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RESOLUTION 2017-02

RESOLUTION NO. 2017-02

 A RESOLUTION AMENDING SECTION 33 OF THE  JOHNSON POLICE DEPARTMENT POLICY & STANDARD OPERATING PROCEDURE MANUAL TO ADOPT POLICIES AND PROCEDURES FOR  DEPARTMENT  USE OF ELECTRONIC CITATIONS.

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JOHNSON, ARKANSAS:

Section 1: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended by deleting the text of subparagraph a. (2) under 'Procedures' in its entirety and replacing it with the following:

"(2) The Johnson Police Department has entered into an agreement to obtain hardware and licenses to utilize software to allow the department to issue and process citations electronically. As used in this Section EC shall mean electronic citation (and the processing of that citation electronically) and UTT shall mean Arkansas Uniform Traffic Ticket and Complaint. Either an EC or a UTT should be issued to a violator who jeopardizes the safe and efficient flow of vehicular and/or pedestrian traffic, including hazardous moving violations or operating unsafe and improperly equipped vehicles. The EC or UTT may also be issued for non-moving violations, however, officers will evaluate the circumstances of each offense and use discretion in deciding whether to issue a warning or either an EC ora UTT.

The Chief of Police, or his/her designee, shall periodically review all aspects of the EC and UTT process to ensure that the Johnson Police Department is in full compliance with ACA Sec. 16-10-205 and in full compliance with the Information Systems Best Practices Checklist provided by the Legislative Joint Auditing Committee."

Section 2: Section 33 of the Johnson Police Department Policy and Standard Operating Procedure is hereby amended by adding the following 4th paragraph under paragraph a. under 'Procedures'  as follows:

"(4) It is the responsibility of the officer issuing an EC or a UTT and his/her supervisor to insure that copies (electronic or paper) of all field notes or records (potential Brady material) made by the Officer shall be provided to the Court Clerk for inclusion in the case file."

 

Section 3: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended by deleting in its entirety the text of paragraph c. under 'Procedures' and replacing it with the following:

"Information RE Traffic Summons (EC or UTT): The EC or UTT will be completed whenever a motorist is to be charged with a motor vehicle violation and the motorist will be told the following:

  1. I) Court appearance schedule (date, time and place);
  • 2) Whether court appearance by the motorist is mandatory;
  • 3) Whether the motorist may be allowed to plead guilty and prepay the fine/cost prior to court;
  • 4) Any other necessary information prior to the release of the ''

Section 4: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure Manual is hereby amended by deleting in it entirety the text of subparagraph d. (5) under 'Procedures' and replacing it with the following:

"Multiple Violations. Either an EC or a UTT can be issued for each violation, however, the more flagrant violation is generally cited and a warning issued for the remainder."

Section 5: Section 33 is hereby amended by deleting in its entirety the text of sub- paragraph j. (1) under 'Procedures' and replacing it with the following:

"Either an EC or a UTT may be issued when an officer has stopped a vehicle and identified the driver as driving with a revoked or suspended operator's license. We arrest for driving on suspended for DWI, we cite for driving on suspended for administrative reasons."

Section 6: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to subparagraph k.(2)(g) under 'Procedures' by deleting the words "Municipal Court" and replacing those words with the following:

"Johnson Department of the Washington County District Court:'

 Section 7: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to the first subparagraph identified as m.(6){e) under 'Procedures'

 by deleting the words/numbers "on the Court date (ACA 5-65-205)" and replacing those words/numbers with the following:

" ... as provided  in ACA 5-65-402."

Section 8: Section 33 of the Johnson Police Department Policy & Standard Operating Procedure is hereby amended as to the second  paragraph  identified as m.(6)(e) under 'Procedures' by  renaming that subparagraph "m.(6)(f)".

Section 9: In all other respects, the Johnson Police Department Policy  &  Standard Operating Procedure Manual  is not amended or  modified  and  is hereby ratified and confinned.

 

PASSED AND APPROVED this        day of                                        ,2017.

APPROVED:

 CHRIS  KEENEY, Mayor

 

ATTEST: JENNIFER  ALLEN, Recorder-Treasurer