There is no evidence that a ticket quota system exists in Ogden or Utah
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No comments [ Add Comment ]By Wayne Tarwater
Guest commentary
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Nov. 23 Standard headline and article -- "Ogden lawmakers face off" -- discussed the opposite points of view regarding traffic citations.
The law being proposed (last year's House Bill 255) prohibits any state or local government entities from requiring or directing any law enforcement officer, within any period of time, by a specific number, to issue citations, complaints or warning notices which enforce any state traffic code in Title 41 or any local traffic regulatory ordinance that comes from powers of Utah Code Title 41.
Simply stated, no supervisor could ask a law enforcement officer to go issue any ticket for any traffic violation from reckless driving to parking. Any request to write a ticket in a neighborhood, instigated by a citizen complaint, could not happen.
No supervisor could direct an officer to write a ticket, after reviewing an accident investigation, to any party. No number could be used in any employee evaluation for any period of time.
Therefore, no employee could be requested to do any work in this unpopular area of law enforcement. Officers don't get up each day saying, "I want to write tickets."
Writing tickets often can be very confrontational. Officers lose their lives annually to people who get mad as a result of a traffic stop.
There was no evidence provided on Jan. 25 or Feb. 12, 2007, that a quota system in Utah exists! There was some exaggeration, and there were baleful comments, however, by the only person testifying for the bill.
There is audio of this testimony -- both sides -- on the state Legislature's Web site.
An Ogden Police Department employees' group, which represents sworn officers, entered into wage negotiations in 1999 with the Ogden Council (Joint Resolution 99-5) before the current mayor's administration. The parties agreed to a measurable performance evaluation plan (PEP) in consideration of a significant pay raise as associated with the "master officer" rank. That evaluation process exists today for all civil service employees of the police department, including assistant chiefs. The standards were set together by employees and management. A different plan exists for every department position -- but the first of these, the one from 1999, has changed little: the standard for the frontline patrol officers, not the traffic officers, who are the largest group on the department handling every citizen call from domestic violence to homicide, including some accidents, in tickets is between zero and five per week. Five is the top of the measurement scale in this area, and is one of 18 negotiated and weighted measurement areas. The actual average for this group, about 50 officers, ended up being 1.21 overall tickets per each work day for 2007. There is no required annual number.
There has been discussion that ticket revenue is a cash cow for a city. Where does this violation dollar go? Between 60 percent and 65 percent of the violation dollar for most tickets issued statewide goes to the state of Utah to be spent by legislators -- it is the state code Title 41 that is being enforced.
They, the legislators, typically spend it in the following areas by percentage, approximately: crime victims, 35 percent; Police Officers Standards and Training (POST), 18 percent; EMS fund, 14 percent; intoxication rehabilitation, 8 percent; general fund, 8 percent; domestic violence, 4 percent; prosecution council, 3 percent; juvenile court, 2.5 percent; State Office of Education, 2.5 percent; statewide warrants, 2.5 percent; guardian ad litem, 2 percent; attorney general training, 1 percent.
Of the remaining 35 percent of violation dollars, 50 percent goes to the court of jurisdiction, either state or justice, and 50 percent goes to the issuing agency. For Ogden, the violation dollars going to the city's general fund pay for, total package, less than 10 sworn officers of the 142 sworn on the department. It pays for nothing of the roughly 60 civilian and part-time employees.
I assume that as each of you drive, each time you drive, you see violations of traffic law. You know what speeding, red light violations and stop sign violations look like. Occasionally you drive by an accident; they happen about five to 10 times per day in Ogden. The ticket you receive from an Ogden officer, if it has been awhile since you had one, generally can be adjudicated by attendance at traffic school. No driver's license points are imposed, but the state still demands its violation dollar. It provides an education mechanism to help you review traffic laws.
The point is, the administration of the Ogden Police Department sets expectations of performance that we think are in line to accomplish your and our goals of what a police department should provide to reduce the cause of accidents, reduce all forms of crime through traffic stops and educate drivers on their responsibilities to all of us. Do we need a new law redefining what you, as our customers/taxpayers, expect of us?
Tarwater is Ogden's assistant police chief.
