City Council Meeting Packets

COLUMBUS COMMON COUNCIL SPECIAL MEETING AGENDA THURSDAY, SEPTEMBER 29, 2022 – 6:40 PM COLUMBUS CITY HALL 1. Roll Call 2. Pledge of Allegiance 3. Notice of Open Meeting 4. Approve Agenda 5. Correspondence & Communications New Business 1. Consider & take action to suspend the rules for Ordinance #774 -22 "An Ordinance To Repeal Article X Of Chapter 2 Of The City Code Of Ordinances Concerning The Municipal Court" 2. Consider & take action to waive the readings for Ordinance #774 -22 "An Ordinance To Repeal Article X Of Chapter 2 Of The City Code Of Ordinances Concerning The Municipal Court" 3. Consider & take action to adopt Ordinance #774 -22 "An Ordinance To Repeal Article X Of Chapter 2 Of The City Code Of Ordinances Concerning The Municipal Court" 4. Adjourn  2022 AGENDA ITEM Committee of the Whole Meeting date: ____9/29/2022_______ Council Meeting date: ____9/29/2022___________ ITEM:_Discuss Continued Operation of the Municipal Court___ DETAILED DESCRIPTION OF SUBJECT MATTER: During the presentation of the Draft Budget on September 20th, the need for the City of Columbus to carefully evaluate expenditures, programs, and amenities was discussed. During that discussion, the cost of operating an independent Municipal Court was brought up, and there was a request for staff to present additional information and identify if there are any deadlines for making decisions about the future of the Municipal Court. Staff learned that if the City wants to end the Municipal Court at the end of the Judge’s term in 2023, the Common Council will need to adopt an Ordinance to that effect before October 1, 2022. The City cannot end the Court prior to the end of the Judge’s term, and if renewed, the City would need to continue operating the Court until the end of the next judicial term of office. The City adopted the current Municipal Court Ordinance in 2018, with the Court beginning operation on May 1, 2019. Prior to that, the City was a member of a Joint Municipal Court System, the Eastern Columbia County Joint Municipal Court (ECCJMC). The State Court System website indicates that there are 229 municipal courts in Wisconsin, with 79 (34%) of these being joint court systems serving multiple municipalities. In the event the City discontinued operation of the current Municipal Court, options could include using the Columbia County Circuit Court, or exploring one of several other municipal Courts in the region that might accept the City into their system. The State Court System Website indicated, “Municipal courts have exclusive jurisdiction over ordinance violations. If a municipality does not have a municipal court, ordinance violations are heard in circuit court.” One drawback of relying on the Circuit Court for these violations is that, “In 1996, the Legislature passed a law that raised the costs associated with a citation for a municipal ordinance violation that is written to circuit court. As a result, such a citation cost $48 to $55 more than a citation to municipal court. Therefore, an individual who is ticketed for a municipal ordinance violation in a community that does not have a municipal court will have to pay about $50 more because the case will be heard in circuit court. The forfeiture amount that the municipality receives is the same regardless of which level of court hears the violation. When there is no municipal court, the municipality pays a $5 fee per citation to the circuit court to hear its ordinance violations.” Since 2020 the Municipal Court has required a subsidy from the City of between $28,476 and $50,340 annually to operate, and the most recent audit indicated the Court has a negative fund balance of $23,212. Historically, when the City was part of the ECCJMC, the Court system did not require a subsidy from the City, and the Court system occasionally paid out surplus revenue to the members of the system. Several other local Municipal Courts operate self-sufficiently as well. However, given the size of the subsidy and the gap between the Court’s non- subsidy revenue and their expenses, it does not seem feasible that the Municipal Court will be able to fund their own operations in the future unless there is some structural change such as the permanent reduction of expenses or the addition of additional revenue, likely by partnering with another municipality or municipalities. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: • Draft Ordinance Ending the Municipal Court • History of Revenue and Expenses related the City’s Court System ACTION REQUESTED OF COUNCIL: Determine best course of action, as well as next steps if an alternative should be explored.  2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 Budget 2023 Budget Municipal Fines & Forfeitures $ 41,340.00 $ 41,952.00 $ 54,775.00 $ 57,048.00 $ 61,975.00 $ 53,818.00 $ 49,758.00 $ 61,025.00 $ 57,519.00 $ 71,715.00 $ 49,129.00 $ 62,413.00 $ 45,900.00 $ 47,911.00 Other Revenue from the Court $ ‐ $ ‐ $ 10,607.00 $ ‐ $ ‐ $ 2,046.00 $ ‐ $ ‐ $ 3,800.00 $ 650.00 $ ‐ $ ‐ $ ‐ $ ‐ Total Revenue: $ 41,340.00 $ 41,952.00 $ 65,382.00 $ 57,048.00 $ 61,975.00 $ 55,864.00 $ 49,758.00 $ 61,025.00 $ 61,319.00 $ 72,365.00 $ 49,129.00 $ 62,413.00 $ 45,900.00 $ 47,911.00 Tax Subsidy for Court $ 50,340.00 $ 28,476.00 $ 31,244.00 $ 40,527.00 Total Expense: $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ ‐ $ 50,340.00 $ 28,476.00 $ 31,244.00 $ 40,527.00 Surplus/Deficit: $ 41,340.00 $ 41,952.00 $ 65,382.00 $ 57,048.00 $ 61,975.00 $ 55,864.00 $ 49,758.00 $ 61,025.00 $ 61,319.00 $ 72,365.00 $ (1,211.00) $ 33,937.00 $ 14,656.00 $ 7,384.00  CITY OF COLUMBUS ORDINANCE NO. 774-22 ______________ AN ORDINANCE TO REPEAL ARTICLE X OF CHAPTER 2 OF THE CITY CODE OF ORDINANCES CONCERNING THE MUNICIPAL COURT The Common Council of the City of Columbus, Columbia County, Wisconsin, does ordain as follows: 1. Article X – Municipal Court, and more specifically Sections 2-581 through 2-590 is repealed in its entirety. 2. The abolishment of the Municipal Court as set forth in paragraph 1 above shall take effect at the expiration of the current municipal judge’s term, that is as of May 1, 2023. 3. This Ordinance is adopted pursuant to the provisions of Section 755.01(2) of the Wisconsin Statutes. 4. Upon adoption of this Ordinance, the City Clerk is authorized and directed to transmit, if required, a certified copy of this Ordinance to the Columbia County Clerk, Clerk of Court and the director of the state courts. The City shall also comply with all statutory obligations regarding municipal court cases and records. 5. Severability. If any portion of this Ordinance or its application on any person or circumstances is held invalid, the validity of this Ordinance as a whole or any other provision herein or its application shall not be affected. Adopted this ____ day of _______________, 2022. CITY OF COLUMBUS By: ___________________________ By: __________________________ Mary Arnold, Mayor Patricia Goebel, Clerk  CERTIFICATION I, Patricia Goebel, as Clerk for the City of Columbus, do hereby certify that the attached Ordinance is a true and correct copy of Ordinance No. _____________ adopted by the Common Council for the City of Columbus, Columbia County, Wisconsin, at a meeting duly called on September 29, 2022. Dated this ____ day of _____________, 2022. ___________________________ Patricia Goebel, Clerk City of Columbus 2