Maplewood and SO Agree to Terms on Shared Court

After , South Orange and Maplewood are getting very close to a final agreement on a shared violations bureau and court, which both towns hope to have up and running by January 1, 2011.

This morning, Mapleowod Mayor Vic DeLuca forwarded the agreed-upon terms of the joint violations bureau and court. DeLuca said that the Maplewood Township Committee would be authorizing the preparation of an inter-local agreement at tonight's Township Committee meeting.

The terms have all court activities for both towns taking place at the new Maplewood Police and Court Building on Springfield Avenue. The terms include a full breakdown of responsilibities as well as the costs involved. The agreement would be for five years, with one-year renewals thereafter. In the eighth month of each year, the towns would review the functionality of the court. Also, after one year, leadership will evaluate the costs and "true up" the payments if they are found to need adjusting.

Maplewood & South Orange

Municipal Violations Bureau and Court

July 2010

A. Responsibilities:

1. Maplewood will provide full-time Municipal Violations Bureau Services to South Orange.

1. Maplewood will provide administrative staffing services during all sessions of the South Orange Municipal Court. South Orange Court sessions currently are projected to be no more than 60 hours per month.

1. South Orange will provide a judge(s), prosecutor(s) and public defender(s) for all sessions of the South Orange Municipal Court.

1. South Orange will have the option to provide its own door security screener or request with 30 days notice that Maplewood provide, at South Orange's option, one or two door security screeners during sessions of the South Orange Municipal Court. If two security screeners are provided by Maplewood, one will be armed and one will be unarmed. If Maplewood provides door security screeners, Maplewood will charge South Orange the same hourly rate it pays per a contract with its security screening vendor, plus a management responsibility charge of two percent (2%).

1. South Orange will provide, at its own expense, a South Orange Police Officer for inside court room security during all sessions of the South Orange Municipal Court. In the event that an incident occurs within the courtroom or immediately outside the courtroom, during sessions of the South Orange Municipal Court, the South Orange Police Officer shall be responsible to file the appropriate charges against the individual(s).

1. South Orange will provide all prisoner transfers from South Orange and retain responsibility for the custody of the South Orange prisoner(s).

1. Maplewood will provide access to its lock-up facility. If a South Orange prisoner is confined in Maplewood's lock-up facility, a South Orange Police Officer will remain with and monitor the prisoner(s) at all times.

1. Maplewood and South Orange will investigate video teleconferencing, between South Orange and Maplewood, for South Orange prisoner Court appearances, to the extent allowed by the AOC.

1. If the provision of meals to South Orange prisoners is necessary, Maplewood will provide meals and bill South Orange the cost of the meals, plus a management responsibility charge of two percent (2%).

1. In compliance with AOC rules and regulations, Maplewood and South Orange will develop procedures for arraignments and the setting of bail.

1. In cooperation with South Orange's Judges, Maplewood will be responsible to schedule cases for all sessions of the South Orange Court.

B. Staffing:

1. In year one, Maplewood will employ the following six (6) person staff:

a.     One Municipal Court Administrator

b.     Two Deputy Municipal Court Administrators

c.     Three Violations Clerks

1. Maplewood shall have sole discretion for hiring these employees for the Maplewood & South Orange Municipal Violations Bureau and Court.  Maplewood will interview, evaluate, and consider current South Orange Violations Bureau employees for initial open positions.  Maplewood will assume sole responsibility for all employment related tort claims and indemnify South Orange for same.

1. At the end of the eight month in year one, Maplewood and South Orange will evaluate the staffing and operation of the Maplewood & South Orange Municipal Violations Bureau and Court and make a determination as to the adequacy of staffing and allocation of staff costs for year two.  This evaluation will be conducted by the eighth month of all subsequent years of the agreement.  Maplewood's Court Administrator will establish service performance levels and measures, which will be incorporated into a mutually acceptable Service Level Agreement, which will become the basis for assessing staffing levels. In the event additional staffing is necessary, Maplewood and South Orange will seek to reach agreement on adding staff. If an impasse is reached, a qualified and independent mediator, who is mutually agreed to by Maplewood and South Orange, will be engaged to help the parties reach agreement. Maplewood and South Orange shall equally share the costs of such mediation. Maplewood and South Orange agree that the decision rendered by the mediator will be binding and final.

1. Maplewood will provide adequate office, storage, and conference spaces for the South Orange judge, prosecutor and public defenders.

1. Maplewood will provide adequate parking for the judge, prosecutor and public defender. Other South Orange employees and court visitors will utilize the parking lot of the adjacent Church of the Latter Day Saints as per an agreement between Maplewood and the Church.

1. South Orange will deliver and pick up all South Orange ticket books and other South Orange documents to/from the Maplewood & South Orange Municipal Violations Bureau in Maplewood, based on mutually agreed upon operating procedures.

1. Maplewood will be responsible for all regulatory and reporting requirements with respect to the Maplewood & South Orange Municipal Violations Bureau and Court.

C. Allocation of Expenses:

1. Maplewood and South Orange equally will pay the cost of personnel, 50% for Maplewood and 50% for South Orange. Personnel costs will include salary, employer taxes, workers compensation insurance, unemployment insurance, and employee benefits.

1. Maplewood and South Orange equally will pay the cost of office supplies/equipment, 50% for Maplewood and 50% for South Orange.  Both parties will establish a quarterly process to review and control costs, within 30 days after the end of each quarter.

1. Maplewood and South Orange equally will pay the cost of maintenance, utilities, phones and other expenses for the operation of the Maplewood & South Orange Municipal Violations Bureau, 50% for Maplewood and 50% for South Orange.  Both parties will establish a quarterly process to review and control costs, within 30 days after the end of each quarter.

1. South Orange will pay an overhead charge of 8.8 percent and a management responsibility charge of 2 percent for a total of 10.8 percent for office supplies for the operation of the Maplewood & South Orange Municipal Violations Bureau.  The overhead and management responsibility charges include but are not limited to the following items: finance office operations and billing, contract administration and monitoring, purchasing, human resources, information technology, and legal and auditing fees.

1. South Orange will pay an overhead charge of 8.8 percent and a management responsibility charge of 2 percent for a total of 10.8 percent for personnel, maintenance, utilities, phones and other expenses for the operation of the Joint Municipal Violations Bureau. The overhead and management responsibility charges include but are not limited to the following items: finance office operations and billing, contract administration and monitoring, purchasing, human resources, information technology, and legal and auditing fees.

1. Maplewood and South Orange equally will pay a fixed rate amount of $55 per square foot, 50% for Maplewood and 50% for South Orange, for the 2,000 square feet of space associated with the Maplewood & South Orange Municipal Violations Bureau. The projected annual fixed rate amount is $110,000 ($55 x 2,000), $55,000 for Maplewood and $55,000 for South Orange.  The 2,000 square feet include the violations bureau, basement storage, lobby and rest rooms. No overhead or management responsibility charges will be assessed on the fixed rate amount for the space associated with the Maplewood & South Orange Municipal Violations Bureau.

1. South Orange will pay an all inclusive lease fee of $39 per hour for sessions of the South Orange Court. The projected annual lease fee, based on an annual average of 60 hours of South Orange court sessions per month plus 15 hours of pre- and post-court time, is $35,100. The courtroom space includes the municipal court, judge's chambers, prosecutor office, public defender office, lobby and rest rooms.

1. South Orange will pay a $50 weekly add-on fee for each session of the South Orange Court. The projected annual add-on fee is $5,200, based on two weekly sessions. 

D. Term, Renewal and Other Items:

1. The Maplewood & South Orange Municipal Violations Bureau and Court will begin on January 1, 2011. Prior to that date, a transition period, of sufficient duration, will take place to ensure the January start date.

1. The term of the agreement shall be five years, ending on December 31, 2015.

1. The agreement shall continue for additional successive, one-year terms, unless one of the parties gives at least nine (9) months notice of the intent to not renew.

1. After year one, Maplewood and South Orange will evaluate the operating costs of the Maplewood & South Orange Municipal Violations Bureau and Court and annually adjust or "true up" the expense allocation. Maplewood and South Orange will seek to reach agreement on the amount of annual adjustments or truing up. If an impasse is reached, a qualified and independent mediator, who is mutually agreed to by Maplewood and South Orange, will be engaged to help the parties reach agreement. Maplewood and South Orange shall equally share the costs of such mediation. Maplewood and South Orange agree that the decision rendered by the mediator will be binding and final.

1. South Orange will pay Maplewood for modest, mutually agreed upon building modifications, furniture, computers and phones to accommodate the incorporation of the South Orange Violations Bureau and Court into the Maplewood facility. A management responsibility of 2 percent will be assessed for all purchase/expenses.

1. Maplewood and South Orange equally will pay for any additional bonding insurance costs incurred by Maplewood for the Maplewood & South Orange Municipal Violations Bureau and Court.  Maplewood will be responsible to South Orange for any misappropriation of funds held on behalf of South Orange.

1. Maplewood and South Orange each will receive ticket revenue from their own jurisdiction, and provisions will be made to deposit South Orange's funds directly into its own bank account. A mutually agreed upon operating procedure, including mileage reimbursements to and from the South Orange bank, will be established by both parties. If Maplewood determines that an armored car service will be used by Maplewood, South Orange, at its option, may utilize this service and will be assessed the incremental cost for this service.

1. Maplewood and South Orange will work with any consultants and/or experts to effectuate this agreement.

1. The name of the shared violations bureaus Maplewood and South Orange shall be the Maplewood & South Orange Municipal Violations Bureau. The courts will continue to be named the Maplewood Municipal Court and the South Orange Municipal Court.  Signage reflecting these names shall be installed.

1. Maplewood and South Orange will negotiate payments and procedures for South Orange prisoner transport, confinement and security while in the Maplewood facility, including mutually agreeable cross-indemnifications. Such indemnifications shall be determined after the Maplewood and South Orange Police Chiefs develop procedures and protocols.

1. In the event the Maplewood & South Orange Municipal Violations Bureau and Court increases insurance premiums for Maplewood, Maplewood and South Orange will negotiate a fair amount for South Orange to pay Maplewood.  Both municipalities' Risk Management Consultants shall work jointly to calculate and recommend an equitable allocation of the increased premiums.

1. Maplewood and South Orange will evaluate how South Orange's PATS will be integrated into the Maplewood & South Orange Municipal Violations Bureau. In addition, Maplewood and South Orange will evaluate possible future utilization of state-of-the-art technology for municipal violations bureaus and courts.

Items not expressly mentioned above, may be identified at a later time and will be addressed by Maplewood and South Orange prior to implementation of the Maplewood & South Orange Municipal Violations Burea