Madison, WI Header
File #: 57566    Version: Name: MOU between UWPD and the City
Type: Resolution Status: Passed
File created: 9/24/2019 In control: Mayor's Office
On agenda: 11/5/2019 Final action: 11/5/2019
Enactment date: 11/8/2019 Enactment #: RES-19-00747
Title: SUBSITUTE - A resolution authorizing the Mayor and City Clerk to sign a Memorandum of Understanding with the University of Wisconsin -Madison to allow the UW Police Department to write certain citations as City of Madison ordinance violations to be processed in Madison Municipal Court.
Sponsors: Satya V. Rhodes-Conway, Michael E. Verveer

Fiscal Note

The proposed resolution authorizes a Memorandum of Understanding (MOU) with the University of Wisconsin -Madison to allow the UW Police Department (UWPD) to write certain citations as City of Madison ordinance violations to be processed in Madison Municipal Court. The MOU is for one year with an option to renew if agreed upon by both parties. It is expected the City will see between 150-200 additional citations per year resulting in $4,950 to $6,600 increase per year in court costs which are retained by the Municipal Court and $15,000 to $20,000 increase per year in base forfeiture revenues which are deposited in the general fund. To process UWPD citations, Municipal Court needs a modification to their court system software at a one-time cost of $10,059. Funding for the modification is available in the Municipal Court System project in Information Technology’s capital budget (Munis #17109). Municipal Court will also pay a modest increase its annual support and maintenance fees ($1,700) for the software which will be accommodated in future annual court budgets.

Title

SUBSITUTE - A resolution authorizing  the Mayor and City Clerk to sign a Memorandum of Understanding with the University of Wisconsin -Madison to allow the UW Police Department to write certain citations as City of Madison ordinance violations to be processed in Madison Municipal Court.

Body

WHEREAS,  UWPD citations issued for noncriminal violations are normally written for state circuit court and prosecuted by the District Attorney’s office; and

WHEREAS,   the University of Wisconsin Police Department (UWPD) has statewide jurisdiction to issue citations for certain noncriminal violations including those related to underage possession/consumption of alcohol, false identification, and disorderly conduct; and

WHEREAS, UWPD would like to write citations for underage possession/consumption of alcohol, false identification, and disorderly conduct occurring in the City as City of Madison ordinance violations to be prosecuted in Madison Municipal Court; and

WHEREAS, the Madison Police Department supports this because the UW Police Department is providing supplemental policing coverage needed by the City at no cost to the City; and

WHEREAS, the Municipal Court, and Office of the City Attorney have agreed to process such citations in the Madison Municipal Court on a one year trial basis which, if successful and does not result in a significant increase in City Attorney workload or other unintended consequences for the City, shall continue until November 1, 2020, with an option to renew if agreed upon by both parties; and

WHEREAS, it is expected the City will see between 150-200 additional citations per year resulting in $4,950 to $6,600 increase per year in court costs which are retained by the Municipal Court and $15,000 to $20,000 increase per year in base forfeiture revenues which are deposited in the general fund; and

WHEREAS, to process UWPD citations, the Municipal Court will contract with its software vendor, Titan Public Safety Solutions, to modify the court’s software at a one-time cost of $10,059 and the Municipal Court will also pay a modest increase its annual support and maintenance fees for the software which will be included in the future annual court budget;  and

WHEREAS,  the City Attorney’s office, Municipal Court, Madison Police Department and Mayor’s office shall consult before the end of the first year to determine whether to continue this arrangement, in addition, the PSCR shall receive a report on the trial prior to the arrangement becoming permanent;

NOW, THEREFORE, BE IT RESOLVED that the Mayor and City Clerk are authorized to execute a Memorandum of Understanding with the Board of Regents for the University of Wisconsin System on behalf of the University of Wisconsin-Madison Police Department for the purposes and the duration described above.