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4. PUBLIC HEARING: <br /> <br />An Ordinance Concerning Municipal Court Sentencing Authority for Violations of Chapter 4 <br />of the Eugene Code, 1971 <br /> <br />City Manager Pro Tem Jones asked Wayne Allen, presiding judge for the Municipal Court, to present a <br />summary of the topic. <br /> <br />Judge Allen explained that Municipal Court did not have the authority to order a defendant to a more <br />expensive alcohol education or anger management program. He averred that a judge should be able to send <br />a person to anger management classes or a one day class on alcohol abuse for a fourth or fifth Minor in <br />Possession (MIP). He noted the state court had the authority and in some cases it was mandated to require <br />it. He said Municipal Court had spoken with the provider of alcohol education and it appeared that it would <br />be possible to add a class. <br /> <br />Councilor Bettman interpreted the wording in the ordinance to mean that the sentence or a portion of it could <br />be suspended. Judge Allen replied that a sentence could inherently be suspended. He felt what was intended <br />was to reduce a portion of a sentence rather than imposing a larger fine with the requirement that a class be <br />attended. He noted that the MIP had a maximum penalty of $250. <br /> <br />Councilor Bettman said she had an issue with the language. It sounded to her that a judge could merely <br />suspend the sentence without any collateral action. She asked that the wording be reviewed before the <br />ordinance came back before the council for action. <br /> <br />Ms. Jerome ascertained from Councilor Bettman that her intention was to clarify the language so the <br />ordinance would give the authority to reduce or suspend a sentence only in the case where collateral action <br />such as an anger management class was being required. <br /> <br />Mayor Piercy opened the public hearing. Seeing no one who wished to speak, she closed the public hearing. <br /> <br />Mayor Piercy ascertained that Councilor Bettman objected to taking action on the ordinance at the present <br />meeting. <br /> <br /> <br />MINUTES—Eugene City Council September 10, 2007 Page 10 <br /> Work Session <br /> <br />