HomeMy WebLinkAboutOrdinance 23917-11-2019 Ordinance No. 23917-11-2019
AN ORDINANCE DECREASING APPROPRIATIONS IN THE MUNICIPAL COURT
DEPARTMENT BUDGET OF THE GENERAL FUND BY $106,990.83 AND INCREASING
APPROPRIATIONS IN THE CITY ATTORNEY'S OFFICE BUDGET OF THE GENERAL
FUND BY THE SAME AMOUNT TO REFLECT THE REASSIGNMENT OF
RESPONSIBILITIES FOR CREATION OF MUNICIPAL COURT COMPLAINTS;
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 the operating budget of the City of Fort Worth for Fiscal Year 2019- 2020, as enacted by Ordinance
23835-09-2019, as amended, is hereby further amended to reduce appropriations in the Municipal Court
Department Budget of the General Fund by $106,990.83, and to increase appropriations in the City
Attorney's Office Budget of the General Fund by the same amount to reflect the transfer of two clerk
positions in connection with the reassignment of responsibilities for the creation of Complaints in Municipal
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. 23835-09-2019 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said prior ordinances and appropriations are hereby expressly repealed.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 be effective October 1, 2019.
APPR D A TO FORM AND LEGALITY: CITY ECRETAR
Denis cElroy ary J. Kay r
Assistant City Atto O
ADOPTED: November 12, 2019 F0Rp
EFFECTIVE: October 11 2019 O�C ,..• O
�XAS
City of Fort Worth,Texas
Mayor and Council Communication
DATE: 11/12/19 M&C FILE NUMBER: M&C 19-0294
LOG NAME: 12MC COMPLAINT TRANSFER TO LAW
SUBJECT
Adopt Appropriation Ordinance Related to the Transfer of Two Positions from the Municipal Court Department to the City Attorney's Office to
Reflect the Reassignment of Responsibilities for Creation of Certain Municipal Court Complaints(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached supplemental appropriation ordinance increasing appropriations in the City Attorney
Office's portion of the General Fund in the amount of$106,990.83 and reducing the Municipal Court Departments appropriations by the same
amount to reflect the transfer of two clerk positions in connection with the reassignment of responsibilities for the creation of certain Complaints in
Municipal Court,with such ordinance to be effective October 1,2019.
DISCUSSION:
The purpose of this Mayor and Council Communication(M&C)is to revise the Fiscal Year(FY)2020 budget to shift funding from the Municipal
Court Department to the City Attorney's Office in connection with reassignment of responsibility for generating certain charging instruments
(complaints)in Municipal Court.
Historically,staff in the Clerk's Office of the Municipal Court Department has been responsible for generating the charging instruments,known as
complaints,that initiate the prosecution process in Municipal Court.
Recently staff in the Fort Worth Municipal Court Department expressed concerns with this approach when it comes to complaints associated with
citations that do not contain all necessary information as the approach is inconsistent with the neutral role of the court. It was proposed that the
responsibility for processing complaints related to incomplete citations be shifted to the City Attorney's Office,which is otherwise responsible for
the prosecution of citations. The City Attorney's Office agreed to assume responsibility for handling this process with the understanding and
agreement among staff that budget for two clerk positions would be reduced from the Municipal Court Department and added to the City Attorney's
Office.
The FY2020 budget did not reflect the shift of the funds from the Municipal Court Department to the City Attorney's Office as a pilot project was
being conducted to evaluate the impact of shifting the duties. Therefore the Budget still includes the funding for the two complaint clerk positions
within the budget of the Municipal Court Department.
Approval of this M&C and adoption of the attached ordinance will revise the FY2020 budget to shift funding for two clerk positions from the
Municipal Court to the City Attorney's Office. These changes are financially neutral and do not represent any increase or decrease to the overall
General Fund budget.
A Form 1295 is not required because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that following approval of this M&C and adoption of the attached ordinance funds will be available in the City
Attorney's Office portion of the General Fund,as appropriated,and approval of the recommendation will have no material effect on City funds due
to a corresponding decrease in the Municipal Court portion of the General Fund,as appropriated.
Submitted for City Manager's Office by: ALL ACMs 6222
Originating Business Unit Head: Sarah Fullenwider 7623
Additional Information Contact: Sarah Fullenwider 7623