HomeMy WebLinkAboutOrdinance 19972-11-2011Ordinance No. 19972-11-2011
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE JUVENILE CASE MANAGER PROJECT SECTION OF
THE SPECIAL TRUST FUND IN THE AMOUNT OF $56,604.33, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE
GENERAL FUND TO OFFSET COSTS ASSOCIATED WITH THE SCHOOL
ATTENDANCE COURT; PROVIDING FOR A SEVERABILITY CLAUSE; MAKING
THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for Fiscal Year 2011 -2012 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the
Juvenile Case Manager Project section of the Special Trust Fund in the amount of $56,604.33, from
available funds, for the purpose of transferring said funds to the General Fund to offset costs associated with
the School Attendance Court.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or
void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 19911 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVEP, AS, TO FORM AND LEGALITY:
Assistan' t City A rney
ADOPTED AND FFFF.CTIVE: November 15, 2011
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL" ACTION: Approved on 11115/2011 - Ordinance No. 19972 -11 -2011
DATE: Tuesday, November 15, 2011
LOG NAME: 38FWISD11
REFERENCE NO.: **C-25284
SUBJECT:
Authorize Execution of an Interlocal Agreement with the Fort Worth Independent School District for
Operation of the School Attendance Court in Fiscal Year 2011 -2012, Authorize Acceptance of
Reimbursement from the Fort Worth Independent School District of $470,300.84, Adopt Appropriation
Ordinance and Authorize Transfer of $56,604.33 from the Special Trust Fund to the General Fund (ALL
COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of an Interlocal Agreement with the Fort Worth Independent School District for
the city to provide a School Attendance Court to adjudicate Fort Worth Independent School District
truancy cases for an estimated amount of $650,651.67;
2. Authorize acceptance of reimbursement from the Fort Worth Independent School District for an
estimated amount of $470,300.84 for personnel and other costs related to the operational of the School
Attendance Court in Fiscal Year 2011 -2012;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Special Trust Fund, Juvenile Case Manager Project by $56,604.33 from available funds; and
4 . Authorize transfer of $56,604.33 from the Special Trust Fund, Juvenile Case Manager Project to the
General Fund.
DISCUSSION:
The Comprehensive Truancy Intervention Program is a joint effort of the Fort Worth Independent School
District ( FWISD), the Tarrant County District Attorney's Office and the Fort Worth Police Department. The
Program is designed to aggressively address the truancy problem and includes various efforts by FWISD
to encourage school attendance. Student truancy can result in Class C misdemeanor court cases filed
against students and their parents.
The FWISD requested that the City provide an Attendance Court dedicated to hear truancy cases
only. Since establishment of the School Attendance Court (SAC) on February 20, 2001 (M&C C- 18472),
all FWISD truancy cases for students residing within the City have been processed in this dedicated
municipal court. The City and the School District have entered into a series of Interlocal Agreements to
outline the responsibilities of each party with respect to operation of the Attendance Court.
For Fiscal Year 2011 -2012, the operational cost for SAC will be $650,651.67, with reimbursement of
$470,300.84 from the FWISD. The proposed agreement for 2011 -2012 provides that:
Logname: 38FWISDII Page 1 of
1. The Attendance Court established under the Fort Worth Municipal Court will have primary
jurisdiction over all FWISD student truancy cases for FWISD students residing within the City;
2. Using money from the Juvenile Case Manager Fund that was established in accordance with M &C
G -17018 and Ordinance 19274 -08 -2010, the City will pay the full salary and part of the benefits for
one Customer Service Representative (CSR) and will also pay part of the benefits for one Senior
CSR and one Senior Human Services Specialist;
3. The City will absorb the full cost for the salary and benefits of one deputy marshal and part of the
cost of the benefits for the other three assigned deputy marshals as well as the assigned judge;
4. FWISD will fund all other costs associated with the operation of the School Attendance Court;
5. Any fines collected from truancy violations will be allocated between the FWISD and the City in
accordance with state law;
6. FWISD will, at its sole cost and expense, provide space at FWISD -owned property within the City of
Fort Worth conforming to accepted courtroom standards for conducting SAC proceedings and
related activities and shall provide court personnel access to the facilities being provided; and
7. The term of this Agreement is for a period beginning on October 1, 2011 and ending September 30,
2012.
Historically, FWISD has reimbursed the City for all personnel and non - computer operational costs
associated with implementation and operation of the SAC. However, due to financial pressures on the
FWISD budget, City and FWISD staff have worked together in an effort to reduce and reallocate costs to
ensure the continued operation of the dedicated SAC.
Under the revised operational model, FWISD will reimburse $470,300.84 of the total cost of
$650,651.67. The unreimbursed cost totals $180,350.83. Of this amount, $56,604.33 will be paid from
the Juvenile Case Manager Fund, which is generated by a fee paid on misdemeanor convictions in
Municipal Court and can be used to pay the salary and benefits for individuals who work on truancy
cases. This amount will cover the salary cost of one CSR and part of the benefit costs for this CSR as
well as the other two juvenile case manager /clerk positions (the remaining benefit and salary costs are
included in the FWISD reimbursement amount).
The remaining funding gap of $123,764.50 will be absorbed by the General Fund and includes partial
benefit costs for the assigned judge and three deputy marshals as well as full salary and benefits for a
fourth deputy marshal, whose presence is necessary to provide for continued safe operation of the court.
In total, the revised operational model eliminates or reallocates three positions that were previously paid
for by the FWISD - the previously mentioned CSR, the fourth deputy marshal, and a human services
specialist. Two of these positions are being reallocated under other funding sources. The third position of
human service specialist is being eliminated entirely. The individuals who hold eliminated positions will be
reassigned to other vacant General Fund positions. The FWISD- reimbursed positions will be held vacant
for the remainder of Fiscal Year 2012 and eliminated as part of the Fiscal Year 2013 budget.
As a result of the reduced and reallocated staffing, FWISD has agreed to a reduction in the maximum
number of cases that can be filed - from 4,800 to 4,000. As in previous years agreements, if FWISD
wishes to file cases in excess of this cap, the district will be required to provide additional reimbursement
at a rate of 1 percent of the adopted budget per 100 additional cases.
The Interlocal Agreement was approved by the FWISD School Board on September 27, 2011.
Logname: 38FWISDI I Page 2 of 3
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund. The Municipal Court Department is responsible for the
collection and deposit of funds due to the City.
FUND CENTERS:
TO Fund /Account/Centers
2) GG01 431120 0381000
3) FE72 431028 038535020000
3) FE72 538070 03853502000
4) GG01 472702 0381000
CERTIFICATIONS:
FROM Fund /Account/Centers
$470,300.84 1) GG01 5VARIOUS 0381010
$56,604.33 4) FE72 537080 038535020000
$56,604.33
$56,604.33
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
Logname: 38FWISDI I
Charles Daniels (6183)
Deidra Emerson (6711)
William Rumuly (6736)
$650,651.67
$56.604.33
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