HomeMy WebLinkAboutCC AG PKT 2014-06-09 #CTO: Honorable Mayor And City Council
THRU: Jill R. Ingram, City Manager
FROM: Joe Stilinovich, Chief of Police
SUBJECT: DRIVING UNDER THE INFLUENCE (DUI) COST
RECOVERY PROGRAM
That the City Council authorize the establishment of a DUI Cost Recovery
Program to allow the City to seek reimbursement from DUI drivers for revenue
expenditures as provided by Government Code 53150 through 53159.
Pursuant to California Government Code Section 53150, et seq., a cost recovery
program can be established to reimburse the City for the costs of apprehension
of all suspects who are charged in a court of law for Driving Under the Influence,
specifically Sections 23152, et seq. of the California Vehicle Code.
Key verbiage for agencies when initiating a cost recovery program is relegated to
the plain language of Government Code Section 53150 which states: any person
who is under the influence of an alcoholic beverage and/or any drug, whose
negligent operation of a motor vehicle, aircraft or boat causes any incident
resulting in an emergency response, is responsible, for the costs associated
with a public agency's emergency response to that incident
In California Highway Patrol v. Superior Court (2006) 135 CaLApp.4 th 488, 500,
504, the court held that based on Government Code Section 53150, "incident"
necessarily means something more than the negligent operation of a motor
vehicle, aircraft or boat while under the influence of an intoxicant. "Emergency
response" is defined for purposes of this section, as a police or fire department
action that results in the activation of emergency lights and/or siren.
The court held that the appropriate emergency response to an incident includes
the cost of providing police services at the scene, including the following:
Agenda Item — C
1) Computer-Aided Dispatch. Time expended for the processing of a DUI
arrest is obtained from the Computer-Aided Dispatch (CAD) system of the
Communications Center. Total time is calculated from the time of the
initial dispatch or vehicle stop, until the officer clears the assignment.
Calculations are made for all police personnel directly involved in all
aspects of the DUI arrest.
2) Laborato[y Fees. Any fees incurred by the City will be charged to the DUI
suspect.
3) Police and West Comm Hourly Rates. The total time expended for each
police department employee involved in the DUI incident shall be recorded
to the nearest minute on the DU cost report form.
4) Equipment. Vehicle operations costs, flares, and first-aid supplies shall
be billed as part of the DUI cost recovery program.
Reimbursement for time spent away from the scene by responding public agency
personnel is also attainable. The procedure for reimbursement is for the public
agency to bill the offending party for the costs of the services rendered up to
$12,000 per incident.
In terms of cost recovery for the City, an exact amount is difficult to estimate due
to the differing numbers of collisions annually caused by impaired drivers and the
significance level of each response. The potential for the City to offset the high
cost that is inherent with traffic accidents related to impaired drivers is
substantial.
There is no environmental impact.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form.
WIMN���
California Government Code Sections 53150 through 53159 provides the
authority by which the City of Seal Beach, as a public agency, can recover costs
associated with a police response to those incidents where an impaired driver
causes a traffic accident. The liability for expenses imposed under this section is
intended to be in addition to, and not in limitation of, any other liability, fines, or
fees that are imposed by law. The liability limit is established as $12,000 per
incident.
Page 2
In 2013, the City of Seal Beach incurred seven DUI with accident "incidents"
which encompassed a total of 32 hours of field time. Adoption of this program
would allow a process in which the City can recover the direct costs associated
with the Police Department's response to these incidents.
Calculations for a fee structure would be regulated to a per minute equation
which would take in account all emergency responders (salary and benefits per
year) along with auxiliary police personnel utilized for the processing of the
incident, the West Cities Communications (West Comm) cost for the dispatch
expenditure involved, and equipment expenses incurred.
Incidents which involve the STAR (Serious Traffic Accident Response) Team
activation would also be included and would allow significant recovery of
expenses incurred for those labor intensive investigations.
This protocol also includes any responses involving DUI /with accident boat
occurrences, which is always a potential for a beach city.
RECOMMENDATION:
That the City Council authorize the establishment of a DUI Cost Recovery
Program to allow the City to seek reimbursement from DUI drivers for revenue
expenditures as provided by Government Code 53150 through 53159.
SU ED BY: NOTED AND APPROVED:
1 L/
Joe Stilinovich, Chief of Police ill . Ingram, City n ger
Prepared by: Lt. Bob Mullins
Michele Hall /Records Supervisor
Attachments:
A. Sample Cost Recovery Worksheet
B. DUI Cost Recovery Form
Page 3
53150-53158
Case #:
Occurrence Date:
Defendant:
Home Address:
Work Address:
Home Phone:
Work Phone:
Cell Phone:
Field Unit(s):
calculated at $X.XX a minute
Officer:
Time:
Officer:
Time:
Officer:
Time:
Officer:
Time:
Officer:
Time:
Total:
Supervisor(s): calculated at $X.XX per '1/2hour increments
Name: Time: Total:
West-Comm dispatch: calculated at $X.XX per 1/2hour increments
Time: Total:
Total Cost.....
Seal Beach Police Department
TUI Emergency Response Cost Recovery Program
Date of Response:
Time of call:
Defendant's Name:
Defendant's Address
Home Phone: Work Phone:
Case No.
City:
Officers Involved Cost Per Minute Time Cost
1. Ofc. $ x
2. Ofc. $ x
3. Ofc. $ x
4. Cpl. $ x
5. Sgt. x
Total Personnel Costs:
Materials/Supplies
1. Flares Used X
2. Other Direct Costs
Explanation:
Total Material Costs:
TOTAL POLICE RESPONSE COSTS:
Type of Chemical Test Given (Circle one or more): Blood
Chemical Test Results:
Operations Division Commander: Date:
-Attach CAD Incident Report-
06/09/2014