Cave Creek & Carefree created the new “Carefree-Cave Creek Consolidated Court”

CAVE CREEK & CAREFREE COMBINE FORCES TO CREATE ONE MUNICIPAL COURT

Cave Creek & Carefree created the new “Carefree-Cave Creek Consolidated Court” to be effective in January, 2014.  Various reasons prompted this merger by Intergovernmental Agreement (IGA), a subject which has been proposed in past years, but was defeated by strong political differences.  Carefree voted to approve the agreement unanimously, and Cave Creek approved by 6/1, Councilman Bunch dissenting.

The approval in Carefree was quick and without public objection.  “Our goal here is to reduce the deficit for both communities” remarked Carefree Town Administrator, Gary Neiss. “I think the game changer here is the acknowledgement by Cave Creek that the Carefree Court has a high performance rating, while the Cave Creek Court does not,” he continued. The Arizona Supreme Court Administrative Office of the Courts found several issues that needed to be corrected.  Among them was that the Court assessed costs without a local ordinance authorizing the costs, and that the presiding judge was present to conduct court business sporadically, with court open only every other week.  The new court will be open Monday through Friday, 8 a.m. through 4:30 p.m.

In contrast, there were several speakers in the Cave Creek meeting that expressed concern that the financial figures upon which the agreement was based were not clear, and most of those speakers urged more time for the Councilmen to more carefully study the financials which would pay substantial funds to the Town of Carefree.  However, the Councilmen asserted that they had been actively involved and felt that they did understand the financial analysis prepared by Robert Weddigen, Town Finance Director.  Weddigen asserted several times that the recent figures and prospective 2014 budget figures were correct.

Councilman Spitzer  made the motion to approve and said “I think it’s a great idea.”  Councilman McGuire agreed and commented that “we have had a period of unrest in our court”.

Councilman Monachino confirmed that they had reviewed the budget figures in question with great care during the Budget Committee meetings.   Councilman Durkin concurred that this was financially a good deal for the Town, and that he was “absolutely for this”.  Councilman Trenk said it “was a good opportunity to capitalize on the efficiencies of the court”. 

Councilman Bunch expressed continuing doubt that this would be financially helpful to Cave Creek.  And finally, Mayor Francia expressed that he was relying on the good data gathered by staff, and any concerns he had were minor.

Following are the primary points in the IGA.

1.COURT MANAGEMENT.   All cases falling under both jurisdictions would be managed by the new Consolidated Court.  The Carefree Court will be the administrator, and cases will be heard for both towns in the Cave Creek Chambers.  All court administrative offices will also be located in the Cave Creek Chamber space.

2.CAVE CREEK SITE RESPONSIBILITIES.  Cave Creek will maintain the building insurance, utilities, maintenance and repairs.

3.FORMS & REVENUES.  Carefree will create new court forms, which both towns will share.  All court revenues will go to Carefree.

4.SERVICE & STAFF.  Carefree will hire the state required services, including a prosecutor, public defender, bailiff, interpreter(s) and will compensate them as employees or subcontractors of Carefree.

5.FEES.  Cave Creek will appropriate such amounts as are necessary to compensate Carefree with the following fees and payments:

a.PER CASE FEE.  Cave Creek shall pay Carefree a base fee of $146.19 per case, beginning January 1, 2014, with a guaranteed minimum of 1000 cases per year, and $78 for every file over 1000.  This amount shall be paid monthly at $12,183 per month, and shall cover all Carefree costs associated with providing court services to Cave Creek.  Beginning July 1 and every July 1 thereafter, a cost of living increase will be computed, not less than 2% nor more than 4%, and be payable annually as invoiced by Carefree.

b.TRANSITION FEE.  In addition, Cave Creek will reimburse Carefree for the costs associated with assuming jurisdiction of Cave Creek matters, the sum of $2666.66 per month, from January 1, 2014 through July 31, 2016. 

c.ADDITIONAL COSTS.  If there are new costs imposed on Carefree, which are outside of Carefree’ s control, including but not limited to jail and sheriff’s fees (“Outside Fees”), Carefree shall attempt to collect same, and Cave Creek will reimburse the uncollectable fees.

6.Insurance and Indemnification.  Each town will secure and maintain comprehensive general liability insurance coverage  of at least $1 million per occurrence, $10 million umbrella, arising from its use of the Cave Creek Chambers, and adding each party on as an additional insured.

Cave Creek will indemnify Carefree from any acts of Cave Creek related to the operation and maintenance of the Cave Creek Municipal Court prior to the consolidation.

7.Responsibility for Court Activities.  Carefree will accept jurisdiction of all citations from Cave Creek, and provide Court Clerk services, case information, fine collection, record keeping, hearings, trials, and related judicial proceedings as required by law in the Carefree-Cave Creek Consolidated Court.

The Municipal Judge appointed by the Town of Carefree will establish appropriate Court days and set other dates and schedules.  The court will be open Monday through Friday, 8 a.m. through 4:30 p.m.

8.Reports and Audits.  Carefree will provide monthly reports of fines and court fees, remit to other agencies as required, and provide an annual audit within 30 days of acceptance of the audit by the Carefree Town Council.

9.Improvements.  Improvements to the Cave Creek Chamber and offices will be completed with funds from the Court Enhancement Fund.  The towns will co-operate in design and completion, covering such areas as bullet-proof glass, a computer closet, and security enhancements.

10. Access for Cave Creek government processes.  Cave Creek will continue to have access to and have meetings in the Chambers, before and after the normal court operation hours.  Computers will be in a shared secured location.

11.Term and Termination.  The IGA will be effective for ten years and automatically renewable for an additional 10 years.   The IGA may be terminated by either party with 180 day notice and a minimum of one fiscal year, unless both parties agree to other terms.

As prescribed by Section 38-511 ARS, either party may cancel this agreement within three years after execution without penalty or further obligation, under special circumstances.

Note: Carefree Truth, Issue #279, October 14, 2013 full discussion at Carefree Council.

For the more detailed story of Carefree Council’s discussion, please visit the Carefree Truth Issue #279-IGA directly or at this link. You can also access the full Carefree Youtube there also.