HomeMy WebLinkAbout29-City Administrator
'cnC:: OF SAN BERNARDIO> - REQUI.JT FOR COUNCIL AC'...JoN
From:
Raymond D. Schweitzer
City Administrator
Administrative
Subject: Authorize submission of claim to
County of San Bernardino for fines
collected as a result of individuals
convicted of misdemeanors
Dapt:
Date: July IO, 1987
Synopsis of Previous Council action:
At the meeting of the Mayor and Common Council held July 6, 1987,
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 1463 of the Penal Code.
RecommentJed 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:
Raymond D. Schweitzer
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Sou rce:
Finance:
Council Notes:
75.0262
Agenda Item No.
-:;;0
l, f
f
'-
",-,,'
1 In the matter of the Claim of the )
)
2 CITY OF SAN BERNARDINO, a municipal )
corporation, ) CLAIM
3 )
Claimant, )
4 vs. )
)
5 COUNTY OF SAN BERNARDINO, STATE OF )
CALIFORNIA. )
6 )
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
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.
I. The address of Claimant, CITY OF SAN BERNARDINO, is
300 North "D" Street, San Bernardino, California 92418.
2. All notices or other communications with respect to this
claim should be sent to claimant in care of Raynond D. Schweitzer,
City Administrator, at the above address.
3. This claim is based on the following:
a. For three years preceding the date her20f and contin-
uing to the present, an unknown number of persons have been
convicted of misdeneanors 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.
7-10-87
\....-
/'"',
\../
,-)
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 of 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
7-10-87
c
.....""
1
2
3
4
5
6
7
8
9
or employees of the County of San Bernardino who caused or are
responsible for the failure of the County to pay over said monies
claimed herein, but believes that they include employees in the
Probation Department of the County of San Bernardino.
WHEREFORE, Claimant claims as follows:
I. For an accounting from County, its Auditor and Treasurer,
as described in paragraph 3d of all monies received by the County
of San Bernardino as described in paragraph 3.
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 1463 which are retained by County, as described above.
16
17
18
19
20
21
22
23
24
25
26
27
28
3. For interest at the legal rate as provided by law.
DATED:
CITY OF SAN BERNARDINO
A Municipal Corporation
By
Evlyn Wilcox, Mayor
Approved as to form and
legal content:
~,)
/,.,., /J_ 1 '-'-", ~_. . _'.~
.(.. --....-)" -
C;ity Attorney
j
7-10-87
'CI-k OF SAN BERNARD~ - REQU.QT FOR COUNCi'(~JON
From:
Raymond D. Schweitzer
City Administrator
Administrative
Subject: Authorize execution of Joint Exer-
cise of Powers Agreement by & among
the Cities of the County of San
Bernardino for the purpose of filing
a common legal claim for traffic
fines due 17 Count v Cities
Dept:
Date:
June 25, 1987
Synopsis of Previous Council action:
NONE.
Recommeno:led motion:
That the City of San Bernardino participate as a member of the
Joint Exercise of Powers Agreement among 17 County Cities for
the purpose of filing a common legal claim for traffic fines
due to the City and that the City Attorney be directed to prepare
a resolution authorizing the execution of said agreement.
/~
/!/
Contact person:
Raymond D.
Phone:
5122
Supporting data attached:
Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
$9.115
Source:
Finance:
Council Notes:
75-0262
Anpnrl::tl ltpm I\.ln
~
..........
,
,
STAFF REPORT
Over the past nine years (since Proposition 13), the City's
fines have dropped and shown a very erratic pattern. Even
when the City assigned four more motors to the Traffic
Division, there was not a dramatic increase. I am aware of a
50,000-population city in Nevada that receives approximately
$1,000,000 annually in municipal court fines. While the City
of San Bernardino nearly three (3) times larger receives but
a small fraction of that!
It would appear from my basic calculations, that the city has
lost $1.6 million to the County through their collection
procedures over the last seven (7) fiscal years.
Enclosed with this memo is a request from the City of
Victorville representing all the other cities in the County
to join them in a Joint Exercise of Powers Agreement to file
a common legal claim to allow for all 17 County cities to
pursue what is rightfully theirs under Penal Code Section
1463.1(c). Our current estimated share of the cost of the
lawsuit is $9,115.00.
The Grand Jury 1986-87 Interim Report of the Administrative
Committee on Traffic Fines and Forfeitures released February
25, 1987 found that "...a significant problem exists in the
equitable distribution of traffic fines forfeitures and
assessments between the incorporated cities of San Bernardino
County and the County General Fund."
RECOMMENDATION
I would strongly recommend that in view of the financial
straits the City is in, that the Mayor and Common Council
authorize the City Attorney to review the attached Joint
Exercise of Powers Agreement and that the Mayor be authorized
to sign it.
submitted,
RDSjdjn
Attachment
~arb of j;uptruisors
arountg of j;an iStmarbino
'-'
, "~'/
,
~b/
I
JOHN JOYNER
CHAIRMAN
SUPERVISOR FIRST OISTRICT
September 14,1987
The Honorable Evlyn Wilcox
Mayor, City of San Bernardino
300 North "0" Street
San Bernardino. CA 92418
~t..--
Dear Mayor .
It was certainly a pleasure for Supervisor Hammock, myself, and staff to have you
and your staff join us for lunch and a frank discussion concerning the distribution
of traffic fines.
As per our discussion, I have directed County Administrative Officer Harry Mays to
meet with the City Managers on September 25 and hopefully reach an agreement
on conducting a complete analysis of the cost and revenue distribution of all
traffic fines. I would anticipate the cities and the County providing adequate
staffing to conduct this study and bring back recommendations to the City
Councils and Board of Supervisors.
I have also asked Mr. Mays to analyze the legislation passed by the State
Legislature on September 11 which may also affect fines. I would anticipate the
analysis to be completed and recommendations made by November 30,1987, and
hopefully an interim report could be presented at the Annual City-County
Conference to be held at Lake Arrowhead on November 5 and 6.
Again, thank you for your cooperation in this endeavor. We look forward to
finding a solution that is equitable to both the cities and the County.
"
L'
. JOHNJOYN
Chairman
Board of Supervisors
/
,/
"
cc:
Supervisor Robert L. Hammock
Harry M. Mays
-,,:'
San Bernardino County Government Center. 385 North Arrowhead Avenue. San Bernardino. CA 92415-0110 . (714) 387-48301