It seems Deputy Chief Horner, AKA Colonel Klink has issued a memorandum pertaining to Administrative License Suspension Hearings (ALS). It addresses the failure of officers appearing for such hearings. He fails to identify why officers are not appearing for the hearings, nor does he offer a solution other then: “Be there or else!”
According to the Carl Vinson Institute of Government at the University of Georgia, it is common occurrence for officers not to appear at these hearings state wide. Many reasons are sited in the study. Samples of those are:
• The officer usually attends the hearings alone without counsel, be it a D.A. or Solicitor, while most defendants are represented by counsel, an unfair advantage.
• Officers feel they are not prepared for the hearings and would prefer the presence of a solicitor or D.A.
• An increase in pay for attending the hearings, most hearings are held during the day when the officers are on their off time.
• Attention paid to the officers scheduling.
• Educational program orchestrated by the ALS Judges
• Officers are only paid 25.00 a day for the hearing and have to pay to park in a private parking garage which can cost upwards of 25.00 or more.
• Officers are treated unfairly by ALS judges when the defendant has representation and the officer does not.
Horner’s response is typical of someone out of touch with reality, someone that doesn’t inquire why there is a problem and how to fix it. His management style is right in line with “its my way, or no way”. Instead of addressing the problem and trying to fix the problem, making the officers job easier, he finds it easier just to bark at the officers “either conform or be suspended!”
Tuesday, March 24, 2009
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39 comments:
All this is going to do is make officers not want to do DUI arrests period. The system already makes it tough on officers to prosecute DUI's. This will just make them non-existant.
Oh, this is just because this blog is racist. ;-)
Oh and don't forget that the mail notice that is sent to the officer arrives 2 days late. because it takes a day for the mail to get to the county and another 2 weeks to get it in the right plsce in the county can anyone say public intox all around.
As my old DI used to say " It's my way, the highway, or trailways and thats a no no!
Cant help but wonder how many DUI's ol Col Klink has made, and how many ALS hearings he has missed.
This is a matter that needs to be addressed in the acadamey and in inservice training. This is not a new problem and like the author stated in the main topic. They give the officers no way to win, and no solution. Someone needs to contact the DA's office to make arrangements to fight this unfair practice. If they dont know what to do. I would contact the LAPD and see what policy they have in place for handling the same event. Because they have done it all and seen it all. Their policy is far more advanced than ours. We dont have to re-invent the wheel here
I see doing the DUI and skipping the 1205 altogether....no 1205, no hearing. Problem solved.
Who wants to take Marta to Atlanta for a hearing. Bring it back to Dekalb.
We seem to have an abundance of large SUV's...I'll bet Bolton isn't using the SUV(s) he had assigned to him....let's have someone from the Klink's staff drive the Officers down to the hearing.
Pay officers for Travel Time, pay for their parking and let them use County Vehicles to travel across town to the other Jurisdiction.
Officers don't show up because they aren't required to. I showed up at every one of mine and won them all without the assistance of a DA or solictor, even against the highest priced attorneys. Being intimidated by lawyers means you need to find another line of work. The part about the timing of the hearings is the only valid point raised. There should be mutliple hearing times.
Nothing would please me more than to see that lapdog on the unemployment line.
It is not mandatory to appear at those hearings, it is the officers discrection since they are the prosecutor. But Horner has never known that because he has never been a real policeman.
I thought Acting Chief O'brien asked everyone to pull together to heal the department. I see you guys are still tearing each other down. Way to go DKPD!!! You are quickly losing credibility
Damn Yankee, let's leave actual names of officers off this blog, I'm sure the powers that be are still reading it.
I for one have never been impressed by Chief Horner. In fact, he is one of the biggest sellout that I know. I wonder how he ever was able to breath because he had his nose so far up Bolton's a## it is a medical miracle that he is still alive.
In fact, he wrote a letter to Chief Bolton recommending an investigation about an officer leaking a story regarding tickets that was done by CBS46. The truth be told, that officer was not the leak!
(Edited by D.O.S.)
Its obvious to me that the blog master or one of his buddies got in trouble for not going to a hearing. Here's a novel idea, "How about just doing what is required of your job and the Chief want have to write a memo." Hell Chief just write them up if they were required to go. Also how about getting a dictionary, you show your ignorance quite often with your spelling on your front page post.
Regarding Travel Time, read this section of the Employee Manual. Any court outside of DeKalb and is off duty court time you can be paid for Travel Time.
B. OFF-DUTY CRIMINAL HEARINGS
Any employee who is subpoenaed for a criminal hearing while they are off-duty and they are
not exempt from overtime compensation (below the ranks of Police Lieutenants) will be
required to complete the "Court Appearance" form in order to be considered for compensation
for a court appearance. The employee must have the middle section of the form completed by
the appropriate officer of the court regarding the total number of hours the employee actually
spent in court and the total number of hours the employee was placed on-call by the court
officer. Travel time to and from court, in DeKalb County, is not compensable. The employee
will submit the form to his immediate supervisor. The supervisor will approve/disapprove the
form and forward it to the section/division commander (or designee). If approved, the total
amount of time requested will be coded as Code 21 on the Labor Allocation Report and will be
counted toward the total amount of time worked that day. Employees eligible for this
compensation will not be eligible to accept the standard witness fee provided by the State.
In ref to MR 1021 am commenting on spelling perhaps he used spelchek but if you don't know the difference between won't and want the program cannot help you. Could this be Colonel Klink himself?
Hey to the loser that complained about someone's grammar "the Chief want have to write a memo". If you were a real cop and ever in your life made a DUI case, then you would know that this is a legitimate complaint. Sleeping for three hours after a ten hour shift, then waking up and having to drive to somewhere in Atlanta, spend several more hours presenting PC for the arrest, and coming home for another two hour nap is just not an unreasonable.
begin quote..."How about just doing what is required of your job and the Chief want have to write a memo."...Also how about getting a dictionary, you show your ignorance quite often with your spelling on your front page post....end quote
"want have"????
Pot, meet kettle.
Is this Mester?
The ALS hearing is an "Administrative" hearing. I agree with the first writer...... I will make it my goal to never make another DUI arrest if I can help it. Why should I be inconvienced for that? Why should I have to take Marta or pay private parking?
Umm... Maybe he should pass that dictionary on to you. So you know the difference between "want" and "won't" which is what you should have written when you were getting on to someone else about spelling...
To anonymous, 25 dollars a day is what they pay you for jury duty, but few citizens look forward and many try to get out of it. This is the same situation for the cops except much worse. No legal representation with a competent lawyer as your opposition is something no sane human would allow themselves to be abused of. Then you only get 25 bucks as compensation. Getting hit by a 2 X 4 for 25 dollars seems an apt comparison. As for the sniping in this blog, if you had ever been in the military, you would know that troops do a lot of bitching privately, especially if they care about their jobs. The US military has discovered that blogs are an important factor in the superb combat performance of our troops and lack of casualties in the war and occupation of Iraq. They have provided secure blogs for our troops so they can discuss combat and operational issues and provide timely discussion of changing enemy tactics. Perhaps the DKPD and the county should do the same. When the troops start talking and thinking about their operational issues, good things tend to happen.
As an officer recently written up for Court Appearance I think that this is absolutely ludicris. These hearings are not required under state law, the perps license will still be taken away during the trial. Personally I now avoid DUI's like the plague...I would rather work a 41I involving eight cars and a fully loaded Marta bus to put not put to fine a point on it. Thanks for the morale boaster Klink!!!
I agree whole heartedly with the officer that reminded us that we can easily win an ALS hearing without the assistance of a prosecuting attorney (Not a DA like one officer said…Solicitors Office *Misdemeanor*). I too, like many officers, have gone to ALS hearings. It is almost as easy as talking to a Magistrate Judge. Pretty much…just probable cause only. Now all that said, I don’t agree with Col Klink’s approach. Analyzing the situation, many officers not showing up to ALS hearings means a much easier avenue for DUI defendants to keep their license. In DUI cases it’s obviously not about jail time for most defendants, it’s about keeping that license. ALS hearings are critical to ensure that the defendants do not retain their license. Because most DUI cases occur late at night (1am +), and the officers that make the cases would be sleeping during when ALS cases would occur, this does create a challenge. In a perfect world, the ALS hearings would occur during the evening..(and maybe they do for SOME jurisdictions…but not Dekalb). Naturally this by nature is hard for morning watch officers to attend. So now finally, what is the solution? Well it is important to attend the hearings so the defendants cannot retain their license….however, Col Klink needs to realize that he cannot just ORDER officers to attend. The outcome of this is less DUI cases in DEKALB, which means more fatality wrecks in DEKALB!! Col Klink needs to find a solution to make it easier for Officers to attend ALS hearings (adjusting off days..etc..). I’m not in the command staff but hey, here’s one we haven’t heard..instead of all the incentives they give to the officers that blindly write a butt load of tickets for stats..how bout incentives for DUI arrest? Tickets generate revenue while DUI arrest saves lives.
Okay, I agree going to ALS hearings but it is a waste to go if the license is not suspended. Most of the time officers go and withdraw the complaint, personally if the driver did not refuse the state test then why should it be suspended, if it was just a simple dui no 41 no injuries. Unless we have history of them on prior dui then it is withdrawn, which is mostly the case.
It is a waste of taxpayers money to have the officer show up when most of the time the officer's withdraw. Inconvience of the officer on it day off or work day and wasting taxpayers money.
Well be glad that you don't work for APD where I hear that most of the time, court is always scheduled on the officer's day off and if officers don't show up, then its off to the hood for them. And this is for simple speeding tickets. I remember officers telling me about getting a memo that stated too many people were being allowed to walk because off officers not going to court. It was even blatantely obvious when they said, walking defendants mean less revenue for the city. Yes the city, not the department. The same department with cars that have brake problems, outdated equipment and so on.
This is why you need night court. Lets say if someone was issued a DUI or a traffic citation on 2nd or 3rd watch, then both the officer and defendent have to make time during the day time hours to attend court. Having night court would increase chances of cases being resolved quickly and fairer for all sides involved. I bet it would even eliminate FTAs as some defendents don't want to lose pay at work for having to go to court. Don't get me started about those five minute arraignment hearings in Atlanta Municipal Court after you have paid a shitload for parking.
Send a State Court investigator to the hearing. They work day shift and have weekends off and are on the clock anyway. They have the report,the drivers history etc. Once the case is made by the officer,it's theirs anyway.Simple solution.Efficient and logical.PD management should show support for this.
Whaaaaaaaaaaaa...I don't want to go to court on my off day..Whaaaaaaaaaa I don't want to get up when I haven't had a full night sleep....Whaaaaaaaaa I don't want to go to court without an attorney with me...Quit whining. Either do your job or don't make DUI arrest. Jesus...
Wow, there is a lot of whining goin on here. True, in the past officers were not required to go to ALS hearings. The bottom line is when the Chief or Assistant Chief or Deputy Chief issues a memo, it must be conformed to. This is nothing new, we have received many memorandums and general orders in the past that have been rediculous. This is just a little more B.S. we have to put up with. Court has never been a matter of convenience and coincided with our work schedule. If you have done any real police work you have had to go to court in the past, not just Recorders Court but State and Superior Court as well. If you avoid policing because of court, find another line of work. If you are truly dedicated to the profession, you know court is part of the job and the process doesn't stop when the bad guy goes to jail. If you have problems with courtroom testimony, take a class (if you can get approved for it)or ask someone at training for material on courtroom testimony and try to improve yourself.
To the whaaa whaa, this is not complaining, its being real and how officers are getting screwed for doing there job and making arrest if u want a complaint ask the ones who dont do dui and and write public intox knowing they are dui
You must be one of those dam hang round the fort Indians with all day shift and holidays and weekends off and never worked morning watch.
Seriously, is all of the banter about how unfair it is that you have to appear in court. Is it really about the fact that you are unhappy either on your shift, with your present employer or in your chosen career path. If all that you are required to do is inconvience to you than please consider a new profession! Lets list the ignorant complaints from this post:
All this is going to do is make officers not want to do DUI arrests period. (ok, so don't make DUIs)
don't forget that the mail notice that is sent to the officer arrives 2 days late. (file a motion for reconsideration)
They give the officers no way to win, and no solution. Someone needs to contact the DA's office to make arrangements to fight this unfair practice. (Seriously JR, life is unfair! GET A HELMET!)
Officers don't show up because they aren't required to. (no, it because they're lazy!)
I could go on but is obvious there are entirely too many complaints and I don't want to come down to your level.
I'll break it down Barney style for ya. If you don't like it find a new job!
I hear you can re-educate yourself at Westward College!
This is not complaining and no we don't need to find a new job. This is completely reasonable, if you work morning watch, make dui cases on morning watch, how hard would it be to have evening time court? Just for a couple of hours. If you make DUI cases as often as I do then the lack of sleep really adds up. The logic of "this is a little more BS we have to deal with" if false. The "little more BS" has really added up over the years, I mean seriously how much more difficult can they make it for us to make our jobs more difficult.
Whaaaaaaaaa I don't like hang around the fort indians. Whaaaaaaaa Im upset because some officers have weekends off and I don't. Whaaaaaaaaa I spend entirely too much time worrying about what everybody else is doing. Having to go to court on your off time is not a valid complaint. Try going to CID....
I could care less what everyone says about als hearings. Why is everyone commenting about it and why is it such a big deal. Meanwhile deputy chiefs are worry about als hearings when they should be worry about how to making solutions to why dekalb county is so much in turmoil by past decisions made by imcompetent people in higher ranks get real put a lid on the als and just do your damn job. Oh wait I forgot yall been here to long and hear the same thing over and over and just want to sit back and collect a check
Let us hope that the "brass" is keeping an eye on the comments. This sounds like an issue that can be solved by bucking the problem up the chain of command, providing you have a decent command structure. (and you don't) O'Brien seems like the kind of guy who could solve the problem with a few calls to the DA or Solicitor. The problem is getting the issue to his attention. Good luck guys!
"Sit back and collect a check"
Sad thing...that's what they've conditioned us to do.
Too aggressive.... you get red flagged by IA.....Too aggressive and the perps start to complain to a department that is more willing to believe perps than their own officers.
When's the last time you heard of a complainant being prosecuted for making false statments to IA?
You learn quickly that answering your calls and bringing in two tickets makes for a peacefull existence. Nothing more....Nothing less.
They don't want us to police. They just want us to clock in and make it look like they're doing something. "They" being the majors and above.
Frankly, officers have gotten tired of working hard and making people, who would sell then out for a song and a dance, look good. They do their job and go home.
To Anonymous #33, I copied/pasted your comment in Word and it caused my computer to crash. I don't think it will ever work properly again. Confused the hell out of it (and me). I would hate to read your reports. I'm embarassed for you and the County.
Sorry if your confused, but I didn't think it would matter. If you wanted something politically correct your in the wrong county. But I can break down to you in two words. "DEKALB COUNTY"
What's PC about expecting an officer to be able to write coherent English?
"Meanwhile deputy chiefs are worry about als hearings when they should be worry about how to making solutions to why dekalb county is so much in turmoil by past decisions made by imcompetent people in higher ranks get real put a lid on the als and just do your damn job."
I will say that the above is one impressive run on sentence.
"Attitude is the reflection of leadership"
These hearings are BS anyway. Just another fee for the attorney to get his drunk driving client back on the road. The DUI arrest report speaks for itself.
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