HomeMy WebLinkAboutOrdinance 21886-09-2015 ORDINANCE NO. 21886-09-2015
AN ORDINANCE INCREASING THE ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE SPECIAL TRUST FUND, JUVENILE CASE
MANAGEMENT PROJECT, IN THE AMOUNT OF $63,952.00, FROM AVAILABLE
FUNDS, FOR THE PURPOSE OF PARTIALLY FUNDING OPERATIONAL COSTS OF
THE SCHOOL ATTENDANCE COURT; PROVIDING F A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES;
PEALING 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 2014-2015 in the
Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Special
Trust Fund, Juvenile Case Management Project, in the amount of $63,952.00, from available funds, for the
purpose of partially funding operational costs of 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. 21457-09-2014 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ordinances and appropriations are hereby expressly repealed.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.
APPROVED AS TO FORM AND LEGALITY:
is Brown, Sr. As. 'stant City Attorney ary .l. z s�� , , ,1 y retary
ADOPTED AND E,�'FECTIVE: September 15, 2015
Ordinance No. 21886-09-2015
Page 1 of 1
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Mayor and Council Communication
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COUNCIL ACTION: Approved on 9/16/2015 - Ordinance No. 21886-09-2015
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DATE: Tuesday, September, 15, 2015 REFERENCE NO.: **C-274
LOG NAME: 362016 TRUANCY COURT'
SUBJECT:
Authorize Execution of Interlocal Agreement with the Fort Worth Independent School District for
Operation of the Truancy Court fort the 2016 Contract Tear., Authorize Acceptance of Reimbursement from
the Fort Worth Independent School District of$306394.00, Adopt Appropriation (Ordinance and Authorize
Transfer of$63,592.00 from the Special Trust Fund to the General Fund (Al L. COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
I. Authorize the execution of an Interlocal Agreement with the Fort Worth Independent:School District for an
estimated amount of$546903.00 for the City to provide a Truancy Court to adjudicate truancy cases filed by
the Fort Worth lndependent School District for the 2016 Contract Term.
2„ Authorize acceptance of reimbursement from the Fort Worth Independent School District in the amount of
$306394.00.
.. Adopt the attached appropriation ord'lnance increasing the estimated receipts and appropriations in the
Special Trust Fund, Juvenile Case Management Project in the amount of$63,952.00 from available funds; an
4. Authorize the City (tanager to transfer$630952.00 from the Special Trust Furnd„ Juvenile Case Management
Project to the General Fund.
DISCUSSION:
The Comprehensive Truancy Intervention Program (Program) is a joint effort of the Fort Worth Independent
School Dlstiict(FWISD), the "Tarrant County District Attorney's Office and the Fort Worth Municipal Court
Services Department, The Program is designed as a final option to address truancy related conduct and
includes various efforts by FWISD to encourage school attendance,
'The FWISD requested that the City provide a School Attendance Court (SAC) dedicated to hear truancy cases
only. Since establishment of SAC on February 20, 2001 (M&C C•1 472), all FWISD truancy cases for students
residing within the City have been processed in this dedicated rnunicipal court. The City and FWISD have
entered into a series of InterlocM Agreements to outline the responsibilities of each party with respect to
operation of SAC.
As a result of the most recent legislative session, HB 2396 was passed providing significant reforms to hove
truant conduct is to be addressed by school districts and courts across the entire state, The most notable
change being effective September 1, 2015 to decriminalize Failure to Attend violations by students to a civil
violation of Truant conduct. Other major changes include the fallowing;
. Establishing original jurisdiction for "Truant Conduct cases and Parent Contributing to Non.-Attendance
Cases in municipal courts;
• Designation of the Court handling truant conduct cases as a Truancy Court;
• Allowing any school district in the jurisdiction of the City to request to file cases in the Truancy Court*
• Elimination of criminal fines on student Failure to Attend cases to be replaced with $50 civil court cost for
Truant Conduct;
• Parent Contributing to Student Non-Attendance will remain a criminal offense, however a reduced fine
with an enhancement scale up to $500.00 was established
• Requiring a prosecutor to review all School District requests to file a case prior to filing.
For the 2016 contract term, the estimated operational cost for the designated Truancy Court will be in the
amount of$540,903.00, with reimbursement of$308,394.00 from FWISD. The proposed Agreement for 2016
provides that:
Truancy Court, established under the Fort Worth Municipal Court® will have primary jurisdiction over all FWISD
student truancy cases for F SD students residing within the City,-
1.. Any fines collected from truancy violations will be allocated between F SD and the City, in accordance
with state law;
2. FWISD will, at its sole cost and expense, provide space at FWISIS-owns d property within the City of Fort
Worth conforming to accepted courtroom standards for conducting Truancy Court proceedings and related
activities and shall provide court personnel access t o t he facilities being provided; and
3. The term of this Agreement is for a period beginning on July 1, 2015 and ending on June 30, 2016 to end in
conjunction with the F SD budget year. This term may bee en e for multiple years based upon mutual
Agreement of the City and the FWISD.
Prior to Fiscal Year 2012, F SD had reimbursed the City for all personnel and non-computer costs associated
with implementation and operation of the Truancy Court. Currently, Staff and FWISD staff are working together
in an effort to reduce and reallocate costs and to ensure the continued operation of the Truancy Court.
Under the revised operational model for FY2016, F SD will reimburse $308,394.00 of the total cost of
$540,903.00. rei mburse cost total is in the amount of$232,509.00. Of this amount, $168,557.00 will
be paid from the Juvenile Case Manager Project and $63,952.00 will be transferred from the Juvenile Case
Manager Project to cover the costs incurred in the General Fund. The I nterlocal Agreement was approved by
the FWISD's School Board on August 25, 2015.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the General Fund and the Special Trust Fund, and will be available in the
FY 2016 budget, contingent upon adoption of the budget by the City Council. The Municipal Court
Services Department will be responsible fort e collection and deposit of funds due to the City and for
verifying the availability of funds prior to expenditures being made.
FUND CENTERS:
TO Fund/AccounVCenters FROM Fund/Account/Centers
0361000 306.394.0 Lq72 3_46.00
3j EE72 431120 038535020000 $63 952.00 $1,66,557,
41 FE72 538070 038535020000 J63e252.00 4 LEE72 _536070 038535020000
$63,952.00
CERTIFICATIONS:
.Logname: 382016 TRUANCY COURT Page 2 of 3
Rudolph Jackson (6199)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: William F. Rumuly (6711)
Logname: 382016 TRUANCY COURT Page 3 of 3