Loading...
99-23246-A RESO RESOLUTION NO. 99-23246-A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REQUESTING THAT THE MIAMI-DADE COUNTY COMMISSION ESTABLISH A DOMESTIC VIOLENCE INTAKE UNIT IN MIAMI BEACH AND INCLUDE FUNDING FOR SAME IN THE COUNTY'S FISCAL YEAR 2000 BUDGET WHEREAS, Domestic Violence Intake Units, which currently operate on the mainland in Miami- Dade County, assist victims of domestic violence by facilitating the process of obtaining a temporary injunction; and WHEREAS, without a local Intake Unit, victims of domestic violence in Miami Beach are less likely to seek the protection of an injunction; and WHEREAS, the injunction process at an intake unit consists of a summons issued to the respondent along with a fifteen (15) day restraining order to ensure the safety of the victim prior to a court hearing; and WHEREAS, it is crucial that a victim seek an injunction within twenty-four hours of a domestic violence incident in order to prevent the accused batter from having contact with the victim; and WHEREAS, the lack of readily available local intake service sharply reduces the chances that a victim will seek a temporary injunction, since Miami Beach police officers cannot provide the protection of accompanying victims to an intake unit when those units are located across the causeways; and WHEREAS, the Administrative Office of the Courts estimates the total operating cost of establishing an Intake Unit in Miami Beach is approximately $220,000 annually. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission herein request that the Miami- Dade County Commission establish a Domestic Violence Intake U nit in Miami Beach and include funding for same in the County's Fiscal Year 2000 Budget. Passed and Adopted this~day of July ,1999. ;J ATTEST: ~16 f~LL. CITY CLERK F:\POLl\TECHSERV\POLlCIES\COM_RESO\domestic violence intake unit request.res.wpd APPROVED AS TO FORM & lANGUAGE & FOR EXECUTION /"-2.0 -77 Date CITY OF MIAMI BEACH OFFICE OF THE MAYOR & COMMISSION TO: SERGIO RODRIGUEZ CIlY MANAGER MURRAY DUBBIN CIlY ATIORNEY NEISEN KASDIN 1"\- f\ MAYOR FROM: SUBJECT: DOMESTIC VIOLENCE INTAKE UNIT DATE: 06/29/99 Please place on the agenda for the July 7, 1999 Commission Meeting a discussion on the establishment of a Domestic Violence Intake Unit in Miami Beach. Intake Units protect victims of domestic violence by facilitating the process of obtaining a temporary injunction. CtUTently, there are four such units in Dade o,unty, all on the mainland. Without a local intake unit, victims in Miami Beach are less likely to seek the protection of an injunction. Last year, an estimated 1,500 domestic violence calls were made to Miami Beach Police. The need for a local intake unit is evident. The injunction process ac an intake unit consists of a Sl.Ullffions issued to the respondent along with a fifteen (15) day restraining order to ensure the safety of the victim prior to a o,unty court hearing. It is crucial that a victim.seek an injunction within twenty-four hours of a domestic incident. Approximately 75% of batterers who share residence with their victims go back to the residence within that time, usually against the victim's will. An injunction grants immediate residency to the victim, making it illegal lor the accused batterer to enter the premises. The lack of a readily available local intake service sharply reduces the chances that a victim will seek a temporary injunction. CtUTently, only about 10% of Miami Beach domestic violence victims will do so. The "displacement" factor associated with having to travel outside of their home municipality to seek help contributes to this low percentage. Moreover, Miami Beach police officers cannot provide the protection of accompanying victims to an intake unit when those units are located across the causeways. Having an intake unit within their community would reduce the discomfort and distance barriers currently faced by victims in Miami Beach. Ivon Mesa, director of the Domestic Violence Intake Unit program for Dade o,unty, has tried to obtain private grant funding for a fifth unit in Miami Beach, to no avail. It is imperative that the County Commissioners include funding for the operation of the proposed intake unit in the Fiscal Year 2000 County Budget. The City is currently endeavoring to find a suitable location to house the unit. Please find enclosed (1) a domestic violence report for 1998 compiled by MBPD, (2) a cost estimate worksheet for c':1e intake unit, (3) a schedule of personnel for the four current Dade intake units, and (4) a memo concerning the legal aspects of municipal funding of o,unty court costs. Agenda Item R <1 S Date i-L:::tj ~ ~QC OC\ ~C\ ~ ~~ ~~ ~ ~~ ~ u= ~~ z~ ~~a:3~ ~~~~ u> ~~ ~< ~~ o~ ~ \0 IU~O 1 ~ :lao ^ON JOQ ldaS 6n" ^Inr unr Aew Jd~ Jew qa:f uer % "'"'- Q ...... QIO ...... ClO - ..... '-= f'P) \C M - 0\ ...-.l '-= N Q - co I,Q QO ~ .,., .,., ...... '-= - Q\ an \C - \0 - "lit Q\ an ...... 0 ~ ...-.l \0 M ~ ...... an an an M - ~ ...... ...-.l Q\ .... - \0 - ~ .... ~ .... oJ: ~ - - ~ u > Q \C ...... - ~ '" ..... Q Q Q Q o = Q 'o::P QO C'\ ...... M ~ an .... Q r--- ~ ~ ~ \0 Vi M - \C o - ...... <:> M ~ Q ~ Q an \C Q 0'\ a-, Q ~ ~ - -<< ~ i i: 5. ~ ~ s.. == rJ). < ;, > > Q Q Q \C N M - Q M ~ M ~ N ~ - Vi ~ QO C'\ ClC ClC N - Q - - ...-.l ClO a-, - - '"" o Co u ~ u CJ .- - Q =-. ~ o ,..J ~ ~ > Q N ~ - C'\ Vi ..... ~ 'o::P ...-.l - an "I::t go N an ...... ClO M ~ - M ~ M N ...... I(') Q Q co Q - - = Q" ~ ~ ~ .~ - o =-. ~ 00 - :; > Q ~ ~ .- '0 ~ = Q i: -..c. ~ of: ~-t ~ Q ; Co = Q,l -~ ~ =: o z < ~ ~ ~ Q rJ:J - ~ ~ "" =: Cl: ~ 'g ~ ~ rJ'1 I:'-l E- ~-a '" !"oo'" o ~~ ~ Qo:.l ~-= ~C>-.!oooi =:~~:E .~;;:;~ > ~ ~ ... . :;j ... ;, Q~~= ...J~~es ~~~- ~~~~ r~ C ~ E -~~::l O"'ll::"''-I ~~~.g 1- " ~ C Q ~~~- .....~~= ' ......So: .~ - r-. ~.... . ~ -../ : ... ~c.,,~~ E-~U~~ -<~~t: ~ U ~ fr ~~~a: O,~~l.L =: ;.: ~ ~ ~~ ~~~~ I ...... _ i< << ",.. oJ << ~ C = :! a Iol ~ 's .. c .... = c ~ / Option 1 COST ESTIMATE TO OPERATE THE DOMESTIC VIOLENCE INTAKE UNIT IN THE CITY OF MIAMI BEACH An optimal satellite Intake Unit would consist of 2 Intake Counselors positions (at least 1 being bilingual) and 2 Clerk positions. Cost for Intake Counselors Positions & Work Stations Intake Counselor salary (includes 36% benefits) Computer hardware and software (breakdown of estimate by CITeS available) Office furniture (desk, high back chair, 2 side chairs, bookcase, file cabinet) Su ppl ies/Pri nting/Photocopyi ng Panic button $36,783 x 2= $ 2,500 x 2= $ 2,500 x 2= $ 700 x 2= Additional Intake Unit Operational Costs Phone lines (breakdown of estimate by CITeS available) Fax machine Copy machine Coded safety door Maintenance costs e$m'MAmepJ;~I)\g:]~Q$[$:::::::::::::::::::::: ............... . ................. . ................... .................. ................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... ....... ...................... ..........'.............. . . . . . . . . . . . . . . . . . . . . . . . . . ........................ . . . . . . . . . . . . . . . . . . . . . . . . . . ........................ . ......................... ......................... ......................... ......................... . . . . . . . . . . . . . . . . . . . . . . . . . . ..................... ............................. ...............'........................................-...-,..... ....................................,..................................................................... ...................... ........,................. $73,566/yr. $10,695 $ 5,000 $ 5,OOO/yr. $ 1 ,400 $ 825 $ 2,000 $ 5,500 $ 500 $ TBD :::::::$104~4~~ Domestic Violence Unit, Clerk's Office Operational Costs 2 Clerk positions (includes 40% benefits) $44,844 x 2= Computer hardware and software Office furniture (2 desks, 2 side chairs, bookcase, 2 file cabinets) Supplies/Printing/Photocopying $ 2,500 x 2= Phone lines Copy machine $89,688/yr. $10,695 $ 3,500 $ 5, OOO/yr. $ 825 $ 5,500 ESTIMATEDTOTALCOSTS. . COMBINED ESTIMA TED TOTAL COSTS $219.694 .. Option 2 COST TE THE DOMESTIC VIOL E INTAKE UNIT IN THE CITY OF MIAMI BEACH A minimal satellite Intake Unit would consist of one Intake Counselor positions (at least 1 being bilingual) and one part-time Intake Counselor positions. The following budget is based on the condition that the working space for the Intake Unit would be provided by the Miami Beach Police Department. Cost for Intake Counselors Positions & Work Stations . Intake Counselor salary (includes 36% benefits) Intake Counselor salary (approximate) Computer hardware and software (breakdown of estimate by CITeS available) Office furniture (desk, high back chair, 2 side chairs, bookcase, file cabinet) Su p pi i es/Printing/Photocopyi ng Panic button $36,783 x 1= $20,000 x 1 = $36,783/yr. $20,OOO/yr. $10,695 $ 2,500 x 2= $ 2,500 x 2= $ 700 x 2= $ 5,000 $ 5,000/yr. $ 1 ,400 Additional AOC Intake Unit Operational Costs Phone lines (breakdown of estimate by CITeS available) Fax machine Copy machine Coded safety door Maintenance costs $ 825 $ 2,000 $ 5,500 $ 500 $ TBD ~ \ DOMESTIC VIOLENCE INTAKE UNIT PERSONNEL DISTRIBUTION COURTHOUSE CENTER: CENTRAL LOCATION Hours of Operations: 8:00 a.m. to 10:30 p.m. All Intake Counselors listed below can be reached at 547-3170. THREE CONSECUTIVE DAYS OFF FOR CREW A THREE NON-CONSECUTIVE DAYS OFF FOR CREW 8 I EMPLOYEE I SUNDAY I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I SATURDAY I KATHY (A) OFF KATHY KATHY KATHY KATHY OFF OFF ANA (A) OFF ANA ANA ANA ANA OFF OFF MART A (A) OFF MARTA MARTA MARTA MARTA OFF OFF BILL (B) OFF BILL BILL BILL OFF BILL OFF RICHARD (B) OFF RICHARD RICHARD OFF RICHARD RICHARD OFF DEBBIE (B) OFF OFF OFF DEBBIE DEBBIE DEBBIE DEBBIE NICOLA NICOLA OFF THREE CONSECUTIVE DAYS FOR CREW 8 THREE NON-CONSECUTIVE DAYS OFF FOR CREW A I EMPLOYEE I SUNDAY I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I SATURDAY I ... I'V\ I MY. ....d ...... ... ............. KATHY (A) OFF KATHY KATHY .1"11=1= ..... KATHY OFF , ..... . . ANA .. ANA (A) OFF ANA OFF ANA ANA OFF MART A (A) OFF MARTA MARTA OFF MARTA MARTA OFF BILL (B) OFF BILL BILL BILL BILL OFF OFF RICHARD (B) OFF RICHARD RICHARD RICHARD RICHARD OFF OFF DEBBIE (B) OFF OFF OFF DEBBIE DEBBIE -- DEBBIE DEBBIE NICOLA NICOLA OFF ate: Crew A and Crew 8 work on a weekly rotating basis DISTRICT DOMESTIC VIOLENCE INTAKE UNITS Hours of Operations: 8:00 to 4:30 JOSEPH CALEB COMMUNITY CENTER All Intake Counselors listed below can be reached at 636-2267 and 636-2280. I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I Violet Felipe Violet Felipe Violet Felipe Violet Felipe Violet Felipe Nicola Wolfe Nicola Wolfe NORTH DADE JUSTICE BUILDING All Intake Counselors listed below can be reached at 354-8780. I MONDAY I TUESDAY I WEDNESDAY I THURSDAY I FRIDAY I Theresa Hicks Theresa Hicks Theresa Hicks Theresa Hicks Theresa Hicks Nicola Wolfe Nicola Wolfe SOUTH DADE GOVERNMENT CENTER AJllntake Counselors listed below can be reached at 234-1491 or 234-1481. I MONDAY I TUESDAY I WEDNESDAY I THURDAY I FRIDAY I Paul Rod Paul Rod Paul Rod Paul Rod Paul Rod Jeanne Cote Jeanne Cote Jeanne Cote Jeanne Cote Jeanne Cote \ REVISED 1\IErvIORA.NDUM ADIVIINISTR.\ TIVE OFFICE OF THE COURTS An Office of Cooperation TO: Ruben Carrerou Coun Administrator DATE: April 22, 1999 FROM: Donald L Pollock, Director Legal Division l' SUBJECT: MUNlCIP AL FUNDIN"G OF STATE COURTS SYSTEM You have inquired whether municipal as well as county governmental entities can pay the salaries of court employees. · Because the funding of the state court system is 1lQI preempted exclusively to the state and/or county governments, 1 I feel that a municipality QD lawfully appropriate funds to pay the salary of court employees. · Although municipalities are not prohibited from providing funding for the state courts system, a municipality cannot be required to do SO.2 \. · As amended by the voters in November 1998, An. V, S14(a) states that "all justices ;d'--/ judges shall be compensated only by state salaries fixed by general law, " thereby preempting to the State the payment of judicial salaries. Funding for other state court system expenses "shall be provided from state revenues appropriated by general law, " except that th~ counties shall be required to fund the costs of various facilities and also to "pay reasonable and necessary salaries and costs and expenses of the state courts system to meet local requirettrents as determined by general laW.,,3 Under Art. V, S 14( c), Fla. Const. lA municipal legislatiVe body may not take action on any subject expressly preempted to state or county government by the constitution, general law, or by the county chaner. S 166.021(3), Fla. Stat. 2The elimination of this type of multi-funding scheme was one of the reasons leading to the amendment of Article V in 1968, prior to which each court level operated autonomously 'Nith separate budgets. 3A local requirement exists where there are special circumstances in a given circuit or county (continued...) Donald Pollock Director Legal Research Division 73 West Flagler Streel, Room 1902 Miami, Florida 33130 Phone(305)375-Z132 FAX (305) 350-6261 dm1wroproimunici.Cl'1 municipalities are neither expressly authorized~ nor prohibited from funding the state COUrts system · \l,;1lile S 43 28, FIa Stat.,s states that the counties "shall provide appropriate Courtrooms, facilities and unless provided by the state, personnel necessary to operate the circuit and county courts," the statute does not expressly preempt municipalities from providing Such funding. Cj Art. V, S 14 stating that "alljudges shall be compensated only by state salaries fixed by general law," thereby preempting to the State the payment of judicia! salaries. Therefore, municipalities are neither required nor prohibited from appropriating funds to pay the salary of court employees. · \Vhile the funding of state couns systems' expenses is not expressly preempted to the county under ~ 43.28, Fla Stat., this does not mean that a municipality can be required to provide such funding. 6 · \Vhile you were initially advised that salaries of certain state court system employees were being paid by municipalities in the Fourth Judicial Circuit, Britt Beasley informed me that this is not an accurate statement. Rather, in the Fourth Judicial Circuit the governments of Duval County and the municipalities located within that county have been consolidated. See City of Jackson.ville Beach v. Albery, 291 So. 2d 82 (Fla. 1st DCA 1973). The salaries referred to above are funded by such .consolidat~ government. 7 y.. continued) which have resulted in or necessitate implementation of specialized programs or the commitment of resources which would not generally be required in other circuits such as where a county adopts a local program, enacts a local ordinance or pursues extraordinary activities which have a substantial financ~al or operational impact upon a giveo circuit. Examples may include, but are not limited to, specialized support persormeI, staffing and resources for video arraignments, pretrial release programs or misdemeanant probation. 'Regarding the expenditure for both the state attorney's and public defepder's offices, there is expressed legislative authorization for municipalities as well as counties. "to appropriate or contribute funds" to pay the salaries of certain personnel handling the prosecution and defense of offenses occurring within municipal boundaries. ~ 27.34(1) and ~ 27.54(2), Fla. Stat. jSee also 9 34.171, Fla. Stat., which provides that unless the state shall pay such expenses, the county shall pay all reasonable salaries of bailiffs, secretaries and assistants of the circuit and county courts and all reasonable expenses of the offices of circuit and county coun judges. 6Art. V, S 14( c) states that "no municipality" shall be "required to" provide any funding for the state coun system. While the constitution does not require municipalitiesto fund the courts, they are not expressly prohibited from doing so. 7Duval County' 5 consolidated government is akin to .Miami-Dade County's form of metropolitan government. Specifically, Mami-Dade Counry has adopted a Home Rule Charter gi'Ving a number of special powers to the Board ofColinty COmmissioners Art 8, ~ 6(t), Fla Const; (continuedq) 2 CO~CLuSION In my opinion the provision of courtrooms, facilities and personnel to the circuit and county courts has nm been expressly preempted to either state or county government While a municipality is not prohibited from funding the state courts system, it cannot be required to do so either.. c: David Robinson, General Counsel 7(. . continued) 12 Fla. Jur. 2d Counties. etc, 978. The metropolitan government ofMiarni-Dade County "has some of the characteristics ofbotb. the traditional municipal and county governments, but it cannot be said to be either of the traditional forms. Any effort to liken it to ei~her municipal or usual county government is likely to be inaccurate, erroneous and lead to confusion." County of Dade v. Saffran, 173 So. 2d 138 (Fla. 1965). ., ,j