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1992 021 Resolution
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1992 021 Resolution
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Last modified
11/19/2018 4:02:37 PM
Creation date
8/27/2018 9:51:45 AM
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Legislation-Meeting Minutes
Document Type
Resolution
Number
021
Year
1992
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.•, . .. <br />DEEtATED'6 I 15 /92 <br />: RESOLUTION NO. 92- 21 <br />INTRODUCED BY: Mayor Pietrafese and Council as a Whole <br />A RESOLUTION <br />URGING THE OHIO SENATE TO DEFEAT HOUSE BILL 314 AND <br />GOVERNOR VOINOVICH TO VETO SAID BILL WHICH REQUIRES <br />MAYOR'S COURTS TO PAY FOR OPERATING DEFICITS <br />INCURRED BY MUNICIPAL COURTS <br />WHEREAS, the responsibility for municipal court operating <br />deficits now lies with the city in which the court is located; and <br />WHEREAS, under House Bill 314 the greatest responsibility to <br />pay the cost of a municipal court operating deficit shifts from the <br />city in which the municipal court is located to cities with mayor's <br />courts; and <br />WHEREAS, House Bill 314 requires mayor's courts to pay the <br />host city half of all the money it collects including the bail it <br />collects, even though mayor's courts must return 100% of the bail <br />to the defendant after the case is concluded thereby causing <br />mayor's courts a 50% out of pocket expense; and <br />WHEREAS, mayor's courts are already required to send more than <br />half the court costs collected to the State of Ohio, House Bill 314 <br />ear marks 50% of the mayor's court costs for the municipal court <br />leaving the mayor's court paying out more than 100% of the court <br />costs it collects plus 50% of fines, fees and bail; and <br />WHEREAS, House Bill 314 is also inequitable because it shifts <br />the burden of operating losses from the host city which has some <br />control over municipal court spending to cities with mayor's courts <br />which have no control over municipal court spending; and <br />WHEREAS, House Bill 314 is also inequitable because fines and <br />costs from criminal cases in mayor's court subsidize the cost of <br />administering civil cases in municipal court; and <br />WHEREAS, under House Bill 314, the host city which derives <br />benefits from having the municipal court located in its city would <br />not be required to contribute any money beyond the fines and costs <br />collected to cover an operating deficit unless one-half of the <br />mayor's court money wouldn't be enough to cover the deficit; and <br />WHEREAS, House Bill 314 would effectively put mayor's courts <br />out of business. <br />NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO, THAT: SECTION 1. That the Mayor and Council of the Village of <br />Mayfield urge the Ohio Senate to take whatever legislative action <br />, that is necessary to defeat House Bill 314.
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