an Issue in Farmersville
By Steve Pastis
Farmersville - The Farmersville City Council is planning to evaluate the performance of one or more of its traffic officers in closed session over what some are saying is a problem with vehicles being impounded by police when drivers are not able to produce a vehicle registration or a driver's license.
“We've been getting some complaints,”
said Mayor Leonel Benavides. “Some drivers are complaining that
cars are being taken away because of expired licenses or no registration.
Some come to me; some come to other council members.”
“We have heard from businesses that are concerned about cars that
are being stopped,” said Councilmember Paul Boyer. “They feel
that it's affecting their businesses.”
Some people have been driving in the city without licenses or registration, and have had their cars impounded. There has been a perception that the traffic stops have targeted Hispanics, some say.
“I don't think there is any discrimination, but with 80-plus percent being Hispanic, it means whatever law enforcement will do affects them more, but I have heard complaints from non-Hispanics too,” said Boyer. “I'm hoping that there are ways we can have our police force comply with state law, but where there's discretion – where people won't lose their jobs because they lost their vehicles.”
Farmersville Police Chief Mario Krstic said he has received no formal complaints about his traffic officers or how they enforce traffic laws. “Certainly, they enforce traffic laws,” he said. “That's what they are there for.”
Krstic said that traffic officers have some discretion on how to handle first offenses, such as when a driver cannot produce a valid registration or driver's license. “What state law then says, if it's someone who has done this habitually, then you have the authority to do an impound for 30 days,” he added.
If a car is impounded, it can be very expensive for the owner to get the vehicle back. On top of the fine, there are towing and storage costs that get into hundreds of dollars.
Closed Session?
This would be the council's second
attempt to discuss the matter privately.
The council's July 27 meeting agenda included a closed session item to
“hear complaints or charges against a public employee,” but
that item was pulled, following questioning of city officials by the Valley
Voice. The matter will instead be on the agenda for the next meeting as
a closed session item, listed as: “Consider personnel evaluation
[police department: traffic officer(s)/traffic stops],” according
to City Manager Rene Miller.
“I put it in the agenda because I think it is something that needs to be looked at,” said Benavides, who then explained why the issue is to be a closed session item. “You don't want to be talking in public when we're really just checking out some complaints.”
He added that “there have been no accusations of wrongdoing.” His goal is “just to know that our officers are doing their job with all their capacity, and doing it well,” he said.
The issue raised by the Voice is about
what business the Brown Act allows an elected body to conduct in closed
session. City Attorney Michael Farley said that the Brown Act does not
apply to the city's planned evaluation of its traffic officers.
“The Brown Act only speaks to complaints about an employee,”
he said. “The council always has the right to do personnel evaluations
in closed session… when there is no complaint.”
Miller said that she has not received any formal complaints, written or by phone about the city's traffic officers. “This is an evaluation of employees,” said Miller, adding that evaluations are not public.
No members of the public will be present during the closed session. The city council, city attorney, city manager and police chief will be the only ones in attendance, according to Miller. The traffic cop(s) will not be present and not be named, according to Farley.
“It's not a specific employee,” said Benavides. “We don't have any names.” He said that the city is looking “to go in with caution. Just in case something comes up, we don't want to embarrass anybody.”
The evaluation will be a closed session item, based on the ruling in Furtado vs. Sierra Community College (1998), said Miller.
In that court case, Debra Ann Furtado, a contract employee working as a librarian at the school's Rocklin campus, contended the district's board of trustees violated the Brown Act by meeting in closed session and voting not to renew her contract. She lost her case.
“Definitely, Furtado vs. Sierra Community College does not apply in this case,” Jim Ewert, the California Newspaper Publishers Association's expert on open meeting law, told the Voice. He noted that Furtado was specified in the case, and she was an independent contractor – not an employee.
Ewert said that to go into closed session, a city council has to be looking at a specific employee or employees. He added that the city council definitely cannot discuss or establish policy in closed session. He called what the Farmersville City Council is planning a violation of the state's open meeting law.
Ewert said that to go into closed session, a city council has to be looking at a specific employee or employees. He added that the city council definitely cannot discuss or establish policy in closed session. He called what the Farmersville City Council is planning a violation of the state's open meeting law.
The above story is the property
of The Valley Voice Newspaper and may not be reprinted without explicit
permission in writing from the publisher.