PRESENT: Chairman: Darcy. Members: Oros, Donovan, Mosiello, Stewart-Cousins. Staff: Don Sandford, Deputy Clerk-BOL; George Gretsas, Program Specialist-BOL; Megan Perry, Correction Department.

ALSO PRESENT: Katherine Carsky, Legislator, District 17; Suzanne Swanson, Legislator, District 3; Dave McKay Wilson, Reporter, Gannett Newspaper.

The meeting was called to order at 11 o’clock in Chairman Oros’s office.

The members watched a video submitted by Legislator Carsky, documenting "photo enforcement" programs. The video showed clips from various news programs demonstrating the use of photo equipment to catch traffic violators. There are three versions; the first, red light camera; takes a picture of the car’s license plate as it passes a red light. The second, Trax-guard is basically the same, but takes a photo of the car and its license plate as cars slip through railroad barriers. The third, highway enforcement, enables photographing of highway speeders.

These programs are being tried in some areas as an alternative to highway patrols. A letter (Agenda Item D) from the Manager of Maricopa County’s Traffic Engineering Division in Phoenix Arizona, explains the use of photo radar within his County is increasing. Information from the American Traffic Systems and U.S. Public Technologies, also provides basic information on the two systems as well as the contract used by the City of Mesa.

Chairman Darcy said the program may be feasible for the County Police Department and prove to be an alternative to adding additional manpower and risk the elimination of already needed manpower.

Legislator Mosiello asked if this would be acceptable by a judge and be permissible evidence in court. He said when he was on the police force, he had to be very technical and specific when testifying in court for a speeding summons from a radar gun.

Legislator Donovan, as per experience, said a picture of your car’s license plate is sent along with the summons, which is undeniable and with speeding, there can be no objection, the proof is the photo. This can also modify behavior, a motorist will think twice when speeding or passing a red light.

Legislator Stewart-Cousins said that with the so many tickets issued, there can be a margin for error.

Mr. Mosiello said there are technicalities that can be questioned, i.e., can you stop someone driving 41 in a 40 MPH zone or, if two cars are at the same spot and one is speeding and the other is not, who gets the summons. Both legislators agreed there is a need to exercise expertise in judgment and discretion.

Legislator Darcy said there was behavior modification when the seat belt law took effect, this program may have the same result. Legal aspects and liability need to be reviewed and contracts can include a public awareness campaign. He will continue to explore additional information and ask the Public Safety Commissioner and a representative from the Administration to discuss the issue further.

The members agreed the program has merit, but had reservations with issues such as the technical and legal aspect of enforcement of the law. Liability was also an issue as well as the surcharge for moving violations. It was suggested that IMA’s be drawn to determine which municipality will receive the fees.

Chairman Darcy will gather additional information and thanked Legislator Carsky for her suggestions to this Committee. He will notify her of the next discussion.

With no further business to discuss, the meeting adjourned at 11:45 p.m. on the motion of Legislator Mosiello, seconded by Legislator Darcy.