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?