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Home My WebLink AboutMINUTES - 06031997 - C109 TO: BOARD OF SUPERVISORS Contra Costa FROM: PHIL BATCHELOR, County Administrator County DATE: June 3, 1997 SUBJECT: RELIEF OF CASH SHORTAGE IN THE WALNUT CREEK-DANVILLE � MUNICIPAL COURT STq COUKT� ---------------------------------------------------------------------------- ------------------------------------------------------------ SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION: AUTHORIZE relief of cash shortage in the amount of $1449.23 that was detected on or about March 18, 1997 in the Walnut Creek-Danville Municipal Court, as recommended by the Auditor- Controller. BACKGROUND: The cash shortage occurred as a result of the court's failure to deposit two cash deposits or bonds in interest-bearing accounts as is required by CCP 995.710. The cash loss of$1449.23 represents interest refunded to the individuals which posted the deposits or bonds with the court. A description of the errors are included in a report by the court, attached hereto. To avoid recurrence of this type of shortage, the courts have issued a procedural memorandum to affected staff advising them of the legal requirements. The Auditor-Controller has reviewed the circumstances of the loss and recommends that relief be granted. CONTINUED ON ATTACHMENT: YES SIGNATURE: ------------------------------------------------------------- ------- -------------------------------------- RECOMMENDATION OF COUNTY ADMINISTRAT RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ----------------------------------------------------------------------------------------------------I----------------------------------------------------------------------------- --------------------------- ACTION OF BOARD ON June 3, 1997 APPROVE AS RECOMMENDED X OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN X_UNANIMOUS(ABSENT ) AND ENTERED ON THE MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE AYES: NOES: SHOWN. ABSENT: ABSTAIN: ATTESTED June 3, 1997 CONTACT:KEN TORRE,COURT ADMINISTRATOR(510)646-1542 PHIL BATCHELOR,CLERK OF THE BOARD CC: COUNTY ADMINISTRATOR OF SUPERVISORS AND COUNTY AUDITOR-CONTROLLER ADMINISTRATOR COORDINATED TRIAL COURTS BY ,DEPUTY Office of COUNTY AUDITOR-CONTROLLER Contra Costa County Martinez, California April 24, 1997 TO: Phil Batchelor, County Administrator FROM: Kenneth J. Corcoran, Auditor-Controller By: David A. Sumner, CIA, CGFM, Senior Auditor SUBJECT: Relief of Shortage, Municipal Court, Walnut Creek -Danville Judicial District We have reviewed the attached request for relief of shortages for the total of$1,449.23 that occurred in the Municipal Court, Walnut Creek-Danville Judicial District. We recommend that relief of the $1,449.23 shortage be granted. KJC/DAS:ds 0037MMC7 Attachment CC: Ken Torre, Court Executive Officer Laura Bogardus, Walnut Creek -Danville Judicial District Court Manager fit QATEM" �i nECEiv APR 2 8 1997 1 SCE r �f S�_ L MUNICIPAL COURT BRUCE VAN VOOJUDGE JUDGE�E.--"""':�-•,p� MERLE R.EATON,JUDGGE BRU•;'" - UDGE WALNUT CREEK— DANVILLE JUDICIAL DISTRICT JOEL H. OLUB,,COURT f - JOEL H.GOLUB,COURT COMMISSIONER ;. 640 YGNACIO VALLEY ROAD,WALNUT CRCEK,-CACIFbr2NI�A4596-1 128 LAURAB GAR U A• '2" 's DISTRICT COURT MANAGER Tq COUfA TO: Kenneth J. Corcoran Auditor-Controller FROM: Ken Torre Court Executive Officer by: Laura Bogardus District Court Manager SUBJECT: REQUEST FOR RELIEF OF SHORTAGE DATE: April 14, 1997 The total shortage amount requiring relief is $1449.23. This shortage is due to the clerk's office not placing two civil trust accounts in an interest bearing account in accordance to CCP 995.7 1 0(a)(1). These actions were C58973 in Ygnacio Village Asso. vs. Robert E. Corrigan Sr. and C56712 in Mohamed Etemadi vs. Nicholas Mazahasi. The details regarding these two actions are provided in the attached document. The District Court Manager became aware of CCP 995.710(a)(1)on or about March 18, 1997. The shortage nor any delay in its discovery was caused by fraud or gross negligence. Therefore, a request for relief of shortage is submitted. To prevent this shortage from occurring in the future the court has orme t� �taff at the Walnut Creek-Danville Municipal Court which will result in a.pro emoran u Additionally, each municipal court has been notified about CCP 99 110(a)(1). S M ! : k � � This memorandum and the attached statement of facts are submitted 15:eti91 0.perjury: Attachment .Iiy ......... ... . ALAMO • CANYON DANVILLE . DIABLO LAFAYETfE MORAGA • ORINDA RHEEM SAN RAMON WALNUT CREEK March 26, 1997 Subject: Statement of Facts RE: Civil Actions C58973 and C56712 Action #: C58973 Ygnacio Village Asso vs Robert E . Corrigan Sr. Action #: C56712 Mohamed Etemadi vs Nicholas Mazahasi On December 1, 1995, $13,941 . 94 was deposited with the court in lieu of undertaking on civil case #58973 (Ygnacio Village vs Corrigan) . The defendant filed an Authorization for Collection of Deposit . citing to CCP 995 . 710 (C) . The money was not sent to the auditor and the funds were not deposited in an interest bearing account. On February 24, .1997 , an order was signed by Judge Van Voorhis ordering the deposit, plus interest, be returned to the defendant. The bookkeeper was not aware that the request was made on deposit of funds and so therefore issued check #13161, (payable to Robert E. Corrigan Sr. ) for the amount of the deposit ($13, 941 . 94 ) only. A representative of McNamara, Houston, Dodge, McClure & Ney appeared at the court on March 18, 1997 questioning why Mr. Corrigan was not paid interest. Upon investigation the error was discovered. The bookkeeper immediately notified her district court manager, Laura Bogardus, and the municipal court fiscal officer, Judy Lytle of the error. Ms Lytle directed the bookkeeper to contact Joanne Lamar at the auditor' s office and enlist her help in calculating what the interest would be from December 1, 1995 through March 18, 1997 . The interest came to $871 . 16 and check #13227 was issued to Robert E. Corrigan Sr. While researching the above error it was discovered that any cash bond on a civil appeal that was posted with the court should also be deposited with the auditor in an interest bearing account. The bookkeeper remembered having an appeal bond on case #56712 and immediately notified her district court manager. The auditor was contacted and interest was calculated from 9/19/94 thru 3/26/97':4 Check # 13252 was issued for $578 .07 and forwarded to the auditor along with check #13235 for $4 ,500 .00 (which was the initial amount posted on appeal bond) . The auditor was instructed to deposit monies in an interest bearing account. The monies will be released upon direction of the court as appropriate. The court is now aware of CCP 995 . 710 and criteria concerning cash bonds on civil appeals and will deposit said funds in an interest bearing account. Laura Bo us Le Anda Zahn District Court Manager Deputy Cle - Specialist wp/shortage. 031 SE L MUNICIPAL COURT BRUCE VAN VOORHIS,juDGE MERLE R.EATON,JUDGE WALNUT CREEK- DANVILLE JUDICIAL DISTRICT BRUCE C.MILLS,JUDGE ;, ,• JOEL H.GOLUB,COURT COMMISSIONER • 640 YGNACIO VALLEY ROAD,WALNUT CREEK,CALIFORNIA 94596-1128 LAURA BOGARDUS A� �S DISTRICT COURT MANAGER sT''LCOU1'T� TO: All Staff FROM: Laura Bogardus 0?5 District Court Manager SUBJECT: CASH POSTINGS FOR CIVIL CASES ON APPEAL DATE: April 14, 1997 When a civil matter is appealed and one of the parries posts monies pursuant to CCP995.710(a)(1), the monies are to be placed in an interest bearing account. The courtroom clerk or the civil clerk will see documentation provided by the posting party that should cite CCP 995.710. Usually, there is a court appearance connected with this process in which the court approves the amount being posted with the court. Upon receipt of the documentation and approval of the court,the trust card,monies and a copy of the documentation should be forwarded to the bookkeeper immediately. Upon receipt of the trust card,monies and documentation,the bookkeeper will forward the monies and documentation to the auditor requesting that the monies be placed in an interest bearing account. Once the appeal process is complete,the municipal court will receive a remittitur from the superior court which may address what to do with the posted monies. The appeals clerk is responsible for forwarding the remittitur and file to the bookkeeper as soon as the remittitur is received by the court. The file should be reviewed and subsequently submitted to the trial court to inquire about the disposition of monies. cc: All District Court Managers Fiscal Officer ALAMO CANYON • DANVILLE • DIABLO LAFAYETTE MORAGA • ORINDA RHEEM SAN RAMON • WALNLR CREEK