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The Honolulu Advertiser
Posted on: Thursday, May 13, 2004

Council approves traffic ticket plan

By Johnny Brannon
Advertiser Staff Writer

The City Council agreed yesterday to give police new powers to issue administrative fines instead of regular traffic tickets, and to put two downtown properties up for sale to help balance next year's city budget.

The council also approved raises for nearly 3,000 white-collar city employees, and overturned the veto of a bill that restricts how city property is sold.

The ticket plan — which police and prosecutors say could be hard to implement and may be stalled by legal disputes — allows officers to issue motorists city citations carrying fines that are $10 less than conventional tickets for the same nonfelony driving offenses, such as speeding or running a red light.

If the city fine is paid without protest, the motorist would have no traffic violation on their driving record. Parking violations would be handled the same way. Police would retain the authority to arrest motorists for serious violations.

The goal is for the city to recoup more of the cost of police services, according to Councilman Charles Djou, who sponsored the legislation.

Police costs are paid out of the city's budget, but ticket revenue goes to the state, and disputed tickets are enforced through state courts. That's not fair to the city or its taxpayers, Djou said.

The new plan is to take effect in July 2005 unless it is blocked by legal questions and disputes.

The Honolulu Police Department wants attorneys to first study how to enforce the fines if they are not paid, Assistant Chief Robert Prasser said.

It's unclear, for example, whether an officer who issues a city citation to a motorist who does not pay would later have to personally issue a regular traffic ticket and refer it the courts, or whether another officer could do so, he said.

HPD must also develop guidelines for officers to follow when deciding whether to issue a warning, a city citation, or a traffic ticket.

The city prosecutor's office is concerned that giving police the discretion to issue two kinds of citations could lead to court challenges.

On another issue, the council unanimously agreed that the city should sell its interest in the Queen's Court and Harbor Court downtown properties.

Mayor Jeremy Harris' proposed annual city budget assumes the sales would generate $34 million. Several council members said they aren't convinced the properties will earn that much, but that there's no reasonable way to balance the budget without selling them.

"We are behind the eight-ball whether we like it or not," Councilman Romy Cachola said.

The sales would require council approval after bids are submitted.

The council voted 7-2 to approve raises for white-collar city workers. Harris had opposed the raises, saying the city could not afford them. Council members Djou and Mike Gabbard agreed and voted in opposition.

The raises of up to 9 percent are expected to cost $6.9 million next year, and are part of a statewide package awarded to Hawai'i Government Employees Association members through arbitration.

The collective bargaining agreements cover HGEA units 2, 3, 4 and 13 under a contract that extends to June 2005.

The Legislature last week approved the raises by overturning Gov. Linda Lingle's veto of a bill granting them, but they won't take effect unless each county approves them separately. The Hawai'i County Council has approved the raises; the Maui and Kaua'i councils vote later this month.

The Honolulu council unanimously overturned the Harris administration's veto of of a bill that restricts how city land and buildings are sold.

The measure, sponsored by Councilman Gary Okino, requires officials to present a marketing plan and details about how a city property would be used, prior to putting it on the market.

The administration had called the bill "infeasible" and "convoluted," but council members said it is necessary to ensure property sales are handled openly and responsibly.

Reach Johnny Brannon at 525-8070 or at jbrannon@honoluluadvertiser.com.