Prior to the adoption of Council Policy 11-2 on 10/15/2006, Policy 3-15 read as follows.

Policy 3-15 RESCINDED BY COUNCIL POLICY 11-2

DISTRIBUTION : All Departments

SUBJECT: Community Service Program

PURPOSE : To provide procedures for the implementation of the City's Community Services Program.

BACKGROUND : The City Council has adopted an ordinance providing for certain defendants the option of performing community service for the City in lie of fine or in conjunction with imprisonment. The Community Service Program is designed to provide a person convicted with misdemeanor offenses in Municipal Court an alternative to perform community or rehabilitative services in lieu of another form of punishment from the court.

PROCEDURES AND RESPONSIBILITIES:

A. Coordination and Assignment.

1. Each department director desiring to use community service workers will submit their periodic worker requirements to the Personnel Director. The Personnel Director will provide such directors with community service workers as they become available.

2. After a defendant agrees to perform community service, has signed the Community Service Agreement, and the court approves the community service assignment of such defendant, the Municipal Court Clerk will notify the Personnel Director of such assignment, and direct the defendant to contact the Personnel Director.

3. The Personnel Director will assign a personnel department staff member to interview the worker and assign the worker to a City department from whom the Community Service work will be performed. The assignment will include a date, time and place to which the worker will appear.

4. Each Worker will be assigned community service work of not less than three (3) hours and not more than eight (8) hours a day, unless otherwise specified by the municipal judge.

5. The Supervisor to whom the community service worker is assigned will meet the community service worker at the date, time and place previously assigned to the worker.

B. Work Assignment and Supervision

1. The worker will be assigned work commensurate with the worker's capabilities, health and physical conditions.

2. The worker will not wear any uniform, emblem or insignia which would give the appearance that such work is an employee or agent of the city.

3. The person supervising such worker shall not in any manner give or offer any representation that such worker is an employee or agent of the city.

4. The person supervising the worker will ensure that the worker is actually engaged in productive community service work.

5. The worker will not be permitted to operate machinery except for hand held machinery, such as hand operated mower.

6. The worker will be provided with safety protection and equipment commensurate with the type of work being performed.

C. Treatment of Workers

1. Be treated humanely and with dignity.

2. Not left unsupervised for an extended period of time.

3. Be assigned tasks which the worker can perform.

4. Not assigned to perform tasks which have no objective other than to keep the worker busy.

D. Time Sheets/Reports

1. The worker's supervisor will fill out a time sheet for each worker for each day/time that the worker performs his/her community services.

2. The Community Service Work Program Assignment Completion/Non-Completion Form will be completed by the Supervisor when the assignment is completed or terminated and the complete form returned to the Personnel Director. The municipal Judge shall be notified by the Personnel Department of the results of the assignment.

3. The Community Service Agreement, the Time Sheet, and the Community Service Work Program Assignment Completion/Non-Completion Form, and such filed will be retained for one (1) year from the date the work assignment is completed or terminated.

4. The Personnel Director will prepare a semi-annual written report summarizing the total hours of community service work performed under the Program, the number of workers performing under the Program, the type/nature of work performed and any other relevant information the Coordinator deems appropriate. The report will be forwarded to the City Manager.

E. Attachments

1. Community Service Agreement

2. Time Sheet

3. Community Service Agreement Completion/Non-Completion Form

REFERENCES : Section 9-134, Lawton City Code, 1995.

RESPONSIBLE

DEPARTMENT : Personnel

RESCISSION: This policy rescinds Administrative Policy 1-2, dated December 20, 1996.

_____________________________

Gilbert H. Schumpert, Jr.

City Manager

August 27, 1997

IN THE MUNICIPAL COURT OF THE CITY OF LAWTON

STATE OF OKLAHOMA

____________________________________________________________________

CITY OF LAWTON, )

Plaintiff ) Charge No.

)

vs. ) Case No.

)

______________________, )

Defendant. )

____________________________________________________________________

COMMUNITY SERVICE AGREEMENT

The defendant herein, after having been advised of his or her rights, has voluntarily agreed to perform _____ hours of community service for the City of Lawton, Oklahoma, and has further been advised and agrees:

1. That there will be no renumeration, salary or compensation of any kind for services of labor performed pursuant to this Community Service Agreement.

2. That the defendant is not considered nor does he/she consider himself/herself to be an agent, servant or employee of the City of Lawton, Oklahoma, to which he/she is assigned for community service hours.

3. That the defendant is not covered by an insurance or benefit plan of the City of Lawton, Oklahoma. The defendant does not have the benefit of any health or life insurance plans of the City of Lawton, nor will the City of Lawton pay for any medical expenses or disability incurred for whatever reason, and that the defendant is not entitled to any Workers' Compensation coverage or benefit from the City of Lawton, Oklahoma.

4. That in the event an injury occurs while performing community services hours, the defendant hereby waives any cause of action of any nature whatsoever against the City of Lawton, Oklahoma, its officials, or employees. The plea bargain agreement entered into between the City and the defendant is accepted by defendant as consideration for such waiver.

5. That the defendant shall furnish his/her own private transportation to and from the community service agency or job site, and further, will provide clothing, boots, gloves or other personal items necessary to complete his/her community service hours in a safe and reasonable manner, and lastly, provide his or her own meals.

6. That defendant is in good health and knows of no reason why defendant cannot perform any work assigned, and that if defendant subsequently learns of any disability or restriction, defendant will immediately apply for reassignment.

7. That this agreement is voluntarily entered into in exchange for a sentencing recommendation from the City of Lawton's Prosecutor in the above case and further in compliance with Title 11, O.S. Section 27-122.2, Oklahoma Statutes.

8. That defendant agrees and understands that if the foregoing is a condition of a suspended or deferred sentence, failure to complete all community service house will result in revocation on the suspended sentence or imposition of the deferred sentence.

9. That the Defendant agrees and understands that community service work will be performed at no less than three (3) hours and not more than eight (8) hours a day.

10. That the defendant agrees that if the community service is in lieu of payment of a fine and if the defendant, without legal cause, fails to complete all assigned hours of service, the defendant will be considered to have willfully failed and neglected to pay said fines through community service and the defendant will be ordered to jail until such fines are paid.

11. That the defendant's rights have been fully explained to defendant, and understood by defendant as evidence by defendant's signature to this document.

READ THIS BEFORE SIGNING

__________________________________

DEFENDANT

__________________________________

ATTORNEY FOR DEFENDANT

Approved this _____ day of ____________________, 200__.

__________________________________

MUNICIPAL JUDGE

COMMUNITY SERVICE WORK PROGRAM

Assignment Completion/Non-Completion Form

Defendant's Name:________________________________Case No.______________

Address:______________________________________Phone #_______________

Attorney:______________________________________________________________

Starting Date:_________________________Ending Date_____________________

Total hours assigned:_____________________Total Hours worked:_______________

Assignment: Department_______________________Phone #____________________

Contact Person:____________________________________________________

PLEASE COMPLETE THE INFORMATION BELOW AT THE COMPLETION OF THE WORK ASSIGNMENT OR IF THE WORK ASSIGNMENT IS TERMINATED:

Type of Work Performed________________________________________________

Completed the Assignment: _____Less than satisfactorily _____Satisfactorily

_____Better than satisfactorily

Did not show up as scheduled:__________Reason, if known:_______________________

_____________________________________________________________________

Was unable to complete the assignment due to lack of __skill ____transportation _____Other

(Explain)___________________________________________________________

Partially completed the assignment_____________________________________

Reason for partial completions, if known________________________________________

Date of Completion:____________________or date of termination___________________

Hours of Work:_____________________________

If possible, place an approximate monetary value on the services performed (per hour or total):_________

COMMENTS:_______________________________________________________

___________________________________________________________________

Signed:___________________________________

Title:_____________________________________

Date:_____________________________________

Worker's Name:___________________________ Hours required:_________________

TIME SHEET

HOURS WORK SUPERVISOR'S

DATE WORK PERFORMANCE SIGNATURE

__________ ___________ _________________ ______________________