Broken Arrow City Council
Meeting of: 09-15-2015
To: Mayor and City Council
From: Office of the City Attorney
Title:
title
Consideration, discussion and possible approval of Resolution No. 893, a Resolution of the City Council of the City of Broken Arrow formally expressing the intent of the City of Broken Arrow to continue to assume jurisdiction of cases involving children under eighteen (18) years of age charged with violating municipal ordinances committed in Wagoner County, Oklahoma, pursuant to authority of Title 10A, Oklahoma Statutes §2-2-103; and directing the Legal Department to file the Resolution with the Wagoner County District Court
End
Background:
Prior to 2009, under the authority of Title 10 Section 7303-1.2(E) of the Oklahoma Statutes, municipalities were authorized to assume jurisdiction of juvenile misdemeanor offenders pursuant to interlocal agreements with the District Courts. The City of Broken Arrow entered into an interlocal agreement with the District Courts on July 1, 1998, authorizing the City to assume jurisdiction of certain specified juvenile misdemeanor offenders. The City continuously prosecuted misdemeanor cases involving juveniles since that agreement was entered into. The express purpose of the agreement was to enable the City to establish, develop, and implement various prevention or early intervention programs for local juvenile misdemeanor offenders thereby allowing the State to concentrate its resources on repeat and felony offenders. In 2003, the Broken Arrow City Council adopted a Resolution authorizing the City to continue to assume jurisdiction of municipal misdemeanor cases involving juveniles.
Title 10 of the Oklahoma Statutes was repealed and the Legislature enacted Title 10A which includes Section 2-2-103 that now governs the jurisdiction of cases involving juveniles who violate municipal ordinances. The Statute necessitates a new resolution as the City of Broken Arrow is a municipality with a population of at least twenty-five thousand (25,000), exceeding the statutory requirements. A resolution must be approved for each District Court in which the City is located. Thus, the Legal Department recommends that the Broken Arrow City Council approve the attached Resolution for the City to continue to assume jurisdiction of misdemeanor cases involving juveniles who violate the City’s Municipal Code of Ordinances.
Cost: $0
Prepared By: Beth Anne Wilkening, City Attorney
Reviewed By: Assistant City Manager
Approved By: Russell M. Gale, Acting City Manager
Attachments: Resolution No. 893
Recommendation:
Approve Resolution 893 and authorize it execution