The Sheriff of Brunswick?

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Various statements made on the web site of "Residents for Council-Manager Government" regarding the law enforcement powers of the Mayor need a closer look. The quoted statements are from their web site, "Comparisons" page, as of October 21, 2002 and also from the City of Brunswick Comprehensive Annual Financial Report for 2001. From their web site:

 "He shall be the chief executive conservator of the peace within the territory of the Municipality, and shall see that all laws and ordinances are enforced therein. This is the definition of a sheriff or marshal. Not only would the mayor be the judicial head of the city. He would also assume the powers of the chief law enforcement officer. This is similar to what exist in cities that derive a large portion of their income thru citation. This provides for no check and balance in the system."

FACT: The present Charter section about the Safety Director is retained, along with the required qualifications. It is interesting to note that our recently-retired Safety Director of 28 years does not meet the qualifications of the current Charter, but was allowed to keep his job because he held it from prior to 1975. A strong mayor cannot be appointed Safety Director unless he or she meets the existing qualification requirements.

Does anyone think Brunswick does not already derive a large portion of its income through citations? Page 7 of the 2001 Comprehensive Annual Financial Report of Brunswick, available by clicking here, describes our Mayor's Court:

"Brunswick operates a Mayor’s Court under the provisions of the Ohio Revised Code. The court hears all traffic and first to fourth misdemeanor charges. In the case of a "not guilty" plea, the cases are transferred to the Municipal Court in Medina."

The item named "Fines and Forfeitures" is described on page 16:

"Fines and Forfeitures - Payments received by the City through the Medina Municipal Court and through the City of Brunswick Mayor’s Court from fines, costs and bond forfeitures for both civil and criminal cases."

How much income was derived from "Fines and Forfeitures"? From page 17:

Revenues 2000 2001   Percent
  Amount Amount 

Change

Change
         
Fines and Forfeitures 620,207  518,478 (101,729) (16.40)

 Let's now look at Brunswick Ordinance 52-02, The Brunswick Police Department purchased eleven, count them, eleven replacement traffic radar units for $13,372. Has anyone ever seen eleven Brunswick Police cars on the road at the same time? We haven't seen them. Ordinance 52-02 is available by clicking here. Maybe they wear the radar units out too fast from over-use generating income thru citation?

"Residents for Council-Manager Government" also claims on their "Questions" web page, as of October 21, 2002, that the Mayor's judicial powers will have a:

"CONFLICT WRITTEN INTO THE CHARTER REFERENCE HIS JUDICIAL AND LAW ENFORCEMENT DUTIES"

We believe they mean to imply that a Mayor would be the judge, jury and executioner because of Mayor's Court and because of this statement in the proposed Charter amendments:

"He shall be the chief executive conservator of the peace within the territory of the Municipality, and shall see that all laws and ordinances are enforced therein."

Once again, the definition of Mayor's Court from the City's CAFR Report:

"Brunswick operates a Mayor’s Court under the provisions of the Ohio Revised Code. The court hears all traffic and first to fourth misdemeanor charges. In the case of a "not guilty" plea, the cases are transferred to the Municipal Court in Medina."

How could there be any conflict if the Mayor's Court only accepts guilty pleas and everything else is transferred out of the City?

 

Copyright 2002 - Citizens for the Right to Elect - All Rights Reserved

Paid for by the committee "Citizens for the Right to Elect"

Gloria Tews -Treasurer, 3671 Ascot Dr., Brunswick, OH 44212

Last Updated: 10/30/2002