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TO: BOARD OF SUPERVISORS .....
Contra
Phil Batchelor r�� �� _t. Costa
FROM: County Administrator - l
g s
January 24, 1989 ` Count/
DATE: T rA'coax
SUBJECT: Legislation: Assembly Bill 281 (Frazee)
SPECIFIC REOUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION•
Adopt a position in SUPPORT of AB 281 by Assemblyman Frazee which
would remove the dollar ceiling on the charge which can be made
by the Municipal Court for mailing a copy of a claim to the
parties in a small claims action and, instead, provides that the
charge shall be the actual cost of postage rounded up to the
nearest dollar, thereby automatically adjusting for future
increases in the cost of postage.
BACKGROUND:
Under current law, a small claims court is required to charge the
party filing a claim a fee of $3 for each party to whom a copy of
the claim is mailed by the Clerk. The Municipal Court mails
copies of such claims by certified mail. The actual cost of such
a mailing currently exceeds the $3 fee.
AB 281 has been introduced on behalf of the Municipal Court
Clerks ' Association to correct this situation and allow the fee
to be increased to cover the actual cost of postage, adjusted
upward to the nearest dollar amount. This bill will insure that
the fee charged for small claims cases does not fall behind
actual increases in postage in the future, while not allowing
excessive increases in that the fee can only equal the actual
cost of postage, rounded upward to the nearest dollar for ease of
administration. This bill reflects one of the items in the Board
of Supervisors ' 1989 Legislative Program and thus deserves the
support of the Board.
CONTINUED ON ATTACHMENT: YES SIGNATURE: &k6hz
X RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
X APPROVE OTHER
SIGNATUREM:
:
ACTION OF BOARD ON j a n Ila r)r 31 , 1989 APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
X ✓t.-- I HEREBY CERTIFY THAT THIS IS A TRUE
UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN
AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD
ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN.
CC: County Administrator JAN 3 1 )989
Municipal Court Administrator ATTESTED
Assemblyman Robert Frazee PHIL BATCHELOR,CLERK OF THE BOARD OF
Les Spahnn, Jackson/Barish & Associates SUPERVISORS AND COUNTY ADMINISTRATOR
M382 (10/88) BY ,DEPUTY