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<br />Memorandum <br />MOUNDS VIEW POLICE DEPARTMENT <br /> <br />. <br /> <br />Date: <br /> <br />12-6-05 <br /> <br /> <br />To: <br /> <br />Kurt Ulrich, City Administrator <br /> <br />From: <br /> <br />Police Chief Mike Sommer <br /> <br />Re: <br /> <br />Administrative Offenses <br /> <br />e <br /> <br />This memo is to review our use of administrative offense citations and discuss the issues associated <br />with their use. The administrative offense is typically a petty misdemeanor level offense for which <br />the city imposes a fine. Using the administrative offenses for these types of offenses has becn <br />referred to as "warnings with a consequence." Prior to the administrative oflense option many of <br />these lesser offenses were dealt with by a warning from the police officer. Having the <br />administrative offense option gives the police a level of eonsequence between nothing (warnings) <br />and getting hit with a large fine. The fine imposed for thc usc of an administrative offense is <br />significantly less then a fine that would be imposed with the corresponding state citation for the <br />same offense. For example, with a state citation, speeding by traveling 35 miles an hour in a 30 <br />mph zonc carries a fine of$1 05, while the city administrative offense carnes a fine of$40 for the <br />same violation. Police Officers have been concerned about the financial impact the large fine <br />associated with the state citation would have on residents and have shown some reluctance to issue <br />such citations. Many people working for minimum or minimal wages cannot afford a $] 05 fine. <br /> <br />We regularly here how congested our court system is. Administrative citations have removed many <br />minor offenses from that system freeing court staff for more serious cases. The administrative <br />citation does not go on one's driving record and opponents have argued this gives an inaccurate <br />picture of one's true driving record. I would point out that verbal and written warnings do not go on <br />one driving records either. Opponents have accused cities of using administrative offenses to raise <br />revenue. Citations are not moneymakers for cities, whether they are administrative or court <br />citations. They do not pay the cost of the officer's time, the records clerk's time, the prosecutor's <br />costs or equipment costs involved in issuing the citation. Opinions from the state auditor and the <br />attorney general's office suggest that cities and towns do not have the authority to enact ordinances <br />to allow for administrative citations. This issue may ultimately be resolved by Ihe Legislature. The <br />Minnesota Chiefs of Police Association recommends that the Legislature resolve this issue by <br />enacting legislation to give clear authority to local units of government to pa~s ordinances allowing <br />law enforcement to use administrative citations. To date, although there have been a number of <br />legislative bills proposed which either prohibited or allowed administrative citations, none have <br />passed. The City of Mounds view currently uses administrative citations for the following offenses: <br /> <br /> 1. Speeding 5 No Parking 2 A.m.- 7. Snowbird Parking <br />- 2. Semaphore 6A.m. 8. Truck Parking <br />3. Stop Sign 6. Fire LaneIHydrant 9. Handicapped <br /> 4. Illegal Lane lJ se Parking Parking <br />