LTC 261-2013 Parking Citation Dismissals m MIAMI -BEACH
OFFICE OF THE CITY MANAGER
NO. LTC # 261 -2013 LETTER TO COMMISSION
TO: Mayor Matti Herrera Bower and _-
Members of the City Commission
-
FROM: Jimmy L. Morales, City Manager
DATE: July 30, 2013'
SUBJECT: PARKING CITATION DISMISSALS
As you may know, WPLG — Channel 10 recently issued a report regarding parking
citation dismissals. The report references parking citations that were dismissed for
residents, visitors /tourists, and public sector employees, including some city
employees.
Parking citations may be contested either through an. administrative review process
at the department level or through the County's Clerk of Courts. The setting of a
court hearing to contest a parking citation must be done in person at the County
Clerk of Courts Office resulting in two visits (one to request the court date and one
to attend the hearing). A common complaint is that it is a bureaucratic process that
leads many to just pay the citation because it not worth the time, effort, and
resources to contest a low level fine.
The Administrative Review process provides an expedient manner for any citizen
(resident, visitor, tourist, or public sector employee) to contest a parking citation.
Certainly, those wishing to contest their case through the court system may avail
themselves of that process.
There were 163,987 parking citations issued between January 1 and June 30th of
this year and there were 767 dismissals for this period. This equates to- 0.004% or
less than one -half of one percent. The news report failed - to mention that the
dismissals that were processed contained reasonable justifications, including
meter /iPark malfunctions, missed valid permits or receipts displayed on the vehicle,
tourists who are unfamiliar with local regulations, and others. In some cases the
word "courtesy" appears on the request; however, a reasonable justification for the
dismissal is referenced on the request form and /or supporting documentation,
including photographs, is provided.
The following is a listing of the respective dismissal categories, their quantity, and a
brief description of each:
Categories: No. %
1. Customer presented valid permit or pay station receipt:, 402 52%
2. Officer input error: 160 21%
3. Meter or iPark malfunction: 63 9%
4. Tourists unfamiliar with local regulations: 48 6%
5. Obstruction of license plate (frame): 31 4%
6. Loading activities (passenger /commercial): 27 3%
7. Public sector employees 26 3%
8.. No sign posted: 5 1 %
9. Victims of Crimes 5 1 %
Total: 767 100%
* Notes:
1. Over half of all dismissals are permit or pay station receipts that were valid. This includes
municipal, residential, and citywide permits, including disabled hang -tags. Dismissals for
valid pay stations receipts include customers who were at the pay station attaining a receipt
when the citation was issued or a valid receipt was purchased but was inadvertently not
displayed. Moving forward, the pay by license plate initiative will address this issue as a
receipt will no longer be required to be displayed and payment confirmation will take place
electronically, online in real time. 2. Officer input error includes data entry input errors on the
handheld citation issuing device. These input errors include license plates, violation codes,
vehicle descriptions, and locations. Also, a replacement citation is issued with the corrected
information.
3. From time to time, single space meters, multi -space pay stations, and iPark devices
malfunction. A review and /or inspection are conducted to confirm the malfunction in each
case.
4. Tourists who visit our city are, at times, unfamiliar with ourlocal parking regulations. Proof
of their tourist status is required (airline and /or hotel receipt).
5. Obstruction of license plate dismissals is provided upon proof (photo) that the obstruction
was removed.
6. Loading activity dismissals include passenger or commercial loading is underway and the
officer becomes aware of the 'loading activity after the citation has been issued.
7: The- following is a detail of the 26 public sector employee requests for administrative
dismissals:
U. S. Postal Service employees with valid permit: 2
City employees with valid permit (multiple departments): 19
Police undercover vehicles: 5
Total: 26
8. No sign posted dismissals occur when a sign is missing and /or has an obstructed view.
9. Victims of crime dismissals include vehicles that are cited during the course of a crime,
including the issuance of a police report.
The dismissal referenced in the news report that was related to the City of Coral
Gables employee occurred in October 2012 and it is not included above. This
circumstance, along with other potential issues, is addressed below. Moreover, the
following additional safeguards are being implemented prospectively to maintain the
public trust by promoting transparency; and further strengthening the integrity of
both the request for administrative dismissal process and court proceedings:
Requests for Administrative Dismissal
In regards to the circumstances related to the City of Coral Gables employee, the
request for dismissal states "courtesy" with no other reference. The dismissal may
have been related to one of the aforementioned categories; however, there is no
confirmation of the specific category. This is addressed prospectively by requiring
public sector employees, including municipal, state, or federal employees, who
request an administrative dismissal, to submit their request through their agency's
department head, including the justification and their department head's written
approval. This also includes City of Miami Beach employees. Requests are
reviewed through the chain of command with the written approval of the Assistant
. Parking Director and Parking Director, as a dual control.
Court Proceedings
Truthful and accurate testimony is critical in upholding any enforcement action.
Parking enforcement specialists shall be evaluated and scored on their annual
performance with regard to court proceedings, including their demeanor. The
following will be required of city employees and it will be transmitted to all
employees in' the form of a policy
• City employees who receive a uniform traffic citation.and /or parking citation,
on or off -duty, by either an officer of the City's parking enforcement unit or
police department must provide written. notification of the citation to the'
Human Resources Director or her designee, no later.than 72 hours after
issuance.
• City employees who wish to contest a uniform traffic citation or parking
citation must maintain the highest ethical standards and shall neither attempt
to nor exert any influence or coercion to the issuing officer or agency to
influence, gain favor, and /or perjure the testimony of the issuing officer.
• City employees contesting citation(s) must provide the Parking Director
and /or Police Chief with written notification of the date, time, and location of
the hearing. This notification must take place 72 hours prior to the hearing
(not including weekends or holidays).
•" .A city employee who has issued a violation to a fellow employee, friend, or
family member, and is called upon to provide testimony in a court of
competent jurisdiction, shall report any attempts to be influenced, gain favor,
and /or perjure their. testimony, to the Human Resources Director.
• City employees who act as officers of the court shall not provide testimony in
any court proceedings that intentionally and purposefully provides undue
favor to friends, family members, or employees of the City.
City employees violating this policy shall be subject to disciplinary action, up to and
including termination of their employment with the City.
These safeguards are just another step towards restoring the public trust and
addressing any real or perceived conflicts.
C: Patricia Walker, Chief Financial Officer
Kathie Brooks, Assistant City Manager
Mark Taxis, Assistant City Manager
Joe Jimenez, Assistant City Manager
Marcia Monserrat, Special Projects Coordinator
Ray Martinez, Police Chief
Sylvia Crespo- Tabak., Human Resources Director
Saul Frances, Parking Director
Rocio Alba, Assistant Parking Director
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JLM /KGB /PDW /SCT /SF
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