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 au...
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