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HomeMy WebLinkAbout110215_cabs02County Administrator Briefing Session JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: David Stanko, Sheriff Joe Note, Undersheriff Kelli Greenspane, Civil Deputy DATE: November 2, 2015 SUBJECT: BRIEFING re: Proposed Ordinance to Establish Sheriff's Civil Fees and add a New Chapter in the Jefferson County Code Entitled "Sheriff's Fees" STATEMENT OF ISSUE: The Sheriff s Office is requesting a proposed ordinance to increase the current civil fees, which are based on 1992 values, to more accurately reflect present day costs of that process. ANALYSIS: Fees collected by the Sheriff do not accurately represent the costs incurred to fund the Sheriff's civil function. These fees are based on 1992 calculations and need to be updated to reflect current economic realities. FISCAL IMPACT: There is no cost to the Sheriff's Office, or the County, to implement the proposed ordinance. Any increase in fees received from conducting civil processes would be used to support the Sheriff's civil function. RECOMMENDATION: No Action needed at this time. 3p WED BY: C or A for Date STATE OF WASHINGTON County of Jefferson An Ordinance Establishing a } Ordinance No. DRAFT New Chapter of the Jefferson } -- County Code entitled } "Sheriff's Fees" } WHEREAS, the State of Washington has established in RCW 36.18.040(1) the dollar amounts a County Sheriff is authorized to collect for the service of civil process, for example, summons, complaints, subpoenas and writs; and WHEREAS, the dollar amounts currently listed in RCW 36.18.040(1) were last updated by the State Legislature in 1992; and WHEREAS, the Consumer Price Index for urban wage earners and clerical workers living and working within the U.S. cities has increased by more than sixty eight percent (68.4%) between 1992 and 2014 according to statistics compiled by the U.S. Department of Labor, Bureau of Labor Statistics, a copy of which is attached to this Ordinance as Attachment "A;" and WHEREAS, the amount collected annually in this County in civil process fees falls far short of paying for the salary of the Chief Civil Deputy of the Sheriff's Office, meaning that the general fund (with some assistance from criminal Defendants who are ordered to pay Legal Financial Obligations as part of a Judgment and Sentence) makes up that difference; and WHEREAS, the costs of service of civil process should, to the extent possible, be borne by the users of those services rather than by the County's general fund; and WHEREAS, state law, codified at RCW 36.18.040(3) authorizes a county legislative authority, in the case of Jefferson County, the Board of County Commissioners, to set amount of fees that are to be charged in order to cover the costs of administration and operation, NOW, THEREFORE, be it Ordained by the Jefferson County Board of County Commissioners as follows: Section One: There shall be added to Title 3 of the Jefferson County Code a new chapter entitled "Sheriff's Fees," the text of which is laid out below. Section Two: The Sheriff, or his or her agent, representative, deputy or employee, shall collect the following minimum fees for official services he or she renders, subject to the indexing methodology listed in Section Four below: 1. For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one (1) defendant at any location, twenty dollars Ordinance No. re: Establishing a New Chapter of the Jefferson County Code — Sheriff's Fees ($20.00) and on two (2) or more defendants at the same residence, twe IvedU OaRAFT ($25.00); 2. For making a return, ten dollars ($10.00) for each return of service; 3. For levying each writ of attachment or writ of execution upon real or personal property, fifty dollars per hour ($50.00); 4. For filing copy of writ of attachment, order of sale or writ of execution with the auditor, twenty dollars ($20.00) plus auditor's filing fee; 5. For serving writ of possession or restitution without aid of the county, forty dollars ($40.00); 6. For serving writ of possession or restitution with the aid of the county, sixty dollars ($60.00) plus fifty dollars ($50.00) for each hour after one hour; 7. For service an arrest warrant in any action or proceeding, fifty dollars ($50.00); 8. For executing any other writ or process in a civil action or proceeding, fifty dollars ($50.00) per hour; 9. For making a deed to lands sold upon execution or order of sale or other decree of the court, to be paid by the purchaser, fifty dollars ($50.00); 10. For making copies of papers when sufficient copies are not furnished, two dollars ($2.00) for the first page and one dollar ($1.00) per each additional page; 11. For service of any other document and supporting papers for which no other fee is provided herein, twenty-five dollars ($25.00); 12. For posting a notice of sale, or postponement, fifteen dollars ($15.00); 13. For certificate or bill of sale of property, or certificate of redemption, fifty dollars ($50.00); 14. For conducting a sale of property, fifty dollars ($50.00) per hour spent at the sheriff's sale; 15. For preparing notice of levy, notice of sale or notice to publisher, five dollars ($5.00); 16. For preparing affidavit of posting or affidavit of mailing, ten dollars ($10.00); 17. For fingerprinting for non -criminal purposes, fifteen dollars ($15.00) for each person for up to two (2) sets, five dollars ($5.00) for each additional set; 18. For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time. Section Three`. In addition to the fees listed in Section Two above, the Sheriff, or his or her agent, representative, deputy or employee, shall be entitled to collect with respect to rendering the services listed above for each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, the current rate per mile set by the U.S. Internal Revenue Service but in no event shall the amount collected for miles traveled be less than Ten Dollars Even ($10.00). Section Four: Beginning with the year 2017, the fees established hereby shall be adjusted annually accordingly on the first business day of January (adjustment date) by the amount of the percentage increase in the Consumer Price Index (CPIW). The CPIW is the Consumer Price Index — U.S. City Average for all Urban Wage Earners and Clerical Workers, as published by the Bureau of Labor Statistics of the United States Department of Labor. Adjustments to the Sheriff's fees shall be calculated as follows: The percentage increase in the Sheriff's fees shall be equal to the percentage increase in the CPIW between the 2 Ordinance No. re: Establishing a New Chapter of the Jefferson County Cod Sheriff's Fees Lo A F T September of two calendar years before the adjustment date and the September cal year immediately prior to the adjustment date. All fee increases shall be rounded up to the next twenty-five (25) cent increment, unless such rounding up shall constitute an increase of more than five (5) percent, in which case the fee increase will be rounded down to a lesser 25 cent increment such that the increase does not exceed five (5) percent. Section Five: Each January the revised schedule of fees will be published and made available to the public in a manner to be decided at the sole discretion of the Sheriff's Office. Section Six: Fees for service and mileage allowed under this Chapter of the Code may be recovered by the prevailing party incurring the same as court costs to the extent the prevailing party complies with RCW 36.18.040(2). Section Seven: If any section, paragraph, sentence, clause or listed fee is declared invalid, unlawful or unconstitutional for any reason, such decision shall not affect or alter the validity of the remaining portions of this Ordinance. Section EighIL The Sheriff's Office Civil Department may collect the fees authorized pursuant to this Ordinance for any services it provides beginning on the first business day after this Ordinance is adopted and approved by the County Commission. APPROVED this day of , 2015. JEFFERSON COUNTY BOARD of COMMISSIONERS SEAL: David Sullivan, Chairman Phil Johnson, Member ATTEST: Kathleen Kler, Member Carolyn Avery, Deputy Clerk of the Board Approved as to form only: David Alvarez, Deputy Prosecuting Attorney