TO: Mayor and Members of City Council
THRU: Karen M. McDonald, City Attorney
FROM: Brandon Christian, Police Attorney
DATE: March 19, 2018
RE:
Title
Proposed Amendment to Section 24-223 of the City Code
end
COUNCIL DISTRICT(S):
Council District(s)
ALL
b
Relationship To Strategic Plan:
Goal I: Be a safe and secure community
Executive Summary:
Technical corrections to the existing licensure requirements for wrecker operators, who are included on the city’s rotation wrecker list.
Background:
The ordinance needs two technical corrections to effect the intent of the section.
The first correction requires that all drivers have a current certificate, showing that they have attended a training and safety course. These certificates expire after five years. Under the current version of the ordinance there is no requirement that the tow truck operators must renew the certificate. As these wreckers are called by City dispatchers, it is incumbent on the City to ensure that they maintain proper training in safety procedures.
The second correction concerns an inherent legal conflict created when a tow driver is called by a City official to tow a vehicle that will be used as evidence. That tow driver could be called as a witness in the case. Therefore, the Chief of Police should have the authority to suspend a particular driver from the rotation wrecker call list if that driver is charged with a felony. Therefore, the other correction updates terminology used in describing criminal convictions and permits the Chief of Police to discretionarily suspend drivers who are charged with certain violations, concerning impaired driving, possession of controlled substances, and serious felonies. As of now there is implied, but not express, authority to suspend a driver or owner who has a serious criminal charge filed against him. The regulations promulgated by the Police Department are based on this understanding. This modification will expressly authorize such suspensions.
Issues/Analysis:
This ordinance will NOT do any of the following:
1. Prevent a person who is charged of a crime (or convicted) from working as a tow truck driver.
2. Prevent a person who is charged with a crime (or convicted) from owning a tow truck company.
3. Prevent a company from hiring a person charged with or convicted of a felony.
4. Prevent a company who has hired a person charged with or convicted of a felony from towing cars for the City of Fayetteville.
What this ordinance does and will do is simply say that a DRIVER who has a pending felony charge, impaired driving charge, or toxic vapors charge cannot answer City tow calls. The same holds true for persons with those types of conviction. They are simply barred from answering City tow calls
Other drivers for the company can still respond to City tow calls. Even if the owner of the company would be disqualified from handling the City tow call him/herself, he/she can still send a non-disqualified driver to do the tow.
Additionally, this allows the City to exercise its responsibility to ensure that anyone that the CITY calls to tow a vehicle belonging to a private citizen is a safe and appropriate person to do that task. On the whole, these two technical corrections will add clarity to the City’s ordinance and help ensure the safety and wellbeing of our citizens.
Budget Impact:
Unknown at this time.
Options:
1. Accept the proposed amendments and adopt the ordinance as written.
2. Reject the proposed amendments.
3. Provide additional direction to staff.
Recommended Action:
Staff recommends that Council accept the proposed amendments and adopt the ordinance as written.
Attachments:
Section 24-223 Ordinance Amendment - Redlined
Section 24-223 Ordinance Amendment - Clean