TO CONDUCT
MAYOR'S COURT PROCEEDINGS WHEN THE MAYOR
AND VICE MAYOR ARE UNAVAILABLE TO
CONDUCT SUCH PROCEEDINGS
WHEREAS, the City of Dublin operates a Mayor's Court for misdemeanor
offenses pursuant to 1905.01 et seq. of the Ohio Revised Code; and
WHEREAS, it is the desire of the Mayor and Council to provide an additional
Magistrate to preside at Mayor's Court when the Mayor and Vice Mayor are
unavailable to do so; and
WHEREAS, the Mayor is empowered pursuant to Section 3.04(a)(4) of the
Dublin Charter to appoint a magistrate, subject to the approval of Council, to
hear and determine prosecutions of criminal cases subject to the laws of the
State of Ohio or the laws of the United States.
NOW, THEREF~E, BE IT RESOLVED, by the Council of the City of Dublin,
State of Ohio, of the elected members concurring that:
Section 1. Council hereby ratifies the Mayor's appointment of Kelleen R.
Roth, an attorney licensed in the State of Ohio, as an additional Magistrate to
preside over Dublin Mayor's Court when the Mayor and Vice Mayor are unable
to do so.
Section 2. Kelleen R. Roth possesses all of the qualifications for Magistrates
mandated by Ohio law.
Section 3. Kelleen R. Roth will be compensated under the same terms as
Magistrate Michael L. Close, at a rate of $250 per hour, not to exceed $500,
for court nights, which will be billed in quarter hour increments. These court
nights are typically held three Tuesdays a month beginning at 5:30 p.m. She
will be compensated at a rate of $150 per hour for any miscellaneous
hearings, such as prisoner hearings, that she conducts.
Section 4. Council hereby authorizes the City Manager to execute a contract
(attached hereto as Exhibit "A") between the City of Dublin and Kelleen R.
Roth under the same terms and conditions as that of the existing contract for
Magistrate services with Michael L. Close.
Section 5. This Resolution is effective upon passage as provided under
Section 4.04(a) of the Revised Charter.
day of J)ec~003.
ATTEST:
I hereby certify that copies of this
Ordinance/Resolution were posted in the
Clerk of Council City of Dublin in accordance with Section
731.25 of the Ohio Revised Code.
1<esolu'h'on 4S-03
MEMORANDUM
TO: Dublin City Council
FROM: Mayor McCash
DATE: December 9,2003
RE: Resolution Authorizing the Appointment of an Additional Magistrate
Attached is a resolution ratifying the appointment of an additional magistrate to preside over
Mayor's Court in the event the Mayor, Vice Mayor, and the currently designated Magistrate are
not available. The terms for the contract will be identical to those of Michael Close. This will
allow some flexibility for times when there is a need for an additional Magistrate and will ensure
to the greatest extent possible that a qualified individual is always available to preside over the
Mayor's Court.
If you have questions or concerns, please contact me.
Exhibit A
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 prosecutions and criminal cases in Dublin Mayor's Court that are within
the jurisdiction of the Mayor's Court, as established by Ohio law, when called upon to
do so by the Mayor of Dublin due to the unavailability of both the Mayor and the Vice
Mayor to hear cases.
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 on the second, third and fourth Tuesdays of
each 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 by the Mayor of Dublin due to the unavailability of both
the Mayor and the Vice Mayor to hear cases.
5. Ms. Roth shall be paid a fee of $250 per hour, not to exceed $500, 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
for each special Mayor's Court hearing, such as prisoner arraignment hearings, she is
called upon to preside over.
6. Either party may terminate this Agreement at any time.
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 defendant in misdemeanor cases arising in the City of
Dublin, but shall not prevent Ms. Roth from acting as an attorney in any other
capacity before or involving the City (including applications and appeals before the
various City Boards and Commissions) that is not in direct conflict with Ms. Roth's
duties as magistrate.
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Agreement for Magistrate Services
Page Two
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.
CITY OF DUBLIN
BY: Jane S. Brautigam Date
City Manager
Kelleen R. Roth Date
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