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Ordinance No. 11,944ORDINANCE NO. 11,944 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AMENDING CHAPTER 2 "ADMINISTRATION," ARTICLE V "FINANCE," DIVISION 2 "ADMINISTRATIVE FEES AND CHARGES," SECTION 2 -617 "MUNICIPAL COURT COSTS - BUILDING SECURITY FEE, FUND" OF THE CODE OF ORDINANCES, BAYTOWN, TEXAS, TO RENAME SUCH SECTION AS SECTION 2 -617 "MUNICIPAL COURT COSTS - BUILDING SECURITY FEE AND JUVENILE CASE MANAGER FEE" TO CREATE A JUVENILE CASE MANAGER FUND TO FINANCE THE SALARY AND BENEFITS OF A JUVENILE CASE MANAGER; ESTABLISHING REASONABLE RULES FOR ETHICAL AND TRAINING STANDARDS FOR THE POSITION; PROVIDING FOR IMPLEMENTATION OF SAID STANDARDS, PROVIDING FOR PERIODIC REVIEW TO ENSURE IMPLEMENTATION OF THE REQUISITE STANDARDS; PROVIDING A REPEALING CLAUSE; CONTAINING A SAVINGS CLAUSE; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That Chapter 2 "Administration," Article V "Finance," Division 2 "Administrative Fees and Charges," Section 2 -617 "Municipal Court Costs - Building security fee, fund" of the Code of Ordinances is hereby renamed and amended to read as follows: CHAPTER 2. ADMINISTRATION ARTICLE V. FINANCE DIVISION 2. ADMINISTRATIVE FEES AND CHARGES Sec. 2 -617. Municipal court costs — Building security fee and Juvenile case manager fee. (a) Building security fee. (1) A defendant convicted of a misdemeanor offense in the municipal court shall pay a security fee of $3.00 as a court cost. (2) A person shall be considered convicted if: a. A sentence is imposed on the person; b. The person receives community supervision, including deferred adjudication; or C. The court defers final disposition of the person's case. (3) The clerk of the municipal court shall collect the costs and pay them to the city treasurer for deposit in a fund to be known as the municipal court building security fund. (4) The municipal court building security fund is established by and shall be administered by and under the direction of the city council. (b) Juvenile case manager fee. (1) A defendant convicted of a fine -only misdemeanor offense in the municipal court shall pay a juvenile case manager fee of $5.00 as a court cost. (2) A person shall be considered convicted if: a. a sentence is imposed on the person; b. the person receives deferred disposition, including deferred proceedings under Vernon's Ann. C.C.P. art. 45.052 or 45.053; or C. the person receives deferred adjudication in county court. (3) The judge is hereby authorized to waive the fee imposed in subsection (b)(1) of this section in the case of a financial hardship. (4) The clerk of the municipal court shall collect the costs and pay them to the city treasurer for deposit in a fund to be known as the juvenile case manager fund. (5) The juvenile case manager fund is established by and shall be administered by and under the direction of the city council. Section 2: That the City Council of the City of Baytown, Texas, hereby adopts the Juvenile Case Manager Code of Ethics as the ethical standard to which the City's juvenile case managers shall be held. Such code is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 3: That the City Council of the City of Baytown, Texas, hereby adopts the Educational Pre - service and In- service Training Standards as the appropriate educational standards for its juvenile case managers. Such standards are attached hereto as Exhibit "B" and incorporated herein for all intents and purposes. Section 4: The City Council of the City of Baytown, Texas, hereby directs that the rules and standards adopted herein be implemented by the appropriate personnel. Section 5: The City Council of the City of Baytown, Texas, hereby requires annual review of its juvenile case managers to ensure implementation of the rules adopted herein. 2 Section 6: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency and in all other respects this ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered by this ordinance. Section 7: If any provision, section, exception, subsection, paragraph, sentence, clause or phrase of this ordinance or the application of same to any person or the set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other persons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 8: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is hereby directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown at least twice within ten (10) days after passage of this ordinance. INTRODUCED, READ, and PASSED by the affrrmatrote of the City Council of the City of Baytown, this the 24" day of May 2012. �/ WIN Clerk APPROVED AS TO FORM: NACIO RAMIREZ, SR., Cit ttomey \ \Cobfs0I \Icga1\Knren \Fi1es \City Counci1\0rdtnancesQ012day 24Vuv nilc weManagerFund.docx Exhibit "A" MODEL CODE OF ETHICS FOR JUVENILE CASE MANAGERS 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. STANDARDS 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. 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. 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. 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. 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, disability, or national origin. ENFORCEMENT Any alleged violation of applicable ethical standards shall be subject to investigation and discipline by the hiring entity's designated non judicial department or supervisor. Exhibit "B" Pre - Service and In- Service Standards Courts may use these guidelines when establishing educational and training requirements for their staff. Recommendations for Applicants: Most Preferred: a four year degree in relevant social sciences field such as social work, psychology, sociology. Optional Preferred: a four year degree in any discipline and minimum two year experience as a case manager. Least recommended: A high school diploma/GED and five years relevant (or applicable) experience to be determined by the municipality. Recommendations for existing JCM: Existing juvenile case managers that lack suggested areas of training should begin obtaining said requirements through the "in- service" section via a time frame to be determined by the municipality. Definitions: Pre - service Training refers to those skills, training, or certifications possessed at the time of hire or prior to the commencement of the juvenile case manager's full duties. In- Service Training refers to additional skills, training, or certification hours obtained after commencement of juvenile case manager's full duties. Pre - Service Training Requirements: (Minimum recommendation of 24 hours of the following prior to start case work) • The role of the juvenile case manager • Ethics • Juvenile law & introduction to court procedure • Fundamentals of case planning and management • Interagency collaboration • Risk assessment • Juvenile mental health • Child psychology • Report writing In- Service Training Requirements: (Minimum recommendation of 8 hours per year) • Mental health • Legal updates • Recognizing and Reporting Abuse & Neglect • Substance Abuse • Special Topics • Juvenile Gangs • Family Violence • Bullying • Sex offenders o Juveniles with Learning, Psychological, and Physical Disabilities • Upgrades in Documentation and Technology • How to Be an Expert Witness