Carefree Truth

Issue #279, October 14, 2013

 

 

 

Mayor David Schwan opened the discussion of an Intergovernmental Agreement (IGA) with the Town of Cave Creek to consolidate the Carefree and Cave Creek municipal courts, then turned the floor over to Gary Neiss.

 

 

 

Mr. Neiss began with a slide of bullet points showing the facts.  The Carefree and Cave Creek courts are within 2 miles of each other.  Both courts have operational deficits, as do all courts, which are considered a public service and are not profit centers.  The caseloads are similar, approximately 1000 per year each.  The Carefree court has high performance ratings, while Cave Creek's court does not.  He stated that the last bullet point came from Cave Creek.  In 2009, there was a joint Carefree/Cave Creek Council meeting to discuss consolidating the courts, but Cave Creek was not interested in doing so at that time.  The performance ratings proved to be the "game changer".

 

 

 

The next slide addressed the goals of both Towns.  Carefree wants to reduce the deficit, maintain a high performing court, maintain local access and conduct business hours every weekday, and maintain transparency and financial accountability.  Cave Creek wants to maintain a municipal court within the Town of Cave Creek, receive the financial benefits of greater efficiency, lower staffing levels, reduce expenditures, and increase the quality of access, service, and accountability.  The Carefree Council always receives a monthly status report on court activity, and an annual financial audit report. The Cave Creek Council does not receive either.  With Carefree's administration of the consolidated courts, Cave Creek's Council would also receive these reports.

 

 

 

The proposal would locate the combined courts in the Cave Creek Council Chambers, with court offices behind the Chambers.  Required tenant improvements would include bullet proof glass and other security measures, increased space for paper record storage, and an electronic filing system.  These would be paid from Cave Creek's Court Enhancement Fund, which contains approximately $60,000.  The Fund would also be used towards salaries.  Carefree would assume the judicial services, which include the Judge, Prosecutor, Public Defender, and translator, who would be selected and contracted by Carefree.  The Court Administrator and two Court Clerks would be employed by Carefree.  Business hours would be Monday-Friday, 8:00 AM-4:30 PM, and court sessions would be held weekly. 

 

 

 

The financial terms are as follows: Cave Creek would pay a minimum of $146,000 per year for fixed costs.  If there are more than 1000 cases per year, Cave Creek would pay an additional $78 per case.  All local fines and court fees would be used to offset operational expenses.  These include salaries, benefits, software licenses, and office supplies.  A fee of $2,666.65 per month would cover the start-up/externalities costs of a court transition, and would sunset in August of 2016.  An annual escalator of 2-4%, based on the local CPI Index for Labor, would be built into the contract.

 

 

 

The benefits of consolidation are that it would increase the efficiency and utilization by both Towns, reduce the size of government, and reduce expenditures for both communities to retain a local court system.  Carefree has the experience and proven operational expertise that will benefit residents and visitors, and Cave Creek has the Town owned space for the court. 

 

 

 

The final point was continued cooperation between the two Towns.  Mr. Neiss stressed, "I think that's an important note, continuing that cooperation."  He didn't believe that most people know that in the past Carefree has cooperated with Cave Creek many times.  Carefree wrote a check for $100,000, with no strings attached, towards the preservation of Spur Cross Ranch.  It has also contributed towards intersection improvements, and helped provide the hiking trail up Black Mountain.

 

 

 

The recommendation was to approve a resolution authorizing the Mayor to execute an IGA between the Towns of Carefree and Cave Creek, providing for Carefree to be responsible for municipal court services for Cave Creek, and for the combined Carefree/Cave Creek court to be housed in the Cave Creek Town Council Chambers.  The presiding Judge has reviewed and approved this concept.  

 

 

 

Mayor Schwan asked if there were any questions or comments.  Hearing none he said, "I would like to note the the diligence and good work of Mr. Neiss in negotiating this IGA.  It's, in my view, a very fair IGA for both communities.  Mr. Neiss did a good job of protecting the interests of his town, Carefree, in this IGA."  "There's a lot of protection built in there for both Towns.  Congratulations.  Well done!"

 

 

 

The Carefree Council unanimously approved the resolution to enter into the IGA with Cave Creek to consolidate the courts.  At their meeting later in the evening, the Cave Creek Council also approved the resolution by a vote of 6-1, Councilman Ernie Bunch opposed.      

 

https://www.youtube.com/watch?v=om54pv7ksQE

 

 

 

Carefree Truth Issue #275, covered discussion of the potential consolidation of the courts at the September Carefree Council meeting.  http://carefreetruth.com/Carefree_Truth/CFT_275.html

 

 

Lyn Hitchon

 

 

"Coming together is a beginning. Keeping together is progress. Working together is success."

Henry Ford

 

 

 

Prepared by Carefree Truth

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