[Ord. No. 195 §1, 1-4-1979]
There is hereby established in this City a Municipal Court, to be known as the St. Robert Municipal Court, a Division of the 25th Judicial Circuit Court of the State of Missouri. This court is a continuation of the Municipal Court of the City as previously established, and is termed herein "the Municipal Court".
[Ord. No. 195 §2, 1-4-1979]
The jurisdiction of the Municipal Court shall extend to all cases involving alleged violations of the ordinances of the City.
[Ord. No. 195 §3, 1-4-1979; Ord. No. 2277 §1, 5-3-2010]
The Judge of the City's Municipal Court shall be known as a Municipal Judge of the 25th Judicial Circuit Court and shall be selected as follows:
He/she shall be appointed to the position by the Mayor with the consent and approval of a majority of the Board of Aldermen for a two (2) year term as specified herein. A vacancy in the position shall be filled in a like manner to fill any unexpired term.
[Ord. No. 195 §4, 1-4-1979; Ord. No. 870 §2, 4-10-2000; Ord. No. 2277 §2, 5-3-2010]
The Municipal Judge shall hold his/her office for a period of two (2) years and shall take office bi-annually from the day after the appointment is approved by the Board of Aldermen. If for any reason a Municipal Judge vacates his/her office, his/her successor shall complete the term of office, even if the same be less than two (2) years.
[Ord. No. 195 §5, 1-4-1979]
A. 
The Municipal Judge shall vacate his/her office under the following circumstances:
1. 
Upon removal from office by the State Commission on the Retirement, Removal and Discipline of Judges, as provided in Missouri Supreme Court Rule 12; or
2. 
Upon attaining his/her seventy-fifth (75th) birthday.
[Ord. No. 195 §6, 1-4-1979; Ord. No. 2277 §3, 5-3-2010]
A. 
The Municipal Judge shall possess the following qualifications before he/she shall take office:
1. 
He/she must be a resident of the State of Missouri and Pulaski County.
2. 
He/she must be between the ages of twenty-one (21) and seventy-five (75) years.
3. 
He/she may also serve as Municipal Judge for other municipalities.
4. 
He/she may not hold any other elected office within the City Government of the City of St. Robert.
5. 
The Municipal Judge shall be considered holding a part-time position and as such may accept (within the requirements of the Code of Judicial Conduct, Missouri Supreme Court Rule 2) other employment.
6. 
He/she must comply with all Supreme Court directives on courses of instruction.
7. 
Within six (6) months after selection for the position, each Municipal Judge who is not licensed to practice law in this State shall satisfactorily complete the course of instruction for Municipal Judges prescribed by the Supreme Court. The State Courts Administrator shall certify to the Supreme Court the names of those Judges who satisfactorily complete the prescribed course. If a Municipal Judge fails to complete satisfactorily the prescribed course within six (6) months after the Municipal Judge's selection as Municipal Judge, the Municipal Judge's office shall be deemed vacant and such person shall not thereafter be permitted to serve as a Municipal Judge, nor shall any compensation thereafter be paid to such person for serving as Municipal Judge.
8. 
Upon the City of St. Robert reaching a population of seven thousand five hundred (7,500) persons or more, the Municipal Judge shall be a licensed attorney, qualified to practice law within the State of Missouri. A non-lawyer Judge serving as Municipal Judge shall be permitted to serve the remainder of their term.
[Ord. No. 195 §7, 1-4-1979]
The Municipal Court of the City shall be subject to the rules of the Circuit Court of which it is a part, and to the rules of the State Supreme Court. The Municipal Court shall be subject to the general administrative authority of the Presiding Judge of the Circuit Court, and the Judge and court personnel of said Court shall obey his/her directives.
[Ord. No. 2277 §4, 5-3-2010]
A. 
The Mayor may appoint a person to serve in the position of Senior Judge, with the consent of the majority of the Board of Aldermen.
B. 
All ordinances, rules, qualifications, terms of office and regulations applicable to the Municipal Judge shall apply to the position of Senior Judge except that no person may be appointed Senior Judge without previously serving at least two (2) years as the Municipal Judge for the City of St. Robert.
C. 
The salary of the Senior Municipal Judge shall be the same as the Municipal Judge.
[Ord. No. 195 §9, 1-4-1979]
The Municipal Judge shall be a conservator of the peace. He/she shall keep a docket in which he/she shall enter every case commenced before him/her and the proceedings therein and he/she shall keep such other records as may be required. Such docket and records shall be records of the Circuit Court of Pulaski County. The Municipal Judge shall deliver the docket and records of the Municipal Court, and all books and papers pertaining to his/her office, to his/her successor in office or to the Presiding Judge of the Circuit Court.
[Ord. No. 195 §10, 1-4-1979]
A. 
The Municipal Judge shall be and is hereby authorized to:
1. 
Establish a Violations Bureau as provided for in the Missouri Rules of Practice and Procedure in Municipal and traffic Courts and Section 479.050, RSMo.
2. 
Administer oaths and enforce due obedience to all orders, rules and judgments made by him, and may fine and imprison for contempt committed before him/her while holding court, in the same manner and to the same extent as a Circuit Judge.
3. 
Commute the term of any sentence stay execution of any fine or sentence, suspend any fine or sentence, and make such other orders as the Municipal Judge deems necessary relative to any matter that may be pending in the Municipal Court.
4. 
Make and adopt such rules of practice and procedure as are necessary to implement and carry out the provisions of this Chapter, and to make and adopt such rules of practice and procedure as are necessary to hear and decide matters pending before the Municipal Court and to implement and carry out the provisions of the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts. The Municipal Judge shall have the power to establish rules and regulations of the Municipal Court and the Violations Bureau, provided however, said rules and regulations shall not be in conflict with the rules of the Circuit Court of the 25th Judicial Circuit or the Missouri Supreme Court Rules.
5. 
The Municipal Judge shall have such other powers, duties and privileges as are or may be prescribed by the laws of this State, this section or other ordinances of this City.
6. 
The salary of the Municipal Judge shall be set by the Board of Aldermen and paid by the City.
[Ord. No. 195 §11, 1-4-1979]
Should the Municipal Judge determine that there shall be a Violations Bureau, the City shall provide all expenses incident to the operation of the same. The Municipal Judge shall designate who is to serve as the Violations Clerk for said Bureau, if established.
[Ord. No. 195 §12, 1-4-1979]
All warrants issued by a Municipal Judge shall be directed to the Chief of Police, or any other Police Officer of the municipality or to the Sheriff of the County. The warrant shall be executed by the Chief of Police, Police Officer, or Sheriff any place within the limits of the County and not elsewhere unless the warrants are endorsed in the manner provided for warrants in criminal cases, and, when so endorsed, shall be served in other counties, as provided for in warrants in criminal cases.
[Ord. No. 195 §13, 1-4-1979]
The Chief of Police, or other Police Officer of the City, may, without a warrant, make arrest of any person who commits an offense in his/her presence, but such officer shall, before the trial, file a written complaint with the Judge hearing violations of municipal ordinances.
[Ord. No. 195 §14, 1-4-1979]
Any person charged with a violation of a municipal ordinance of this City shall be entitled to a trial by jury, as in prosecutions for misdemeanors before an Associate Circuit Judge. Whenever a defendant accused of a violation of a municipal ordinance demands trial by jury, the Municipal Court shall certify the case to the Presiding Judge of the Circuit Court for reassignment, as provided in Section 2 of Section 517.520, RSMo.
[Ord. No. 195 §15, 1-4-1979]
It shall be the duty of an attorney designated by the municipality to prosecute the violations of the City's ordinances before the Municipal Judge or before any Circuit Judge hearing violations of the City's ordinances. The salary or fees of the attorney and his/her necessary expenses incurred in such prosecutions shall be paid by the City. The compensation of such attorney shall not be contingent upon the result in any case.
[Ord. No. 195 §16, 1-4-1979]
It shall be the duty of the Municipal Judge or the Municipal Court Clerk to summon all persons whose testimony may be deemed essential as witnesses at the trial, and to enforce their attendance by attachment, if necessary. The fees of witnesses shall be the same as those fixed for witnesses in trials before Associate Circuit Judges and shall be taxed as other costs in the case. When a trial shall be continued by a Municipal Judge it shall not be necessary to summon any witnesses who may be present at the continuance; but the Municipal Judge shall orally notify such witnesses as either party may require to attend before him/her on the duty set for trial to testify in the case, and enter the names of such witnesses on his/her docket, which oral notice shall be valid as a summons.
[Ord. No. 195 §17, 1-4-1979]
If, in the progress of any trial before a Municipal Judge, it shall appear to the Judge that the accused ought to be put upon trial for an offense against the criminal laws of the State and not cognizable before him/her as Municipal Judge, he/she shall immediately stop all further proceedings before him/her as Municipal Judge and cause the complaint to be made before some Associate Circuit Judge within the County.
[Ord. No. 195 §18, 1-4-1979]
If in the opinion of the Municipal Judge, the City has no suitable and safe place of confinement, the Municipal Judge may commit the defendant to the County Jail. The municipality shall pay the board of such prisoner at the same rate as may now or hereafter be allowed to such sheriff for the keeping of such prisoner in his/her custody. The same shall be taxed as cost.
A. 
Any Judge hearing violations of municipal ordinances may, when in his/her judgment it may seem advisable, grant a parole or probation to any person who shall plead guilty or who shall be convicted after a trial before such Judge. When a person is placed on probation, he/she shall be given a certificate explicitly stating the conditions on which he/she is being released.
B. 
In addition to such other authority as exists to order conditions of probation, the Court may order conditions which the Court believes will serve to compensate the victim of the crime, any dependent of the victim, or society in general. Such conditions may include, but need not be limited to:
1. 
Restitution to the victim or any dependent of the victim in an amount to be determined by the Judge; and
2. 
The performance of a designated amount of free work for a public or charitable purpose, or purposes, as determined by the Judge.
C. 
A person may refuse probation conditioned on the performance of free work. If he/she does so, the Court shall decide the extent or duration of sentence or other disposition to be imposed and render judgment accordingly. Any County, City, person, organization or agency or employee of a County, City, organization or agency charged with the supervision of such free work or who benefits from its performance shall be immune from any suit by the person placed on parole or probation or any person deriving a cause of action from him/her if such cause of action arises from such supervision of performance, except for intentional torts or gross negligence. The services performed by the probationer or parolee shall not be deemed employment within the meaning of the provisions of Chapter 288, RSMo.
D. 
The Court may modify or enlarge the conditions of probation at any time prior to the expiration or termination of the probation term.
[Ord. No. 195 §20, 1-4-1979]
In all cases tried before the Municipal Court, except where there has been a plea of guilty or where the case has been tried with a jury, the defendant shall have a right of trial de novo, before a Circuit Judge or on assignment before an Associate Circuit Judge. An application for a trial de novo shall be filed within ten (10) days after judgment and shall be filed in such form and perfected in such manner as provided by Supreme Court Rules.
[Ord. No. 195 §21, 1-4-1979]
In all cases in which a jury trial has been demanded, a record of the proceedings shall be made, and appeals may be had upon that record to the appropriate Appellate Court.
[Ord. No. 195 §22, 1-4-1979]
In the case of a breach of any recognizance entered into before a Municipal Judge or an Associate Circuit Judge hearing a municipal ordinance violation case, the same shall be deemed forfeited and the City Attorney shall cause the same to be prosecuted against the principal and surety or either of them, in the name of municipality as plaintiff. Such action shall be prosecuted before a Circuit Judge or Associate Circuit Judge, and shall be prosecuted on the transcript of the proceedings before the Municipal Judge. All monies recovered in such action shall be paid over to the Municipal Treasury to the General Revenue Fund of the City.
A Municipal Judge shall be disqualified to hear any case in which he/she is in any way interested or, if before the trial is commenced, the defendant or the prosecutor files an affidavit that the defendant or the municipality, as the case may be, cannot have a fair and impartial trial by reason of the interest or prejudice of the Judge. Neither the defendant nor the municipality shall be entitled to file more than one (1) affidavit or disqualification in the same case.
[Ord. No. 2277 §5, 5-3-2010]
A. 
The Presiding Judge of the Circuit Court may appoint any other Municipal Judge within the Circuit to act as a special Municipal Judge for a Municipal Judge of the Circuit who is absent, sick or disqualified from acting. The Presiding Judge shall act only upon request of the Mayor, or person designated by the Mayor, for a special Municipal Judge.
B. 
The Board of Aldermen shall provide by ordinance for the compensation of any person designated to act as Municipal Judge under the provisions of this Section.
[Ord. No. 195 §25, 1-4-1979; Ord. No. 365 §1, 4-19-1993]
A. 
The City Administrator shall designate who is to serve as the Clerk of the Municipal Court and shall also have the power to designate a Deputy Clerk to serve in absence of the Clerk. The duties of the Clerk and the Deputy Clerk shall be as follows:
1. 
To collect such fines for violations of such offenses as may be described and the court costs thereof.
2. 
To take oaths and affirmations.
3. 
To accept signed complaints, and allow the same to be signed and sworn to or affirmed before the Municipal Judge.
4. 
Sign and issue subpoenas requiring the attendance of witnesses and sign and issue subpoenas duces tecum.
5. 
Accept the appearance, waiver of trial and plea of guilty and payment of fine and costs in Violation Bureau cases or as directed by the Municipal Judge; generally act as Violation Clerk of the Violation Bureau.
6. 
Perform all other duties as provided for by ordinances by Rules of Practice and Procedure adopted by the Municipal Judge and by the Missouri Rules of Practice and Procedure in Municipal and Traffic Courts and by Statutes.
7. 
Maintain, properly certified by the City Clerk, a complete copy of the ordinances of the City or the municipality which shall constitute prima facie evidence of such ordinance before the Court. Further, to maintain a similar certified copy on file with the Clerk serving the Circuit Court of this County.
[Ord. No. 195 §26, 1-4-1979; Ord. No. 362 §§I — II, 3-1-1993; Ord. No. 434 §§1 — 2, 1-6-1997; Ord. No. 728 §1, 9-1-1999; Ord. No. 1204 §§1 — 3, 11-5-2001; Ord. No. 2063 §§1 — 2, 2-19-2008; Ord. No. 2235 §2, 11-16-2009; Ord. No. 2639 §1, 8-19-2013; Ord. No. 3011, 1-10-2017; Ord. No. 3645, 1-26-2021; Ord. No. 3662, 3-16-2021; Ord. No. 3669, 3-23-2021]
A. 
In all cases before the Traffic Violations Bureau and the Municipal Court, where a defendant pleads guilty or is convicted, the following costs and fees shall be assessed to and collected from the defendant, in additional to the fine or other punishment imposed:
1. 
Costs of Court in the amount of twelve dollars ($12.00).
2. 
Police Officer training fee. A fee of three dollars ($3.00) is hereby established and assessed as additional Court costs in each Court proceeding, except that no such fee shall be collected when the proceedings against the defendant have been dismissed.
a. 
Two dollars ($2.00) of each such Court cost shall be transmitted monthly to the Treasurer of the City and used to pay for Police Officer training as provided by Sections 590.100 to 590.180, RSMo. The City shall not retain for training purposes more than one thousand five hundred dollars ($1,500.00) of such funds for each certified Law Enforcement Officer or candidate for certification employed by the City. Any excess funds shall be transmitted quarterly to the City's General Fund.
b. 
One dollar ($1.00) of each such Court cost shall be sent to the State Treasury to the credit of the Peace Officers Standards and Training Commission Fund created by Section 590.178, RSMo.
3. 
Crime Victims' Compensation Fund. An additional sum of seven dollars fifty cents ($7.50) shall be assessed and added to the basic costs in Subsection (1) of this Section, provided that no such cost shall be collected in any proceeding when the proceeding or the defendant has been dismissed by the Court. All sums collected pursuant to this Subsection shall be paid at least monthly as follows:
a. 
Ninety-five percent (95%) of such fees shall be paid to the Director of Revenue of the State of Missouri for deposit as provided in Section 595.045.5, RSMo.
b. 
Five percent (5%) shall be paid to the City Treasury.
4. 
Shelters For Battered Persons. There may also be assessed a two dollar ($2.00) cost per case for each criminal case and each County or municipal ordinance violation case for the purpose of providing operating expenses for shelters for battered persons as set out in Section 488.607, RSMo.
5. 
Appointed Counsel Fund. There shall be a one dollar ($1.00) cost per case for each case to be placed in an Appointed Counsel Fund to be used for the reasonable fees approved by the Court for the appointment of an attorney to represent any defendant found by the Judge to be indigent and unable to pay for legal representation as authorized under Section 479.620, RSMo. This fund shall not exceed five thousand dollars ($5,000.00) and if it does, the excess amount shall be transmitted quarterly to the City's General Fund.
6. 
Other costs, such as for the issuance of a warrant, a commitment or a summons, as provided before the Associate Circuit Judge in criminal prosecutions.
7. 
Actual costs assessed against the City by the County Sheriff for apprehension or confinement in the County Jail.
8. 
Mileage, in the same amount as provided to the Sheriff in criminal violations, for each mile and fraction thereof the officer must travel (both directions) in order to serve any warrant or commitment or order of this Court.
9. 
Jail board. Any person sentenced to a term of imprisonment in the City Jail shall be assessed a jail board fee of thirty-five dollars ($35.00) per day spent in City Jail.
10. 
Any other reasonable cost as may be otherwise provided by ordinance, including, but not limited to, costs of confinement, including any necessary transportation related thereto, medical costs incurred by the City while a defendant is in City custody and costs related to the arrest and testing of any person for any intoxication-related traffic offense as set out in Subsection (11) hereof.
11. 
Reimbursement of certain costs of arrest.
a. 
Upon a plea or a finding of guilty of violating the provisions of Sections 342.020 or 342.030 of this Code or any ordinance of the City of St. Robert involving alcohol- or drug-related traffic offenses, the Court may, in addition to imposition of any penalties provided by law, order the convicted person to reimburse the Police Department for the costs associated with such arrest.
b. 
Such costs hereby authorized shall include the reasonable cost of making the arrest, including the cost of any chemical test made as authorized or required by law or ordinance to determine the alcohol or drug content of the person's blood, and the costs of processing, charging, booking and holding such person in custody.
c. 
The Chief of Police shall establish a schedule of such costs hereby authorized and shall submit the same to the Municipal Judge. However, the Court may order the costs reduced if it determines that the costs are excessive.
d. 
Upon receipt of such additional costs authorized by this Subsection, the City Treasurer shall retain such costs in a separate fund to be known as the "DWI/Drug Offense Cost Reimbursement Fund". Monies with such fund shall be appropriated by the Board of Aldermen to the Police Department in amounts equal to those costs so collected and shall be used by such department specifically to enhance and support the enforcement and prosecution of alcohol- and drug-related traffic laws within the City.
12. 
Work/construction zone. Any person who is convicted or pleads guilty to a speeding violation or passing/overtaking a vehicle in a work/construction zone when there was any person present performing duties in the work/construction zone and appropriate signs were posted stating "Warning: $250 fine for speeding or passing in this work zone" shall be assessed a fine of two hundred fifty dollars ($250.00) in addition to any other fine assessed; except that any person assessed the two hundred fifty dollar ($250.00) fine shall not also be assessed the thirty-five dollar ($35.00) fine for any of the following offenses in a construction or work zone: any moving violation or violation of speeding, leaving the scene, careless and imprudent driving, operating without a valid license, operating with a suspended or revoked license, obtaining a license by misrepresentation, driving while intoxicated, under the influence or BAC, any felony offense involving the use of a vehicle, or failure to maintain financial responsibility.
13. 
Sheriffs' Retirement Fund. A surcharge fee of three dollars ($3.00), which shall be set aside and deposited into the Sheriffs' Retirement Fund.
14. 
Inmate Security Fund.
[Ord. No. 2661 §§1 — 4, 12-2-2013]
a. 
The St. Robert Municipal Court is to begin an assessment of $2.00 (two dollars) court costs on all criminal cases.
b. 
This assessment is pursuant to Section 488.5026, RSMo.
c. 
This assessment is in addition to the court costs presently collected pursuant to St. Robert City ordinance.
d. 
All sums collected pursuant to this Subsection shall be paid at least monthly to the City Treasury. The City Treasurer shall deposit into the account "Inmate Security Fund." Deposited funds are to be used for the development of biometric verification systems. Upon installation of the biometric verification system, funds in the Inmate Security Fund may be used for the maintenance of the biometric verification system, and to pay for any expense related to custody and housing and other expenses for prisoners.
15. 
Statewide Court Automation Fund. A fee of seven dollars ($7.00) shall be assessed, collected and set aside for the Statewide Court Automation Fund, with all such amounts collected transmitted monthly to the Missouri Director of Revenue to the credit of the Missouri Statewide Court Automation Fund.
[Ord. No. 2956 §§ 1 — 16, 9-20-2016]
A. 
Defined Terms.
MINOR TRAFFIC VIOLATION IS DEFINED AS
A municipal traffic ordinance violation prosecuted that does not involve an accident or injury, that does not involve the operation of a commercial motor vehicle, and for which no points are assessed by the Department of Revenue or the Department of Revenue is authorized to assess one (1) to four (4) points to a person's driving record upon conviction. Minor traffic violation shall include amended charges for any minor traffic violation. Minor traffic violation shall exclude a violation for exceeding the speed limit by more than nineteen (19) mph or a violation occurring within a construction zone or school zone.
MUNICIPAL ORDINANCE VIOLATION (FOR PURPOSE OF THIS ORDINANCE ONLY) IS DEFINED AS
A municipal ordinance violation prosecuted for which penalties are authorized by Statute under Sections 64.160, 64.200, 64.295, 64.487, 64.690, 64.895, 67.398, 71.285, 89.120, and 89.490, RSMo. Municipal ordinance violation shall include amended charges for municipal ordinance violations.
B. 
Notwithstanding any provisions to the contrary, the following conditions shall apply to minor traffic violations and municipal ordinance violations:
1. 
The court shall not assess a fine, if combined with the amount of court costs, totaling in excess of:
a. 
Two hundred twenty-five dollars ($225.00) for minor traffic violations; and
b. 
For municipal ordinance violations committed within a twelve-month period beginning with the first violation: two hundred dollars ($200.00) for the first municipal ordinance violation, two hundred seventy-five dollars ($275.00) for the second municipal ordinance violation, three hundred fifty dollars ($350.00) for the third municipal ordinance violation, and four hundred fifty dollars ($450.00) for the fourth and any subsequent municipal ordinance violations:
C. 
The court shall not sentence a person to confinement, except the court may sentence a person to confinement for any violation involving alcohol or controlled substances, violations endangering the health or welfare of others, or eluding or giving false information to a law enforcement officer.
D. 
A person shall not be placed in confinement for failure to pay a fine unless such non-payment violates terms of probation, or unless the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule are strictly followed by the court.
E. 
Court costs that apply shall be assessed against the defendant unless the court finds that the defendant is indigent based upon standard set forth in determining such by the presiding judge of the circuit. Such standards shall reflect model rules and requirements to be developed by the Supreme Court.
F. 
No court costs shall be assessed if the defendant is found to be indigent under Subsection (E) above or if the case is dismissed.
G. 
Defendants in custody pursuant to an initial arrest warrant issued by a municipal court have an opportunity to be heard by a judge in-person, by telephone, or videoconferencing as soon as practicable and not later than forty-eight (48) hours on minor traffic violations and not later than seventy-two (72) hours on other violations, and if not given the opportunity, are released.
H. 
Defendants in municipal custody shall not be held for more than twenty-four (24) hours without a warrant after arrest.
I. 
Defendants will not be detained in order to coerce payment of fines and costs unless found to be in contempt after strict compliance by the court with the due process procedures mandated by Missouri Supreme Court Rule 37.65 or its successor rule.
J. 
St. Robert municipal court will allow indigent defendants to present evidence of their financial condition and will take such evidence into account if determining fines and costs and establishing related payment requirements.
K. 
St. Robert municipal court will only assess fines and costs as authorized by law.
L. 
No additional charge will be issued for the failure to appear for a minor traffic violation.
M. 
St. Robert municipal court will conduct proceedings in a courtroom that is open to the public and large enough to reasonably accommodate the public, parties, and attorneys.
N. 
St. Robert municipal court will make use of alternative payment plans.
O. 
St. Robert municipal court will make use of community service alternatives for which no associated costs are charged to the defendant.
[Ord. No. 195 §27, 1-4-1979]
The costs of any action may be assessed against the prosecuting witness and judgment be rendered against him/her that he/she pay the same and stand committed until paid in any case where it appears to the satisfaction of the Municipal Judge that the prosecution was commenced without probable cause and/or from malicious motives.
[Ord. No. 195 §28, 1-4-1979]
When a fine is assessed for violating an ordinance, it shall be within the discretion of the judge assessing the fine to provide for the payment of a fine on an installment basis under such terms and conditions as he/she may deem appropriate.