Item Coversheet

NEW BUSINESS  17.

COMMITTEE MEMORANDUM

TO: Public Safety and Neighborhood Quality of Life Committee Members


FROM:
Alina T. Hudak, City Manager


DATE: June 21, 2023


SUBJECT:

DISCUSS THE MERITS AND FEASIBILITY OF REQUIRING THAT ALL BEACH AND TREMONT TOW TRUCK OPERATIONS UTILIZE BODY-WORN CAMERAS FOR TOWS INITIATED WITHIN THE CITY


HISTORY:

At the April 28, 2023 City Commission meeting, the Mayor and Commission approved a referral item, sponsored by Commissioner Meiner, to the Public Safety and Neighborhood Quality of Life Committee to discuss the merits and feasibility of requiring that all Beach Towing Services, Inc. (Beach Towing) and Tremont Towing, Inc. (Tremont Towing) towing operators be equipped with and use body-worn cameras (BWC) for all tows initiated within the city.

On June 22, 2022, the City issued towing permits to Beach Towing and Tremont Towing. The permits commenced on August 1, 2022 and have a three (3)-year term with a renewal option for an additional period of three (3) years, subject to approval by the Mayor and City Commission. In the process of developing the permit, the use of BWC was contemplated. At that time, only Tremont Towing was using BWC as part of its operations. Although discussed during permit negotiations, the permits do not include a BWC requirement. Currently, neither company uses BWC. Both companies have cited cost as the reason they do not have BWC as part of its operations.

Recently, concerns have been raised over activities occurring once a vehicle is in route to the tow yard. These concerns were exacerbated by cell phone footage submitted by a customer, which seemingly/allegedly revealed a tow truck driver stopping and entering a vehicle during the towing process.

ANALYSIS

Parking Enforcement Officers carry BWC which are used, among other purposes, to document tows initiated by the City. The footage captures the operation while the vehicle is being hooked to the towing vehicle and removed, and does not capture the entirety of the journey from the point of removal to the tow yard, as officers return to their regular enforcement duties after removal of the vehicle. .
 
The attorney representing both towing companies provided feedback on the use of BWC by tow truck drivers as summarized below:
 
There is no opposition to the cameras except for the prohibitive cost of the equipment, system maintenance, and storage of recordings.
BWC are not the solution, as the cameras can simply be turned off to avoid the theft being recorded. 
The best protection against bad conduct is rigorous hiring practices, including background checks and constant supervision of employees. 
The justification for BWC is to record interaction with customers.  As drivers have very limited interaction with customers, the cost of a BWC program could not be justified.  
 
There were extensive negotiations prior to establishing current towing rates and the issuance of the existing permits. Previously, towing companies had a “menu” of charges ranging from mileage, to use of dollies and after-hours charges that were added to a basic tow charge. To address recurrent complaints of overcharging for services not provided, a flat towing rate was established. While there may still be additional charges, such as for storage, the flat rate encompasses charges for the actual tow. 
 
Towing companies have noted that current tow rates do not allow them to assume the added costs of a BWC program and concluded that such a program would require an increase in towing charges to pay for the added expenses to their operation. While a BWC requirement may serve to deter or mitigate inappropriate or unlawful activity on the part of tow truck drivers, any requirement to include BWC for permitted towing operators may impact future negotiations including, but not limited to, matters related to towing rates.

CONCLUSION:

The Administration recommends that the Public Safety and Neighborhood Quality of Life Committee discuss the subject item and, if there is consensus to implement a BWC requirement, provide a recommendation to the City Commission.


Applicable Area

Citywide
Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? Does this item utilize G.O. Bond Funds?
Yes No 
ATTACHMENTS:
DescriptionType
Referral Memo Memo