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Municipal Court staff weighs in on potential transfer to Vernon County Circuit Court
At the most recent Nevada City Council meeting, a heavily discussed item on the agenda was considered — Bill No. 2022-064, an ordinance of the City Council of City of Nevada, Mo., transferring the Nevada City Municipal Court and transferring the Municipal Division cases to be heard in the Vernon County Circuit Court Associate Division.
"We were looking at the general fund and ways to strengthen that fund," explained City Manager Mark Mitchell. "We looked at all avenues. One of the avenues we looked at was the Municipal Court."
Mitchell noted that he spoke with court staff and noted that a report from the legal team suggested the transfer of the Nevada Municipal Court to be heard in the Vernon County Circuit Court as a cost savings on the general fund.
"Depending on how council goes, I'll talk again to staff and we'll try to find them some positions in the city," added Mitchell. "They just can't be funded out of the general fund."
Municipal Court Administrator Cindy Dye spoke to the council on the matter. "We just found out last week about the plan to move," she started. "I hope that you will reconsider. Mary (Wilson) is nine years today that she has been with the court. I've been here 23 years. I've put my heart and soul into this."
Visibly emotional, Dye continued, "We both have been certified and trained and have college degrees to do our job to the best of our ability. I just hope you will take in all the factors. I see the points — I understand. I can do the math. But, I feel like there is possibilities to maybe cut some expenses. Things we can do as a team effort in the city in our different departments."
Lacking timeliness and inability to actively collect on tickets were a few examples of downfalls Dye presented with a transfer to the Circuit Court.
"I understand things are changing with expenses," Dye continued. "We bought the software already for the program. The software requests $7 for automation fee that is paid to the state. There is no cost to the city."
"Basically, it comes down to our benefits and our wages," Dye explained. "I get that. A lot of municipalitites... the main reason everybody hears they are going to the courthouse is because cities are not able segregate the duties between the branches of government. And so, it is hard for us to work in different departments. If you would reconsider this or table this and let us get ideas to improve on things."
Council member Carol Gallagher then asked Mitchell to explain the general fund further and how it got to this point.
"Historically, the fund has seen a decrease over the last several years," stated Mitchell. "We tried to correct that when the former administration and treasurer were here — they tried to correct it. I was paid out of the general fund with my IT (Information Technology) and they cut me out and found different ways to pay me and other people. We've done that same scenario. We've taken our water and sewer billing department completely out of the fund. We've tried to lessen the burden of the general fund."
Mitchell went on to note that the general fund is at a deficit of $200,000. "The general fund is an unrestricted fund which means that it has to pick up all the other funds if they fall," added Mitchell. "So, the general fund has to be healthy. And, it's not. We have to find ways to build that back up."
The transfer of the Nevada Municipal Court to the Vernon County Circuit Court is estimated to be a six month process. Tentative timeline is January 2023 for cases to be heard in the Circuit Court. Judge and staff reduction is anticipated to present some cost savings to the City, while reducing our liability and satisfying state court standards.
A City prosecutor will need to stay employed to work cases for the City. Judge, City Prosecutor and staff have all been informed of the pending transfer.
With council member Lyndon Eberhard absent, the remaining council members voted on the ordinance. All voted "yes," with the exception of Mayor George Knox, who voted "no."
The ordinance was passed on first reading.