HomeMy WebLinkAbout2012-R-26 RESOLUTION NO. 2012-R- c/6
BEFORE THE JEFFERSONVILLE COMMON COUNCIL
STATE OF INDIANA
A RESOLUTION ESTABLISHING AND AFFIRMING THE DUTIES
OF THE CITY CLERK AS CLERK OF THE JEFFERSONVILLE CITY COURT
WHEREAS, Jeffersonville City Ordinance 2009 -OR -45 established the City of
Jeffersonville as a Second Class City effective January 1, 2012; and
WHEREAS, Indiana law I.C. 36- 4- 10 -4(9) and I.C. 33- 35- 3 -2(a) provide that the City
Clerk shall serve as the Clerk of the City Court in a Second Class City, and on November 20,
2012, the Indiana State Board of Accounts issued a written opinion that confirmed that a City
Clerk shall serve as the Clerk of a City Court in a Second Class City, which said written opinion
is incorporated herein by reference; and
WHEREAS, I.C. 33- 35 -3 -2 outlines many of the duties of the Clerk of the City Court,
including but not limited to, the collection of court costs and fees; and;
WHEREAS, I.C. 35 -38 -2 et. seq. directs that either the probation department or the
Clerk shall collect probation fees; and
WHEREAS, the Jeffersonville Common Council is desirous of creating a more efficient
and transparent government, and further desires to comply with the Indiana State Board of
Accounts written opinion issued on November 20, 2012;
NOW THEREFORE BE IT RESOLVED by the Common Council for the City of
Jeffersonville that:
1. The City Clerk is recognized as the Clerk of the Jeffersonville City Court per
Indiana law;
2. The City Clerk is directed to receive any and all payments for court costs, fees,
probation fees and all other monies collected by and through the Jeffersonville City Court;
3. The City Court Judge is directed to cooperate in the transition of the Clerk of
Court duties to the City Clerk.
4. The City Court Judge and the City Court Clerk are further directed that the City
Court shall utilize only the City's bank accounts which are administered by and through the
City's Fiscal Office /Controller. The City Court shall transfer all funds currently held in the City
Court's bank account(s) which are not administered by the City's Fiscal Officer /Controller to the
City's bank accounts which are administered by the City's Fiscal Officer /Controller. Upon the
transfer of said funds from the City Court- administered bank account(s) to the Fiscal
Officer /Controller- administered bank accounts, the City Court- administered bank account(s)
shall be closed.
This Resolution shall be in full force and effect on January 1, 2013.
Voted for: Voted A . 'nst:
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Passed and adopted on this day of , 2012.
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Vicki Conlin, Clerk
Presented by me, yicki Conlin, Clerk, to the Mayor of Jeffersonville at /, 2 8 m. on this
01 '7 day of ak ti2 , 2012.
Vicki Conlin, Clerk
This resolution signed and approved by Mike Moore, Mayor of Jefferso '11e at /
on this `V day of tAtAY Uii.rter , 20 /3
Mike sore, Mayor