Admin Order 31-22-01-F -- Final Municipal Court Fee Schedule Amendment

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Exhibit B to Administrative Order No. 31-22-01-F City Manager’s Findings Proposed Municipal Court Fee Schedule Amendment Pursuant to Section 2.020(2) of the Eugene Code, 1971, the City Manager has considered the following factors in determining the proposed Municipal Court fee amendment: (a) Applicable policies, enactments and directives of the Council. Findings: N/A (b) The amount charged by the City in the past. Findings: $240 per Admin Order 31-19-01-F, which was based on state statute, ORS 137.225, which required all persons applying for Set Asides/Expungements to pay the filing fee established by statute for circuit court. Senate Bill 397 (2021), which amended the statute, removed that pre-set fee amount. (c) The full costs of providing the service supported by the fee. Findings: Estimate 1.5 hours of clerk time based on current processing of Orders to Set Aside/Expungements. The proposed $60 fee is based on the $41.31/hour fee used for the court’s (and City) Public Records Requests ( https://www.eugene- or.gov/DocumentCenter/View/4013/Public-Records-Requests?bidId= ) (d) The amounts charged by other comparable providers. Findings: SB 397 eliminated the previously required set fee amount for processing Orders to Set Aside. Circuit Courts are not currently charging a fee to process such Orders. The municipal courts in Beaverton, Lake Oswego and Springfield are following the lead of the Circuit Courts and not currently charging a fee to process such Orders. (e) The revenue needs of the City as determined by the adopted city budget. Findings: N/A, processing Orders to Set Aside is not a revenue source Factors listed above that are irrelevant or inapplicable in determining the amount of the fees, if any: (a) And (e) are not applicable Findings – Page 1 of 1