Kevin And Don Respond To Being Self Loathing

Looking back at their journey from the Stonewall Democratic Club to Log Cabin Republicans, they claim it was one that was actually started by the democrats. After being told that marriage as not a priority on the agenda in 1995, they became disillusioned with the DEMS. For a decade they felt like they did not belong until they met the republicans of the Log Cabin Republican Club and discovered they too shared a dream of marriage equality. This blog is now a digital time capsule of their time as Republicans and moderated by a friend and supporter.

Tuesday, February 06, 2007

Separation of ENFORCEMENT and LEGISLATIVE functions

And the Shape of Things to Come…The Los Angeles Metropolitan Transportation Agency isn’t satisfied with the $1 million in fines it is collecting for infractions in its jurisdiction. It wants to set up its own court system and set its own fine levels for infractions committed by MTA riders. So the MTA would become not only the enforcement agency, but would determine guilt of the accused and collect all the fines it receives from its own convictions – all with the avowed objective of raising more money. Where’s the ACLU when you need them?
-Tom McClintock from the California Republic's blog.

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I'm a bit concerned and want to comment about the MTA playing the enforcement and legislative roles for fines and violations as noted by Mr. McClintock. Our elected officials should review the California Vehicle Code.

Section 40215(c)(4)(A) states that for parking violations the agency of issuance shall be a separate entity to conduct an impartial review or administrative hearing.

The code section noted clearly states "The issuing agency's governing body or chief executive officer shall appoint or contract with qualified hearing examiners or administrative hearing providers that employ qualified examiners to conduct administrative hearings. Examiners shall demonstrate those qualifications, training and objectivity necessary to conduct a fair and impartial review. An examiner shall not be employed, managed, or controlled by a person whose primary duties are parking enforcement, parking citation processing, collection or issuance. The examiner shall be separate and independent from the citation collection or processing function. An examiner's continued employment, performance evaluation, compensation, and benefits shall not, directly or indirectly be linked to the amount of fines collected by the hearing examiner".

Isn't it logical to apply the same process used for parking violations to keep the MTA's violations issuance and review processes separate, at least for an individual to feel the violation was reviewed in an objective and impartial manner?
- by
Don Norte, 02-06-2007.