Explanation
On May 13, 2002, pursuant to Ordinance No. 0774-2002, the Columbus City Council authorized the appropriation and transfer of administrative fees that had been previously collected for the City Attorney Criminal Diversion Program to a special revenue fund to allow the expenditure of those funds to offset the costs of the Bad Check and Diversion Programs. The purpose of Ordinance No. 0146-2011 is to clarify that the City Attorney also has the authority to impose, collect, and remit administrative fees in conjunction with the traffic aspect of the Diversion Program as well since no reference was specifically made to the Traffic Diversion Program in the original legislation. Further, this legislation will identify what expenditures are deemed to be appropriate under this program.
Fiscal Impact: None.
Emergency Measure: This ordinance is being submitted as an emergency so that the authority of the City Attorney with respect to this program is clarified at the earliest possible opportunity.
Title
To amend Ord. No. 0774-2002 to specifically authorize the City Attorney to impose, collect, and remit to the City of Columbus administrative fees to offset the administrative costs incurred by the Criminal and Traffic Diversion Program operated by the City Attorney; and to declare an emergency.
Body
WHEREAS, Ordinance No. 0774-2002 authorized the transfer and appropriation of administrative fees collected by the City Attorney's Criminal Diversion Program to a special revenue fund to allow the expenditure of those funds to offset the costs of the Bad Check and Diversion Programs; and
WHEREAS, the purpose of this ordinance is to clarify that the intention of Ordinance No. 0774-2002 was to allow the City Attorney to impose, collect, and remit to the City of Columbus administrative fees to offset the administrative costs incurred by the Criminal and Traffic Diversion Program since Ord. No. 0774-2002 does not make express reference to the Traffic Diversion Program, resulting in some confusion concerning the labeling and use of the special revenue fund; and
WHEREAS, an emergency exists in the usual daily operation of the City in that it is immediately necessary to amend the above-mentioned ordinance in order to clarify the authority of the City Attorney at the earliest possible date; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. That Section 2 of Ordinance No. 0774-2002 is amended to add the following language:
That the City Attorney be and hereby is authorized and directed to impose, collect, and remit to the Columbus City Treasurer administrative fees in accordance with a schedule established by the City Attorney, as the same may be amended from time to time, for individuals who participate in the Criminal and Traffic Diversion Program. The City Attorney shall collect and remit all such fees imposed to the Columbus City Treasurer, which shall be deposited to the the following special revenue fund: Department 24-01; fund 223; sub-fund 134; OCA Code 233134; Obj. Level 03 0886. All monies recieved by the City from such sources and deposited in said Fund from time to time are hereby deemed to be appropriated and authorized to be expended for purposes relating to the Criminal and Traffic Diversion Program.
SECTION 2. That for the reasons stated in the preamble hereto, which is 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 its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.