HomeMy WebLinkAbout6.2 Fines and Forfeitures Agreement with CountyCITY OF DUBLIN
AGENDA STATEMENT
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August 13,
CITY COUNCIL MEETING DATE:
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SUBJECT
EXHIBITS ATTACHED
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RECOMMENDATION
FINANCIAL STATEMENT:
adopt the resolution and
COPIES TO:
AN AGREEMENT BETWEEN THE CITY OF ,
THE CITY OF AND THE COUNTY OF ALAMEDA
RELATING TO THE COLLECTION, ALLOCATION AND DISTRIBUTION OF
MUNICIPALY COURT FINES
This is an agreement entered into on , 1984, by and between the City
of Dublin, the City of Pleasanton and the City of Livermore ( referred to
herein collectively as "city" or "cities" ) and the County of Alameda
( "County" ) relating to the collection, allocation and distribution of
certain defined revenues .
1 . Purpose. The purpose of this agreemnt is to resolve any and all
disputes between the parties with respect to the collection, all:;.7ation and
distribution of Municipal Court fines as described in Section 2 below. This
agreement shall not be construed as an admission or concession, express or
implied, between or by the parties that the method of collection, allocation
and distribution of Municipal Court fines, in effect as of the date hereof,
is improper or not in conformance with the law.
2 . Subject of Agreement . This agreement is applicable to all fines
imposed by the Municipal. Court in the Livermore-Pleasanton Judicial District
which are collected by the County. This agreement is not applicable to ( 1 )
fines and forfeitures collected by Municipal Court pF�r onr.e . ; ( 2 Af`Lnes and
forfeitures collectec, from a defendant
Fines & Forfeitures Ac,;rPe
Page 1
who has been placed on formal , supervised probation, as those terms
are defined in Penal Code § 1202. 8 and § 1203 (a) ; or (3) parking
fines and forfeitures.
3. Distribution of Fines as of July 1, 1984. - Commencing
July 1, 1984, County will distribute all fines imposed on defendants
convicted on or after July 1, 1984, pursuant to the provisions of
Penal Code § 1463. The transfer of funds each calendar month required
by Penal Code § ' 14063 (c) and (d) shall occur simultaneously with
respect to each payment received and shall be completed from month to
month thereafter prior to any other statutory distribution excepting
--rr)- �r�-astr, bucion-of-the installment fee provided by Penal Code
§ 1205 (c) shall occur before the transfer pursuant to Penal Code
§ 1463 (c) and (d) ; and (2) any distribution required by law to be
made prior to the transfer pursuant to Penal Code § 1463 (c) and (d) .
4. Distribution of Fines Imposed Prior to July 1, 1984.
All fines imposed on defendants convicted prior to July 1, 1984,
(referred to herein as "prior fines" ) shall be distributed as provided
herein. On or before the 31st of August, 1984, and thereafter on the
last day of each succeeding calendar month, County will compute for
the month of July, 1984, and thereafter for each succeeding calendar
month respectively, a percentage as set forth below, which shall be
used to .determine the appropriate distribution of 2:F_'. "p -I.c%
collected by County durinc ;_-he month. -:.f July; >.G i , zurca E.&
Fine 8: Forfeitures Agree
Page 2..
succeeding calendar month thereafter. The percentage shall be
determined by taking the total number of defendants referred to
County' s Central Collections Office during July, 1984, and of that
total , determining the percentage of such defendants who were arrested
by each city' s police officers and/or by a state officer within the
limits of such city. The percentage arrived at for each city of the
total shall be used to determine the percentage of "prior fines"
collected during July, 1984, which shall be assumed were imposed upon
conviction following arrests made by that city' s police officers
and/or state officers within the limits of that city. The revenue
from these---p-;.or fines col-lected by County during July, 1984, shall
r then be distributed as provided in paragraph 3 above. . The procedure
provided in this paragraph for determining the percentage of monies
collected attributable to each jurisdiction shall be followed for each
calendar month for a period of six (6) months, after which, the
monthly collection of prior fines shall be distributed in the same
ratio as the average ratio for fines on convictions for the period of
six (6) months after July 1, 1984.
5. County Collection Fee. As reimbursement for its
administrative costs, County shall receive a payment of five percent
( 5%) of the funds distributed to each city pursuant to Penal Code
§ 1463 (d) as a fee for its collection sere i ce.�7.. The �::..ve percent
( 5%) payment shall be deducted by Couny froil, at the
time :paid. funds are transmitted to eac C;f fee
Fine -. Forfeitures Agree
Page 3
referred to in this paragraph shall be in addition to the fee for
processing of installment accounts collected by County as provided in
Penal Code § 1205 (c) . It is not the intention of the parties to
adjust the percentages contained in Penal Code § 1463 (c) by payment
of the collection fee to the County.
6. Legislative Changes. In the event that Penal Code
§ 1463 is amended in substantive form, the parties agree to
renegotiate this agreement. A failure to come to a new agreement
constitutes. a termination of this agreement at the option of any
party. As used herein, "substantive" includes any change in the
percentages_contaired -i n_ :S-ubsection (c) of § 1463 for the County of
Alameda or any of the cities in Alameda County. "Substantive" does
not include minor procedural and accounting changes.
7. Collection Effort. The collection efforts of the
County, including the County' s Central Collections Office, shall be
maintained at least substantially equal to the level of collection
effort and quality during the period July 1, 1982, to June 30, 1983.
If the County ceases to collect fines this agreement shall terminate.
8. Accounting; Auditinq. At 1{asL z:onthly, County shall.
Yrovi.df: to cities, in, written form, ca; to he fines which
T.Y15.S LC7"P.ETileTlt 1S applicable izI1C'_ wl+.lr s for the artounL.
distributed byy County to cities as p7'Q:.
Pine Fc:rF^ .tunes, Agree
resonable advance notice the respective cities shall have the right to
inspect relevant County records .to determine the accuracy of the amount of
funds disbursed pursuant to this agreement . County agrees to maintain its
records in such a manner as to enable cities to perform such an audit . All
such records shall be maintained for four ( 4 ) years .
9 . Termination. In addition to the provisions for termination in
paragraph 6 , commencing after a period of five ( 5 ) years has elapsed from
the date of this agreement either, County or the cities (acting together and
not separately) may terminate this agreement by giving the other party a
written notice of termination. That notice shall specify the termination
date, which shall be at least six ( 6 ) months from the date of the notice.
10 . Modification. This agreement may be modified only by a written
instrument executed by all parties hereto.
CITY OF DUBLIN,
a municipal corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City At.t orney
['-J nes & ForfE;4tui"es Agree
5
CITY OF PLEASANTON,
a municipal corporation
By.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
CITY OF LIVERMORE
a municipal corporation
By:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
COUNTY OF ALAMEDA,
By.
Chairman, Board of Supervisors
ATTEST :
Countv ( lez-k
APPROVED AS O FORM :
RICHARD J . MC'ORE, COUNTY COUNSEL
By-. - —
A` i i F.:fai" Cour1iL-.y C"otor—e 1.
Fines & Forfeitures Agree
,I7age 6
RESOLUTION NO. 83 - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
-------------------------------------------------------------
APPROVING AN AGREEMENT WITH THE COUNTY OF ALA14EDA RELATING
TO THE COLLECTION, ALLOCATION AND DISTRIBUTION OF
MUNICIPAL COURT FINES
WHEREAS, Alameda County has for a number of years
retained the revenues from fines paid for certain traffic
violations; _and .
WHEREAS, Alameda County has agreed to apportion future
revenues from fines pursuant to Penal Code Section 1463; and
WHEREAS, it is in the best interest of the City of
Dublin to enter into an agreement with Alameda County in order
to receive a portion of said revenues;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City
Council does hereby approve the agreement with the County of
Alameda relating to the collection, allocation and distribution
of municipal court fines and does hereby authorize the Mayor of
the City of Dublin to sign the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED this 13th day of August,
1984.
AYES: Councilmembers Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: Councilmember Vonh ed
Mayo
ATTEST:
City Clerk
'J
RESOLUTION NO. 83 - 84
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
----------------------------------------------------------------
APPROVING AN AGREEMENT WITH THE COUNTY OF ALAMEDA RELATING
TO THE COLLECTION, ALLOCATION AND DISTRIBUTION OF
MUNICIPAL COURT FINES
WHEREAS, Alameda County has for a number of years
retained the revenues from fines paid for certain traffic
violations; and
WHEREAS, Alameda County has agreed to apportion future
revenues from fines pursuant to Penal Code Section 1463 ; and
WHEREAS, it is in the best interest of the City of
Dublin to enter into an agreement with Alameda County in order
to receive a portion of said revenues;
NOW, THEREFORE, BE IT RESOLVED that the Dublin City
Council does hereby approve the agreement with the County of
Alameda relating to the collection, allocation and distribution
of municipal court fines and does hereby authorize the Mayor of
the City of Dublin to sign the agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED this 13th day of August,
1984.
AYES: Councilmembers Hegarty, Jeffery, Moffatt and
Mayor Snyder
NOES: None
ABSENT: Councilmember Vonh ed
Mayo
ATTEST2� � 1" _ c
City Clerk
C JUL 3 0 1984
City f San Leandro
y
Civic Center, 835 E.14th Street
San Leandro, California 94577
Office of City Attorney 415-577-3361
MEMORANDUM
TO: All City Attorneys in Alameda County DATE: 7/26/84 p
FROM: Steven R. Meyers, City Attorney, City of San Leandro
- --RE: Fines and Forfeitures
Please find attached a copy of a form agreement between each city
and the County of Alameda for each judicial district within the
County. This agreement represents the culmination of lengthy and
difficult negotiations with the County over the proper accounting
and distribution of your City' s fine and forfeiture revenues.
Briefly stated, the issue has been whether fines paid through the
County Central Collections Office as a condition of a.rdlormal or
" sumw,ary" probation as opposed to fines paid to a proration
officer as a condition of formal probation were subject to
apportionment pursuant to § 1463 of the Penal Code. Under § 1463
of the Penal Code, fine and forfeiture revenue resulting from
arrests within your respective jurisdictions is split between the
arresting city and the county in accordance with the formula set
forth in subdivision (c) of § 1463. Section 1203. 1 of the Penal
Code provides, however, that the County may retain all such
revenue whenever it is collected by a county probation officer as
a condition of probation. Some years ago, the County and
Municipal Courts started a practice of permitting fines to be paid
through Central Collections on an installment basis instead of to
the Municipal Court in one lump sum. The purpose was to increase
the collection rate and to have a better cash handling system.
The Municipal Courts in turn cooperated by placing convicted
defendants on "summary" or "court" probation. ' Even though
"summary" probation did not include supervision by a Probation
officer, nor were the fines paid to probation officer, the
County of Alameda retained such on the authority of
i.'0 .. 1 of the Penal Code. v
F
I:c)w called "conditional sentence".. c;3t: .
SAN f
`�•o eaNa
All City Attorneys in Alameda County
*Re: Fines and Forfeitures
July 26, 1984
Page 2
This -matter was brought to the attention of my Council and City
Manager some time ago and then referred to all the City Managers
in Alameda County through their informal organization. A
Committee representing the City Managers of Hayward, San Leandro,
Livermore and Oakland proceeded to negotiate a settlement with the
County.
The agreement which V prepared represents the culmination of that
negotiation. It includes all amendments made by the County
aouns61--tea has---the recommendation of the County Administrator.
While not perfect, I believe that it represents the most favorable
treatment of our clients. No attempt is made to recover past
revenues diverted by the County 2. However, the County will make
the proper allocations for defendants already sentenced who are
currently making payments to Central Collections. For all future
.revenues paid through Central Collections, the allocations
required by § 1463 will be made. In recognition of its collection
service, the County is given a 5% fee. This agreement does not
cover parking fines since several cities in Alameda County collect
their own fines and retain all the revenue.
We have estimated that we will receive an additional $30, 000 -
$60,000 per year as a consequence of this agreement. The results
in your jurisdiction will depend upon (i) your § 1463 split, ( ii)
your arrests, (iii) your conviction rate, and (iv) the percentage
of defendants who are placed on "summary" probation and make their
payments. If your client is favorably disposed to approving this
agreement, I urge you to do so as soon as possible. There are a
number of other "political" issues pending with the County and
it' s desirable to put this matter behind us.
If you have any questions about this matter, please call me at
577-3363. '
Ve truly yours,
teve Meyers
City Attorney
SRM/cda
Attachment
21 The statute of limitations is three :Mare_ on Lac-, recover.: c:i
revenues.