08/07/2012 Meeting Minutes - Laserfiche WebLink

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Council Minutes of 08-07-12 ., evening was that the judge sends the defendant to the prosecutor. That's not what happens at all. When someone has a question about a case, it goes to probation. They screen mental health, recidivism risk, etc. to see what people need. The offenders not being directed to Rocky River probation are not going to get these services. Nash said another area that will be impacted is the North Olmsted jail. North Olmsted may have more people in their jail as a result of a Mayor's Court, and this can cost the city more money. She emphasized that people will want to keep more cases in Mayor's Court to make more revenue. Councilman Kearney asked Nash if first time offenders see her and she said yes. She explained how the process works with first time offenders. Councilman Mahoney asked Nash if the fines for first-time OVI offenders are significantly higher than typical traffic fines and she said usually; a lot of people don't pay. Councilman Mahoney said in a Mayor's Court, a Magistrate would still have the opportunity to decide whether or not someone should plead down to a reckless operation and Nash said correct. Councilman Mahoney said in Rocky River Court, this would be in front of a full-time lawyer/Magistrate trained and experienced in that type of thing and Nash said correct. Mahoney asked what type of probation services are offered to someone in Mayor's Court and Nash said you won't have any, there's none. You can send people to a three-day driver intervention program, etc. There is no "safety net" where someone interviews them, watches them or does a lot of screening. Councilman Mahoney asked Nash to review again what services are available to a first-time offender for an OVI and she reviewed the process again (interview, risk assessment for recidivism, etc.). Mayor Kennedy asked Nash if her studies were scientific or if they pulled random cases. Nash said they pulled 200 cases. Kennedy asked if they compared their numbers to any other courts to see if they numbers were good and Nash said their overall recidivism rate is 26% of all clients and Cuyahoga County through the Dept. of Rehabilitation and Correction is 35%. In municipal courts, no one does these studies so she had nothing to compare it to; she did the best she could. Mayor Kennedy said it's not just about the money. North Olmsted already has a facility. It's about efficiency - having a night court where our ticket holders and residents do not have to take a half day off of work. It's also about charging less for tickets. It's North Olmsted officers writing tickets, the city's cars, the city's roads, the city's lights; North Olmsted pays for everything. If North Olmsted cases are 35% of Rocky River Court, it takes Rocky River 12 full-time employees and 8 or 9 part-time employees. Ask these residents of North Olmsted, is that the best use of your money? North Olmsted can do it with one full-time employee and three part-time employees. Mayor Kennedy said Nash brought up a notion that Rocky River Court keeps prices lower at Great Northern Mall? Nash said not really. Mayor Kennedy said that's what was brought up and how does Rocky River Court do that? Mayor Kennedy stated that North Olmsted will have a fully trained Magistrate, much like is seen in Rocky River Court. If the Magistrate and Prosecutor -who is an employee of the Law Director, not the Mayor -feels that a first time OVI offender is better suited in Rocky River Court, they will be sent to Rocky River Court. It is North Olmsted's right as a city to handle these cases. It is his duty as Mayor to find efficiencies in the city. This is expected by the residents. Mayor Kennedy said he knows this is hard for Rocky River, but sometimes change needs to happen. Nash said the city will lose the experts that will intervene on a problem, more people will be in North Olmsted's jail and ~,, it will be a bigger cost to the city. Councilwoman Williamson said it seems Nash is 4