Carefree Truth

Issue #275, September 23, 2013

 

 

 

 

Contract negotiations are being conducted for an Intergovernmental Agreement (IGA) that would consolidate the Carefree and Cave Creek municipal courts.

 

 

 

Gary Neiss provided some background for the audience.  In 2009, at the height of the economic crash, he and Mayor David Schwan investigated cost cutting measures, one of which looked at the court.  They asked the Presiding Judge of the Superior Court for suggestions.  He told them no court in the land makes money and that they are all deficit operations; justice can't be profitable.  The mission was to reduce the deficit.  A joint Carefree/Cave Creek Council meeting was held in Carefree to discuss merging the courts, but was met with lukewarm acceptance and was not further pursued at that time.

 

 

 

Whereas Carefree's court is considered exemplary in audits, Cave Creek currently has some historical issues from a financial and procedural perspective that they need to correct, making Cave Creek more motivated to combine the systems now.  The Cave Creek court is transitional, with a temporary judge and no permanent staff.  Due to these factors, Carefree would handle the operational aspects of a consolidated court, and Cave Creek would delegate the judicial services to Carefree.  The court would be known as the Carefree/Cave Creek Municipal Court.  Queen Creek and Gilbert consolidated their courts, providing a possible IGA framework.

 

 

 

Initially, the Cave Creek Court would be moved into the Carefree Court space, as some tenant improvements need to be completed at the Cave Creek site to bring it up to the high level security standards of today.  Bullet proof glass will be added where fines are paid, and there will be a reallocation of space to absorb the files of both courts.  Upon completion, both courts would be relocated to Cave Creek's space.

 

 

 

Cave Creek would pay a monthly fee to cover fixed and variable costs.  Fixed costs include staff salaries and benefits, office supplies, computers, licensing agreements, and training and subscriptions for the court staff.  Variable costs have peaks and valleys, and are dependent on case loads, which also have varying costs.  These include prosecution, pro-rated incarceration fees levied by the Sheriff's office, a public defender, and interpreters as needed.  To provide a sense of permanency, a 10 year term is being discussed, with an automatic 10 year renewal unless notice for termination is given.

 

 

 

A tentative operational structure would include a contractual Judge to oversee the court, a Court Administrator, and 2 Court Clerks.  The administrator and the 2 clerks would be employees of the court.  Additional contractual positions would be for a prosecutor, a public defender, and interpreters.  Carefree currently employs 2 full time staff members.  Should the courts consolidate, a second court clerk would be added, bringing the total to 3.

 

 

 

Vice Mayor Les Peterson requested confirmation of his understanding that consolidating the courts would save both Towns significant money, and would provide the most appropriate municipal court service in the foothills area.  Mr. Neiss agreed this would be the case.  He stated that first and foremost, we want a court that operates efficiently and follows the laws of the land, follows procedures set out by the Administrative Office of the Court, a court that functions properly.  A consolidated court must run as efficiently as possible, and save money for both Towns.  It must be an equitable solution for both communities. 

 

 

 

Mr. Neiss pointed to another item on the agenda that night, the Maricopa Association of Governments (MAG) transportation study, a cooperative effort between Carefree and Cave Creek.  If the two Towns hadn't applied jointly for this grant, the funds would not have been forthcoming.  This is another example of the Towns working together to save money in the future.

 

 

 

Once instructed to proceed by their respective Councils, Mr. Neiss and Mr. Rodney Glassman, the Cave Creek interim town manager, will prepare an IGA for their Council members to review.  A joint session of the Carefree and Cave Creek Councils is planned be held in the Cave Creek Council Chambers in October to further discuss the consolidation, and to allow members of the public and the Councils to tour the Cave Creek Court facilities.  Should both Councils decide they would like to consolidate the courts at that meeting, the final step would require approval from the Presiding Judge of the Superior Court.

 

 

 

If the IGA is approved by all parties in October, consolidation could commence at the end of December, with the Cave Creek Court moving into the Carefree Court space.  The Cave Creek tenant improvements are expected to be completed in the winter or early spring, at which point the Carefree/Cave Creek Municipal Court would move into its permanent location in Cave Creek.

 

 

 

The Council unanimously voted to instruct Mr. Neiss to proceed with the negotiations and the IGA.     

 

https://www.youtube.com/watch?v=zb9F7oe62j0   

 

 

Lyn Hitchon

 

 

 

Prepared by Carefree Truth

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