08/21/2012 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 08-21-12 : Thomas O'Grady, 6328 Hastings Drive said the decision to create a Mayor's Court would be destructive to the citizens and the structure of the city's government. He asked Mayor Kennedy why the court is needed. Mayor Kennedy said he has looked at every aspect of North Olmsted government, and he will not continue to do things the same way as has been done in the past just because other people did it this way. He has created hundreds of efficiencies including Issue 34 and Mayors Court. The city already has a facility to hold court, ticket costs will be less, revenue will be kept within the city and this would be more convenient for the residents. O'Grady asked if this is financially sound; does it make sense? When he was Mayor, Finance Director Copfer disagreed with the concept of a Mayors Court. She disagreed with the idea that North Olmsted could afford to set it up or afford to operate it with a positive revenue stream. Mayor Kennedy said he has studied this and his numbers aze solid. North Olmsted is 35% of Rocky River Court, so North Olmsted is paying for I2 full time employees and 8 or 9 part time employees at Rocky River Court. North Olmsted Mayors Court will operate with one full time employee and probably 3 part time employees. O'Grady asked if this is just. What happens where there is no sepazation of powers between two branches of government? O'Grady quoted Justice Moyer and Taft regarding Mayors Courts. Councilman Mahoney made a motion to extend O'Grady's speaking time. The motion was seconded by Councilman Schumann and passed unanimously. O'Grady said there is a clear conflict between the executive function and the judicial function. There aze only two states in the union that permit Mayors Courts -Ohio and Louisiana. He asked if this court is needed and makes financial sense. Is it just? He urged Council to think about this being the right thing for the residents and best protect their interests and justice in the community. Justice Moyer called Mayors Courts "and inherent conflict of interest". Councilman Mahoney asked O'Grady if he finds the position that convenience and lower ticket costs outweighs the notion that what is really taking place is that the city is coddling crooks? Greater efficiency is actually helping the offenders. O'Grady said that's a big part of it. He reviewed his points he made earlier and concluded that the court would be a disservice to the residents and cheat them out of justice. Donna Congeni Fitzsimmons, 19687 Beachcliff Blvd., said the salaries of the employees of Rocky River Court are paid by the users of the court. Not one tax dollar is spent to pay the employees. She said first time drug/drunk drivers who have convictions outside of six years will be treated as first time offenders and given a fine in Mayors Court. In Rocky River Court, these same people would drive when an interlock on their car so the car doesn't start unless they are not using any alcohol. Many first time offenders have a serious alcohol/drug problem which is addressed in Rocky River Court. It doesn't matter whether these people are first time offenders or not. They are put on probation and tested once a month. She acknowledged Councilman Mahoney's prior question about awards and accolades, and she pointed out that Rocky River Court has an excellent probation department. Mayor Kennedy said that the Magistrate and Prosecutor will send any troubled defendants to Rocky River Court. Fitzsimmons asked how will the Magistrate know that a defendant has a drug or alcohol problem? Mayor Kennedy said you would first know from the arresting officer who runs a background check. Fitzsimmons said they screen people for drugs and alcohol right then and there. Mayor Kennedy said if a driver has a DUI in their past, they will be sent to Rocky River. Fitzsimmons asked 6 ... _..:~.. _ .,~.~, ~.. n.: _..,_ ~ .