City of Holtville Officials and Police Department (Low-Speed Vehicles)

F1 Page 63

Prior to the investigation, owners of golf carts had registered their carts with the California Department of Motor Vehicles (DMV) which issued them license plates and registration stickers. The golf cart owners believed that with proper DMV documentation, they could drive their carts around the city legally. Holtville police and the California Highway Patrol (CHP) have stopped and issued traffic tickets to golf cart drivers and informed them that it is illegal to drive “low speed vehicles” on city streets and that the carts in question do not meet the standards set forth in Title 49 of the Federal Motor Vehicle Safety Regulations 571.5 et seq. under “Low-speed Vehicles”1. The golf cart drivers complained to the City Manager to correct the problem.

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In a telephone interview, the DMV Chief Supervisor stated that untrained employees in her department had issued golf cart registrations in error. She also indicated that this is a statewide problem, not only in Holtville. The DMV main office in Sacramento is working on a solution that will identify golf cart owners who have registered their golf carts, and to inform them that they will not be allowed to renew their registrations.

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The CHP is aware of the DMV’s error and has visited the local DMV to train employees on the vehicle codes. The DMV’s error does not prevent the CHP or Holtville Police Department from enforcing California traffic laws concerning “low speed vehicles”.

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Holtville’s Mayor stated that she was not aware of the golf cart problem or issues concerning their use on city streets.

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The Holtville City Manager was very aware of the golf cart issue, but did not mention it to the Mayor. A city council member expressed concern that residents around town, mainly golf carts owners, were told that they could not drive their golf carts around town. He asked the City Manager to look into this issue. The City Manager did some investigation on her own and learned that some of the golf cart owners had gone to the DMV where they had their carts registered and were issued license plates. The owners of the golf carts believed that having their carts registered meant that they could drive on city streets legally. After registering and licensing their carts, owners/drivers were being stopped by the CHP or city police and receiving either verbal warnings and/or traffic violation citations. Because golf cart owners were frustrated that they could not drive their DMV registered and licensed vehicles on city streets, they appealed to the City Manager to resolve the situation.

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The City Manager expressed frustration with the DMV issuing plates and tags, because it essentially conveys to golf cart owners that it is permissible to drive their carts on city streets under 25 miles per hour, while law enforcement is saying it is not. With this in mind, the City Manager instructed the Chief of Police not to ticket persons driving golf carts on the streets of Holtville. Her instructions were emphasized to the Chief of Police by threatening job termination if he or any one of his officers stopped or issued tickets to any drivers of golf carts. She ordered the Police Department via email, to “overlook the golf cart issue” and to concentrate on more serious crimes around the city. In an email 1 See Code of Federal Regulations current as of 03AUG07, Title 49: sec 571.500 50 to the Chief of Police, she stated, “You are directed to not issue citations on this state law”2. She also stated in an interview, “Until the DMV and the Department of Transportation (DOT) get this matter resolved; the Police Department should refrain from issuing tickets to licensed golf carts drivers.” She wanted the DMV to deal with the golf cart issue not the City of Holtville.

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Interviews suggest that Holtville Police Department morale is at an all-time low. Officers complain that City Manager is telling them the laws they can and cannot enforce. Officers express concern that the City Manager has tried to dissolve the city police force many times since taking office by having the Imperial County Sheriff’s Department take over policing responsibilities in Holtville. The most recent attempt was in July 2007, when she had a meeting with the Imperial County Sheriff. The City Manager stated to the Sheriff “she has concerns with the performance of her police force and wants it dissolved”. The Sheriff stated to her, that, “the Sheriff’s Department can’t cover the city of Holtville due to man- power issues with his department”. The Sheriff said, “He would table this issue for a year”.

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Police officers stated that, “they want to do their jobs as trained in law enforcement”3. They know the law and want to enforce the law pertaining to golf carts, just as they do other laws. They want to treat all people fairly, without regard to economic background and the political influence that golf cart drivers appear to have over City Hall. Apparently, some golf cart owners stopped for violations have been quoted as saying, “Write that ticket and see what the City Manager does” or “do it and you’ll see”. Statements like these, officers maintain, put police officers in precarious and difficult to manage situations.

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Interviews revealed that the Holtville Police Department invited the local CHP Commander to speak at the June 2007 Holtville City Council meeting (open forum) to educate the members about the issue concerning low-speed vehicles. The City Manager went to the meeting location and encountered a group of officers standing in front of City Hall who were waiting for the meeting to begin. Thereupon, she informed the CHP Commander and the police officers that they were not allowed to attend or to speak at the meeting4. The City Manager told the CHP Commander, “You’re not running my city”. Three people from two separate agencies corroborated the incident. Holtville police officers feel that the City Manager in particular, is putting them in an awkward situation by having the golf cart violations go unchecked. If they do enforce these violations around the city, they fear their jobs and livelihood will be in jeopardy as stated by the City Manager.

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City officials not mentioned above, who were interviewed, indicated not to be aware of details or information concerning the golf cart issue other than seeing golf carts being driven around city streets. Email between City Manager and Police Chief, Monday June 11, 2007 @ 0943 3 See City of Holtville Job Description “Police Officer” 4 Verbal confirmation during committees’ face-to-face and telephone interviews. 51

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Hispanic officers complain they have not been treated fairly by the city manager’s office in the promotion and hiring process.

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Officers expressed concern about a possible conflict of interest in the City Manager serving as both city manager and personnel manager (see Municipal Code section 2.28.030).

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Given the experience with the golf cart issue, police department officials are concerned about the objectivity of pending contract negotiations between Holtville police officers and the City of Holtville. CONCLUSIONS

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Golf Carts cannot be driven on city streets.

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The golf cart issue has created much frustration among Holtville city officials, police officers, and residents, particularly golf cart owners. Much of this frustration is due to the contradiction between the California DMV’s actions of registering and licensing golf carts for use on public streets, and the federal and state vehicle codes governing the use of vehicles on public streets. The factors that led to this situation are unfortunate, but understandable. The California DMV appears to be taking steps to remedy the problem.

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At a minimum, the Holtville City Manager has contributed greatly to the frustration experienced by law enforcement officials seeking to execute their duties in a lawful manner. Beyond this, however, it appears she may have created a difficult, if not hostile, work environment by ordering Holtville police officers not to enforce valid laws and threatening them with job termination if they did so. The City Manager efforts to prevent the California Highway Patrol from attending a public meeting are also of serious concern, and raise questions about the best interests of the community and violations of laws pertaining to public meetings.

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Importantly, the City Manager’s explicit orders to Holtville police officers that they not enforce valid vehicle code may increase the risk and legal liability for the city and its taxpayers should accidents arise involving the use of golf carts on Holtville public streets.

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Sworn testimony from interviewees indicates that the City Manager has a very tight grip on every aspect of city government in Holtville, dominating the way the city is run in all departments and censoring out information to the Mayor and/or City Council on issues of importance to the city’s residents. 52

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Golf Carts cannot be driven on city streets.

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The golf cart issue has created much frustration among Holtville city officials, police officers, and residents, particularly golf cart owners. Much of this frustration is due to the contradiction between the California DMV’s actions of registering and licensing golf carts for use on public streets, and the federal and state vehicle codes governing the use of vehicles on public streets. The factors that led to this situation are unfortunate, but understandable. The California DMV appears to be taking steps to remedy the problem.

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At a minimum, the Holtville City Manager has contributed greatly to the frustration experienced by law enforcement officials seeking to execute their duties in a lawful manner. Beyond this, however, it appears she may have created a difficult, if not hostile, work environment by ordering Holtville police officers not to enforce valid laws and threatening them with job termination if they did so. The City Manager efforts to prevent the California Highway Patrol from attending a public meeting are also of serious concern, and raise questions about the best interests of the community and violations of laws pertaining to public meetings.

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Importantly, the City Manager’s explicit orders to Holtville police officers that they not enforce valid vehicle code may increase the risk and legal liability for the city and its taxpayers should accidents arise involving the use of golf carts on Holtville public streets.

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Sworn testimony from interviewees indicates that the City Manager has a very tight grip on every aspect of city government in Holtville, dominating the way the city is run in all departments and censoring out information to the Mayor and/or City Council on issues of importance to the city’s residents. 52

City of Holtville Officials and Police Department (Low-Speed Vehicles)

Findings 23 findings

Recommendations 3