By Doug Keeler
Taft Midway Driller
Posted Jun 01, 2011 @ 11:54 AM
Last update Jun 01, 2011 @ 07:20 PM
Taft, Calif. — Maricopa, the Kern County Grand Jury charged, has a policy of towing and impounding cars that has financial benefits for the city under an “improper, unsigned” exclusive agreement with one tow company.
The Grand Jury issued a harshly worded report Wednesday that said Maricopa and its police department should invalidate the agreement and review the policy that is filling the city's impound yard with cars.
It also said the investigation into the impound yard and impound policy should be followed up by local state and federal law enforcement agencies.
The grand jury report blasted the city for its agreement with one unnamed towing company that has apparently never been approved by the City Council.
The agreement, which was reached after conversations that started in May 2010 after the the 2008-09 Grand Jury said the city should establish its own impound yard.
(Those talks took place when Bob Wilburn was city manager. He has since left and was replaced by Dan Ayala, whos was placed on administrative leave by the cty council several weeks ago.)
The report said that Maricopa has the highest impound fees in the county and that 25 percent of impound and lien sales of the cars goes to the city.
(The California Vehicle Code, the grand jury report said, allows city to recover the cost of towing and storing vehicles).
The report made numerous charges of impropriety, including:
•Enforcement of the impound policy appears to intend the maximization of impound fees and the fees may approach or exceed the value of the vehicle.
•The impound policy has financial benefits for the City and employees on its payroll.
•Many owners of impounded vehicles were unable to pay the impound costs and were overwhelmingly Hispanic.
Here is the complete text of the report:
MARICOPA POLICE DEPARTMENT VEHICLE
IMPOUND POLICY AND PRACTICES
PREFACE:
Much media attention has been given to the impound policy and practices of the City of Maricopa and its Police Department. This report comes after extensive investigation and consultation as will be outlined. The actions of the Maricopa Police Department, as publicly stated by its Chief, are authorized by the California Vehicle Code. These actions are not mainstream police practices in Kern County and may be in violation of other California or Federal Codes. The development and implementation of the policy was not at the specific direction of the Maricopa City Council but rather resulted from an unwritten agreement between the City Administrator and a tow company owner. This agreement contained unusual financial benefits for the City of Maricopa.
PURPOSE OF INQUIRY:
The 2010-2011 Kern County Grand Jury received a complaint about the impound policy and practices of the Maricopa Police Department (MPD) and assigned the complaint to the Cities and Joint Powers Committee (Committee). The Committee conducted an investigation pursuant to Penal Code §925a.
PROCESS:
The Committee interviewed the MPD Chief, Maricopa City Administrator, other city officials, city council members, the tow company owner, heads of other Kern County police departments, the California Highway Patrol, the Kern County Sheriff’s Department, owner of the property where the Maricopa impound yard is located and the complainant. California Codes were researched and the County Counsel of Kern County was consulted.
BACKGROUND:
The 2008-2009 Kern County Grand Jury recommended that the City of Maricopa establish an impound yard within the city.
The City of Maricopa came into existence in the second decade of the Twentieth Century during the “Oil Boom” of the west side of Kern County. At one time the City had a population reputed to be over 20,000. In the 2010 United States Census the population is reported as 1,154. The City has become a “bedroom community” with little commercial activity and, as a result, receives very little sales tax revenue or other revenues associated with commercial activity. The City is in debt and its financial status is precarious.
As reported by the towing company owner and confirmed by the Maricopa City Administrator, in May of 2010 conversations began that led to an agreement whereby the tow company owner established an impound yard in Maricopa and became the exclusive tow operator for Maricopa. The Chief of the MPD was included in or privy to these conversations. The agreement contained an unusual feature giving the City 25% of all impound fees and proceeds from lien sales of unclaimed vehicles. No minutes of Maricopa City Council include approval of the agreement.
FACTS:
An unsigned, unapproved agreement granted a single tow company exclusive rights to MPD tows and impounds.
The agreement includes a provision giving the City 25% of the proceeds of impounds and lien sales of unclaimed vehicles.
The California Vehicle Code (VC) permits a city to charge an impound release fee based on actual administrative costs.
The MPD impound release fee of $150 is the highest in Kern County. The Chief stated the fee was much lower than that of departments in the Los Angeles area.
Two California Highways (33 and 166) pass through Maricopa City limits.
Most impounded vehicles were registered to non residents of Maricopa or the surrounding area.
The probable cause for traffic stops leading to impoundment were often for minor, technical VC violations (cracked windshield, missing front license plate, unilluminated rear license plate, etc.).
FINDINGS:
The agreement mentioned in Fact A is improper.
As the MPD is largely staffed by voluntary reserve officers, MPD administrative costs should be low and the impound release fee should not be the highest in Kern County.
Enforcement of the impound policy appears to intend the maximization of impound fees and the fees may approach or exceed the value of the vehicle.
The impound policy has financial benefits for the City and employees on its payroll.
Many owners of impounded vehicles were unable to pay the impound costs and were overwhelmingly Hispanic.
COMMENTS:
The Kern County Grand Jury suggests that this report be forwarded to appropriate County, State and Federal Agencies.
RECOMMENDATIONS:
The City Council of Maricopa should invalidate the unsigned, unapproved towing agreement and give clear direction to the MPD as to duties.
The City of Maricopa should post a copy of this report where it will be available for public review.
Note: Present and past Kern County Grand Jury Final Reports and Responses can be accessed the kern County law Library and on the Kern County grand jury website: www.co.kern.ca.us/grandjury.
Persons wishing to receive an email notification of newly released reports may sign up at www.co.kern.ca.us/grandjury, click on: Sign up for early releases.
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