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Is the City of Salem earning interest on money that isn't theirs?
By James M Schultz
from Salem Monthly, Section Guest Opinions
Posted on Fri Feb 29, 2008 at 11:57:58 PM PDT

If you have ever received a parking ticket in downtown Salem, you know that even if you want to fight the ticket in court, you must still pay the fine within 14 days.  

But have you ever wondered what the City of Salem does with your money after you prepay your fine?
Given the current Salem Municipal Court backlog, it can take several months to even get a court date. If the court finds you not guilty, it takes several more weeks to refund the fine you already had to pay. In the past nine months I have received three citations -- all for exceeding the two-hour parking limit. Each time, I had left the downtown area, and returned later to park on the same block. In two of my court appearances, Judge Aiken accepted my explanation and dismissed my citation -- just as she did for other drivers who presented the same defense while I was in court. The court dismissed my third citation after the enforcement officer moved for dismissal.

In each case, my refund took several weeks to get to me after the court date.

This raises several questions: Does the City of Salem earn interest on my $15 fines from when I first pay until they finally return my $15 to me? If so, why is this interest not also returned? If drivers must pay their fines within 14 days of being cited, why does the City not refund these amounts within 14 days of the driver being found innocent?

I asked my city councilor these questions in an e-mail. I was told he would investigate the matter and get back to me. After several follow-up e-mails I have only received interim responses from him.

Apparently he is having difficulty getting answers from the appropriate city managers -- giving me the impression that they don't want the public to know the answers.

When the City first implemented the two-hour parking limit throughout downtown, I e-mailed the Parking Enforcement Manager and asked what precautions their parking officers were taking to ensure they don't write further citations against drivers who may actually have left downtown and then returned during the two-hour timeframe. I never received an answer, but evidently they have done nothing.

The parking enforcement officers continue to write citations in this situation, citations that the court later dismisses if the driver challenges them. Meanwhile, the City gets to hold -- and apparently make money on -- these fines.

Having yet to receive an answer to these questions leads me to suspect that this is a dirty little secret that the City wants to keep secret.

To submit an editorial to Salem Monthly Newspaper, email editors@salemmonthly.com.







Do you really think.... (#1)
by Anonymous on Wed Mar 05, 2008 at 06:42:57 PM PDT
James:

As a former Parking officer that you might remember I can say I doubt the city makes any interest off your ticket prior to the refund to you.

I know you to be a loyal coffee customer and one of several I had known over the years who came downtown several times a day to get a cup. My question to you is can you change your parking habit so you park on one block in the morning and a differant block in the afternoon.

Your tickets are more about the Parking guys not knowing who you are and your habits and having to deal with Downtown Employees who do the two hour schuffle till the parking folks can get them warned and away from the Free Customer parking.

Many of the VIP customers of the old unlimited time parking era rarely got rewarned when our system crashed or VIP status some how disappeared as many of us officers not only knew your cars, but in many cases had great conversations with you.

Let me suguest you park east-west in the morning and north-south in the afternoon and it will save you time and effort. Other wise try to get to know each patrol officer and let them know your habit. They don't have a VIP system to work with, but many are talented enough to recognise your pattern and take it into account.

Thanks for all the great conversations and keep those opinions going.  


"Is the City earning interest . . ." (#2)
by Anonymous on Mon Apr 14, 2008 at 02:54:34 PM PDT
I am responding (rather tardily, I admit) to the anonymous comment posted on March 5, by a former parking enforcement officer, to my Guest Opinion in the March 2008 Salem Monthly.
The commenter provided several suggestions on how I could avoid being cited under the 2-hour parking limit statute.  However, this covers ground already well-trodden, and misses the point of my Guest Opinion.  

The main point of my column dealt with why the City has been non-responsive to my inquiries regarding how they handle my money from the time I prepay my "fine" until the time -- several months later -- when the court finds me innocent and the City then refunds my money.

With the mayor now running for re-election, one would think that she would demand that city government operate with the utmost transparency in handling the public's money -- including, in my case, parking fines that the city is not entitled to retain -- and also that city government be responsive to public inquiries such as mine.



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