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30 - Joint Municipal Court Agreement
Ordinance #30
Courts
Joint Municipal Court Agreement - Cambria, Columbus, Fall River, et al
AN ORDINANCE TO CREATE A JOINT MUNICIPAL COURT FOR THE VILLAGE OF CAMBRIA, THE CITY OF COLUMBUS, THE VILLAGE OF FALL RIVER, THE VILLAGE OF PARDEEVILLE, THE VILLAGE OF RANDOLPH, AND THE VILLAGE OF RIO.
The Village Board of the Village of Randolph, Columbia and Dodge Counties, State of Wisconsin, DOES ORDAIN AS FOLLOWS:
SECTION 1. An ordinance entitled "Joint Municipal Court" is hereby created to read as follows,
JOINT MUNICIPAL COURT
1. Joint Municipal Court Created. Pursuant to Chapter 755, Wisconsin Statutes, there is hereby created and established a Municipal Court designated "Joint Municipal Court for the Village of Cambria, the City of Columbus, the Village of Fall River, the Village of Pardeeville, the Village of Randolph, and the Village of Rio," (hereinafter aka. "Joint Municipal Court" or "Joint Municipal Court for Eastern Columbia County") presided over by a Municipal Judge.
2. Creation of Municipal Court Committee. Each of the participating municipalities shall appoint one member and one alternate member to the Municipal. Court Committee. The purpose of said committee shall be to facilitate the orderly administration and communication between the Municipal Judge and the participating municipalities.
3. Creation and Qualifications of the Position of Municipal Judge. Pursuant to Chapter 755, Wisconsin Statutes, the office of Municipal Judge is hereby created. Eligibility for the office of Municipal Judge shall be as follows - "To be eligible for the office of Municipal Judge a person must be a qualified elector in either the Village of Cambria or the City of Columbus, or the Village of Fall River, or the Village of Pardeeville, or the Village of Randolph, or the Village of Rio.
4. Election and Term of Municipal Judge. The appointed Judge must run for election at large the following spring election, for a two (2) year term, commencing on May 1 succeeding his or her election. Electors of the Village of Cambria, and the City of Columbus, and the Village of Fall River, and the Village of Pardeeville, and the Village of Randolph, and the Village of Rio, shall be eligible to vote for the Municipal Judge-of the Joint Municipal Court.
5. Creation of the Position of Clerk of the Municipal Court. Pursuant to Chapter 755, Wisconsin Statutes, the office of Clerk of the Municipal Court is hereby created. Said clerk shall take the position upon appointment by the Municipal Judge. Training and compensation of said clerk shall be as determined by the Municipal Court Committee.
6. Salary of Municipal Judge. The Municipal Judge shall receive a fixed salary and Municipal Judge's training pursuant to Section 755.18, Wisconsin Statutes, the salary to be determined by the Municipal Court Committee, subject to Section 755.04, Wisconsin Statutes, which shall be in lieu of fees and costs. The salary shall be paid quarterly. No salary shall be paid to the Municipal Judge for any time during his or her term for which he or she has not executed and filed the official bond and oath as required by subsection (5) of this section
7. Bond and Oath of Municipal Judge. The Municipal Judge shall, after election or appointment to fill a vacancy, take and file the Official oath as prescribed in Section 757.02 (1), Wisconsin Statutes, pursuant to Section 755.03, Wisconsin Statutes, with the Clerk of the Circuit Court for Columbia County, and at the same time shall execute and file an official bond.
8. Bond and Oath of Municipal Court Clerk. The Municipal Court Clerk shall, before entering upon the duties of the office, take and file the official oath as prescribed in section 19.01, Wisconsin Statutes, with the Village Clerk of the Village of Cambria and at the same time, shall execute and file an official bond. Cambria Village Clerk will provide file copies to the other five communities.
9. Jurisdiction of Municipal Judge. The Municipal Judge shall have jurisdiction as provided by the Statutes and Laws of the State of Wisconsin and pursuant to Section 755.045, Wisconsin Statutes.
10. Procedures of Joint Municipal Court.
a. The Joint Municipal Court shall be open as determined by order of the Municipal Judge.
b. The Joint Municipal Court shall be held in the Community Room which is located in the Village of Cambria Municipal Building, provided that the Joint Municipal Judge may order that the Joint Municipal Court may be held in an alternate public building within the Village of Cambria, or the City of Columbus, or the or the Village of Fall River, or the Village of Pardeeville, or the Village of Randolph, or the Village of Rio.
c. The procedure in Joint Municipal Court shall be as provided by the Statutes and Laws of Wisconsin.
d. The Municipal Judge and/ or his designated Court Clerk shall make daily deposits of all forfeitures, fees, penalties, assessments and costs collected in any action or proceeding before the Joint Municipal Court. These deposits will be made to a designated bank account as determined by the Joint Municipal Court Committee.
11. Contempt in Joint Municipal Court The Municipal Judge may impose a sanction as authorized under Section 800.12 (2), Wisconsin Statutes, for Contempt of Court as defined in Section 785.01 (1). Wisconsin Statutes, in accordance with the procedures under Section 785.03, Wisconsin Statutes.
SECTION 2. All ordinances or parts of ordinances contravening or inconsistent with the provisions of this ordinance be and are hereby repealed.
SECTION 3. Each City or Village shall enter into agreement for the operation of the Municipal Court, with the other Municipalities upon mutually agreeable terms.
SECTION 4. This ordinance shall take effect and be in full force and effect from and after its passage by all municipalities and publication as required by law.
AGREEMENT FOR THE OPERATION OF THE JOINT MUNICIPAL COURT FOR EASTERN COLUMBIA COUNTY (Sec. 66.30 Wis. Stats.)
AGREEMENT, entered into (date) By and between the Village of Cambria, the City of Columbus, the Village of Pardeeville, the Village of Randolph, and the Village of Rio, all being municipal corporations organized and existing under the laws of the State of Wisconsin, hereinafter referred to as the "Member Municipalities."
WHEREAS Section 755.01 (1) Wis. Stats. provides that any municipality may establish a municipal court to be maintained at the expense of the municipality, and
WHEREAS Section 755.01 (4) Wis. Stats. provides that two or more cities, towns or villages may enter into an agreement under Section 66.30 Wis. Stats. for the joint exercise of the power granted under Section 755.01 (1), after enactment of identical ordinance by each affected City, Town or Village, and
WHEREAS the municipalities which are parties to this agreement have enacted identical ordinances thereby creating and establishing a municipal court to serve said municipalities, and
WHEREAS the Municipalities have expressed willingness to enter into a contract for the joint operation of said municipal court and for, the equitable sharing of the costs thereof, pursuant to Section 66-30 Wis. Stats.,
NOW THEREFORE, in consideration of the benefits to be derived by each municipality from the joint operation of the municipal court, the member municipalities contract and agree as follows:
1. GENERAL. The municipal court shall be organized and shall operate pursuant to Chapter 755 Wis. Stats., the ordinances adopted by the member municipalities, and the terms of this agreement. In the event of conflicts the provisions of Wisconsin Statutes shall prevail.
2. ORGANIZATION. Except for matters required by statute to be determined by the respective governing bodies or member municipalities, the general operation of the court shall be by the judge and the Municipal Court Committee.
3. Municipal Court Committee.
(a) Composition. The Municipal Court Committee shall be comprised of one representative of each member municipality who shall be appointed by the Mayor, President or Chairman of the member municipality, subject to confirmation by the respective governing body, and in addition, one member who shall be a police chief of a member municipality, the initial member of this class shall be the chief of police of Fall River; replaced on a yearly basis by means of rotation among the chiefs. Chiefs will rotate as follows, Fall River, Pardeeville, Randolph, Rio, Cambria and Columbus. In order to assure participation and continuity of representation, each member municipality may appoint an alternate representative who shall act on committee matters in the absence of the representative.
(b) Powers and Duties. The Municipal Court Committee shall have general control over the operation of the court, except where such control is specifically granted to the Judge or the governing bodies by statute, in which case the Municipal Court Committee shall be a recommending agency. The Municipal Court Committee shall be responsible for the initial selection of the Clerk of the municipal court, subject to appointment by Judge. The Municipal Court Committee shall recommend to the governing bodies for determination, the salary of the Judge, the number and salary of such clerks and/or deputy clerks; the schedule of court sessions; and the bail bond schedule for the court. The Municipal Court Committee shall cause appropriate bank accounts to be established for the deposit of all fees, forfeitures, assessments and costs paid into the court and shall adopt appropriate accounting procedures to insure the proper handling of said funds. The Municipal Court Committee shall, with the assistance of the Judge, prepare an annual budget for the operation of the court. The Municipal Court Committee shall cause an annual audit of Court Accounts to be completed between August 1 and August 31 of each year.
The Municipal Court Committee may establish any subcommittees necessary for the efficient operation of the Court, such as a personnel committee and/or operating committee.
(c) Voting and Procedure. The Municipal Court Committee shall be governed by Roberts Rules of Order and a majority vote of all the representatives of the Municipal Court Committee shall be required to adopt any motion or resolution. Four members or alternate members shall constitute a quorum.
4. CLERK. The initial selection of a Clerk of the Municipal Court shall be by the Municipal Court Committee. Salary and fringe benefits shall be established by the governing bodies after recommendation of the Municipal Court Committee. Pursuant to Section 755.10 Wis. Stats. The Clerk must be appointed by the Judge.
5. JUDGE'S SALARY. The salary of the Judge shall be set by the governing bodies of member municipalities.
6. FORFEITURES, PENALTY ASSESSMENTS AND COSTS.
All forfeitures, penalty assessments and costs paid to the municipal court under a judgment shall be deposited daily to a designated bank account at a financial institution selected by the Municipal Court Committee. This account, an interest bearing account, shall be established by the Municipal Court Committee as the temporary depository for Court funds. The Municipal Court Clerk shall maintain a complete record of deposits and expenditures including, without limitation, the title of the action, offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments and costs, if any. The Municipal Court Clerk shall prepare a monthly listing of the funds that are due to be disbursed as provided in sections 814.675 (1), 165-87, 167.31 (5) and 346.655, Wis. Stats. All forfeitures shall be disbursed by the Clerk at least monthly to the member municipality for which the judgment was entered.
7. BUDGET PROCESS.
(a) Time and Approval. The Municipal Court Committee and the Judge shall formulate a budget annually, no later than September 1st of each year for the next succeeding year. The members of the committee shall present said budget to their respective governing bodies for approval. The budget shall be approved annually by the governing bodies no later than November 1st Approval by a majority of the Member Municipalities shall constitute approval of the budget.
(b) Court Costs. The local share of the court costs required to be collected pursuant to Section 814.65 (1) Wis. Stats. (50%) shall be retained by the court to be applied to the operating expenses of the court.
(c) Court Operating Expenses. The net operating expenses after application of the local share of the court costs shall be charged to Member Municipality's based upon each municipalities percentage of total annual filed cases. Contributions shall be based upon the approved budget with appropriate credits and debits being made on the next succeeding billing after annual audit. Payment shall be made within 30 days of billing. Initial contributions for operating expenses for 1998 shall be based upon the average of 1996 & 1997 forfeitures based on Circuit Court records of Columbia County.
(d) Capital Expenditures and Start-up Expenses. The cost of office furniture and equipment and the initial supplies necessary to begin operations shall be shared equally by the member municipalities. Forms shall be considered operating expenses.
8. CONTRACT ADMINISTRATION AND AMENDMENTS. The affirmative vote of a majority of all member governing bodies shall be required to adopt any resolution pertaining to the operation of the court, or amending this agreement.
9. TERMINATION. Any Member Municipality may withdraw from this agreement by giving notice in writing to the Judge no later than August 31st of any year. Upon giving such notice, the Member Municipality's participation in the municipal court shall terminate at the end of the said year. No member, pursuant to Wis. Stats. 755.01 (2), may abolish the municipal court while this agreement is in effect.
Courts
Joint Municipal Court Agreement - Cambria, Columbus, Fall River, et al
AN ORDINANCE TO CREATE A JOINT MUNICIPAL COURT FOR THE VILLAGE OF CAMBRIA, THE CITY OF COLUMBUS, THE VILLAGE OF FALL RIVER, THE VILLAGE OF PARDEEVILLE, THE VILLAGE OF RANDOLPH, AND THE VILLAGE OF RIO.
The Village Board of the Village of Randolph, Columbia and Dodge Counties, State of Wisconsin, DOES ORDAIN AS FOLLOWS:
SECTION 1. An ordinance entitled "Joint Municipal Court" is hereby created to read as follows,
JOINT MUNICIPAL COURT
1. Joint Municipal Court Created. Pursuant to Chapter 755, Wisconsin Statutes, there is hereby created and established a Municipal Court designated "Joint Municipal Court for the Village of Cambria, the City of Columbus, the Village of Fall River, the Village of Pardeeville, the Village of Randolph, and the Village of Rio," (hereinafter aka. "Joint Municipal Court" or "Joint Municipal Court for Eastern Columbia County") presided over by a Municipal Judge.
2. Creation of Municipal Court Committee. Each of the participating municipalities shall appoint one member and one alternate member to the Municipal. Court Committee. The purpose of said committee shall be to facilitate the orderly administration and communication between the Municipal Judge and the participating municipalities.
3. Creation and Qualifications of the Position of Municipal Judge. Pursuant to Chapter 755, Wisconsin Statutes, the office of Municipal Judge is hereby created. Eligibility for the office of Municipal Judge shall be as follows - "To be eligible for the office of Municipal Judge a person must be a qualified elector in either the Village of Cambria or the City of Columbus, or the Village of Fall River, or the Village of Pardeeville, or the Village of Randolph, or the Village of Rio.
4. Election and Term of Municipal Judge. The appointed Judge must run for election at large the following spring election, for a two (2) year term, commencing on May 1 succeeding his or her election. Electors of the Village of Cambria, and the City of Columbus, and the Village of Fall River, and the Village of Pardeeville, and the Village of Randolph, and the Village of Rio, shall be eligible to vote for the Municipal Judge-of the Joint Municipal Court.
5. Creation of the Position of Clerk of the Municipal Court. Pursuant to Chapter 755, Wisconsin Statutes, the office of Clerk of the Municipal Court is hereby created. Said clerk shall take the position upon appointment by the Municipal Judge. Training and compensation of said clerk shall be as determined by the Municipal Court Committee.
6. Salary of Municipal Judge. The Municipal Judge shall receive a fixed salary and Municipal Judge's training pursuant to Section 755.18, Wisconsin Statutes, the salary to be determined by the Municipal Court Committee, subject to Section 755.04, Wisconsin Statutes, which shall be in lieu of fees and costs. The salary shall be paid quarterly. No salary shall be paid to the Municipal Judge for any time during his or her term for which he or she has not executed and filed the official bond and oath as required by subsection (5) of this section
7. Bond and Oath of Municipal Judge. The Municipal Judge shall, after election or appointment to fill a vacancy, take and file the Official oath as prescribed in Section 757.02 (1), Wisconsin Statutes, pursuant to Section 755.03, Wisconsin Statutes, with the Clerk of the Circuit Court for Columbia County, and at the same time shall execute and file an official bond.
8. Bond and Oath of Municipal Court Clerk. The Municipal Court Clerk shall, before entering upon the duties of the office, take and file the official oath as prescribed in section 19.01, Wisconsin Statutes, with the Village Clerk of the Village of Cambria and at the same time, shall execute and file an official bond. Cambria Village Clerk will provide file copies to the other five communities.
9. Jurisdiction of Municipal Judge. The Municipal Judge shall have jurisdiction as provided by the Statutes and Laws of the State of Wisconsin and pursuant to Section 755.045, Wisconsin Statutes.
10. Procedures of Joint Municipal Court.
a. The Joint Municipal Court shall be open as determined by order of the Municipal Judge.
b. The Joint Municipal Court shall be held in the Community Room which is located in the Village of Cambria Municipal Building, provided that the Joint Municipal Judge may order that the Joint Municipal Court may be held in an alternate public building within the Village of Cambria, or the City of Columbus, or the or the Village of Fall River, or the Village of Pardeeville, or the Village of Randolph, or the Village of Rio.
c. The procedure in Joint Municipal Court shall be as provided by the Statutes and Laws of Wisconsin.
d. The Municipal Judge and/ or his designated Court Clerk shall make daily deposits of all forfeitures, fees, penalties, assessments and costs collected in any action or proceeding before the Joint Municipal Court. These deposits will be made to a designated bank account as determined by the Joint Municipal Court Committee.
11. Contempt in Joint Municipal Court The Municipal Judge may impose a sanction as authorized under Section 800.12 (2), Wisconsin Statutes, for Contempt of Court as defined in Section 785.01 (1). Wisconsin Statutes, in accordance with the procedures under Section 785.03, Wisconsin Statutes.
SECTION 2. All ordinances or parts of ordinances contravening or inconsistent with the provisions of this ordinance be and are hereby repealed.
SECTION 3. Each City or Village shall enter into agreement for the operation of the Municipal Court, with the other Municipalities upon mutually agreeable terms.
SECTION 4. This ordinance shall take effect and be in full force and effect from and after its passage by all municipalities and publication as required by law.
AGREEMENT FOR THE OPERATION OF THE JOINT MUNICIPAL COURT FOR EASTERN COLUMBIA COUNTY (Sec. 66.30 Wis. Stats.)
AGREEMENT, entered into (date) By and between the Village of Cambria, the City of Columbus, the Village of Pardeeville, the Village of Randolph, and the Village of Rio, all being municipal corporations organized and existing under the laws of the State of Wisconsin, hereinafter referred to as the "Member Municipalities."
WHEREAS Section 755.01 (1) Wis. Stats. provides that any municipality may establish a municipal court to be maintained at the expense of the municipality, and
WHEREAS Section 755.01 (4) Wis. Stats. provides that two or more cities, towns or villages may enter into an agreement under Section 66.30 Wis. Stats. for the joint exercise of the power granted under Section 755.01 (1), after enactment of identical ordinance by each affected City, Town or Village, and
WHEREAS the municipalities which are parties to this agreement have enacted identical ordinances thereby creating and establishing a municipal court to serve said municipalities, and
WHEREAS the Municipalities have expressed willingness to enter into a contract for the joint operation of said municipal court and for, the equitable sharing of the costs thereof, pursuant to Section 66-30 Wis. Stats.,
NOW THEREFORE, in consideration of the benefits to be derived by each municipality from the joint operation of the municipal court, the member municipalities contract and agree as follows:
1. GENERAL. The municipal court shall be organized and shall operate pursuant to Chapter 755 Wis. Stats., the ordinances adopted by the member municipalities, and the terms of this agreement. In the event of conflicts the provisions of Wisconsin Statutes shall prevail.
2. ORGANIZATION. Except for matters required by statute to be determined by the respective governing bodies or member municipalities, the general operation of the court shall be by the judge and the Municipal Court Committee.
3. Municipal Court Committee.
(a) Composition. The Municipal Court Committee shall be comprised of one representative of each member municipality who shall be appointed by the Mayor, President or Chairman of the member municipality, subject to confirmation by the respective governing body, and in addition, one member who shall be a police chief of a member municipality, the initial member of this class shall be the chief of police of Fall River; replaced on a yearly basis by means of rotation among the chiefs. Chiefs will rotate as follows, Fall River, Pardeeville, Randolph, Rio, Cambria and Columbus. In order to assure participation and continuity of representation, each member municipality may appoint an alternate representative who shall act on committee matters in the absence of the representative.
(b) Powers and Duties. The Municipal Court Committee shall have general control over the operation of the court, except where such control is specifically granted to the Judge or the governing bodies by statute, in which case the Municipal Court Committee shall be a recommending agency. The Municipal Court Committee shall be responsible for the initial selection of the Clerk of the municipal court, subject to appointment by Judge. The Municipal Court Committee shall recommend to the governing bodies for determination, the salary of the Judge, the number and salary of such clerks and/or deputy clerks; the schedule of court sessions; and the bail bond schedule for the court. The Municipal Court Committee shall cause appropriate bank accounts to be established for the deposit of all fees, forfeitures, assessments and costs paid into the court and shall adopt appropriate accounting procedures to insure the proper handling of said funds. The Municipal Court Committee shall, with the assistance of the Judge, prepare an annual budget for the operation of the court. The Municipal Court Committee shall cause an annual audit of Court Accounts to be completed between August 1 and August 31 of each year.
The Municipal Court Committee may establish any subcommittees necessary for the efficient operation of the Court, such as a personnel committee and/or operating committee.
(c) Voting and Procedure. The Municipal Court Committee shall be governed by Roberts Rules of Order and a majority vote of all the representatives of the Municipal Court Committee shall be required to adopt any motion or resolution. Four members or alternate members shall constitute a quorum.
4. CLERK. The initial selection of a Clerk of the Municipal Court shall be by the Municipal Court Committee. Salary and fringe benefits shall be established by the governing bodies after recommendation of the Municipal Court Committee. Pursuant to Section 755.10 Wis. Stats. The Clerk must be appointed by the Judge.
5. JUDGE'S SALARY. The salary of the Judge shall be set by the governing bodies of member municipalities.
6. FORFEITURES, PENALTY ASSESSMENTS AND COSTS.
All forfeitures, penalty assessments and costs paid to the municipal court under a judgment shall be deposited daily to a designated bank account at a financial institution selected by the Municipal Court Committee. This account, an interest bearing account, shall be established by the Municipal Court Committee as the temporary depository for Court funds. The Municipal Court Clerk shall maintain a complete record of deposits and expenditures including, without limitation, the title of the action, offense for which a forfeiture was imposed and the total amount of the forfeiture, fees, penalty assessments and costs, if any. The Municipal Court Clerk shall prepare a monthly listing of the funds that are due to be disbursed as provided in sections 814.675 (1), 165-87, 167.31 (5) and 346.655, Wis. Stats. All forfeitures shall be disbursed by the Clerk at least monthly to the member municipality for which the judgment was entered.
7. BUDGET PROCESS.
(a) Time and Approval. The Municipal Court Committee and the Judge shall formulate a budget annually, no later than September 1st of each year for the next succeeding year. The members of the committee shall present said budget to their respective governing bodies for approval. The budget shall be approved annually by the governing bodies no later than November 1st Approval by a majority of the Member Municipalities shall constitute approval of the budget.
(b) Court Costs. The local share of the court costs required to be collected pursuant to Section 814.65 (1) Wis. Stats. (50%) shall be retained by the court to be applied to the operating expenses of the court.
(c) Court Operating Expenses. The net operating expenses after application of the local share of the court costs shall be charged to Member Municipality's based upon each municipalities percentage of total annual filed cases. Contributions shall be based upon the approved budget with appropriate credits and debits being made on the next succeeding billing after annual audit. Payment shall be made within 30 days of billing. Initial contributions for operating expenses for 1998 shall be based upon the average of 1996 & 1997 forfeitures based on Circuit Court records of Columbia County.
(d) Capital Expenditures and Start-up Expenses. The cost of office furniture and equipment and the initial supplies necessary to begin operations shall be shared equally by the member municipalities. Forms shall be considered operating expenses.
8. CONTRACT ADMINISTRATION AND AMENDMENTS. The affirmative vote of a majority of all member governing bodies shall be required to adopt any resolution pertaining to the operation of the court, or amending this agreement.
9. TERMINATION. Any Member Municipality may withdraw from this agreement by giving notice in writing to the Judge no later than August 31st of any year. Upon giving such notice, the Member Municipality's participation in the municipal court shall terminate at the end of the said year. No member, pursuant to Wis. Stats. 755.01 (2), may abolish the municipal court while this agreement is in effect.