Despite asking the city council for more funding from the General Fund just sixty days ago and operating on a budget that’s increased by 203% since Chief James Breletic was hired, the Guyton Police Department is raking in the cash on the private school zone speed cameras installed near Guyton Elementary School at the start of the 2022-2023 school year. They were approved by the council back in March of 2021.
Most notably, the speed cameras have not resulted in a decline in speeding in this particular school zone. The number of violations issued has volleyed up and down throughout the school months. This is likely due to the fact that violations arrive in the mail 10-30 days after an alleged infraction occurs, as opposed to an actual citation issued by a sworn law enforcement officer, which is issued on the day of the alleged traffic infraction.
Additionally, the Guyton Police Department has yielded nearly $100,000 from their share of the violation monies collected, which total almost $150,000. Guyton PD is entitled to 65% of the revenue collections, per the contract.
Despite the high dollar collections, the department seemingly still doesn’t have the basic equipment it needs to operate. Just a month ago, Breletic appeared on scene of a domestic incident where a woman was furiously shooting a gun, but Breletic had to borrow a vest from deputies with the Effingham County Sheriff’s Office. More on that here.
Missing Records on School Zone Cameras
In its ORR, TGV also requested the violations which were dismissed, spoiled, or listed as ‘exceptions.’ Under the Open Records Act, it is public record if a person’s violation was dismissed by the law enforcement agency. Specifically, the number of each category is subject to release and the specific names are required to be provided.
The city stated it was “not in possession of the documents requested.” The City of Guyton then deemed the ORR on the speed cameras ‘complete,’ which TGV News challenged on the basis of the missing information.
While private businesses are not subject to the Georgia Open Records ACt, when a private vendor is handling business for a public entity, it must provide records to the government agency for release to the public. OCGA 50-18-71(h) states that if a local government entity utilizes a private vendor for conducting business “to collect or maintain public records, the agency shall ensure that the arrangement does not limit public access to those records and that the vendor does not impede public record access and method of delivery as established by the agency or as otherwise provided…”
Local government entities are not allowed to use the otherwise acceptable exception under the Georgia Open Records Act on the city or county ‘not being in possession’ of a particular document at the time of the request. The governing body is legally bound to obtain the record from the private entity, if that data is maintained.
Further, TGV News has obtained identical records from a number of local government entities spanning from Vidalia, Soperton, and Richmond Hill to Alpharetta and Cedartown. None of the records have been withheld, irrespective of which school zone camera company utilized.
TGV News has requested the City reconsider its position on these records, but will file a complaint with the Georgia Attorney General’s Office in the event that the records are not provided.
Policing for Profit
These particular speed zone cameras can only be used in a school zone. Drivers who exceed the speed limit during school zone hours or one hour before and one hour after school zone hours are captured on camera. Unlike red light cameras, which depict a picture of the driver, speed zone cameras snap a photo of only the license tag with a remotely operated device, which uploads to the private company’s database. The private company issues a violation notice, collects the payment, and sends a split to the municipality or county. Splits very by agency.
Unlike handheld radars used by law enforcement officers, which are calibrated and tested before each use with an internal computer check and the use of tuning forks, these cameras rely solely on a ‘self-check’ system. The company otherwise manually checks the calibration of the detectors once or twice annually. This has resulted in a number of erroneously issued violations.
The companies have the ability to place a lien on the vehicle associated with the tag captured in the photo. Under the terms and conditions of most financed vehicles, a second lien on a vehicle impairs the security interest of the first lien holder – the financier – which can initiate the repossession process.
Motor vehicle databases and records accessed by the Georgia Department of Revenue are otherwise sealed from public record and available only with subpoenas to attorneys and other officers of the court. If a citizen or a member of the media wanted access to the database for any particular reason, the release of the data is shielded under the Georgia Open Records Act. These companies have access to public safety databases, much like towing companies do, but are acting on behalf of the law enforcement agency.
Affidavits for Dismissal or Civil Acquittal
Affidavits may be submitted if an individual requests a hearing in municipal court on the premise that the individual can suggest or prove another person was driving the vehicle at the time of the captured picture. Sworn affidavits, however, must be notarized, which means a person would need to know a notarized affidavit would be necessary before arriving at court for a hearing. Any other defense in a hearing in municipal court would require self-representation or representation by an attorney for the $100-150 violation.
