Explanation
This ordinance authorizes the City Auditor to enter into an agreement with Franklin County to provide for the compensation of bailiffs employed by the Franklin County Municipal Court. State law requires counties to contribute two-fifths of the total compensation of municipal court bailiffs. For fiscal year 2005, the City will receive $235,556, an amount calculated from July 1, 2005 through December 31, 2005.
This ordinance is being submitted as an emergency measure so that the City can receive payment at the earliest possible date.
Title
To authorize the City Auditor to enter into an agreement with Franklin County to provide for the compensation of Franklin County Municipal Court Bailiffs in accordance with the provisions of R.C. 1901.11(C) and 1901.32(A)(1); and to declare an emergency
Body
WHEREAS, pursuant to R.C. 1901.11(C) and 1901.32(A)(1), two-fifths of the compensation for municipal court bailiffs shall come from the treasury of Franklin County, Ohio; and
WHEREAS, on May 27, 2003, Attorney General Petro issued an legal opinion indicating that a county was obligated to pay two-fifths of the compensation of all bailiffs appointed by a municipal court, absent a showing by the county that a court was acting unreasonably or abused its discretion by employing more than one bailiff; and
WHEREAS, the City of Columbus and Franklin County have agreed in principle that 16 bailiffs employed by the Franklin County Municipal Court currently fall within the purview of the above reference Revised Code provisions;
WHEREAS, the City of Columbus and Franklin County seek to enter into a written agreement to provide for the compensation of these bailiffs in accordance with state law; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to authorize the City Auditor to enter into said agreement with Franklin County without delay so that the funds are placed into the City Treasury at the earliest possible date, thereby preserving the public health, peace, property, safety, and welfare; now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That the City Auditor is authorized and directed to enter into agreement with Franklin County to provide for the county's two-fifths financial contribution to the compensation of bailiffs employed by the Franklin County Municipal Court.
Section 2. That the City Auditor is authorized and directed to deposit all amounts received from Franklin County pursuant to this agreement into the City Treasury and into such specific fund or account as he deems appropriate.
Section 3. That for the reasons stated in the preamble hereto, which are hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after passage and approval by the Mayor or ten days after passage if the Mayor neither approves nor vetoes the same.