HomeMy WebLinkAboutItem 8.4 Rev DUI Program CITY CLERK
File # 580-20
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: JULY 15, 2003
SUBJECT: Revision to Driving Under the Influence Emergency
Response Cost Recovery Program
(Report prepared by John Bakker, City Attorney's Office)
ATTACHMENTS: Resolution revising procedures for implementation of
the Driving Under the Influence Emergency Response
Cost Recovery Program
RECOMMENDATION: ~_.Yv~dopt resolution
FINANCIAL STATEMENT: There would be no cost to the City
DESCRIPTION:
In 1989, the City adopted Resolution No. 116-89 in which it adopted a Driving Under the Influence
Emergency Cost Recovery Program ("the Program") in accordance with Sections 53150-53158 of the
California Government Code. Those Government Code provisions permit cities to seek reimbursement of
emergency response costs from any person whose negligent operation of a motor vehicle while under the
influence of alcoholic beverage or drug proximately causes any incident resulting in emergency response by
police, fire and other city personnel. The Program defines "incident" for the purposes of Government Code
sections 53150-53158 to include both accidents caused by and hazardous moving violations engaged in by a
DUI driver.
In May of 2002, the City received a claim under the Tort Claims Act seeking refunds of DUI Emergency
Responses Costs paid by persons that Were not involved in vehicular accidents. The claim e£fectively
challenged that portion of the City's policy under Resolution No. 116-89 that allowed billing for emergency
response costs where the "incident" supporting the imposition of the costs was a hazardous moving violation
caused by the DUI driver or otherwise did not involve an accident. On June 18, 2002, in response to the claim
and to avoid litigation and potential for refunds, City staff began billing DUI Emergency Response Costs only
when the "incident" was an accident caused by actions of a DUI driver. The City staff has adhered to this
policy at all times since June 18, 2002. On August 16, 2002, the claimant served a class-action lawsuit on the
City on behalf of himself and all others similarly situated seeking refunds of DUI Emergency Response Costs
the class members paid. The class action lawsuit also names approximately 20 other California local agencies.
The litigation is proceeding in Alameda Superior Court.
COPIES TO. ITEM NO. ~ 4
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The attached resolution would formalize and ratify the City's current billing practices under the Program. It
also includes a revision that will allow the City to bill for all costs associated with "appropriate emergency
responses" to an incident. Previously, "appropriate emergency responses" were limited to incidents involving
the use of emergency equipment by police and fire personnel.
Recommendation:
Staff recommends that the Council adopt the resolution.
RESOLUTION NO. xx - 03
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
REVISING PROCEDURES FOR IMPLEMENTATION OF THE DRIVING UNDER THE
INFLUENCE EMERGENCY RESPONSE COST RECOVERY PROGRAM
WHEREAS, it is the policy of the City of Dublin to discourage the operation of motor vehicles
while under the influence of alcohol and/or drugs, and otherwise to encourage careful and responsible
conduct by persons operating motor vehicles; and
WHEREAS, negligent driving under the influence of alcohol and/or drugs is intentional wrongful
conduct; and
WHEREAS, intentional wrongful conduct by persons operating motor vehicles impose a burden
on City services above and beyond regular services required for traffic law enforcement; and
WHEREAS, persons who willfully conduct themselves in a manner which imposes an
extraordinary burden on the public should bear a share of that burden; and
WHEREAS, in 1989, the City adopted Resolution No. 116-89 in which it implemented a Driving
Under the Influence Emergency Cost Recovery Program ("the Program") in accordance with Sections
53150-53158 of the California Government Code, which provides for the reimbursement of
emergency response cost against: any persons whose negligent operation of a motor vehicle while
under the influence of alcoholic beverage or drug proximately causes any incident resulting in
emergency response by police, fire, and other city personnel; and
WHEREAS, the Program defines "incident" for the purposes of Government Code sections
53150-53158 to include both accidents caused by and hazardous moving violations engaged in by a
DUI driver; and
WHEREAS, in May of 2002, the City received a claim under the Tort Claims Act seeking refunds
of DUI Emergency Responses Costs paid by persons that were not involved in vehicular accidents.
The claim effectively challenged that portion of the City's policy under Resolution No. 116-89 that
allowed billing for emergency response costs where the "incident" supporting the imposition of the
costs was a hazardous moving violation caused by the DUI driver or otherwise did not involve an
accident; and
WHEREAS, at all times since June 18, 2002, in response to the claim and to avoid additional
litigation and potential for refunds, City staff has billed DUI Emergency Response Costs only when
the "incident" was an accident caused by actions of a DUI driver; and
WHEREAS, on August 16, 2002, the claimant served a class-action lawsuit on the City on behalf
of himself and all others similarly situated seeking refunds of DUI Emergency Response Costs the
class members paid. The class action lawsuit also names approximately 20 other California local
agencies; and
ATTACHMENT
WHEREAS, the Council desires to formalize and ratify the City's current billing practices under
the Program by adopting revised Procedures for the Implementation of the Driving Under the
Influence Emergency Response Cost Recovery Program; amd
WHEREAS, the Council again finds that the program is of the utmost importance to the
promotion of the general welfare and safety of the people of the City of Dublin because it is designed
and intended to encourage safe driving by requiring offenders to reimburse the City for part of the cost
of responding to incidents caused by their negligent and intentional wrongful conduct.
NOW, THEREFORE, the City Council of the City of Dublin does resolve as follows:
Section 1. Resolution No. 116-89 is hereby repealed.
Section 2. The following procedures and regulations shall constitute the Program:
A. A motorist arrested for driving under the influence of alcohol and/or drugs (DUI) will be
billed for the direct costs of rendering service if all of the following criteria are met:
1. Under the influence of an alcoholic beverage or any drag
i. Objective symptoms are observed by a sworn officer.
ii. Chemical tests show the drive was above the legal limit of 0.08 percent, or tested
positive for drugs, or refused to submit to a chemical test.
2. Negligently operated a motor vehicle resulting in:
i. An accident involving the DUI driver.
3. Proximately caused any incident:
i. An accident caused by action of the DUI driver.
4. Appropriate emergency response.
B. A motorist arrested for other criminal acts resulting from intentionally wrongful conduct
while operating a motor vehicle will be billed if any one of the following criteria are met:
1. He/She conducted him/herself in a manner intended to injure another person or property.
2. He/She evaded arrest where there was conduct intended to injure another or property.
3. He/she attempts to ram or rams police vehicle(s) or property.
C. The City may bill motorist only for the direct costs to the City of the emergency response,
i.e. costs of repairing or replacing City property damaged or destroyed; hourly salary and
fringe benefit costs of the police or other personnel who directly respond to the incident;
and emergency vehicle costs.
D. The City will treat the emergency response costs as a civil debt collectible by City in the
same manner as a contract obligation. Thus, prior to billing City need not await a criminal
conviction regarding the incident at issue. However, should the motorist be found not
guilty in a criminal trial regarding the incident at issue, the City will refund any emergency
response costs paid by the motorist upon the motorist's presentation of satisfactory proof
of the verdict.
PASSED AND APPROVED BY the City Council of the City of Dublin on this 15th day of July 2003,
by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
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