(Published in the McAlester News-Capital March 23rd, 2017.) ORDINANCE NO. 2595 CONSIDER AND ACT UPON AN ORDINANCE OF THE CITY OF MCALESTER ESTABLISHING THE COMMUNITY SERVICE PROGRAM WITHIN THE CITY OF MCALESTER, OKLAHOMA; AMENDING MCALESTER CITY CODE CHAPTER 30 COURT, ARTICLE II, DIVISION 3, SECTION 30-66, DEFINITIONS; SECTION 30-67, CRITERIA FOR COMMUNITY SERVICE PROGRAM; SECTION 30-68, COMMUNITY SERVICE AGREEMENT; SECTION 30-69, HOURLY RATE AND COMPLETION TIME; SECTION 30-70, VIOLATIONS AND PENALTIES. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MCALESTER, OKLAHOMA, that: CHAPTER 30: Article II, Division 3, Section 30-66 to 30-70 of the McAlester Code of Ordinances âCommunity Service Programâ is hereby established to read as follows: Sec. 30-66. Definitions. Unless specified, the term: (1) Community Service Program means a constructive, valuable sanction available for use by a municipal judge to allow offenders to pay court fines by providing needed services. (2) Community Service Agreement means an agreement between the defendant and the Municipal Court for the defendant to complete community service hours in lieu of court fines. Sec. 30-67. Criteria for Community Service Program (1) Defendant must be physically able to perform manual labor. If the defendant is pregnant, has doctor orders not to work, or is on disability, the defendant may not be allowed to complete community service. (2) Defendant must complete the necessary community service hours at either a non-profit organization or governmental agencies within the City of McAlester unless otherwise approved by the judiciary. (3) Defendant must receive approval by the Municipal Court before beginning the community service hours. Sec. 30-68. Community Service Agreement (1) Before the defendant is allowed to work, he/she will be required to sign a Community Service Agreement. This Agreement contains the following eight (8) rules and regulations. (A) The defendant will be allowed one (1) opportunity to participate in the Community Service Program. (B) The defendant must return completed hours to the Municipal Court in order to receive credit for community service. (C) Community service must be completed within 45 days unless the Municipal Court has granted an extension. (D) The defendant understands that participating in the community service program is voluntary. (E) The defendant is not considered an employee of the City of McAlester, the Municipal Court, or the agency to which the defendant is assigned or their respective employees and agents. Defendant shall not be entitled to workerâs compensation, unemployment benefits, or any other benefits otherwise provided by law to employees. (F) The defendant will sign a Release of Liability and Indemnity Agreement releasing the City of McAlester, its Municipal Court, or any agency to which the defendant is assigned, and their respective employees and agents from liability. (G) Appropriate safety equipment will be supplied by the supervising entity in order for the defendant to complete the tasks safely. The defendant is required to wear clothing that is appropriate for the assigned work site. (H) The defendant is responsible for making the necessary transportation and child care arrangements in order to comply with the Community Service Program. Defendants are also responsible for making arrangements with their employer if participation in the program conflicts with their employment schedule. (2) Juvenile defendants participating in community service shall be supervised at separate locations from adult defendants. Sec. 30-69. Hourly Rate and Completion Time (1) The pay grade will be classified as Grade 112-8 which will apply towards the defendantâs court fines. (2) The defendant will have 45 days to complete the Community Service Program. An extension may be granted by the Municipal Court. (3) If the defendant completes a portion of the Community Service Program, the Municipal Court may grant credit for time served. Sec. 30-70. Violations and Penalties (1) The defendant is expected to work the hours and days assigned. The defendant will be asked to leave the service site immediately if performance, attitude or unsatisfactory performance occurs. Failure to report for work, failure to report on time or failure to accept direction will result in noncompliance and the defendant will be referred back to the Municipal Court for further action. APPROVED this 28th day of February, 2017. CITY OF McALESTER, OKLAHOMA By John Browne, Mayor
↧