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Home My WebLink AboutCOUNCIL - AGENDA ITEM - 07/25/2017 - CITY CHARTER AND MUNICIPAL COURT JURISDICTIONDATE: STAFF: July 25, 2017 Judge Kathleen M. Lane, Municipal Judge Carrie Daggett, City Attorney Darin Atteberry, City Manager WORK SESSION ITEM City Council SUBJECT FOR DISCUSSION City Charter and Municipal Court Jurisdiction. EXECUTIVE SUMMARY The purpose of this item is to provide background to Council regarding a possible ballot question seeking voter approval of a Charter amendment modifying Municipal Court's jurisdiction over civil claims. GENERAL DIRECTION SOUGHT AND SPECIFIC QUESTIONS TO BE ANSWERED Does Council have questions or concerns related to bringing this item forward for consideration in August? BACKGROUND / DISCUSSION Article VII, Section 1 of the City Charter provides that there shall be a Municipal Court vested with original jurisdiction of all causes arising under the City's Charter and ordinances. This means that the Municipal Court has jurisdiction to hear cases other than criminal offenses, traffic or civil infractions or other enforcement of Code violations. Prior to 1989, the City Charter gave the Municipal Court “exclusive jurisdiction” over these matters, meaning that other courts, such as the Larimer County District Court, were precluded from hearing those cases. This provision of the City Charter was changed in 1989 to eliminate the reference to Municipal Court’s jurisdiction over matters arising under the City Charter and Code as “exclusive,” “thereby clarifying that City Ordinances can create civil remedies in other courts of competent jurisdiction” (Ordinance No. 5, 1989). The Fort Collins Municipal Court’s caseload has traditionally included violations of the City Code, including codes adopted therein such as the City’s Traffic Code and uniform codes. Most of the caseload is traffic-related and the majority of those cases are decriminalized traffic infractions. The balance of the caseload is non-traffic misdemeanors and civil infractions. Though there are some differences in rights and options based on the nature of the charge, the process relating to all defendants is governed by the Colorado Municipal Court Rules of Procedures and state statutes applicable to Municipal Courts, as well as City Code and Charter provisions. In April, the Council adopted Ordinance No. 052, 2017, adopting Rules of Civil Procedure for the Municipal Court. The need for these rules was precipitated by the filing in Municipal Court of the first-ever civil case seeking review of a City Council decision. In the past, plaintiffs have sought judicial review of these types of decisions in Larimer County District Court under Rule 106 of the Colorado Rules of Civil Procedure. Civil cases such as the pending case requesting a review of a City land use decision involve an entirely different process governed by an extensive set of procedural rules relating to civil cases. The Fort Collins Municipal Court is not staffed, in terms of judicial or administrative positions, to handle complex civil cases such as this. Instead, such cases have in the past been filed by plaintiffs into Larimer County District Court as actions under Rule 106 of the Colorado Rules of Civil Procedure. In that way, such cases are handled by Judges with specific expertise in civil law. The District Court has been the path chosen for review of City decisions in all cases other than the one pending currently, and this review would continue to be available if the almost never-used option of Municipal Court review is eliminated. In summary, Municipal Court does not have the capacity to handle civil cases in addition to its existing caseload. Budgeting for additional staff for such cases would be difficult since they are rare but very time-intensive when filed. Either way, the potential conflict (or appearance thereof) remains which has been raised in the pending case July 25, 2017 Page 2 since Municipal Judges are hired, evaluated, and reappointed by City Council. Referring such cases to Municipal Judges from other jurisdictions under an intergovernmental agreement for judicial services causes an unfair burden to the other City’s resources and is not a realistic, long-term option. Revising the City’s Charter to clearly remove this jurisdiction from the Municipal Court - so that such cases would instead be filed in Larimer County District Court - is the preferred option. The use of Municipal Court for review of City land use and other types of decisions and actions is proving problematic. There are challenges in having the City’s own court review the City’s decisions, and there is a risk of abuse by plaintiffs that could result in substantial delays and expense in these civil cases for little gain. Review in District Court would continue to be available and this has been the course of review in all cases until the currently pending civil case in Municipal Court was filed. A proposed Charter amendment could be presented for Council consideration (via ordinance) on first reading at Council’s August 8 special meeting. While a few jurisdictions have adopted civil court rules for use in these kinds of civil cases (as the City did in April), others have modified their charters to eliminate their municipal court’s jurisdiction over civil matters and to limit their court’s jurisdiction to just hearing the prosecution of violations of the municipality’s charter and ordinances. If the Council is supportive of the recommended Charter change, an ordinance setting the ballot question for such a change could be considered on first reading on August 8, with second reading on August 15, which is the same schedule as planned for consideration of the proposed Charter change for broadband service. A draft of Charter amendment language that would accomplish the change described above, (subject to additional discussion, review and revision) is as follows: Article VII. Municipal Court Section 1. Municipal court. There shall be a Municipal Court vested with original jurisdiction of all causes arising under the City's Charter and ordinances. There shall be a Municipal Court, which shall be a qualified municipal court of record as provided by law, to hear and try all alleged violations of the Charter and ordinances of the City and shall have such other jurisdiction as may be conferred by law. The Council shall appoint the judge or judges of Municipal Court for two (2) year terms. Council shall designate a Chief Judge to carry out related duties as adopted by the Council by ordinance, and shall fix the compensation of the Municipal Judges. Such compensation shall in no manner be contingent upon the amount of fees, fines or costs imposed or collected. Each Municipal Judge shall be licensed to practice law in the State of Colorado during his or her tenure in office, but need not be so licensed prior to appointment. As Council determines necessary, the Council may designate one (1) or more reputable and qualified attorneys to serve as temporary judge. The Council may remove a Municipal Judge for cause. Rules of procedure, costs and fees shall be enacted by the Council upon recommendation of the Chief Municipal Judge. ATTACHMENTS 1. Public Engagement Summary (PDF) PUBLIC ENGAGEMENT SUMMARY PROJECT TITLE: CHARTER CHANGE REGARDING JURISTICTION OF MUNICIPAL COURT OVERALL PUBLIC INVOLVEMENT LEVEL: INFORM BOTTOM LINE QUESTION: The City Council will consider referring a ballot measure this November asking voters if they support a change to the City Charter regarding the Municipal Court's jurisdiction. The Charter change would serve to maintain the key Municipal Court function of addressing criminal offenses, traffic or civil violations, or other code enforcement violations by removing other civil claims from the Court's jurisdiction. Such other civil claims typically challenge administrative, quasi-judicial, and other legislative decisions made by the City. KEY STAKEHOLDERS: Property owners and Developers City of Fort Collins residents TIMELINE: July 24-Aug 8, 2017 Key Messages:  There is currently long-standing language in the Charter that allows other civil cases to be brought to municipal court: “There shall be a Municipal Court vested with original jurisdiction of all causes arising under the City's Charter and ordinances." [emphasis added] Article VI, Section1, Charter of the City of Fort Collins  The focus and expertise of Municipal Court is addressing and adjudicating criminal offenses, traffic or civil violations and other enforcement of City Code.  Until recently, civil cases have historically been filed in District Court and not Municipal Court. Earlier this year, the first such civil case was filed in Municipal Court by three citizens challenging a recent Council decision upholding a land-use approval.  Unlike the District Courts that have historically and routinely heard these kind of civil cases, the Municipal Court is not well-suited to hear them.  Even when a civil case is first heard in Municipal Court, the next step in the judicial review process is an appeal to District Court. Therefore, hearing these civil actions in Municipal Court does little more than add an extra, and probably unnecessary, step in the judicial process.  There are challenges in having the City’s own court review City administrative, quasi-judicial, and other legislative decisions and this Charter change would eliminate that situation.  Such a Charter change would conserve court resources, increase efficiency and reduce delay by eliminating a redundant judicial layer, as civil cases that could go through Municipal Court have historically been and can continue to be heard in the Larimer County District. Tools and Techniques:  FAQ document  News Release  Email Newsletters  Direct outreach to developers and the Homebuilders Association ATTACHMENT 1