Red Light Camera Town Hall: Were They Listening?

Last night's Town Hall put on by Councilor Brad Winter drew a large crowd of around 150. (ABQ Journal - Subscription Required). There were a lot of good questions raised, questions of the length of yellow lights, economic profiling, funds distribution (where $4 Million of the $6.3 Million received has gone), due process, and excessive fines. Most of the crowd was less than happy with the program; in fact, down right angry. But even supporters found things to be concerned about and many of them were the same complaints voiced by the program’s critics.

If you distill the evening down to a few points you find that people believe that the program is a cash cow for the city, that the fines are excessive, and that they do not receive a fair and impartial hearing (how can they when there are bills to pay?). We told you about the pressure not to dismiss these citations here. The fact is, as long as the City of Albuquerque sets the fee schedule, is the accuser, and acts as the judge; fair and impartial hearings will be impossible and will take a back seat to revenue concerns.

If there was ever any doubt that this program was all about money, just look to today's Albuquerque Journal (Subscription Required). The Legislature has managed to do something that angry citizens have been unable to do... threaten the existence of the program. Mayor Marty has vowed to pull the plug if the Legislature passes a bill that would send $74 of every citation to the state. Why? Yep… Money.

The Almighty One claims that it cost $5 Million a year to operate the program, a figure that is sure to include every "cost" even those charged by the City. And apparently, if the City weren't allowed to keep all of the loot, that $5 Million a year would be "a program killer." Wait, wasn't this about public safety? According to the Journal this is how the fines collected are broken down:

"Of a standard $100 fine, city officials said, $14 goes to the company that owns the equipment, $15.65 funds the hearing office, $18 processes the fines and $9.60 pays for officers to review the citations."

There are other costs associated with start up and expansion but when you take a look at the core costs of each citation, your immediate reaction is that the City is paying $57.25 per $100 ticket and only keeping $42.75. Hey that seems fair... right? Not really. You see at least $25.25 of the $57.25 actually goes to City departments, upping the City's take to 68 bucks and that's on a citation of $100. Remember those fines of $100, $250, $500, and the two year term for repeat offenses? There ends up being an awful lot of gravy or profit over and above the $68.

Let's review... We've established that the Imperial City (hat tip to Sen. Tim Jennings) makes a LOT of moolah (that's money Councilor Mayer) with the cameras. We've established most of it goes to the City. We've established that there are a large number of people who view the cameras with distrust, suspicion, and down right hatred. We've established that it's impossible to get a fair hearing. We've established that it's not at all about public safety or the Almighty One would be willing to continue the program even at a loss. (After all, the police department doesn't turn a profit.)

Now the real question after last night's Town Hall Meeting is: Councilors, Mayor Marty, were you listening?

----- UPDATE-----

Looks like great minds... well, you get the idea. The local blogs are a buzz over last night's Town Hall Festivities. Take a gander at these great minds!

Mario Burgos - MarioBurgos.com
The Wednesday Morning Quarterback - WednesdayMorningQB.com

Red Light Cameras: Show Trial

A show trial is a trial where the outcome is widely known and predetermined. The "trial" itself is just for the benefit of the audience. It's like watching 24... No matter how much trouble Jack gets into you know that he'll make it out alive and save the world in the process. We told you here, about the pressure being put on hearing officers not to dismiss Red Light Camera citations. You see, Marty needs the Money and these red light money makers make a lot of it, over $6 MILLION so far.

Our Eyes on the inside are telling us that in order to fulfill the directive from the Almighty Marty, the city is playing fast and loose with the law itself. The city has an obligation to provide a hearing for everyone who decides to contest the citation. The hearing must be held within 90 days of the Effective Date. Due to the gerrymandering of this ordinance by it's sponsor Craig Loy, the Effective Date is either defined as:

§ 7-11-3 DEFINITIONS.
EFFECTIVE DATE. The date a STOP fine is mailed [emphasis added] to the recipient by the contractor as indicated on the face of the STOP Fine.

-Or-

§ 7-11-5 ENFORCEMENT.
(H) Fine. The date of a violation is the effective date. [emphasis added] If the registered owner or nominee requested a hearing and did not prevail, the date of the violation is the effective date. The fine for the first violation for running a red light is $100. The fine for a second violation for running a red light within two years from the date of the first violation is $250. The fine for a third or subsequent violation for running a red light within two years from the date of the first violation is $500.

According to the ordinance, the latest deadline for the city to hold a hearing is 90 days from the mailing of the citation. Our Eyes tell us that the city is "interpreting" the ordinance in a number of creative ways in order to give them a little more time to hold the mandated hearing due to their... well, popularity. In a recent hearing, Roberto Albertorio, the replacement hearing officer for Albert Chavez who resigned rather than be terminated for dismissing citations, ruled that the "effective date" is actually the date that the request for hearing was received.

Now... we're not a lawyer (and don't play one on TV), and the ordinance Chapter 7, Section 11 of the Albuquerque Code of Ordinances gives two definitions for the Effective Date but unless our eyes are deceiving us, neither one of the definitions given have anything to do with the date that a request for hearing is received by the city. As an attorney, Mr. Albertorio should know this... unless he is being less than an impartial judge in the matter.

Call it crooked, call it corrupt, or call it what it is... a show trial.