HomeMy WebLinkAbout070218_ra02 Regular Agenda
AGENDA REQUEST
TO: Board of Commissioners
Philip Morley, County Administrator
FROM: Ruth Gordon, County Clerk
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
DATE: July 2,2018
RE: HEARING re: Proposed ordinance modifying chapter 3.42 of the Jefferson
County code to change its title to "County Clerks Fees," and add an Article
II, in Order to Allow the Clerk to Charge for Access to the Electronic Court
Records Management System (ECRMS), known as Odyssey
STATEMENT OF ISSUE:
In June 2015, Administrative Office of the Courts began to implement a new statewide
Electronic Court Records Management System(ECRMS), known as Odyssey, in counties
around the Washington state. The Odyssey Portal is a web based application used to view
Odyssey court records and documents. Currently, the counties using Odyssey include: Adams,
Asotin, Benton, Chelan, Clallam, Columbia, Cowlitz, Douglas, Ferry, Franklin, Garfield, Grant,
Grays Harbor, Island, Jefferson, Kitsap, Kittitas, Klickitat, Lewis, Mason, Okanogan, Pacific,
Pend Oreille, San Juan, Skagit, Skamania, Snohomish, Stevens, Thurston, Wahkiakum, Walla
Walla, Whatcom, Whitman and Yakima Superior Courts.
Jefferson County Clerk's Office and Superior Court implemented on October 29, 2017. The
Portal is the public facing portion of Odyssey where users can go to search and view publicly
available case information.
Although the administration of the Odyssey Portal application was outside the scope of the
county courts' agreement with the Administrative Office of the Courts, the AOC has required all
County Clerks to administer registration for any members of the public,press or the Bar to gain
direct online access to Odyssey. This requires providing and receiving forms, doing data entry,
retaining a new record series, providing ongoing customer support and education, updating
access when attorneys switch employers, and certifying annual requalification to have access.
There is no fee for these services in statute.
Many other Counties charge up to $600 for access to the ECRMS on an annual basis. A number
of Counties have adopted charges based on company size (total number of employees) and not
the number of subscribers. The chart below reflects charges for counties who also grant access
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to court documents via the Odyssey Document Management System. (Jefferson County's
documents reside in Laserfiche and are not available through the Odyssey Portal.)
Company Size Annual Fee
1 —3 Employees and/or Individuals $100
4—6 Employees and/or Individuals $250
7— 10 Employees and/or Individuals $500
More than 10 Employees and/or Individuals $600
(Pro rated by month, if joining after annual renewal date)
Jefferson County should discuss and potentially issue a notice for a hearing on an ordinance,
along the lines proposed in Appendix 1, so the Clerk can charge of ECRMS access and
maintenance,just as other Counties do.
ANALYSIS:
The proposed Ordinance is designed to modify chapter 3.42 of the Jefferson County Code. The
title of the chapter would change to "County Clerks Fees." This would turn the current chapter
into an Article titled"County Courthouse Facilitator Program Funding" and add Article II titled
"Electronic Access to Superior Court Records and Images."
FISCAL IMPACT:
Passing the ordinance will generate fees for the Clerk's office. At this time, it is impossible to
calculate the amount of fees that will be generated annually. Fees collected will offset the cost of
accessing and maintaining the ECRMS system.
RECOMMENDATION:
Hold a public hearing and listen to public comments on the proposed ordinance, so the Clerk can
charge of ECRMS access and maintenance,just as other Counties do.
DEPARTMENT CONTACTS:
Ruth Gordon, Jefferson County Clerk, Extension 128.
Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney, Extension 219.
REVIEWED BY:
Phillip Morley,to ty Administrator_ Date
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STATE OF WASHINGTON
County of Jefferson
An Ordinance Modifying Chapter 3.42 of )
the Jefferson County Code to Change its
Title to "County Clerk Fees;" Make the )
Current Chapter into Article Titled )
"County Courthouse Facilitator Program )
Funding;" Add Article II Titled ) ORDINANCE NO.
"Electronic Access to Superior Court )
Records and Images"which allows )
registration and fee collection for access to )
the Odyssey Case Management System; )
and,Add County Clerk Fees to the )
Jefferson County Code Appendix )
WHEREAS, the Washington Administrative Office of the Courts (AOC) administratively
implemented a new statewide Electronic Court Records Management System (ECRMS), known
as Odyssey, in counties around the Washington state. The ECRMS is a web based application
used to access superior court records; and,
WHEREAS, access to Electronic records system requires registration and approval by the
Jefferson County Clerk (the Clerk); and,
WHEREAS, RCW 36.18.050 allows the Clerk to impose uncompensated fees for
services similar to existing services; and,
WHEREAS, RCW 36.18.016(24) directs that the Clerk must charge fees for non-
statutory services under authority of a local ordinance and/or policy; and,
WHEREAS,the Board of County Commissioners of Jefferson County, State of
Washington(BoCC), hereby authorizes the Clerk to assess an annual registration fee on all
natural persons electronically accessing superior court records; provided, however the Clerk may
not assess a registration access fee on employees of not-for-profit organizations or corporations
whose primary purpose is to provide access to justice for the poor and infirm, courts of limited
and general jurisdiction, or government agencies and departments accessing superior court
records via Electronic records system; and,
WHEREAS, the Clerk shall adopt appropriate procedures for the collection of the annual
registration access fee; and,
WHEREAS, the Clerk shall have the authority to approve and sign registration access
agreements with natural persons desiring access to electronic superior court records; and,
WHEREAS, the Clerk shall establish a registration fee for access to the ECRMS. The
Clerk may adjust the fee annually to reflect any changes in the costs of providing the service as
determined by financial analysis or comparisons with other entities; and,
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WHEREAS, subsequent system expansion including image viewing through a document
management system may increase costs; and,
WHEREAS, many other counties charge up to $600 annually to offset the cost of
maintaining, enhancing, and operating said service to view electronic images of superior court
records.
Now therefore, based on the findings of fact listed above, the Jefferson County Board of
Commissioners has determined that:
1. ADD ARTICLE II TO CHAPTER 3.42 OF THE JEFFERSON COUNTY CODE.
Article II should be added to the Jefferson County Code in the form attached as Appendix
A, County Clerk's Fees, with the current 3.42, County Courthouse Facilitator Program,
becoming Article I.
2. FEE SCHEDULES
Sections of the existing fee schedule in the Appendix to the Jefferson County Code are
amended to add Clerks Fees, as authorized by Chapter 3.42, including a new access fee of up to
Six Hundred and no/100's ($600) annually for maintaining,enhancing,and operating the
ECRMS to view electronic images of superior court records.
3. EFFECTIVE DATE
This ordinance is effective immediately upon adoption.
(SIGNATURES FOLLOW ON NEXT PAGE)
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June 13,2018
APPROVED and ADOPTED this day of , 2018.
SEAL: JEFFERSON COUNTY BOARD OF
COMMISSIONERS
David Sullivan, Chair
Kathleen Kler, Member
ATTEST:
Kate Dean, Member
Carolyn Gallaway
Deputy Clerk of the Board
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
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APPENDIX A TO
ORDINANCE NO.
Chapter 3.42
COUNTY CLERK'S FEES
Article I, County Courthouse Facilitator Program Funding.
Sections 3.42.010 through 3.42.040, no change.
Article II, Electronic Access Fee.
Sections:
3.42.050 Definitions.
3.42.060 Assessment of access fee authorized.
3.42.070 Fee collection.
3.42.080 Contracting authority.
3.42.090 Establishment of fee.
3.42.100 Annual adjustment authorized.
3.42.050 Definitions.
(1) "Clerk means the Jefferson County Clerk.
(2) "Electronic Court Records Management System (ECRMS)"means the electronic records
system used by superior courts in Washington or any replacement system.
3.42.060 Assessment of access fee authorized.
The Clerk is authorized to assess a registration access fee on all natural persons electronically
accessing superior court records; provided, however, that the Clerk may not assess a registration
access fee on employees of not-for-profit organizations or corporations whose primary purpose is
to provide access to justice for the poor and infirm, courts of limited and general jurisdiction, or
governmental agencies and departments accessing superior court records via electronic records
system while in the performance of their official duties.
3.42.070 Fee collection.
The Clerk shall adopt appropriate procedures for the collection of the annual registration access
fee.
3.42.080 Contracting authority.
The Clerk shall have the authority to approve and sign access agreements with natural persons
desiring access to electronic superior court records.
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3.42.090 Establishment of fee.
(1) The Clerk shall charge an annual registration access fee of$25.00 per entity for initial
access to the ECRMS.
(2) Subsequent expansion of access to view electronic images via a document management
system may include an additional annual fee of up to $600.00 per annual registration
based upon the costs of providing access to electronic images of superior court records
and maintaining, enhancing,and operating said service.
3.42.100 Annual Adjustment Authorized.
The Clerk may adjust annually either the registration access fee or the electronic image fee to
reflect any changes in the costs of providing these services as determined by subsequent financial
analysis and/or comparisons with other entities. The Clerk's Fees in the Jefferson County Code
Appendix shall be updated accordingly.
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