Dowagiac City Council approves prosecution agreement

Published 8:00 am Wednesday, April 30, 2014

The Dowagiac City Council has agreed to a partnership with the Cass County Prosecutor’s Office that will authorize the county to handle the cases pertaining to local ordinance issues.

The council approved the agreement by unanimous vote during their meeting Monday evening. Under the new contract, the prosecutor’s office will receive 65 percent of fines and costs awarded to the city in any successful litigation.

The agreement, which was developed by Cass County Prosecutor Victor Fitz and Public Safety Director Steven Grinnewald, has been in the works off and on for several years, said City Manager Kevin Anderson.

“It makes sense to streamline the process,” Anderson said. “Our police officers are already working with the county prosecutor on a number of things that are there and available. It will move things pretty smoothly along.”

Per the terms of the contract, the prosecutor’s office will handle any ordinance violations that occur within the city limits where an arrest is made, a citation is issued or a complaint is submitted by the city. The county will also prosecute all juvenile-related offenses in the city.

The agreement is year-to-year, and will renew automatically. Either party may terminate the partnership as long they give 60 days written notice.

While the city will be taking a nearly two-thirds cut in fines, the agreement will benefit their bottom line, Anderson said.

“When we do the math on it, the cost for this will be less than if we paid a municipal attorney by hour to do [the work],” he said.

The Cass County Board of Commissioners had previously authorized the county’s participation in the agreement during a meeting on April 8.

Other action passed by the council on Monday included:

• Reappointment of Council Member Charles Burling to the Citizens Review Commission for a term expiring May 2019.

• A resolution hiring Waste Management, of Battle Creek, to handle waste collection for the all city facilities and operations, starting on May 1.

• A resolution declaring the property at 209 Andrews St. a public nuisance. The property owner is required to demolish the nuisance within 30 days.

• A resolution approving a contract with the Michigan Department of Transportation for crack-sealing and paint-marking for the Dowagiac Municipal Airport’s runway. The city will pay $750 for the work.

• A resolution scheduling a public hearing at 7 p.m. May 27 to discuss an application filed by Creative Foam Corporation requesting a tax abatement for new equipment.

• A resolution to change the meeting time of the council’s meeting from 7 p.m. to 6 p.m. May 12 due to the Dogwood Fine Arts Festival.

• A resolution authorizing the payment of $280,953.08 for the city’s bills and payroll.