11-20-2006 Council Agenda - Laserfiche WebLink

Home Browse Search

Kathy Glanzer From: Joel Hanson Sent: Tuesday, November 14, 2006 4:13 PM fo: Kathy Glanzer Subject: FW: Administrative Offenses and Legislative Agenda Let's put this on the next agenda. Original Message From: Kurt Ulrich [mailto: kurt . ulrich@ci.mounds- view.mn.us] Sent: Tuesday, November 07, 2006 6:14 PM To: Michelle Wolfe; 'gemlakecity @comcast.net'; Brian Heck; Joel Hanson; Jim March; Wally Wysopal; 'tschwerm @ci.shoreview.mn.us'; ' gurban @cityvadnaisheights.com'; 'msather @whitebearlake.org'; Bill Short; 'jtroha @ci.new- brighton.mn.us'; ' greg .copeland @ci.maplewood.mn.us'; Justin Miller; Chris Miller Cc: 'Speiker, Terry' Subject: RE: Administrative Offenses and Legislative Agenda Dear Ramsey County Managers /Administrators /Clerks: I am writing to request your consideration and support of legislation in regard to administrative offenses (AOs)for this year's legislative session. A number of cities in the County have used (or use)AOs as an efficient and effective means of enforcing a number of quality of life issues, including minor traffic violations. Unfortunately, current interpretation of state statute has put those efforts in jeopardy. As many of you know, this issue was addressed by the legislature in the recent past. In March 2005, two bills were considered that attempted to resolve the conflicting interpretations of existing law. HF 2004 /SF 1042, a bill that would have allowed cities o impose administrative penalties for low -level moving violations, did not become law. it did advance after lengthy testimony in the Senate Transportation Committee, but was not heard at the next stop —in the Crime Prevention and Public Safety Committee. The bill contained the following enabling language: "A municipality, by ordinance, may enforce minor traffic offenses through an administrative system separate and distinct from the court system. Administrative penalties may not exceed the maximum penalty established by law for a petty misdemeanor offense. An administrative penalty may not be imposed unless the offender is given the opportunity for a hearing held before a hearing officer appointed by the municipality and independent of the law enforcement agency." SF 1713, a bill that would prohibit cities from imposing administrative fines for traffic was voted down in the Senate Transportation Committee on a vote of 6 -8. It would have added a provision to Minnesota Statutes Section 169.022, the uniform traffic code, stating, " ... [Notwithstanding any contrary charter provision, no statutory or home rule charter city, county, or town may impose administrative penalties to enforce provisions of this chapter." No related bills were heard in the House of Representatives. In Mounds View's case, the AO is typically a petty misdemeanor level offense for which the city imposes a fine. Using the administrative offenses for these types of offenses has been referred to as "warnings with a consequence." Prior to the administrative offense option many of these lesser offenses were dealt with by a warning from the police officer. Having the administrative offense option gives the police a level of consequence between nothing (warnings) and getting hit with a large fine. The fine imposed for the use of an administrative offense is significantly less then a fine that would be imposed with the corresponding state citation for the same offense. For example, with a state citation, speeding by traveling 35 miles an hour in a 30 mph zone carries a fine of $105, while the city administrative offense carries a fine of $40 for the same violation. Police Officers have been concerned about the financial impact the large fine associated with the state citation would have on residents and have shown some reluctance to issue such citations. Many people working for minimum or minimal wages cannot afford a $105 fine. drom a County perspective, increasing local authority could help relieve the congested court system. Administrative citations remove many minor offenses from that system freeing court staff for more serious cases. The administrative citation does not go on 1 -3