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CITOOF SAN BERNARDI'O .' REQU~ FOR COUNCIL AC~N
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From:
Raymond D. Schweitzer
City Administrator
Administrative
Subjact: Authorize submission of claim to
County of San Bernardino for fines
collected as a result of individual:
convicted of misdemeanors
Oept:
Date: July 10, 19B7
Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council held July 6, 19B7,
the City Administrator was authorized to submit a claim to the
County of San Bernardino for a percentage of fines collected as
a result of individuals convicted of misdemeanors as provided for
in Section l463 of the Penal Code.
Recommen-:led motion:
That the submission of a claim to the County of San Bernardino
for a percentage of fines collected as a result of individuals
convicted of misdemeanors, as provided for in Section 1463 of
the Penal Code, be authorized.
Contact person:
Ravmond D. Schweitzer
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
1'i-0262
Agenda Item No.
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In the matter of the Claim of the
CITY OF SAN BERNARDINO, a municipal
corporation,
CLAIM
Claimant,
vs.
COUNTY OF SAN BERNARDINO, STATE OF
CALIFORNIA.
TO: THE BOARD OF SUPERVISORS FOR THE COUNTY OF SAN BERNARDINO:
YOU ARE HEREBY NOTIFIED that the CITY OF SAN BERNARDINO. a
municipal corporation, (herein referred to as Claimant) presents
this claim to the COUNTY OF SAN BERNARDINO. STATE OF CALIFORNIA,
pursuant to applicable law.
l. The address of Claimant, CITY OF SAN BERNARDINO, is
300 North "D" Street, San Bernardino. California 9241B.
2. All notices or other communications with respect to this
claim should be sent to claimant in care of Raymond D. Schweitzer,
City Administrator, at the above address.
3. This claim is based on the following:
a. For three years preceding the date hereof and contin-
uing to the present, an unknown number of persons who have been
convicted of misdemeanors in the San Bernardino Municipal Court,
San Bernardino Judicial District. and have been fined by the
Municipal Court. An unknown number of such persons have been
placed on "Summary" probation (also referred to as "court proba-
tion", "conditional sentence" or "conditional and revocable
release") and have been ordered to pay their fine to the County
Probation Department, Accounting Division.
b. Claimant is entitled by law to the percentage of
said fine monies as provided in Penal Code Section 1463.
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1 c. Since three years preceding the date hereof, and
2 continuing to the present, none of the fine monies (or forfeitures
3 of bail) collected by the County through the County Probation De-
4 partment have been allocated and distributed by San Bernardino
5 County to the City of San Bernardino as required by Penal Code
6 Section 1463.
7 d. The total amount of said fines so collected by the
8 County of San Bernardino is known or ascertainable by the County
9 of San Bernardino and is not known by Claimant and is ascertain-
10 able by Claimant only upon an accounting of all the County of
11 San Bernardino records pertaining thereto. Claimant hereby de-
12 mands of the County of San Bernardino. its Auditor and its
13 Treasurer, an accounting of all monies received by the County of
14 San Bernardino during the three-year period preceding the date
15 hereof, consisting of payment of said fines imposed by the Munici-
16 pal Court under orders of "summary" probation (also referred to
17 as "court probation", "conditional sentence" or "conditional and
18 revocable release") to the County Probation Department.
19 e. The exact amount of Claimant's loss is unknown. As
20 of the date of presentation of this claim. Claimant estimates its
21 loss to be approximately $594,733 which amount is based on records
22 of the San Bernardino County Municipal Court. Said amount has
23 been increasing daily inasmuch as the County of San Bernardino
24 continues to collect and retain installment payments of said fines.
25 Claimant asks leave to amend this claim to state the true and
26 accurate total of monies due to Claimant as described.herein when
27 the same is ascertained.
28 f. Claimant does not know the name or names of the employee
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1 or employees of the County of San Bernardino who caused or are
2 responsible for the failure of the County to pay over said monies
3 claimed herein. but believes that they include employees in the
4 Probation Department of the County of San Bernardino.
5 WHEREFORE, Claimant claims as follows:
6 l. For an accounting from County, its Auditor and Treasurer,
7 as described in paragraph 3d of all monies received by the County
8 of San Bernardino as described in paragraph 3.
9 2. For payment to the City of San Bernardino of such monies
10 collected and retained by the County of San Bernardino as de-
II scribed in paragraph 3 hereof, estimated to date to be approxi-
12 mately $594,733. Such fine monies are continuing to be retained
13 by the County and Claimant's loss is equal to its percentage
14 share of Municipal Court fines and forfeitures under Penal Code
15 Section l463 which are retained by County, as described above.
16 3. For interest at the legal rate as provided by law.
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DATED:
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CITY OF SAN BERNARDINO
A Municipal Corporation
By
Evlyn Wilcox, Mayor
Approved as to form and
legal content:
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25 City Attorney
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