The Great Bend City Council Monday night approved an ordinance that allows the recovery of testing costs in DUI cases that result in a conviction or diversion.
The local hospital charges the police department for the blood draws that are taken pursuant to warrants in DUI cases, City Attorney Allen Glendenning said. The Police Department requested the city ordinance concerning court costs be amended to expressly allow the recovery of the costs of theses blood draws.
“When the Police Department pulls someone over for a DUI and they refuse to participate in a breath test, they’re required to go to the hospital and draw blood and they get a warrant for that,” Glendenning said. “Up until now that cost has been borne by the city by the Police Department.”
However, this ordinance allows these costs can be passed on to the person being tested, he said.
Impacted is the existing section 2.132.030 of the Great Bend Code dealing with the recovery of costs and fees. The current section was repealed and replaced.
It now reads:
“Each person who enters a plea of guilty or nolo contendere or is found guilty of a violation of the ordinances of the city shall be assessed costs for the administration of justice in the municipal court. Costs shall be in the amount of $82.50 per case plus mileage; subpoena and witness costs; costs for supplies, or services charged by any laboratory, hospital or healthcare provider, related to drawing or testing blood, breath or other bodily fluids in cases of driving under the influence of alcohol or drugs; the jail fees, and any other costs permitted or required by state or local law.”
It goes on to read:
“If it appears to the court that the prosecution was instituted without probable cause and from malicious motives, the court may require the person initiating the prosecution to appear and answer concerning the motives of such person for instituting the prosecution. If, after such hearing the court determines that the prosecution was instituted without probable cause and from malicious motives, all costs in the case shall be assessed against the complaining witness or person initiating the prosecution.”
This ordinance will go into effect as soon as it is published in the Great Bend Tribune.
Great Bend City Council meeting at a glance
Here is a quick look at what the Great Bend City Council did Monday night:
• Approved an ordinance that allows the recovery of testing costs in DUI cases that result in a conviction or diversion.
The local hospital charges the police department for the blood draws that are taken pursuant to warrants in DUI cases, City Attorney Allen Glendenning said. The Police Department requested the city ordinance concerning court costs be amended to expressly allow the recovery of the costs of theses blood draws.
• Approved a proposal from Gordon CPA of Lawrence for the city’s audit. This is a three-year agreement.
Request for proposals were sent out and published in the Great Bend Tribune in July. The city received only two proposals – from Gordon CPA and Adams Brown of Great Bend, City Clerk/Finance Officer Shawna Schafer said.
Audit bids, including single audit for federal funds, for fiscal years 2023, 2024 and 2025 from Gordon CPA were $28,800, $29,715 and $30,650 respectfully. Audit bids, including single audit for federal funds, for fiscal years 2023, 2024 and 2025 from Adams Brown were $26,000, $26,450 and $26,900 respectfully.
“Gordon CPA has been our current auditor the last three years, and prior to Gordon CPA, Adams Brown was the city’s auditor for many years. I am very pleased with the services we have received from both firms and would be happy to work with either one,” Schafer said.
She said she would like the city to consider a five-to-six-year contract in the future.
“The reason being is there is so much work that goes into the first-year audit as they have more procedures and testing to do than they would if they had been the auditor in the previous years,” she said. “Also, three years into a new auditor, I am finally getting used to how they want the work done.”
• Held 15-minute and 10-minute executive sessions to seek legal advice regarding leases at the The Great Bend Municipal Airport.
After returning to open session, no action was taken.
• Held a 15-minute executive session to seek legal advice for pending legal matters.
After returning to open session, no action was taken.
• Heard a report from City Administrator Brandon Anderson. He focused on new Justice Center, expansion to the Fire Department’s training facility, a citywide cleanup recap and storm damage to city buildings.
• Heard a report from Christina Hayes, community coordinator and Convention and Visitors Bureau director. She focused on the success they had promoting Great Bend at the Kansas State Fair and that, due to low ticket sales for Wine in the Wild this year, the event will not be repeated next year.
• Approved the closure of Main Street from 19th Street to Lakin Avenue from 2:30 p.m. to 5:30 p.m. on Friday for the Great Bend High School Homecoming Parade.
• Approved a door-to-door license for Lucas Haines with Roofmasters Roofing and Sheet Metal.
