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HomeMy WebLinkAboutItem 06 Ordinance RegardingTruancy AGENDA ITEM SUMMARY Meeting Date: 4/1/2019 Meeting Type: Regular Meeting Staff Contact/Dept.: Mary Bridget Smith, CAO Staff Phone No: 541-744-4061 Estimated Time: 5 minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: AN ORDINANCE AMENDING THE SPRINGFIELD MUNICIPAL CODE REGARDING COMPULSORY SCHOOL ATTENDANCE ACTION REQUESTED: Conduct a first reading and public hearing on the following ordinance: AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104 AND ADOPTING A SEVERABILITY CLAUSE ISSUE STATEMENT: This ordinance is intended to include in the Springfield Municipal Code the state criminal statutes regarding compulsory school attendance. ATTACHMENTS: Attachment 1: Ordinance DISCUSSION/ FINANCIAL IMPACT: Oregon law (ORS 339.010-339.095) requires children between the ages of 6-18 regularly attend school, unless permitted under state law to be taught by a private teacher, parent, or guardian. Violation of this requirement is a Class C violation under Oregon law (ORS 339.990). At the request of the Springfield School District, the Springfield Municipal Court has been operating a “truancy court” since 2012, which offers parents and guardians of Springfield students with the opportunity to complete a specific diversion program to avoid citation and fines under the Oregon state statute. Before issuing a citation to Municipal Court, the Springfield School District works with parents and guardians to ensure child attendance, including but not limited to, conducting home visits, meeting with school counselors, and providing outreach contacts for community resources. Springfield Municipal Code Sections 5.100 through 5.104 adopts by reference and makes state misdemeanor and violation crimes an offense against the City of Springfield so they may be prosecuted in Springfield Municipal Court. The compulsory school attendance law, in ORS Chapter 339, is not included in the list of City of Springfield offenses and violations. The City has the authority to enforce state law through state justice of the peace powers granted by the Oregon Legislature. However, for consistency with other criminal violations enforced through the Springfield Municipal Court and with the Springfield Charter, the City Attorney’s Office recommends incorporating the state’s compulsory school attendance requirements into the Springfield Municipal Code. Page 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (General) AN ORDINANCE AMENDING SPRINGFIELD MUNICIPAL CODE SECTIONS 5.100 AND 5.104 AND ADOPTING A SEVERABILITY CLAUSE WHEREAS, the Springfield Municipal Court has jurisdiction to prosecute criminal violations that occur within the Springfield city limits; WHEREAS, the City of Springfield has an interest in ensuring the public safety by preventing the commission of criminal offenses; WHEREAS, it is a requirement of Oregon School Law that children between the ages of 6-18 regularly attend school; WHEREAS, research shows that excessive absences have a negative effect on grades and learning, and students who are frequently absent are in jeopardy of falling behind in the completion of course work; WHEREAS, the City of Springfield has an interest in protecting the health, safety, and welfare of Springfield children 6 to 18 years of age by compelling the regular attendance of said children at a public full-time school, except when the child is being taught by a parent, legal guardian, or private teacher in compliance with state law; and WHEREAS, it is in the public interest for the City of Springfield to include the penalties and statutory language for compulsory school attendance as currently described in the Oregon Revised Statutes, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Section 5.100 “Definitions” of the Springfield Municipal Code is hereby amended to read as follows: “The definitions contained in ORS Chapters 161, 162, 163, 164, 165, 166, 167, 339, 471, 472, 475, 475B and 480.160, as currently in effect, are adopted by reference and made a part of this chapter.” Section 2. Section 5.104 “Misdemeanors and Violations – State Statutes Adopted” of the Springfield Municipal Code is hereby amended to read as follows: “Each misdemeanor and violation made an offense against the state under the provisions of the ORS Chapters 161, 162, 163, 164, 165, 166, 167, 181, 339.990, 471, 475, 475B, and 480.110 to 480.160, current in effect and constituted, are adopted by reference and made a part of this chapter and designated an offense against the City. A person who violates any one of the provisions within the jurisdiction of the City is in violation of this chapter and shall be charged with the offense of violating Section 5.104 of this Code, and reference shall be made in the charging instrument to that particular section of the ORS, as incorporated by reference, which has been violated. If any other section of this chapter or any other SMC ordinance creates a specific misdemeanor or violation offense in conflict with an ORS misdemeanor or violation offense incorporated by reference in this chapter, the provisions of the ORS regarding misdemeanor or violation offense incorporated by reference, shall govern.” Attachment 1, Page 1 of 2 Page 2 of 2 Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this ______ day of April, 2019, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of April, 2019. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 2 of 2