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13. Resolution 4331 - Municipal Court Budget AuthorityAgenda -April 28, 1997 AGENDA ITEM 13 - RESOLUTION -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 field 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 problem 's if from the Fire Engine Replacement Fund (balance $62,397). Agenda -April 28, 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. 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 _j_ 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 Page 1