12. Resolution 4331 - Municipal Court Budget AuthorityAgenda -May 5, 1997
AGENDA ITEM 12 - RESOLUTION 4331-MUNICIPAL COURT BUDGET AUTHORITY
BACKGROUND/CONSIDERATION: Upon review of the current budget
expenditures, it is very evident that the Court budget will be
"overspent". I have notified Judge Ulbricht, via memo that it is
apparent that we need additional appropriations for this account.
Due to the budget regulations that hold any officer personally
responsible (with a four fold factor) for any claims authorized
over the budgeted amount. The Finance Director and I have "held"
the claims submitted to us for the last meeting. These claims
total approximately $4,000. After reviewing the budget run of
4/18/97, there is $21,300 left in this account. I project
approximately $24,000 needed for the balance of the year for
salaries only). This overrun is due to additional costs for a new
Court Clerk, training time that overlaps the retiring clerk's
remaining time, and the "payout" for the retiring clerk. With this
overrun, the pending claims of $4,000, and a quarter left to
operate, I am roughly estimating $10-13,000 additional funds will
need to be appropriated. Judge Ulbricht has not yet presented her
estimates to me to review.
The problem is, where do we appropriate these funds from? We have
reviewed potential areas for this transfer. Although I reluctantly
make this suggestion, it appears the only place we can take these
funds from without creating other budgeting problems is from the
Fire Engine Replacement Fund (balance $62,397).
Agenda -May 5, 1997
RECOMMENDATION: Although I am reluctant to take funds from another
department, I recommend an appropriation be authorized to enable
the Municipal Court operation to continue through the budget year.
The Judge does have authority to obtain a court order to operate.
If a court order is issued, we as public officials are no longer
responsible/accountable for the claims overrun.
ACTION REQUIRED: The resolution needs to be passed to authorized
the additional spending by the Municipal Court.
RESOLUTION NO.-433-L-
A RESOLUTION TO APPROVE A TRANSFER AMONG APPROPRIATIONS WITHIN A
GENERAL CLASSIFICATION OF EXPENDITURES AS ADOPTED BY THE CITY OF
KALISPELL BUDGET FOR 1997 FISCAL YEAR.
WHEREAS, in the budget adopted by the City of Kalispell for the
1997 fiscal year, certain detailed and itemized estimates
of expenditures for salaries, jury fees and legal fees in
the office of the Municipal Judge of the City have proven
inaccurate in the operation of the Judge's office for the
1997 fiscal year, and
WHEREAS, the overall expenditures of the Municipal Judge are
currently not in excess of the total of such estimates of
expenditures adopted in the City's budget for the 1997
fiscal year, however, it does appear that the total of
the budgeted appropriations in said classification will
exceed such estimate for the balance of the 1997 fiscal
year, and
.- WHEREAS, further, other General Fund classifications will have
appropriations in excess of expenditures and said excess
appropriations may be utilized, so that, the Municipal
Judge's Budget appropriation is not exceeded by
expenditures, and
WHEREAS, under the authority granted the Council by law to make
transfers _or revisions within a general budgetary
classification.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
KALISPELL, AS FOLLOWS:
SECTION I. That the following transfers within the
classification set forth in the City budget
for the 1997 fiscal year should be made as set
forth in Exhibit "A", attached hereto and by
this reference made a part hereof.
j:\wp\res\budget transfer _l_
PASSED AND APPROVED BY THE CITY COUNCIL AND MAYOR OF THE CITY OF
KALISPELL, THIS DAY APRIL, 1997.
Douglas D. Rauthe - Mayor
Attest:
Debbie Gifford, CMC
Clerk of Council
j:\wp\res\budget transfer _2_
BUDGET TRANSFER
TO:
Mun.icip-al_ Judge
110 Salaries
351 Legal Fees
394 Jury Fees
940 Machinery &
Equipment
j:\wp\res\budget transfer _3_
1000 406 410360
$ 1,000.00
$ 6,500.00
$ 4,000.00
1000 416 4,20400
April 24, 1997
To: Kalispell City Council
From: Judge Heidi Ulbrich
Re: Budget estimated to fund Municipal Court through June 30, 1997
Resolving the problems with the Municipal Court's computer program, the retirement of one of
the court's clerks, and the hiring of a full time assistant city attorney has resulted in the need for
additional funds for the remainder of the fiscal year.
In December 1996, I notified you of the enormous data processing that had resulted from the lack
of a functional computer program. The Court received a substantial portion of the program in
February 1997, and I have continued to work with the programmer since then to refine the
system.
Our existing court clerk, whose responsibilities include the majority of the data processing,
announced her retirement at the end of April 1997. Although the clerk of court and I have spent
many hours helping the court clerk catch up with the data processing, you recognized at the
workshop in December, additional help would be needed to fulfill the Supreme Court's reporting
requirements.
f
The court's clerk replacement was hired on March 3, 1997 and the four of us have been working
diligently entering data for the State. We still have a long way to go, but I am confident our
resolve at completing this task will satisfy the Supreme Court. The additional expense to the
Municipal Court's budget for two city clerks for two months is approximately $3,700.00
Another need for additional funding is the City Council's decision to hire a full time assistant city
attorney. It is my understanding the decision was made so more of the police department's
citations could be prosecuted, instead of using plea agreements, and the city would benefit with an
increase in convictions. The costs of increased litigation could not be anticipated when the
Court's budget was prepared in April 1996. The Court has been on a brisk trial schedule since
the full time assistant city attorney arrived, and has experienced an increase in legal fees (Court
appointed legal counsel) and jury fees. The additional expense to the City is approximately
$6,000.00.
I believe defense attorneys will continue to test the policy to litigate rather than offer a plea to a
lesser offense and I will budget more realistically in the future. The arrival of the new assistant
attorney has improved the back log of pending jury cases by 50 percent.
Let me take this opportunity to thank you for your continued support for the court system we are
creating in Kalispell. The entire State has shown great interest in what we have accomplished to
our Court. We are becoming the model of efficiency, professionalism, and technology. While this
past year has been difficult for you and our st4 you have consistently supported continuation of
the program and have been very understanding. I thank you for your confidence.
Sheetl
EXPENSES
APRIL
MAY
JUNE
Salaries
Judge
$ 2,964.83
$ 2,964.83
$ 2,964.83
Clerk of Court
$ 1,948.25
$ 1,948.25
$ 1,948.25
Cleric I (Diane)
$ 1,491.18
Cleric I (Heidi H.)
$ 1,342.06
$ 1,342.06
$ 1,342.06
Retirement Vacation
$ 1,000.50
Overtime
$ 100.00
$ 100.00
$ 100.00
Total Salaries
$ 8,846.82
$ 6,355.14
$ 6,355.14
Office Supplies
$ 150.00
$ 150.00
Office Equip
$ 190.00
Other Supplies
Postage
$ 35.50
$ 100.00
$ 100.00
Printing
$ 184.37
Membership
Telephone
$ 50.00
$ 50.00
Legal Fees
$ 3,631.31
$ 1,300.00
$ 1,300.00
Contract Service
$ 440.00
$ 400.00
Office Equip Mtn
$ 200.00
School Travel
$ 227.38
$ -
$ 300.00
Jury
$ 1,000.00
$ 1,000.00
$ 3,500.00
Total Expenses
$ 4,518.56
$ 2,790.00
TOTAL
$ 13,365.38
$ 9,145.14
$ 9,855.14
$ 32,365.66
Remaining Budget
$ 21,300.00
Total Request
$ 11,065.66
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