|
327
<br />
<br /> ~ August 14, 1990
<br />
<br />9 ]35 - Letter fr~m the Deputy City Manager ~recommending
<br />ado~ti of an ordinance adopting modifications to the City's
<br />Crimin Code sections deleting the Class 1 and 2 misdemeanors
<br />(exclu ~g~th0se in~olving traf'fic violations) which~mirror State
<br />Code.
<br />
<br /> ~ moist criminal ~lsdemeanor cases, the'State ~od~ permits
<br />the Ci ' i
<br /> ~to m~rror~ the~state statutes in our City Code% When an
<br />offend
<br /> is charged uhd~r a City ordinance,~the~fines.~a~e revenue.
<br />tO the ity. Similarly~- when an offender~is charged~n~er a stat~
<br />sta~ut the fines are ~orwarded to the state treasury.
<br />
<br /> ~ently, when ail four classes of misdemeanors a~e
<br /> ~d, the City shows a financial gain from the imposed
<br /> Class 1 and 2 misdemeanors, however, consistently cost
<br /> moneywhen~a defense attorney is provided, and the City
<br /> ~imbursed for the cost of the attorney~when the person is
<br /> guilty. During the period of Suly 1988 through June
<br /> ~ C~ty recovered only twenty-eight percentof the
<br /> fees which should have bee~ reimbursed~ This, combined
<br /> cases3wh~ch were d~smissed as welCh, as fines not paid,
<br /> ~n a net loss of $25,700.
<br />~ F the financial standpoint, the most beneficial action fo~
<br />the Ci is to delete Class 1 and 2 misdemeanors (exclUding those
<br />invglv ~ traffic violations) whic~ mirror the State Co~e. The
<br />Direct of Budget and A~counting nas re.commended~'the above
<br />action ~nd he further' recommends that $25,700 which will be
<br />saved, be. transferred from the Court Appointed Attornev~ fees line
<br />to ~he ~ergency Budget:Contingency.
<br />
<br />and Ac --~ · .... ~' .....
<br /> · I Oncur with. the ~ecommendation of the Director of Budget
<br /> ~ntigg ~nd urge-the City-Council adopt the-~modi~ications
<br />to the ity s criminal code sect'ions regarding Class 1 and 2
<br />misdemeanors. Persons violating these secti'ons will.still be
<br />proSecRted, but under the State Code rather than the City Code.
<br />The~ef~, I recommend that City Council adopt, the propQsed
<br />ordSnabce and approve the transfer indicated above."
<br />
<br /> ;~ MQ%ion of Mr. ~King and seconded by Mr. Clemons, the followinc
<br /> was adopted and by the following vote:'
<br />
<br />ORDINANCE TO AMEND CHAPTER 24 OF THE CODE OF THE CITY
<br />PORTSMOUTH, VIRGINIA, 1988, BY AMENDING SECTION 24-94(A)
<br />'BY REPEALING SECTIONS 24-1, 24-2,24-7,24-37 THROUGH
<br />~2, 24-44, ~24-69, 24~2, 24-77, 24-78,~ 24-134 THROUGH
<br />[36, 24-171, 2~174 THROUGH 24-176,~4--~196 THRCUGH
<br />~04~;24~206,_ 2~-,209, :24-~t'0, 2~-226 THROUGH~2~-228,
<br />Z49, 24-251, 24-253, 24-257, 24-276(B), 24-277, 24-279,
<br />~82, 24-285 THROUGH 24-288, 24-290 THROUGH 24-293, 24-311
<br />~t2, 24-314-THROUGH 24-316, 24-320, 24-323, 2~-325,
<br />R29, 24-331 -THROUGH 24-335, 24-356, 24-358 -THROUGH 24-371
<br />~96 THROUGH 24-399,AND 24-416 THROUGH ~4-4~9 THEREOF,
<br /> TO OFFENSES AND MISCELLANEOUS PROVISIONS."
<br />
<br />Clemons, Corprew, Epperson, Hawks, King, Lucas, Webb
<br />None
<br />
<br />]36~- Letter f~om the'~Dep~ty City Manager recommending
<br />~0f'%n'or~i~affc% autMOPizing the issuance of $17,615,000
<br /> utility'General Obligat.ion Bonds and to place the
<br /> the'November 6, 199.0 general election-batl~t.
<br />
<br />
<br />
|