HomeMy WebLinkAboutSubmittal-City Manager-Memo-Description of Hearing ProcedureJuly 11,2013 FILE:
Description ofHearing Procedure
Red Light Camera Safety Program
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CITY OFM|AK4[FLORIDA
INTER -OFFICE MEMORANDUM
Submitted into the public
record inconnection with
item SR.3on 07y11/13
Todd B.Hannon
TO: Honorable Mayor and Members of City Commission DATE:
SUBJECT:
FROM: Johnny Martin-_ P.E % REFERENCES:
City Manager
House Bill 7125 that was passed by the Flohda Legislature[N May % 2013 and was signed into law 01June 13
2013 amended the Mark YVanda|| Traffic Safety Act to require that local municipalities administer an appeals
process for recipients of a Notice of Violation (NOV) in conjunction with the Qb/o Red Light Camera Safety
Program. The Qiv of Miami is prepared to provide a new process that 0i[0[s the current appeals process
administered by the Miami -Dade County Court system. The following summary of the proposed procedure in
consistentwith the revised legislation:
Description of Appeals Procedure under revised statute
1. Cameras record data at intersections throughout the City of Miami
2. ATS staff reviews violations and dioumdo incidents that were flagged bvfalse triggers, such as emergency
vehicles, right turns onred, and cars that came tVastop beyond the stop bar
3. City of Miami's Police Red Light Camera Enforcement Detail (RLCED) reviews incident and determines if a
Notice 0fViolation (NOV) should beissued
4. NOVs are issued within 30 days of violation. Under the new legislation, violators are given 60 days from
date the NOV iaissued tVappeal orpay the $15Ofine. The recipient ofanNOV has the following options:
a. Pay the citation — Individual pays citation of $158 (fine amount is defined in state legislation);
i State share is $83: G8ngng| Fund, $70; Trauma CeOUa[ $10; Miami Center to Cure
Paralysis, $3
|i City share is $75; City and ATSsplit revenue from camera with 80Y6 ($45) going to City
and 4OY6($DO)toAT8for program management
b. Request ahearing; Vr
u. Transfer liability to the individual who was driving through submittal of an affidavit
d. If no action is &aken, after O0days then the ticket becomes e Uniform Traffic Citation (UTC)whioh
can beappealed through the Miami -Dade Court System
5. If an individual [9QUeSt3 an NOV hearing through the Cib/, the following hearing 0UtCn06s can occur:
a. Individual isfound not liable — violation iadismissed, they pay nothing
b. Individual cancels hearing within allowed time (at least 5 days before scheduled date) and pays
fine
i $158 +$50 in administrative fees
n. Violator found liable ekhearing:
i Violator pays $158 fine plus an $85 fee (new legislation allows up to $250 as an
administrative fee).City inproposing ocost recovery only administrative fee of $85.
ii. Violator does NOT pay: Registration Hold, $158 plus $85 administrative fee
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iii. Violator may further appeal an unsuccessful NOV hearing at the City of Miami through the
Circuit Court
d. Violator does not show up for hearing, is found liable
i. Violator pays fine plus $85 in administrative fees
ii. Violator does NOT pay: Registration Hold, $158 plus $85 in administrative fees
e. Violator requests to reschedule hearing at least 5 days before original hearing date
6. If a violator transfers liability
a. New NOV is issued to named driver in Transfer of Liability Affidavit (TOL)
b. NOV process starts over with TOL named driver
7. If no action is taken within 60 days, an UTC is issued within 30 days.
a. Violator Pays UTC
b. Violator requests hearing before County Court
i. Violator found not liable; UTC dismissed
ii. Violator found liable
1. Pays fine
2. Does not pay fine — county has option to suspend driver's license
3. Violator appeals to Circuit Court
iii. Violator does not show up for hearing: fine + court costs + option to suspend diiver's
license.
c. Violator does nothing
i. fine + court costs + option to suspend driver's license
Benefits of Legislative Changes
As indicated below, the Mark Wandall Act provides some changes that benefit the citizens receiving a NOV. Some
of these changes are:
• Ticket recipients are given more time to pay citation or request a hearing
o increase to 60 days from original 30 days
• Appeals process at Notice of Violation (NOV) stage
o previously only possible at Uniform Traffic Citation (UTC) stage, incurring more fines
• Cities with Red Light Camera Program are authorized to conduct violation hearings on NOV, thereby
bypassing State court system.
o Hearing fees proposed by City of Miami ($85) are lower than the County Court System ($119)
o City proposing court neutral fee of $85
• If found guilty, violator would be obligated to pay up to $243
o Presently, UTC court costs are $119 for a total out of pocket cost of $277
• Represents a reduced cost of 28% to appeal citation. ($85/$119)
Hearing Procedure Parameters
Based on the current number of UTC appeals being heard by Miami -Dade County Court system of UTCs issued from
the City of Miami Red Light Camera Program, the City has scheduled 8 hour hearings, 3 times a week (see attached
calendar of hearing dates). Currently Miami -Dade County on average hears approximately 1200 appeal cases per
month. The City of Miami will hold the proceedings at Miami City Hall from 9am to 5pm on dates reflected on the
attached calendar. The hearings will be administered by a Special Magistrate under contract with the City that fulfills
the legislative requirements for the procedure. To allow for months with holidays, the current schedule allows a
capacity to hear 1200 hearings per month based on the following calculation:
12 meetings per month x 8 hrs per meeting x 12.5 hearings per hour (approx.. 5 min. each) = 1,200 cases per month
Submitted into the public
record in connection with
item 5R.3 on 07/11/13
Todd B. Hannon
Hearing dates will be adjusted up or down to provide adequate hearing capacity. The budget for the Hearing Board
sections of the Department of Planning, Zoning and Hearing Boards will be increased by 3 positions to administer the
process.
Description of Hearing Procedure
Procedures for a hearing:
(a). A violator may submit a request for hearing form electronically or via regular mail.
(b). The Office of Hearing Boards shall provide sufficient staff to serve as clerk to the local hearing officer.
(c). Any person, herein referred to as the "petitioner who elects to request a heating shall be scheduled for a
hearing by the Office of Hearing Boards to appear before a local hearing officer with notice to be sent by first-class
mail. Upon receipt of the notice, the petitioner may reschedule the hearing once by submitting a written request to
reschedule to the Office of Hearing Boards, at least 5 calendar days before the day of the originally scheduled
hearing. The petitioner may cancel his or her appearance before the local hearing officer by paying the penalty
assessed ($158), plus $50 in administrative costs, before the start of the hearing.
(d). All testimony at the hearing shall be under oath and shall be recorded. The local hearing officer shall take
testimony from a traffic infraction enforcement officer and the petitioner, and may take testimony from others. The
local hearing officer shall review the photographic or electronic images or the streaming video made available
pursuant to sec. (1)(b)1.b. Formal rules of evidence do not apply, but due process shall be observed and govem the
proceedings.
The Appellant has the opportunity to present any evidence as part of his or her defense without being limited to
evidence only allowed by the Florida Rules of Evidence. This process is more fluid, informal and Appellant -friendly
than your typical appeal in County Court.
The Appellant may present the following Defenses:
1. It wasn't me. (At this point the Hearing Officer/Magistrate will provide the Appellant with a form Affidavit
and assist them with that process. The Magistrate also has the discretion to defer the hearing and give the
Appellant more time to gather information.)
2. The police told me to move my vehicle.
3. An emergency vehicle was approaching and I was forced to run the red light.
4. A Funeral procession.
5. A police officer already issued a ticket for the offense.
(e). At the conclusion of the hearing, the local hearing officer shall determine whether a violation under this section
has occurred, in which case the local hearing officer shall uphold or dismiss the violation. The local hearing officer
shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the
petitioner to pay the $158 penalty and may also require the petitioner to pay costs of the hearing in the amount of $85
(per statute can not to exceed $250). The final administrative order shall be mailed to the petitioner by first-class
mail.
Submitted into the public
record in connection with
item SR.3 on 07/11/13
Todd B. Hannon
Financial Hardship Cases:
In financial hardship cases, the Magistrate has the discretion to:
1. Give the Appellant more time to pay.
2. Waive the court cost
The petitioner can pay the appropriate amounts at the City Clerk's Service Window at City Hall by cash, check or
credit card or by mail or on-line.
(f). An aggrieved party may appeal a final administrative order consistent with the process provided under sec.
162.11 Fla, Stat. which would lead to a circuit court hearing,
Hearing Administrative Fee
Please see the attached budgetary breakdown that establishes the proposed $85 administrative fee (statute allows
up to $250). The fee is based on the cost recover for the administrative process that will require 3 additional
positions at the Office of Hearing Boards and Special Magistrates to process on average 1200 hearings per month as
depicted below.
12 meetings per month x 8 hrs per meeting x 12,5 hearings per hour (approx.. 5 min. each) = 1,200 cases per month
cc: File
Submitted into the public
record in connection with
item SR.3 on 07/11/13
Todd B. Hannon
Violation Captured:
Mho oG VcIdlibit
issued *Fin days
Violator pays 6160
WAY 60 days
Violator casemate
" *fin 60 days
ViolatoIIibilit
Uniform Tralfte Malian
0.1141 Issued who 30 data
Miami Red -Light Safety Camera Program Hearing Process
• ,
5
VSnatre found not liable
al hearing:NOV drsoisfaeil
tar canoe hearing
paying firm' $158 S50
administrative loss
Vol:dor found batik
at homy
aream,massmst,..mec
Violator riots red
uhoW ire for hearing
and is found liable
r ruguetsk resthdu
Mg at /east 5 days before
onginsi hearing dale
New NOY'S rissurbt to
eddriveT in Transfer of
LabiIiy (IL) All idst
Vinialof hansfers
iviin 3J days of
• of ()IC
vtawol, pays uic
ring
ury Cou-1
Vintatur doea nedirn1
ViaLtyx pays fine: Weirifor does not psy:
• v.4";:ri:'.
a SI $85' reg. hold $158 4- $85
film,* ----as artromodratice lee administrative fee
oris fine:
Str.18 $85
irdolinrative loe
NOV process slants um
TOL named darter
Not NOV is- is,stred
mina! driver in TO.
Violator found not !We:
Violator found
court
n D
fine - court costs
I, tuition le oircenol
Violator does nut gay.
rag h* •$85
adounisaratrve tee
NU ii process sazirts
h TOL named driver
Visiatnr pays uni,
Violator iliay appeal to
Utruit Court
Vrotatorr may 'pp
Circtr4 Court
Violater does not pay and
xti lay Ian ription to
.tend &gels: license
Violdes acd8rol810
Circuit Court
Submitted into the public
record in connection with
item SR.3 on 07/11/13
Todd B. Hannon
Planning and Zoning Department, Hearing Boards Section
Red Light Camera
2013 Calendar
(July 1, 2013)
The following meeting dates shall take place at Miami City Hall, City Commission Chambers, 3500
Pan American Drive at the time indicated below. Should you have any questions, please call 305-
416-2030. Note: Meeting dates, time and location are subject to change. Please be advised one
or more City of Miami Commissioners may be in attendance.
JANUARY
S M T W T F S
/ 2 3 4 5
6 7 8 9 10 11 12
13 14 15 16 17 18 19
20 21 22 23 24 25 26
27 28 29 30 31
FEBRUARY
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28
MARCH
S M T W T F S
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30
31
APRIL
S M T W T F S
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30
MAY
S M T W T F S
1 2 3 4
5 6 7 8 9 10 11
12 13 14 15 16 17 18
19 20 21 22 23 24 25
26 27 28 29 30 31
JUNE
S M T W T
2 3 4 5 6 7 8
9 10 11 12 13 14 15
16 17 18 19 20 21 22
23 24 25 26 27 28 29
30
JULY
S M T W T F SS
1 2 3 4 5 6
7 8 9 10 11 12 13
14 15 16 17 18 19 20
21 22 23 24 25 26 27
28 29 30 31
AUGUST
M T W T F S
1 2 3
4 5 6 7 8 9 10
SEPTEMBER
S M T W T F S
1 2 3 5
7
8
15
22
29
9
16
23
30
10 12
17 19
24 26
13
20
14
21
28
11
18
25
12
19
26
13
20
27
14
21
28
15
22
29
18
23
30
17
24
31
OCTOBER
S M T W T F S
3 5
6 8 10 12
13 14 15 17 18 19
NOVEMBER
S M T W T F S
2
DECEMBER
S M T W T F S
1 3 5 7
8 10 12 14
15 17 19 20 21
22 23 24 25 26 27 28
29 30 31
3 5
10 11 12
6
13
7 9
14 15 16
20
27
21
28
22 24 26
29 31
17
18
19
20
21 23
24
25
26 27 28 29 30
IIII Meeting at 9:00 am
Submitted into the public
record in connection with
item SR.3 on 07/11/13
Todd B. Hannon
7/11/2013
Attachment 1
Three Days Per Week Scenario Cost Estimate
Recurring Costs
Position
HoursfWeek
Hourly Rate
Cost Per Week
Per Year"
Special Master
24
100
2,400
115,200
Two (2) Full -Time Clerks••
80
21
1,673
86,986
Full-time Clerks Benefits"•••"
58,854
Full time emplyee at the PD Department
40
31
1,250
65,000
Fringe Costs
37,675
In -Chamber Security Guard
24
22
528
25,344
Front -Door Security Guard
24
22
528
25,344
IT Technician
24
20
480
23,040
Janitorial Services
24
20
460
23,040
Cashier
24
15
360
17,280
Translator
24
30
720
34,560
Labor Costs
512,323
City Overhead Rate of 48%
758,238
*Assumes Court Proceedings 48 weeks per year. Clerks to be employed 52 weeks per year
••Rate based upon Clerk I position on City of Miami HR Website. Hourly rate ranges from $11.80.520.91. Rate includes at contributions
••• Based on IT Technician I position. Hourly rate ranges from $18.10-$24.85
Recurring Equipment Casts
Equipment Number of Unfts Cost Per Unit Total Cost
Operating Expenses
Other Miscellaneous
12
1
3,150
5,000
37,800
5,000
Total Recurring Equipment Costs
42,800
Startup Costs
Equipment Nu be Units Cost Per Unit Total Cost
Laptop Computers`
3
800
2,400
Printer/Copies
2
500
1,000
Office Supplies
1
12,000
12,000
Digital Recorders (including backup)
2
2,000
4,000
Television/Projector••
2
800
1,600
Metal Detector Acquisition•••
1
3,000
3,000
Total Startup Equipment Costs
24,000
'One for Special Magistrate, two for clerks
••Device for reviewing violation recordings In Court
•••Per Nancy Dorta, metal detectors formally at MRC are now in use at City Hall
Underlined items_will only be necessary if a facility other than City Commission Chambers is utilized
Total First Year Costs
$825,038
Total Recurring Costs (excludes Startup)
5801,038
9,600 Total Number of estimated cases per year
83.44 Fee for hearing
Full-time Positions at City of Miami
Number of Individuals _
Cost Per Person
Total cost
Retirement (Per Person Per Year)
2
$14,100.00
$28,200.00
Life & Health (Per Person Per Year)
2
$12,000.00
$24,000.00
FICA
7.65%
$86,985.60
$6,654.40
Benefits Subtotal
$58,854.40
Submitted into the public
record in connection with
item SR.3 on 07/11/13
Todd B. Hannon
C\Users\djalfonso\Desktop \Hearing Cost Breakdown - DJA 7-11-13