9.1. SR 09-08-2009 - Laserfiche WebLink

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must bar police officers from issuing administrative citations in violation of this law. Model policy available} 2} An appeal process must be setup using neuttal thud-party hearing officers fox those who wish to contest their administrative traffic citation, The legislative intent is that this hearing officer be someone other than city staff ox City Council} 3} we must notify the Com~Dissioner of Public Safety that the Council passed a resolution allowing police officers to issue these citations. ~A model letter is available} 4} we shall develop an information sheet to be given to anyone who is issued an administrative citation describing to the driver how they may contest their violation. ~A model flyer is available} 5} we must purchase the new prescribed Department of Public Safety uniform traffic citation from the Commissioner of Public Safety. The cost for these has not yet been established} we must t~.•ack the number of administi.•ative citations issued and the money collected. ~I`he City Finance Department is fully p~.•epared fox this p~.•ocess.} The state auditor must then collect this information from all cities once each year. 7} Divide the money that is collected so that two~thirds of the fine ~~40} remains with the city, and one-third is paid to the State Com~x~issioner of Finance, 8} The state's share of the money must be submitted to the MN Management and Budget, Treasu~.y Division using the Administrative Citation Fine Remittance Form. Model Supplied} 9} Use one~half of the city's share ~~20} fox law enforcement purposes. These funds must be used to supplement, but not supplant the annual police budget, I O} Issue citations for the three violations allowed, but l~now that no administrative citation maybe issued to anyone who possesses a commercial d~•iver's license. The largest unl~own at this point, is how we would appoint the impartial hearing officer, Thoughts thus far have been to utilize a local attorney ox law firm, a retired judge, or one of two hearing officer corporations that have been quicldy formed herein the state. It is impossible to judge how many citations would be issued. ~Ue do not typically write many speeding ticl~ets at less than nine over, A more palatable citation that does not go on a d~•iver's record, and costs less, might encourage our officers to write more citations at lesser speeds, Especially in those neighborhoods where speeding is a concern} There is also no l~nown indicator as to how many citations would be contested and what the cost of a heari~a.g would be, rt would not tape many hearings to drain any revenue gained from the citations when our income is only X40. ~Ioweve~.•, it may however be possible that the hearings would be very few, The four judges in Sherburne County recently voiced their opinion of this administrative citation process dux~.g a Criminal Justice Communication Committee meeting, They stated the following; They felt that the administrative citations were a revenue mechanism supported by cities, and one driven by a strong desire to bolste~.• diminishing city budgets. They feel that this impacts the purpose of ti.•affic citations themselves, which is justice versus income. They also felt that the hearing officer process was a lacy of official due process, and one that would shortly be before the cou~.•ts themselves as a matter for judicial review. S:~Council~1'o~ice~2U0{1~~.dmin rines,dac