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Home My WebLink About2011-3378 - Ordinance - 11/10/2011 ORDINANCE NO. 2D I I -,3S-7 $ AN ORDINANCE AMENDING CHAPTER 10, "TRAFFIC CODE" SECTION 9, "JUVENILE CASE MANAGER", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That CHAPTER 10, "TRAFFIC CODE", SECTION 9, "JUVENILE CASE MANAGER" of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Hundred Dollars ($200.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 34 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED thisI Oh-day of _NoYemhPIT , 2011. APPROVED: Mayor ATTEST: I All City Secret APP ED- City Attorney JUVENILE CASE MANAGER ORDINANCE Page 2 EXHIBIT "A" That CHAPTER 10, "TRAFFIC CODE", SECTION 9, "JUVENILE CASE MANAGER" of the Code of Ordinances of the City of College Station, Texas, is hereby amended to read in its entirety as follows: SECTION 9: JUVENILE CASE MANAGER A. JUVENILE CASE MANAGER (1) The Municipal Court Administrator is authorized to create the position of Juvenile Case Manager and staff the position pursuant to Article 45.056 of the Texas Code of Criminal Procedure, as amended. B. JUVENILE CASE MANAGER FUND (1) DEFINITIONS (a) Convicted shall have the meaning as defined in Article 102.0174(e) of the Texas Code of Criminal Procedure, as amended. (b) Fee shall mean the Juvenile Case Manager Fee established under this section (c) Fund shall mean the Juvenile Case Manager Fund established under this section. (2) ESTABLISHMENT OF JUVENILE CASE MANAGER FUND Pursuant to Article 102.0174 of the Texas Code of Criminal Procedure, as amended, a Juvenile Case Manager Fund is established, which will be a separate fund in the City Treasury to be administered by or under the direction of the City Council. (3) JUVENILE CASE MANAGER FEE SET AT $5.00 Each defendant convicted of a fine-only misdemeanor offense in the municipal court shall pay a Juvenile Case Manager Fee of five dollars ($5.00) as a cost of court in addition to any other fines, penalties, or court costs required by City ordinance or state or federal law. A separate Fee must be paid for each separate conviction of a fine-only misdemeanor offense. (4) WAIVER OF FEE FOR FINANCIAL HARDSHIP The Municipal Judge may waive the Juvenile Case Manager Fee in the case of financial hardship. JUVENILE CASE MANAGER ORDINANCE Page 3 (5) USE OF COLLECTED FEE ONLY FOR CERTAIN EXPENSES The Municipal Clerk shall collect the fee and pay it to the City Treasury for deposit in the fund. The fund may be used only to finance the salary, benefits, training, travel expenses, office supplies, and other necessary expenses relating to the position of a Juvenile Case Manager employee under Article 45.056 of the Texas Code of Criminal Procedure, as amended. C. JUVENILE CASE MANAGER CODE OF ETHICS (1) PREAMBLE The goal of the Juvenile Case Manager is to assist the Court in administering the Court's juvenile docket and in supervising its court orders in juvenile cases. The mission of the Juvenile Case Manager is to assist judges in providing juveniles the resources to shape their futures, connect with the community, and become law abiding citizens. When applying this Code of Ethics, keep foremost in mind that the City is guided at all times by the values of integrity, excellence, compassion, and respect for the dignity of every person. (2) STANDARDS (a) Confidentiality. A Juvenile Case Manager shall not disclose to any unauthorized person any confidential information acquired in the course of employment. A Juvenile Case Manager shall not violate the confidentiality of juvenile clients, unless it is to seek consultation services from within the case management program, school campus, or the juvenile has threatened to harm himself, herself or others, or to provide details of any criminal activity or enterprise. (b) Conflicts of Interest. A Juvenile Case Manager shall be alert to and avoid conflicts of interest that interfere with the exercise of professional discretion and impartial judgment. In order to maintain the community's trust in the judicial system, a Juvenile Case Manager should avoid soliciting or accepting improper gifts, gratuities, or loans, and should avoid engaging in business relationships that give rise to an appearance of impropriety. (c) Competence. A Juvenile Case Manager shall endeavor at all times to perform official duties properly and with courtesy and diligence. A Juvenile Case Manager shall fulfill his or her duty and represent himself or herself only within the boundaries of their education, training, license, certification, consultation received, supervised experience, or other relevant professional experience. JUVENILE CASE MANAGER ORDINANCE Page 4 (d) Respect for the Law. A Juvenile Case Manager shall abide by all federal, state, county, and municipal laws, guidelines, ordinances and rules. A Juvenile Case Manager shall be familiar with the Texas Code of Judicial Conduct and the basic standards to which members of the judiciary are held. (e) Abuse of Position. A Juvenile Case Manager shall not use or attempt to use his or her official position to secure unwarranted privileges or exemptions for himself, herself, or any other person. A Juvenile Case Manager shall always maintain an appropriate relationship with juveniles coming under the jurisdiction of the Court. A Juvenile Case Manager shall not discriminate against any person on the basis of age, sex, creed, sexual preference, disability, or national origin. (3) ENFORCEMENT Any alleged violation of applicable ethical standards shall be subject to investigation and discipline by the City's designated non judicial department or supervisor. D. JUVENILE CASE MANAGER TRAINING STANDARDS (1) The Juvenile Case Manager shall adhere to the pre-service and in-service training standards promulgated by the Texas Municipal Court Education Center and shall receive training in at least the following areas: (a) the role of the juvenile case manager; (b) case planning and management; (c) applicable procedural and substantive law; (d) courtroom proceedings and presentation; (e) services to at-risk youth under Subchapter D, Chapter 264, Family Code; (f) local programs and services for juveniles and methods by which juveniles may access those programs and services; and (g) detecting and preventing abuse, exploitation, and neglect of juveniles. E. ANNUAL REVIEW Annual review of the Juvenile Case Manager shall be performed jointly by the Municipal Court Administrator and Presiding Judge to ensure implementation of the rules adopted in this section.