PENNIES & PAPER PIGS Presented by: Matthew Freeman, MPA & Jaime Brew, MBA, CMCC, CCM

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1 PENNIES & PAPER PIGS Presented by: Matthew Freeman, MPA & Jaime Brew, MBA, CMCC, CCM Objectives Identify current trend in payment of fines and cost in currency. Define laws and legal authority pertaining to accepting coins, cash and other methods of payments. List strategies for developing policies and procedures. 2 Current Trends 3

Video Paying a Parking Fine in Coins Adelaide City Council (South Australia) https://www.bing.com/videos/search?

2 Video Paying a Parking Fine in Coins Adelaide City Council (South Australia) ments+at+courthouse+with+coins&&view=detail&mid=dc3a3f63215a 1FE933A2DC3A3F63215A1FE933A2&FORM=VRDGAR 4 Video Paying a Parking Fine in Coins Adelaide City Council (South Australia) ments+at+courthouse+with+coins&&view=detail&mid=dc3a3f63215a 1FE933A2DC3A3F63215A1FE933A2&FORM=VRDGAR 5 Video City Refuses Coins as Form of Payment for Ticket (College student trying to pay fine) view=detail&mid=54e30adafa d54e30adafa d &FORM=VRDGAR 6

Video City Refuses Coins as Form of Payment for Ticket (College student trying to pay fine) https://www.bing.

q=paying+citations+in+coins&& view=detail&mid=54e30adafa397572557d54e30adafa397572557d &FORM=VRDGAR 7 Current Trends in

3 Video City Refuses Coins as Form of Payment for Ticket (College student trying to pay fine) view=detail&mid=54e30adafa d54e30adafa d &FORM=VRDGAR 7 Current Trends in Payment of Fines and Costs Courts typically accept the following methods of payment: Currency Coins (Large quantity must be rolled) Personal Checks Money Orders Credit/Debit Cards What payment trends do you see in your court? 8 Laws and Legal Authority 9

Coin Act of 1873 Section 16 The silver coin of the United States in denominations of a dollar, half dollar, quarters, and dimes shall be a legal tender in payment of debts for

) Section 17 Copper nickel coinage of five cents, three cents, and one cent shall be a legal tender in any one payment in the amount of twenty cents.

4 Coin Act of 1873 Section 16 The silver coin of the United States in denominations of a dollar, half dollar, quarters, and dimes shall be a legal tender in payment of debts for all sums not exceeding five dollars in any one payment. 10 Coin Act of 1873 (Cont.) Section 17 Copper nickel coinage of five cents, three cents, and one cent shall be a legal tender in any one payment in the amount of twenty cents. Prior to 1873 copper nickel coins were not legal tender, but were used. 11 Historic Laws Many of these old laws are still passed on as current and truths as to how much coin can be accepted for payment. Additionally, some people believe that these laws require government agencies to accept payment. 12

5 It Is The Law, Right? What is the law? The Coin Act of 1965 Section 31 U.S.C. 5103, United States coins and currency (including Federal reserve notes and circulating notes of Federal reserve banks and national banks) are legal tender for all debts, public charges, taxes, and dues. Foreign gold or silver coins are not legal tender for debts. 13 U.S. Treasury s Interpretation U.S. Department of The Treasury says: There is, however, no Federal statute mandating that a private business, a person or an organization must accept currency or coins as for payment for goods and/or services. Private businesses are free to develop their own policies on whether or not to accept cash unless there is a State law which says otherwise. 14 Texas Law Title 1. Code of Criminal Procedure, Chapter 43. Execution of Judgment, Section PAYABLE IN MONEY: All recognizances, bail bonds, and undertakings of any kind, whereby a party becomes bound to pay money to the State, and all fines and forfeitures of a pecuniary character, shall be collected in the lawful money of the United States only. 15

Texas Law (Cont.) Title 1. Code of Criminal Procedure, Chapter 45. Execution of Judgment, Section 45.

6 Texas Law (Cont.) Title 1. Code of Criminal Procedure, Chapter 45. Execution of Judgment, Section The fine amount and terms of payment; The costs to the State (court costs); No mention of how it is to be tendered. 16 What Do You Do? What Can You Do? Per Section 31 U.S.C all coins and federal reserve notes are legal tender. C.C.P states all fines and cost shall be collected in lawful money. C.C.P does not specify a justice or judge has any authority to regulate in what manner of tender a payment may be made. It is not made clear, one way or the other, if a court can put limitation on restricting, or not restricting, currency or coin denominations. What is not specified either is how a clerk accepts payments or denominations. 17 Strategies for Developing Policies and Procedures 18

Video Paying Ticket in Pennies https://www.bing.com/videos/search?

q=video+of+people+making+pay ments+at+courthouse+with+coins&&view=detail&mid=e6bee7646396 D2EA8C51E6BEE7646396D2EA8C51&rvsmid=DC3A3F63215A1FE933 A2DC3A3F63215A1FE933A2&fsscr=0&FORM=VDQVAP 20 Clerk s

7 Video Paying Ticket in Pennies ments+at+courthouse+with+coins&&view=detail&mid=e6bee D2EA8C51E6BEE D2EA8C51&rvsmid=DC3A3F63215A1FE933 A2DC3A3F63215A1FE933A2&fsscr=0&FORM=VDQVAP 19 Video Paying Ticket in Pennies ments+at+courthouse+with+coins&&view=detail&mid=e6bee D2EA8C51E6BEE D2EA8C51&rvsmid=DC3A3F63215A1FE933 A2DC3A3F63215A1FE933A2&fsscr=0&FORM=VDQVAP 20 Clerk s Role You became an officer of the court when you took the Oath of Office. Your job is to uphold public trust and confidence and act in a professional manner despite the circumstances. Your job is to process payments and safeguard funds while following City and Departmental policies and procedures. 21

Create Written Policies and Procedures Written policies and procedures are paramount to expressing in what manner an organization will accept payment.

8 Create Written Policies and Procedures Written policies and procedures are paramount to expressing in what manner an organization will accept payment. A court s departmental policy and procedures should be in line with the City s Finance Department policy and procedures. Court staff should be adequately trained on the City and Departmental cash handling procedures so they know how to handle certain situations that may arise. 22 Creating a Policy When creating the court s policy or procedure keep the following in mind: Include all pertinent stakeholders: City Attorney City Management City Finance Director \ Chief Finance Officer Court Clerk \ Court Administrator Presiding Judge (at the judges option) 23 Creating a Policy (Cont.) When creating the court s policy or procedure keep the following in mind: The policy and procedure must be in writing and be: Part of a City Cash Policy Part of Court Procedures Manual Able to be made available to the public to view Posted on a website or other public location 24

Suggested Practices You may want to consider incorporating the following in a policy: Customers must count payment to the receiver to verify by recounting.

9 Suggested Practices You may want to consider incorporating the following in a policy: Customers must count payment to the receiver to verify by recounting. Coins shall be rolled in accordance with standard banking practices according to denomination. Coin rolls shall have customers name, phone number, or other identifiers. Payments are not received and final until a receipt has been issued. Handle every customer with empathy. 25 Further Discussion and Questions Thank you for your time and attendance. All positive feedback is appreciated in you surveys. 26

Current Trends PENNIES AND PAPER PIGS. Objectives

Current Trends PENNIES AND PAPER PIGS. Objectives PENNIES AND PAPER PIGS Objectives Identify current trends in payment of fines and cost in currency. Define laws and legal authority pertaining to accepting coins, cash and other methods of payments. List