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>> MCKEE-RODRIGUEZ: WELCOME TO THE JUNE 21 YOU MIS PAL COURT ADVISORY COMMITTEE MEETING.
THE TIME IS 1 11:08:00 A.M. AND WE'LL CALL THE MEETING TO ORDER. MADAM CLERK. PLEASE CONDUCT THE ROLL CALL
[Approval of Minutes ]
>> MCKEE-RODRIGUEZ: THANK YOU, MADAM CLERK. THE FIRST ITEM ON OUR AGENDA IS APPROVAL OF THE MINUTES FROM THE MAY 7, 202I NOW ENTERTAIN A MOTION FOR THE APPROVAL. WE HAVE A MOTION AND A SECOND.
ANY DISCUSSION? OKAY. ALL IN FAVOR? ALL OPPOSED? THANK YOU. MINUTES ARE APPROVED.
[Public Comments ]
UP NEXT, WE HAVE PUBLIC COMMENT. I UNDERSTAND WE DO HAVE SEVERAL FOLKS SIGNED UP TO SPEAK. EACH RESIDENT IS GOING TO BE GIVEN THREE MINUTES TO SPEAK, ORGANIZATIONS MAY HAVE UP TO NINE MINUTES TO SPEAK IF THEY'RE SIGNED UP AS AN ORGANIZATION.WHEN I CALL YOUR NAME, IF YOU WOULD PLEASE COME UP TO THE PODIUM, AND IF YOU HAVE ANY DOCUMENTS, PROVIDE THE COMMITTEE, IF YOU WOULD HAND THEM TO THE CITY CLERK FOR DISTRIBUTION IN THE RED OUTFIT.
THE FIRST SPEAKER WE HAVE IS SHAWN TRACEY. >> IS THIS ON? OKAY. PERFECT. LET ME KNOW WHEN MY TIME STARTS. OKAY. GOOD MORNING, AND THANK YOU FOR ALLOWING ME THE OPPORTUNITY TO SPEAK TODAY.
MY NAME IS SHAWN TRACEY AND I'M THE PRESIDENT OF OMNIBASE SERVICES OF TEXAS. I'M HERE TO TALK ABOUT THE BENEFITS OF THE FAILURE TO APPEAR PROGRAM, HOW IT IMPROVES COMPLIANCE WITH COURTS AND BENEFITS PUBLIC SAFETY MEASURES FOR THE SAFETY OF SAN ANTONIO.
ADDITIONALLY, I'LL SPEAK ABOUT THE PROGRESSIVE LEGISLATIVE CHANGES THAT HAVE BEEN MADE TO MAKE THE PROGRAM MORE DEFENDANT FRIENDLY WHILE STILL ALLOWING JUDGES BROAD JUDICIAL DISCRETION.
THE FAILURE TO APPEAR PROGRAM SERVES AS AN ACCOUNTABILITY AND COMPLIANCE TOOL FOR COURTS. AND ACTS AS A SERIES IN PROGRESSIVE CONSEQUENCES WHEN AN INDIVIDUAL FAILS TO APPEAR IN COURT FOR THEIR VIOLATION. IT ACTS AS A PASSIVE ENFORCEMENT TOOL BY PLACING A HOLD ON AN INDIVIDUAL'S DRIVER'S LICENSE FROM BEING RENEWED UNTIL THEY RESOLVE THEIR OUTSTANDING ISSUE TO A SATISFACTORY LEVEL WITH THE COURT. IT DOES NOT SUSPEND THE DRIVER'S LICENSE, THEREFORE THE INDIVIDUAL IS STILL ABLE TO USE THE LICENSE NORMALLY UP UNTIL ITS EXPIRATION. THE TEXAS DRIVER'S LICENSES ARE GOOD FOR UP TO EIGHT YEARS NOW. THE PROGRAM IS FUNDED BY ADDING A $10 REIMBURSEMENT FEE FOR EACH SUBMITTED TO THE PROGRAM, AND THE COURT RETAINS $4 OF THAT $10. THE CITY OF SAN ANTONIO HAS USED THE FTA PROGRAM SINCE 1977. APPROXIMATELY 584,000 CASES HAVE BEEN ENTERED INTO THE PROGRAM AND 502 HAVE BEEN CLEARED.
PUBLIC SAFETY HAS EXPERIENCED AN UNFORTUNATE TREND OVER THE PAST SEVERAL YEARS REGARDING TRAFFIC FATALITIES.
THE MOST COMMON TYPES OF OFFENSES ENTERED THE PROGRAM ARE TRAFFIC OFFENSES. IN 2018, THERE WERE 3657 TRAFFIC FATALITIES ON TEXAS ROADS. IN 2022, THAT NUMBER INCREASED BY 824, TOTALING 4481. THE ESTIMATED ECONOMIC LOSS OF ALL POINT OF VIEW CRASHES FROM 2022 WAS $55.9 BILLION. HERE IN SAN ANTONIO, TRAFFIC FATALITIES WENT FROM 139 IN 2018 TO 199 IN 2022, INCREASE OF 60.
FROM 2022 TO 2023 VEHICLE PEDESTRIAN INCIDENTS OR ACCIDENTS JUMPED FROM 781 TO 841. AND I UNDERSTAND CRIME PREVENTION IS AN IMPORTANT TOPIC FOR EVERYBODY HERE, AND PROACTIVE TRAFFIC ENFORCEMENT IS ONE OF THOSE PREVENTIVE MEASURES THAT THE CITY OF SAN ANTONIO TAKES. THE SIGNIFICANCE OF TRAFFIC OFFENSES IS OFTEN DOWNPLAYED SINCE A LOT OF THEM ARE FINE ONLY, HOWEVER, CITATIONS SUCH AS SPEEDING OR DISTRACTED DRIVING ARE SOME OF THE TOP CAUSES OF TRAFFIC FATALITIES. ACCORDING TO TEXAS DOT AND THE NATIONAL SAFETY COUNCIL, NEARLY 30% OF ALL TRAFFIC FATALITIES ARE CAUSED BY SPEEDING.
>> MCKEE-RODRIGUEZ: THANK YOU, MR. TRACEY. >> THANK YOU.
IS THAT FOR THE ORGANIZATION? I THOUGHT IT WAS NINE
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MINUTES FOR THE ORGANIZATION. ORGANIZATION.>> MCKEE-RODRIGUEZ: DO YOU HAVE THREE SPEAKERS SIGNED UP? GOTCHA.
OKAY. AND ZARAGOSA. >> MY NAME IS ANN ZARAGOSA, I'VE WORKED FOR DECADES AS A LAWYER FOR THE POOR, AND MANY YEARS AS A JUDGE FOR THE SAN ANTONIO MUNICIPAL COURT.
OVER THE YEARS WHEN I ASKED PEOPLE FOR THE COMMUNITY WHAT THEIR GREATEST LEGAL NEED WAS I WAS SHOCKED WHEN THEY TOLD ME OVER AND OVER THAT IF THEY HAD A DRIVER'S LICENSE, THEY COULD GET A JOB, AND I SECURED DRIVER'S LICENSES FOR THEM AND THEY SECURED JOBS, I WITNESSED THEM MOVE FROM HOMELESSNESS AND HOMELESS FACILITIES, LIKE HAVEN FOR HOPE TO CONVENTIONAL HOUSING. HAVING A DRIVER'S LICENSE IS KEY TO FINDING EMPLOYMENT AND MOVING OUT OF HOMELESSNESS. OMNIBASE IS BAD, BECAUSE LIKE THE OLD DPS SURCHARGE PROGRAM WHICH WAS FINALLY REPEALED, IT DEPRIVES PEOPLE WHO CANNOT PAY OUT ANY TRAFFIC CITATIONS OF THE ABILITY TO OBTAIN A DRIVER'S LICENSE, AND IT PREVENTS THEM FROM OBTAINING EMPLOYMENT.
MANY LIVE IN POVERTY FOR YEARS BECAUSE OF THEIR INABILITY TO OBTAIN A LICENSE AND EMPLOYMENT. WHEN THEY ARE FINALLY ARRESTED FOR THEIR ORIGINAL OUTSTANDING CITATIONS, THEY HAVE ACQUIRED SEVERAL MORE BECAUSE ALTHOUGH THEY WERE UNABLE TO OBTAIN A LICENSE, THEY STILL HAD TO CONTINUE TO TAKE THEIR CHILDREN TO SCHOOL, TO SEEK MEDICAL CARE, AND TO BUY GROCERIES, AND FOR THAT, THEY HAD TO DRIVE.
HELPING PEOPLE KEEP A DRIVER'S LICENSE MAKES OUR COMMUNITY STRONGER.
IT HELPS PEOPLE KEEP THEIR DIGNITY, AND IT REDUCES OUR HOMELESS POPULATION AND THEIR NEED FOR COMMUNITY SUPPORT.
HARRIS COUNTY, DALLAS, AND AUSTIN, ALL LEFT THE OMNIBASE PROGRAM BECAUSE THE SLIGHTLY INCREASED REVENUE WAS INSIGNIFICANT COMPARED TO THE HARM THAT WAS CAUSED TO THE POOR. THERE ARE ALTERNATIVES TO USING OMNIBASE TO ADDRESS THE HIGH VOLUME OF UNPAID TRAFFIC CITATIONS. WE CAN SPEND MORE TIME BUILDING BETTER COURT PROGRAMS AND PROCEDURES TO SCREEN INDIGENT DEFENDANTS, INCLUDING CLOSELY REVIEWING THEIR ABILITY TO PAY THE FIRST TIME THAT THEY COME TO COURT SO THE JUDGES CAN EITHER ALLOW THE DEFENDANTS TO COMPLETE COMMUNITY SERVICE OR WAIVE THE FINE AND FEES THAT THEY CANNOT AFFORD.
THIS WOULD INSURE THAT POOR PEOPLE DO NOT SPEND DECADES WITHOUT LICENSES AND JOBS. OUR CITY IS NOT MADE BETTER BY THE NUMBER OF DRIVER'S LICENSES THAT WE TAKE AWAY. OUR COMMUNITY IS MADE STRONGER BY THE NUMBER OF PEOPLE WHO CAN OBTAIN EMPLOYMENT AND RISE OUT OF POVERTY. I LEAVE COPIES OF THE FAIR DEFENSE PROJECTS ARTICLE WHICH OUTLINES THE FAILURE OF THE OMNIBASE PROGRAM, AND I HOPE YOU
WILL TAKE A LOOK AT THEM. >> MCKEE-RODRIGUEZ: THANK YOU.
COLE MEYER. >> YOU READY? OKAY.
HI, EVERYBODY, MY NAME IS COAL MEYER. I'M A POLICY ANALYST WITH TEXAS POLICY APPLE SEEDS. OUR POLICY IS DATA DRIVEN, SAFE AND EFFICIENT. TODAY I WOULD LIKE TO DISCUSS THE URGENT NEED TO REPEAL THE FAILURE TO APPEAR PROGRAM IN SAN ANTONIO. WE'VE DONE RESEARCH IN THIS ROOM WHICH YOU'LL SEE FROM MATERIALS BEING HANDED OUT BUT TODAY I WANT TO HIGHLIGHT CONCERNS THAT WILL BE HIGHLIGHTED DURING THE BRIEFING.
IT'S STATED THE PROGRAM IS STATED FOR FAILURE TO APPEAR NOT FAILURES TO PAY FINES. I WOULD LIKE TO CLARIFY THAT FAILURE TO APPEAR IS DE FACTO, FAILURE TO PAY CAN PAY A FINE PRIOR TO A COURT DAY TO MIC ] HAVING TO APPEAR, BUT THESE ARISE BECAUSE SOMEONE HAS NOT PAID A FINE BEFORE OR AFTER A COURT DATE. DRIVERS OFTEN FAIL TO APPEAR IN COURT BECAUSE OF A FAIL TO PAY, JAIL, OR OTHER FACTORS, LACK OF TRANSPORTATION OR INABILITY TO MISS WORK. THERE ARE ALSO CONCERNS THAT THIS PROGRAM WOULD LIMIT ABILITIES TO HOLD PEOPLE ACCOUNTABILITY AND ENSURE COMPLIANCE. THIS ISN'T TRUE. THE INITIAL FINE IS THE ACCOUNTABILITY MEASURE. THAT IS NOT SOFT ON CRIME.
THE ADDED PUNISHMENT THAT THIS PROGRAM ENACTS, IE PLACING A
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HOLD ON SOMEBODY'S DRIVER'S LICENSE DOES NOT MAKE SENSE.80% OF THE CITY'S RESIDENTS DRIVE TO WORK. IF WE WANT THESE PEOPLE TO RESOLVE THESE TICKETS, WE WOULD ENSURE THEY HAVE A VALID MEANS TO DO SO. FURTHER, OUR ANALYSES ENSURES THERE'S NO DIFFERENCE IN COURT COLLECTIONS AMONGST COURTS USING THIS PROGRAM VERSUS THOSE THAT DO NOT. THAT MATTERS BECAUSE THAT IS THE VERY MEASURE OF COMPLIANCE. IF AN FTA HOLD MADE SOMEBODY COMPLY WE WOULD USE DRASTIC REVENUES AMONGST COURTS USING THE PROGRAM, BUT WE DON'T. THERE ARE ALSO THOUGHTS THAT THIS WOULD INCREASE BACKLOGS AND DIMINISH TRUST. THIS ISN'T TRUST.
RIGHT NOW, FTA HAS 88,000 OUTSTANDING HOLDS.
THE MEDIAN TIME TO CLOSE OUT AN OMNIBASE CASE IS OVER 2 YEARS.
THE MEDIAN TIME FOR A NONOMNIBASE CASE IS 148 DAYS.
TO THAT END, ELIMINATING THIS PROGRAM WOULD FREE UP COURT RESOURCES FOR NOT HAVING TO SPEND SUCH LENGTHY TIME ON THESE CASES.
THERE ARE A MYRIAD OF COMMUNITY BASED ORGANIZATIONS THAT ARE GROUNDED AND RESEARCH IN EMPIRICAL EVIDENCE THAT WORK IN THIS REALM TO PROMOTE CHANGE WITH THE COURT AND I'LL BE HAPPY TO SHARE THOSE CONTACTS WITH YOU AFTER THIS MEETING. TO WRAP UP, THE CITY'S OFFICE OF EQUITY HAS CRITICAL GOAL TO MAKE SURE THE POLICIES MEETS EACH NEEDS. THIS PROGRAM FAILS THATS OFFENSES STANDARDS.
ADDITIONALLY, THE CITY IS TRYING TO GET PEOPLE INTO READY TO WORK, HOWEVER OMNIBASE IS ONE OF THE OBSTACLES PEOPLE FACE IN MAINTAINING EMPLOYMENT. THE CITY ENACTS PUNISHMENTS AND DOES NOT COMPEL DATA OR EXPERIENCE. I IMPLORE THE CITY OF SAN ANTONIO TO TERMINATE THIS CONTRACT SO WE CAN GET RESIDENTS BACK ON THE ROAD AND ON THE WAY TO FINANCIAL PROSPERITY. THANK YOU.
>> MCKEE-RODRIGUEZ: THANK YOU. ELLA LAMBERT. >> HI.
TODAY I'LL BE SPEAKING ON BEHALF OF LIEU WE ANTANETTE WHO COULD NOT MAKE IT. I AM WRITING THIS PUBLIC MEANT BECAUSE I'M UNABLE TO TAKE OFF FROM WORK THIS MORNING TO TESTIFY IN PERSON.
I'M A BEXAR COUNTY AND DISTRICT 1 RESIDENT BUT I'M A MOM WITH THREE CHILDREN, THE ELDEST BEING 12 FOLLOWED BY 9 AND 3-YEAR-OLD.
SINCE BEFORE MY CHILDREN WERE BORN I'VE BEEN WITHOUT A DRIVER'S LICENSE, NOT BECAUSE I DIDN'T CHOOSE THE BREAK THE LAW.
I DON'T HAVE A DRIVER'S LICENSE BECAUSE I WAS UNABLE TO PAY MY FINES AND FEES FROM THE TRAFFIC TICKETS ISSUED YEARS AGO.
IT SEEMS UNREAL I COULD GO ABOUT MY DAY-TO-DAY LIFE THAT COME WITH MOTHERHOOD LIKE TAKING MY CHILDREN TO SCHOOL AND FULFILLING MY PROFESSIONS. MAKING SOMETIME TO GET IN MY COMMUNITY WHILE UNITING WITH MY COMMUNITY IN PRAYER AND DRIVING TO DOCTOR'S APPOINTMENTS, ET CETERA. WHEN I WAS A YOUNG ADULT, MY PARENTS WERE DEPORTED TO MEXICO AND I WAS LEFT IN CHARGE OF RAISING MY YOUNGER SIBLINGS. FOR YEARS I DROVE TO VISIT THEM IN IMMIGRATION CUSTODY AND LATER IN MEXICO. EACH AND EVERY TIME I DROVE, I KNOWINGLY TOOK THE RISK OF BEING STOPPED AND ARRESTED FOR DRIVING WITHOUT A LICENSE. IN FACT, THIS HAS HAPPENED MORE THAN ONCE ALREADY, AND I MY BIGGEST FEAR IS I'LL BRING SHAME, ANGER AND EMBARRASSMENT IF I'VE STOPPED WHILE THEY'RE IN THE CAR WITH ME. NOT DRIVING, HOWEVER, IS NOT REALISTIC FOR ME AND IN THIS FAST PACED SOCIETY WHERE RENT IS SKYROCKETING, I FIND IT INCREDULOUS COURT SYSTEMS WOULD MAKE OUR LIFE MORE DIFFICULT BY KEEPING OUR NAMES IN THE OMNIBASE SYSTEM AND SERVES AS -- PUTTING US AT RISK FOR FURTHER ARREST PUTS US AT RISK. PLEASE EXIT FOR THE OMNIBASE SYSTEM AND HELP PEOPLE LIKE ME RENEW DRIVER'S LICENSE.
THANK YOU. >> MCKEE-RODRIGUEZ: THANK YOU. KAYLA MIRANDA.
>> GOOD MORNING. MY NAME IS KAYLA MIRANDA.
MOST OF YOU KNOW ME AS HOUSING ASSISTANCE ORGANIZER, BUT TODAY I AM HERE ON BEHALF OF ES MIRANDA PEACE AND JUSTICE CENTER AND MYSELF AS AN IMPACTED INDIVIDUAL. I WAS 19 YEARS OLD THE FIRST TIME I WAS STOPPED, AND I WAS SPEEDING.
I WAS WORKING THREE JOBS AND I ONLY HAD A COUPLE OF HOURS TO SLEEP IN BETWEEN THOSE JOBS SO I WAS TRYING TO GET HOME TO GET THAT REST. I GOT PULLED OVER. THE OFFICER TOLD ME I DIDN'T HAVE ANY TICKETS SO HE COULD HAVE GIVEN ME A WARNING, BUT INSTEAD HE DECIDED TO
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TEACH ME A LESSON. THAT ONE TICKET ENTERED THE OMNIBASE PROGRAM AFTER SEVERAL APPEARANCES IN COURT WHERE I WAS UNABLE TO PAY THAT FINE. I WENT SEVERAL, SEVERAL TIMES, AND THEN I MOVED TO DALLAS, AND I WAS NO LONGER ABLE TO GO TO COURT.THAT'S WHY IT WENT INTO OMNIBASE, AND THAT ONE TICKET SNOWBALLED INTO DOZENS. I'VE BEEN STOPPED MORE TIMES THAN I CARE TO RECOUNT. I'VE BEEN ARRESTED MORE TIMES THAN I CARE TO RECOUNT. I'VE BEEN DENIED HOUSING.
I'VE BEEN DENIED EMPLOYMENTS BECAUSE OF MY DRIVER'S LICENSE, BECAUSE OF THE ARREST. WHAT MOST PEOPLE DON'T UNDERSTAND IS YOU GET ARRESTED ON A TICKET, IT'S NOT GOING TO PRISON, BUT THAT ARREST STILL SHOWS UP ON YOUR BACKGROUND CHECK. WHY WOULD SOMEBODY WANT TO HIRE YOU WHEN YOU'VE BEEN ARRESTED 13 TIMES? IT'S SOMETHING THAT DOES HAPPEN. I'VE TEMPTED TO GET MY DRIVER'S LICENSE BACK THREE TIMES, AND EACH TIME I'VE CLEARED EVERYTHING OUT.
PAID THE RESTORATION FEE, GOTTEN DOWN TO THE DRIVER'S LICENSE OFFICE AND GUESS WHAT, ANOTHER TICKET I FORGOT ABOUT POPPED UP IN OMNIBASE.
AS OF THIS MORNING, I CLEARED THE LAST ONE. HOPEFULLY ON THE THIRD WHEN MY DRIVER'S LICENSE TEST, I'LL ACTUALLY GET IT BACK, BUT I CAN ALSO SAY I HAVE FOUR CHILDREN, TWO GIRLS, TWO BOYS, MY TWO BOYS ARE AUTISTIC, MY OLDER SON, MY 16-YEAR-OLD ALSO HAS EPILEPSY.
TAKING CARE OF MY KIDS, MY FAMILY, DOING MY JOB, WHILE ALSO BEING A COMMUNITY LEADER AND DOING NONSTOP COMMUNITY SERVICE, I DON'T HAVE TIME TO DEAL WITH THIS, AND IT IS BEYOND RIDICULOUS WHAT WE HAVE BEEN THROUGH. TWO OF THE TIMES WE WERE STOPPED, WE HAD GUNS PULLED ON US, AND THAT INCLUDES MY KIDS BECAUSE THEY WERE IN THE CAR.
THE WAY THAT OFFICERS TREAT YOU BECAUSE YOU DON'T HAVE A DRIVER'S LICENSE IS BEYOND DISRESPECTFUL. AND ONE OF THOSE INSTANCES, I HAD JUST GIVEN BIRTH TO MY NOW 15-YEAR-OLD DAUGHTER, I HAD A C SECTION, SO TWO WEEKS AFTER SHE WAS BORN I WAS SITTING ON THE HIGHWAY AT 3:00 IN THE MORNING FOR TWO HOURS WITH HER AND MY YOUNG IRKIDS, IMAGINE IF SOMEBODY DIDN'T SEE US. PLEASE EXIT THIS.
IT'S NOT WORTH IT, AND IT'S DEFINITELY NOT HELPING.
>> MCKEE-RODRIGUEZ: THANK YOU. MOLLY. >> HI.
GOOD AFTERNOON. HONORABLE CHAIR MCKEE RODRIGUEZ AND HONORABLE COMMITTEE MEMBERS. MY NAME IS MOLLY AND I'M TESTIFYING ON BEHALF OF MYSELF, JUST MOLLY. I'M CHRONICALLY UNHOUSED RESIDENT OF SAN ANTONIO, HOUSED GOING ON FIVE YEARS, JUST WANT TO KNOCK ON WOOD.
I'M ALSO CHRONICALLY -- I'M ALSO COMMUNICATE WITH ENDLESS AMOUNTS OF CITIZENS AND RESIDENTS IN THE CITY OF SAN ANTONIO WHO EXPERIENCE ALL FORMS OF HOUSELESSNESS ATTRIBUTING TO THE FAILURE TO APPEAR PAID PROGRAM OF OMNIBASE. I OPPOSE THE CITY'S RENEWAL OF THE OMNIBASE CONTRACT AND I HOPE ALL OF YOU POSE IT AS WELL.
I LEARN FROM THE ST. MARE'S EVENT SESSION THAT OMNIBASE IS THE REASON FOR OVER 1 MILLION PEOPLE LOSING THEIR TEXAS DRIVER'S LICENSE WHICH RESULT IN PEOPLE LOSING THEIR HOUSING, JOBS, AND ANY SEMBLANCE OF STABILITY IN THEIR LIVES, BASICALLY PEOPLE LOSE THEIR IDENTITY BECAUSE OF THE OMNIBASE CONTRACT.
GETTING AN ID CARD, ONE WOULD THINK, WOULD BE THE SOLUTION TO LOSING YOUR DRIVER'S LICENSE, NOT IN BEAR COUNTY OR SURROUNDING AREAS OF THE REGION 6 PUBLIC SAFETY. AT SAN ANTONIO, JUST TO GET AN ID SUCH A PROCESS IS 6 MONTHS OUT IN OBTAINING IDENTIFICATION, WHICH IS THE ONLY SUBSTITUTE FORM OF IDENTIFICATION FOR EMPLOYERS AND IDENTIFICATION OFFICERS REQUIRE FOR DOCUMENTS TO OBTAIN HOUSING AND A JOB. OMNIBASE ACTIONS OF SUSPENDING PEOPLE'S LICENSES ARE NOT AN ACT OF PENALIZING A PERSON FOR FAILURE TO PAY, YOU'RE CAUSING PEOPLE TO LOSE HOUSING, LOSE ANY FORM OF OBTAINING HOUSING, AS WELL AS ALLOWING PEOPLE TO LOSE JOBS AND REMAINING EMPLOYED. I SPEAK FROM EXPERIENCE AS I NEARLY REMAINED HOMELESS, AGAIN, AS I WAS UNABLE TO MAINTAIN AN ID CARD. THANKFULLY, FLYING DOWN SOUTH EMPLOYMENT AND A PICTURE ID FROM THE LIBRARY SYSTEM IS NOT AN ACCEPTED FORM OF IDENTITY PER HOMELAND SECURITY. I ASK YOU TO
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RENEW THE DRIVER'S LICENSES OF TEXAS, NOT THE OMNIBASE CONTRACTS.LET'S GET MORE RESIDENTS OF SAN ANTONIO AND BEAR COUNTY BACK ON THE ROAD BECAUSE WHEN YOU'RE FREE TO DRIVE, YOU'RE FREE TO GET WORK AND REHOUSED.
HELP A END HOMELESSNESS AS BEST AS YOU CAN BY HELPING PEOPLE GAIN WHAT THEY NEED BY REGAINING EMPLOYMENT AND HOUSING. THANK YOU FOR YOUR TIME.
>> MCKEE-RODRIGUEZ: THANK YOU, MOLLY AND ALL OF THE FOLKS WHO CAME OUT TO SPEAK TODAY.
[Briefing and Possible Action on the following items ]
UP NEXT WE HAVE A BRIEFING ON THE USE OF THE FAILURE TO APP PROGRAM, OMNIBASE, THIS IS ONE WE'VE BEEN HAVING INTERNAL DISCUSSIONS ABOUT FOR A WHILE NOW AND IT CAME UP DURING THE INTERVIEWS OF MU TIMING IS EXCELLENT BECAUSE WE'LL BE DECIDING AS A COUNCIL OUR FUTURE FOR OMNIBASE IN THE COMING MONTHS. SO TODAY WE'LL RECEIVE ABRIEFING FROM STAFF. THANK YOU. >> GOOD MORNING.
THANK YOU. GOOD MORNING, CHAIR, ADVISER AND COMMITTEE MEMBERS. THANK YOU FOR ALLOWING THE COURT THE OPPORTUNITY TO BRIEF YOU AND REQUEST ACTION ON THE OFFICE OF SAFETY FAILURE TO APPEAR PROGRAM IN SAN ANTONIO. WE'LL DISCUSS WHAT THE PROGRAM IS ABOUT, WHAT IT'S NOT, HOW THE FTA PROGRAM WORKS HERE IN SAN ANTONIO, AND WHY IT IS USED AND NECESSARY. THE PRESENTATION IS BASED ON DATA THAT HAS INFORMED OUR DECISION-MAKING, AND MORE IMPORTANTLY, HIGHLIGHTED THE IMPACT OF YOUR CONSTITUENCY AND SAFETY ON OUR ROADWAYS. THE TEXAS LEGISLATURE ENACTED THE FAILURE TO APPEAR PROGRAM IN 1995 TO ADDRESS A SIGNIFICANT TIME AND FINANCIAL BURDENS ON CITIES AND COUNTIES CAUSED BY INDIVIDUALS WHO -- FAILING TO APPEAR FOR THEIR TRAFFIC VIOLATIONS.
FAILURE TO PAY OR SATISFY A JUDGMENT LANGUAGE WAS ADDED IN 2001. WHEN THE COURT IDENTIFIES AN INDIVIDUAL WHO HAS FAILED TO APPEAR FOR A TRAFFIC VIOLATION, A $10 REIMBURSEMENT FEE IS ADDED AND NOTIFIED TO PLACE A HOLD ON A DRIVER'S LICENSE.
OMNIBASE SERVICES SENDS TWO NOTICES OF THE RENEWAL OF DRIVER'S LICENSE. THE FIRST NOTICE, AND THE SECOND ONE IF NECESSARY, 60 DAYS PRIOR TO THE RENEWAL DATE. THE NOTICES SERVE TWO PURPOSES. ONE, TO NOTIFY THE INDIVIDUAL OF THEIR FAILURE TO COMPLY WITH THE COURT OBLIGATION AND THE POTENTIAL FOR NONRENEWAL OF THEIR DRIVER'S LICENSE, AND TWO, TO INSTRUCT THE INDIVIDUAL TO CONTACT THE COURT TO RESOLVE THE HOLD.
ONCE AN INDIVIDUAL APPEARS, THE COURT SENDS A CLEARANCE NOTICE FROM DPS TO RELEASE THE HOLD BASED ON VARIOUS CONDITIONS SUCH AS PAYMENT, FINDING OF INDEN GENERALSY FROM THE COURT, DISMISSAL OF THE CASE, ACQUITTAL OR IF THE VIOLATION WAS SENT IN ERROR.
THE PROGRAM DOES NOT SUSPEND A LICENSE, BUT RATHER DENIES RENEWAL.
INDIVIDUALS CAN CONTINUE TO DRIVE LAWFULLY, GOING TO WORK, TO SCHOOL, MEDICAL APPOINTMENTS OR OTHER ESSENTIAL NEEDS FOR UP TO EIGHT YEARS AFTER WE SUBMIT THE HOLD BECAUSE LIKE I SAIDS ARE RENEWED EVERY EIGHT YEARS. THE PROGRAM DOES NOT APPLY TO IDS OR NONTEXAS DRIVER'S LICENSE, AND THE INDIVIDUALS CAN OBTAIN AN OCCUPATIONAL LICENSE TO CONTINUE TO DRIVE IF THERE IS A HOLD ON THEIR LICENSE.
WHEN A COURT IS PLACE -- WHEN A HOLD IS PLACED ON A RENEWAL, THE INDIVIDUAL DOES NOT OWE ANY MONEY TO THE COURT SINCE NO FINE OR COURT COST HAS BEEN ASSESSED WITHOUT A COURT APPEARANCE.
THE PRESUMPTION OF INNOCENCE REMAINS, AND THE INDIVIDUALS HAVE THE RIGHT TO REQUEST A TICKET AND REQUEST A TRIAL.
THERE IS NO MONETARY BARRIER TO RENEW A LICENSE.
ONE OF THE PURPOSES OF COURTS IS THE APPEARANCE TO DO JUSTICE IN INDIVIDUAL CASES. YOUR CONSTITUENTS RELY ON WHAT THE COURT MIGHT DO. IF WE GET IT RIGHT ALL THE TIME, GET THEIR EVIDENCE IN, IN A PROMPT WAY, IF WE DECIDE CASES PROMPTLY AND TIMELY, THE COURT WILL APPEAR TO DO JUSTICE. WITH PROPER CASE FLOW MANAGEMENT, THE COURT IS ABLE TO REDUCE THE BACKLOG OF CASES AND MANAGEMENTS. JUDGE WIDOW HAS RECOGNIZED A HIGH INSTANCES OF NONLICENSED DRIVING, AND HELPS INDIVIDUAL MAINTAIN A VALID DRIVER'S LICENSE. SINCE ITS INCEPTION IN 2022, 10327 INDIVIDUALS HAVE OBTAINED A TEXAS DRIVER'S LICENSE THROUGH THIS PROGRAM.
DRIVES WITHOUT A LICENSE IS NOT ONLY A CRIMINALS OF AND INCREASES THE LIKELIHOOD OF BEING ARRESTED, BUT IT ALSO INFRINGES ON GAINFUL EMPLOYMENT. THE COMMUNITY COURT WORKS WITH SERVICE
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AGENCIES IN LOCAL SHELTERS TO OFFER NONMONETARY ALTERNATIVES SENTENCING FOR HOMELESS RESIDENTS WITH OUTSTANDING TRAFFIC VIOLATIONS. THE DRIVE SAFELY SAN ANTONIO RESOURCE AND EDUCATION CENTER, WHICH WAS ANNOUNCED IN JUNE, OFFERS ONLINE COURSES TO HELP INDIVIDUALS OBTAIN LICENSES AND IMPROVE DRIVING BEHAVIOR.THE COURT RECOGNIZES OUR RESPONSIBILITY TO HELP CORRECT CRIMINAL BEHAVIOR, REDUCE RECIDIVISM, AND ENCOURAGE GOOD DRIVING BEHAVIOR, BUT CAN ONLY ACCOMPLISH THIS WHEN AN INDIVIDUAL MAKES AN APPEARANCE IN COURT. THIS FLOWCHART SHOWS A PROCESS FOR A FAILURE TO APPEAR CASE. DEPENDING ON THE YEAR, WE HAVE BETWEEN 45 AND 47% FAILURE TO APPEAR RATE FOR THE INITIAL COURT APPEARANCE.
THE FTA PROGRAM IS AVAILABLE ONLY FOR INDIVIDUALS WITH A TEXAS DRIVER'S LICENSE. THIS SHOWS THE STEPS AND EFFORTS THE COURT MAKES AS WELL AS THE OPPORTUNITIES AFFORDED TO INDIVIDUALS BEFORE A CRIMINAL TRAFFIC VIOLATION IS SENT TO DPS TO DENY RENEWAL OF DRIVER'S LICENSE. TRAFFIC CITATIONS INCLUDE A SIGNED PROMISE TO APPEAR AND STATUTORY WARNINGS INCLUDING POTENTIAL LICENSE NONRENEWAL FOR FAILURE TO PAY. YOU CAN SEE THAT ON THE YELLOW COPY OF THE CITATION ON THE SCREEN. PRIOR TO THE ADDITIONAL COURT DATE, THE COURT USES MULTIPLE METHODS TO REMIND INDIVIDUALS OF THEIR OBLIGATION TO APPEAR AND AVAILABLE OPTIONS TO RESOLVE THE CITATION, WHICH INCLUDES NONMONETARY OPTIONS. THE COURT REMINDS INDIVIDUALS OF THEIR OBLIGATIONS TO APPEAR THROUGH TEXT MESSAGES, EMAILS, AND POSTCARDS. THIS IS ALL PRIOR TO THEIR FIRST COURT APPEARANCE DATE. AFTER A FAILURE TO APPEAR, THE COURT SENDS A SECOND NOTICE PROVIDING A NEW COURT DATE AFTER PROVIDED BY A LOG AND OPTIONS FOR RESOLVING THE CITATION, INCLUDING NONMONETARY ALTERNATIVES AND JAIL CREDITS. THIS NOTICE ALLOWS -- THIS NOTICE ALSO ALLOWS THE INDIVIDUAL TO CHOOSE A DIFFERENT COURT DATE IF THE DATE GIVEN ON THE NOTICE IS NOT CONVENIENT.
IF THE SECOND COURT DATE IS MISSED, WE SEND A SIMILAR NOTICE AND APPROXIMATELY 120 DAYS AFTER A MISSED COURT DATE, THE COURT NOTIFIES DPS TO DENY RENEWAL OF THE LICENSE. THE COURT OFFERS MULTIPLE METHODS FOR RESIDENTS TO RESOLVE CITATIONS WITH MOST CHOOSING TO DO SO AFTER PHYSICALLY COMING TO THE COURTHOUSE.
THIS INCLUDES IN PERSON, BY EMAIL, ONLINE, USING THE POSTAL SERVICE OR CALL CENTER, THE DROPBOX, AND ACTUALIZED CHAT.
THIS DATA SHOWS THE PROGRAM'S SUCCESS IN GETELLING INDIVIDUALS TO APPEAR IN COURT AND RESOLVE CASES. IN THE 8 YEAR PERIOD IT SHOWS THE PROGRAM HAS BEEN SUCCESSFUL IN GETTING INDIVIDUALS TO APPEAR IN COURT AND RESOLVE CASES. WE USED 8 YEAR SAMPLING FROM 2016 TO 2023, A COMPLIANCE BECAUSE THAT IS A TYPICAL LIFE CYCLE OF A DRIVER'S LICENSE. A DRIVER'S LICENSE NEEDS TO BE RENEWED EVERY EIGHT YEARS. DURING THAT TIME PERIOD, 67% OF THE 196,000 HOLDS PLACED WITH DPS RESULTED IN AN APPEARANCE, AND OF THAT AMOUNT, 95% OF THOSE CASES WERE RESOLVED WITH A PLEA, WHICH IS OUR GOAL.
HISTORICALLY, 28% OF CASES SENT TO DPS FOR LICENSED NONRENEWAL WERE FOR SPEEDING OFFENSES. THE TOP THREE OFFENSES, SPEEDING, DRIVING WITHOUT INSURANCE, AND DRIVING WITHOUT A VALID LICENSE COMPRISED 51% OF ALL THE VIOLATIONS THAT SAN ANTONIO SENT TO DPS. THE TEXAS DEPARTMENT OF TRANSPORTATION REPORTED THAT AS 1/3 OF THE PEOPLE KILLED ON TEXAS ROADWAYS, SPEEDING WAS A CONTRIBUTING FACTOR. TXDOT DATA ALSO SHOWS SPEEDING IS A SIGNIFICANT FACTOR IN TRAFFIC CRASHES.
IN 2022, THERE WAS 7996 SPEED INVOLVED CRASHES IN BEAR COUNTY AND 78 SPEED RELATED DEATHS. IN ONE YEAR, SAN ANTONIO LOST 78 SOULS TO UNLAWFUL, IRRESPONSIBLE DRIVING ON OUR CITY STREETS.
SPEED KILLS. OUR COMMUNITY DESERVES TO FEEL SAFE ON OUR
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ROADWAYS AND HAVE SAFE STREETS. THE COURT AND THE STATE RECOGNIZES THE CHALLENGE FACED BY LOW INCOME RESIDENTS IN RESOLVING TRAFFIC CITATIONS. STATE LAW AND COURT PRACTICES PROVIDE NONMONETARY ALTERNATIVES FOR RESOLVING CITATIONS, WHICH LANGUAGE INCLUDED IN ALL OF OUR NOTICES. AS PREVIOUS I WILL NO NOTED, LANGUAGE DETAILING ALTERNATIVE METHODS TO RESOLVE CITATIONS ARE IN ALL OF OUR NOTICES, BOTH PRE AND POST COURT APPEARANCE DATES.THIS INCLUDES PREAPPEARANCE POSTCARDS, TRAFFIC APPEARANCE RESETS, PREWARRANT LETTERS, PAST DUE PAYMENTS, AND EXTENSION LETTERS. THE SNIPPET ON THE SLIDE IS ALTERNATIVE PAYMENT LANGUAGE THAT IS PLACED ON ALL TRAFFIC CITATIONS ISSUES.
THE GOAL IS NOT TO SECOLLECT FINES, BUT DO JUSTICE, THE RESOLUTION OF CASES AND SATISFACTION OF COURT OBLIGATIONS.
OVER THE LAST 6 FISCAL YEARS, MUNICIPAL COURT JUDGES HAVE WAIVED OVER $6 MILLION ON OBLIGATIONS ON FTA OMNIBASE CASES, USING NONMONETARY METHODS LIKE COMMUNITY SERVICE, JAIL CREDITS, AND WAIVER OF FINES AND FEES BECAUSE OF INABILITY TO PAY. THE COURT COLLECTED $246,000 ON THE OMNIBASE REIMBURSEMENT FEE DURING THAT SAME PERIOD.
THIS PROGRAM IS NOT ABOUT REVENUE. FOR THIS SAMPLING PER PERIOD, 26% OF ALL CLEARED CASES WERE GRANTED NONMONETARY RESOLUTIONS. AS PREVIOUSLY STATED, THE COURT HAS MANY OPTIONS TO USE TO HOLD A TRAFFIC VIOLATOR ACCOUNTABLE FOR THEIRS OF THAT DOESN'T INCLUDE FINE OR COURT COST. COMMUNITY SERVICE AND VARIOUS PROGRAMS ARE AVAILABLE TO SATISFY JUDGMENTS AND ADDRESS THEIR INDIVIDUAL NEEDS. IN ADDITION, INDIVIDUALS MAY BE ABLE TO ATTEND JOBS AND SKILLS TRAINING PROGRAMS SUCH AS THE CITY'S READY TO WORK PROGRAM OR ENROLL IN A GED PROGRAM. TUTORING, A MENTORING PROGRAM, COUNSELING, OR A DRUG AND ALCOHOL PROGRAM ARE ALSO AVAILABLE TO USE TO SATISFY A JUDGMENT. ALL OF THESE PROGRAM OPTIONS ARE MEANT TO ADDRESS THE VERY NEEDS OF THE INDIVIDUALS IN YOUR COMMUNITIES AND GET RESOLUTIONS OF THEIR COURT OBLIGATIONS.
PUBLIC TRUST AND CONFIDENCE IN MUNICIPAL COURT IS INTEGRAL TO GET TO THE CREDIBILITY OF THE JUDICIAL BRANCH OF THE CITY.
TO BE EFFECTIVE AT MANAGING TRUST AND CONFIDENCE, WE MUST MAINTAIN ACCOUNTABILITY OF OUR COURT PROCESSES AND PROCEEDINGS.
PUBLIC TRUST CANNOT BE ASSUMED. OUR COURT PROCESS AND PRACTICE MUST NOT ONLY BE JUST, THEY MUST HAVE THE APPEARANCE OF BEING JUST. THE COURT'S OBLIGATION OF APPEARING TO BE JUST LEADS ME TO DISCUSS A COUPLE OF PURPOSES OF COURTS.
THE FIRST PURPOSE AND THE ONE THAT'S MOST FAMILIAR WITH US IS DO INDIVIDUAL JUSTICE IN INDIVIDUAL CASES. JUSTICE MEANS APPLYING THE LAW TO THE FACTS IN EACH INDIVIDUAL CASE. JUSTICE MEANS -- FOR EACH CASE THAT A JUDGE HEARS IS TREATED INDIVIDUALLY ON WHAT IS BEST FOR THAT PARTICULAR INDIVIDUAL'S SITUATION. JUSTICE IS LOST WITH THE PASSAGE OF TIME. MEMORIES FADE OVER TIME, AND ACCOUNTABILITY CAN WANE. GETTING AN INDIVIDUAL TO COME TO COURT TO RESOLVE THEIR CASE PROPERLY CAN JUSTIFY THE INDIVIDUAL WHO RECEIVED IT AS WELL AS JUSTICE FOR THE CONSTITUENTS WHO DESERVE THAT COURT IS HOLDING TRAFFIC VIOLATORS ACCOUNTABILITY. DETERRENCE OF CRIMINAL BEHAVIOR IS ANOTHER PURPOSE IN RESPONSIBILITY IN COURTS. DETERRENCE OF CRIMINAL BEHAVIOR IS WHAT PEOPLE BELIEVE THE COURT WILL DO WITH THEIR CASES. THE SAN ANTONIO MUNICIPAL COURT HAS TIMELY PROCESSES IN PLACE THAT WE USE TO QUICKLY BRING PEOPLE TO COURT TO RESOLVE THEIR CASES AND HOLD INDIVIDUALS ACCOUNTABLE. I CONCEDE THAT ONE OF THOSE TIMELY PROCESSES IS WHY WE ARE HERE TODAY. HERE IS ANOTHER EXAMPLE OF DETERRENCE. I'M SURE MOST OF US CAN RECALL A TIME WHEN WE HAVE ENCOUNTERED A SPEED TRAP. WE KNEW A POLICE CAR WOULD BE ON THE SIDE OF THE ROAD JUST RIGHT OVER THE HILL, AND IT CAUSES US TO SLOW DOWN EACH TIME WE PASS THAT LOCATION.
THAT IS DETERRENCE. THE COURT UTILIZES OMNIBASE AS DETERRENCE OF CRIMINAL BEHAVIOR ON OUR ROADWAYS. PUBLIC TRUST AND CONFIDENCE ARE ENHANCED WHEN COURT CAN PROMPTLY ADDRESS AND HANDLE
[00:35:05]
CASES. THE FTA PROGRAM IS ONE OF THE TOOLS THE COURT USES TO REMIND AND ENCOURAGE INDIVIDUALS TO APPEAR IN COURT AND RESOLVE THEIR CITATION. FOR THE INDIVIDUALS WHO DO NOT RESIDE IN SAN ANTONIO, THE FTA PROGRAM IS THE ONLY TOOL WE HAVE TO GET INDIVIDUALS TO APPEAR AND RESOLVE THEIR CITATION. THE COURT USE OF ARREST WARRANTS WILL NOT BE USED BY LAW ENFORCEMENT OUTSIDE THE CITY.WITHOUT THE PROGRAM, THE COURT'S RESOURCES, BOTH EMPLOYEE'S TIME AND MONEY, WILL INCREASE, BECAUSE OF THE ADDED PROCESSES TO OPERATIONS THE COURT WILL ASSUME IN GETTING INDIVIDUALS TO APPEAR.
WE CURRENTLY SPEND ABOUT 60 CENTS PER PIECE OF MAIL OR APPROXIMATELY $2,000 PER MONTH TO NOTIFY AND SEND NEW COURT DATES TO INDIVIDUALS WHO HAVE FAILED TO APPEAR IN COURT.
ADDITIONAL STAFF TIME, COST, AND RESOURCES, WILL HAVE TO BE EXPENDED TO MAKE UP FOR THE TWO OR MORE LETTERS OMNIBASE SENDS TO INDIVIDUALS WHO FAILED TO APPEAR. APPEAR. THE COURT'S CURRENT BUDGET WILL BE STRAINED TO SUSTAIN THE INCREASE IN COST, AND STAFFING WILL BE NEEDED IF WE DO NOT HAVE THE OMNIBASE SERVICES. THE PURPOSE OF THE FTA PROGRAM IS TO GET INDIVIDUALS TO APPEAR IN COURT, AND IF THEY ARE GUILTY, TO HOLD THEM ACCOUNTABLE TO OBEY TRAFFIC LAWS.
IF THEY'RE NOT GUILTY OF THE OFFENSE, THE PURPOSE IS TO CLOSE A CASE OUT SO THEY CAN GET ALONG WITH THEIR LIVES. AS WE HAVE DISCUSSED, A FINE IS NOT THE ONLY WAY TO HOLD INDIVIDUALS ACCOUNTABLE.
AS INDICATED, SPEEDING IS 28% OF ALL HOLDS SENT TO DPS BY SAN ANTONIO.
PUBLIC SAFETY IS IMPORTANT TO US, AND UPON YOUR CONSTITUENTS TO HOLD US ACCOUNTABLE FOR IT. I AM SURE WE ARE ALL AWARE THE TWO MOST RECENT TRAGIC ACCIDENTS INVOLVING SPEED IN SAN ANTONIO THE LAST COUPLE OF MONTHS. ON APRIL 4, A 21-YEAR-OLD MOTORCYCLIST WAS SPEEDING AND CRASHED INTO A CAR, RESULTING IN HIS DEATH.
ON MAY 7, NEAR CALHOON ROAD, 3 PEOPLE WERE HOSPITALIZED AFTER A SPEEDING DRIVER HIT THEM FROM BEHIND, TWO OF THE THREE INDIVIDUALS HOSPITALIZED WERE CHILDREN, AGES 2 AND 10. REGARDLESS OF SPEED.
IN THE MOST RECENT DATA FROM 2018 TO 2022 FROM TXDOT TRAFFIC FATALITIES OR DEATHS INCREASED 43% IN SAN ANTONIO, 43%. DURING THAT SAME PERIOD, TRAFFIC CRASHES COUNT IN SAN ANTONIO WAS OVER 196%.
ENFORCING COURT OBLIGATIONS AFTER RECEIVING A TRAFFIC CITATION ALONE DOES NOT NECESSARILY CHANGE BEHAVIOR, BUT IT DOES SPEAK TO ENHANCING PUBLIC SAFETY FOR OUR COMMUNITY.
THOUGH COURTS SHALL REMAIN IMPARTIAL BETWEEN ALL MATTERS BROUGHT BEFORE US AS WE'RE STEWARDS OF THE LAW AND PROCEDURAL JUSTICE AMBASSADORS WE'RE CHARGED WITH JUDICIAL CANONS IN THE ADMINISTRATION OF JUSTICE AND SPEAK, TEACH IN OPPORTUNITIES CONCERNING THE LAW, THIS INCLUDES STANDING HERE IN FRONT OF YOU TODAY AND ADVOCATING FOR THE IMPORTANT ADMINISTRATIVE TOOL THAT HELPS US FULFILL OUR CHARGE AS A JUDICIARY. THE COURT'S DRIVE SAFELY PROGRAM THAT JUDGE OBELIAD DOE HAS CHAMPIONED HAS CONSISTENTLY REMINDED ALL OF OUR RESIDENTS THROUGH A SERIES OF PUBLIC SERVICE CAMPAIGNS THE IMPORTANCE OF SAFE DRIVING COMPLIANCES AND LAWS. CHANGES IN THE FAILURE TO APPEAR PROGRAM DURING THE 88TH LEGISLATIVE SESSION REQUIRES AN UPDATED LOW CAL INTERCORROBORATION WITH DPS. THESE CHANGES CLARIFY RESPONSIBILITIES AND REQUIRE IMMEDIATE NOTIFICATIONS TO DPS UPON A FINDING OF INDEN GENERALSY. THE COURT RECOMMENDS THE MUNICIPAL COURT ADVISORY COMMITTEE TO THE ITEM 4 APPROVAL TO THE FULL CITY COUNCIL FOR CONSIDERATION AND POSSIBLE APPROVAL AT AN UPCOMING A SESSION. THANK YOU FOR YOUR TIME AND CONSIDERATION.
JUDGE O PLAY DOE AND I ARE AVAILABLE FOR ANY QUESTIONS.
>> MCKEE-RODRIGUEZ: THANK YOU. TODAY WE'RE NOT CONSIDERING WHETHER OR NOT WE'RE RENEWING A CONTRACT BUT RECEIVING A BRIEF ON OMNIBASE AS A TOOL IN OUR SYSTEM. COUNCIL WILL BE MAKING A VOTE REGARDLESS. I WILL ASK STAFF TO IDENTIFY ALTERNATIVES TO BRIEF US AHEAD OF THAT VOTE, BUT I WANT TO START OFF BY NAMING THAT THREE JURISDICTIONS EXITED
[00:40:01]
THEIR CONTRACT, HAIRS COUNTY, THE CITY OF AUSTIN AND DALLAS.AND WE CONDUCTED A STATUS TO CONSIDER THE TRENDS OF OMNIBASE HOLD AND SHOWED THAT 16.5% OF ALL CITATIONS ARE LIKELY TO BE -- MY BAD.
I'M USING THE WRONG NUMBER. I'LL GET BACK TO THAT.
UT THIS PROGRAM IS OF SPECIFIC INTEREST TO ME LARGELY BECAUSE ZIP CODES. 78202, 283, AND 280 ARE ALL IN DISTRICT 2 AND WHEN I WAS APPOINTED CHAIR, I HAD A GOOD CONVERSATION WITH THE MAYOR AND I ASKED HIM WHAT HE VIEWED MY CHARGE TO BE, AND AMONG THEM WAS FIND WAYS TO PROMOTE RESTORATIVE JUSTICE PRACTICES IN MUNICIPAL COURT SYSTEM AND MOVE OUR MUNICIPAL COURT SYSTEM INTO THE FUTURE, AND WE AGREE THAT AS WE'RE TRYING TO FIND WAYS TO REDUCE WORK FORCE DEVELOPMENT, JOB TRAINING, WE CAN'T AFFORD TO PLACE ANOTHER OBSTACLE IN FRONT OF OUR RESIDENTS. SO I CAN'T SUPPORT OMNIBASE, AND I THINK IT'S IMPORTANT TO DOUBLE DOWN ON THE EFFORTS, SO I'M PERSONALLY ASKING FOR CREATIVITY. I HEARD TODAY FROM MUNICIPAL COURT STAFF THAT THEY THINK THE PROGRAM IS NECESSARY TO BRING RESIDENTS TO COMPLIANCE, BUT I THINK THERE ARE ALTERNATIVES AND HOLDS ON DRIVER'S LICENSE TO ACHIEVE OUR GOALS, AND I REFUSE TO BELIEVE THAT OUR STAFF ISN'T CREATIVE ENOUGH OR RESOURCEFUL ENOUGH TO FIND A HEALTHY ALTERNATIVE. I REFUSE TO BELIEVE THAT OUR SYSTEM WOULD FALL APART IF OMNIBASE DIDN'T EXIST, AND THAT'S NOT THE CASE.
PEOPLE NEED THEIR DRIVER'S LICENSE TO GET ACCESS TO HOUSING, EDUCATIONAL OPPORTUNITIES AND WORK AND MANY OTHER SERVICES.
SO I WOULD AGAIN ASK STAFF TO LOOK AT ALTERNATIVE DIVERSION PROGRAMS SUCH AS THE FINANCIAL HEALTH PATHWAYS PROGRAM WHICH THERE'S A LETTER ON EACH OF OUR DESKS, IT'S PROVEN TO BE A BEST PRACTICE IN THE STATE OF TEXAS AND ASKING US TO PARTICIPATE AT NO COST TO SAN ANTONIO OR DEFENDANTS, AND THAT'S AN OPTION THAT WE HAVEN'T EXPLORED THAT I THINK IS WORTHWHILE, BUT I'LL HEAR COMMENTS FROM MY COLLEAGUES, STARTING WITH COUNCILMEMBER GAVITO.
>> ALDERETE GAVITO: THANK YOU, CHAIR, THANK YOU FOR THE PRESENTATION. I DO HAVE QUESTIONS I WANTED TO START OFF WITH. FIRST OFF, WHAT EFFORTS DOES THE COURT MAKE TO WORK WITH PEOPLE IF THEY COMMUNICATE THAT THEY CANNOT ATTEND THEIR HEARING, LIKE IF THEY DON'T HAVE A RIDE OR IF
THEY HAVE TO WORK. >> SO WE HAVE A NUMBER OF WAYS TO CONTACT THE COURT TO INCLUDE A CALL CENTER, EMAIL, LIVE CHAT, ONLINE SERVICES,
AND REGULAR MAIL. >> ALDERETE GAVITO: AWESOME. OKAY.
THANK YOU. >> YOU'RE WELCOME. >> ALDERETE GAVITO: ON SLIDE 4, I'M GLAD TO SEE THAT WARRANTS ARE REMOVED ONCE A CASE IS REFERRED TO OMNIBASE BECAUSE WE KNOW THAT THREAT OF INCARCERATION OR ACTUAL INCARCERATION IS A MAJOR BAYER.
IT'S NOT JUST AFTER ONE, BUT TWO FAILURES TO APPEAR THAT A CASE IS
SENT TO OMNIBASE; CORRECT. >> CORRECT.
AND THEN THAT'S NOT EVEN IMMEDIATE EITHER. >> ALDERETE GAVITO: OKAY.
>> AND JUST TO BE VERY CLEAR, WE HAVE NOT COMMITTED ANYONE TO JAIL FOR FAILURE TO PAY A TRAFFIC VIOLATION IN YEARS.
I CAN'T EVEN REMEMBER -- I CAN'T EVEN TELL YOU THE LAST TIME.
WE JUST DON'T DO IT. >> ALDERETE GAVITO: OKAY. NO.
THAT'S GOOD TO KNOW. THANK YOU. THANK YOU.ON SLIDE 9, I SEE THAT SPEEDING IS THE NUMBER OF 1S OF TO OMNIBASE, AND THANK YOU FOR ALL OF THAT INFORMATION. WE KNOW THE COST OF SPEEDING AND IRRESPONSIBLE DRIVING LEAD TO FATALITIES WHICH CAN TEAR APART INNOCENT FAMILIES. IN DISTRICT 7, IT'S BEEN LABELED ONE OF THE DEADLIEST STREETS IN SAN ANTONIO FOR PEDESTRIANS, SPEEDING HAS REAL WORLD DEADLY PERCUSSIONS, AND HOLDING DRIVERS ACCOUNTABLE CAN MAKE A LIFE SAVING DIFFERENCE. IN ADDITION TO SPEEDING, A NUMBER OF THE OTHER TOP CITATIONS ALSO INVOLVE DIRECT THREATS TO PEOPLE'S SAFETY.
SO TOOLS LIKE OMNIBASE ENSURE THAT PEOPLE WHO SPEED AND ENGAGE IN OTHER DANGEROUS BEHAVIOR ON THE ROAD ARE HELD ACCOUNTABLE TO THEIR ACTIONS. CAN YOU ALL TELL US ABOUT THE UTSA STUDY AND IF THE STUDY DETERMINED IF THERE WERE COMMUNITIES THAT WERE DISPROPORTIONATELY IMPACTED BY THIS PROGRAM.
>> DO YOU WANT TO TAKE THAT ONE? >> YES, COUNCILWOMAN, IF YOU DON'T HAVE A COPY OF THE STUDY, WE WOULD BE HAPPY TO FORWARD IT.
THE UTSA RESEARCHERS, THERE IS NO CORRELATION THAT IT'S IMPACTING A PARTICULAR GROUP OR DEMOGRAPHICS OR MINORITY GROUPS.
THEY ALSO LOOKED AT ANOTHER WAY TO LOOK AT THE ACTUAL HOLDS BEING PLACED. THERE IS NO LINEAR RELATIONSHIP BETWEEN INCOME, NOT UNTIL YOU GET TO THE HIGHER INCOME LEVELS OF $60,000 PLUS
[00:45:07]
THAT SHOWS AN INVERSE RELATIONSHIP BETWEEN THE HOLDS AND INCOME, BUT THERE -- IT'S USED ACROSS THE BOARD WITH NO DISCRIMINATION AS TO ANYPARTICULAR RACE OR ETHNICITY. >> ALDERETE GAVITO: OKAY.
SOUNDS GOOD. THANK YOU SO MUCH. I'M UNDER THE BELIEF -- AND ALSO I HEAR FROM RESIDENTS THAT IT IS NECESSARY FOR PEOPLE TO TAKE OWNERSHIP AND ACCOUNTABILITY FOR THEIR ACTIONS.
SO WHEN YOU RECEIVE A TICKET, YOU'RE AWARE OF THE COURT DATE, AND THERE ARE VARIOUS REMINDERS FOR THE DATE, AND THERE ARE ALSO MULTIPLE WAYS A PERSON CAN ATTEND THEIR HEARING BOTH IN PERSON AND VIRTUALLY. THIS IS A HOLISTIC SYSTEM THAT DOES NOT ESSENTIALLY RELY ON RECOUPING FUNDS WHICH -- IT ESSENTIALLY RELIES ON RECOUPING FUNDS, WHICH ESSENTIALLY GOES BACK TO SERVICES IN OUR COMMUNITY. THE PRESENTATION SHOWED US THAT MUNICIPAL COURTS ARE VERY MINDFUL OF BARRIERS AND HAVE PROCESSES IN PLACE TO MINE MISE THEM, SO THANK YOU SO MUCH FOR YOUR EFFORTS THERE.
AVOIDING PROBLEMS DO NOT MAKE THEM GO AWAY. I THINK WITH EDUCATIONAL PROGRAMMING THAT SERVES TO DETER FUTURE NONCOMPLIANCE, MUNICIPAL COURTS IS STRIKING A BALANCE BETWEEN REDUCING BARRIERS AND HOLDING PEOPLE ACCOUNTABLE. SO I'M IN SUPPORT OF CONTINUING THIS PROGRAM AND SENDING IT TO FULL COUNCIL FOR A VOTE. THAT'S ALL.
>> THANK YOU, COUNCILWOMAN. >> MCKEE-RODRIGUEZ: COUNCILWOMA
N CABELLO HAVRDA. >> CABELLO HAVRDA: THANK YOU, CHAIR.
THANK YOU FOR THE PRESENTATION, FRED -- FRED.
SORRY. AND JUDGE. JUST A COUPLE OF THINGS.
I THINK THERE'S KIND OF COMPETING NARRATIVES REGARDING THE FAILURE TO APPEAR PROCESS. I KNOW WE CLEARED THINGS UP TODAY, I KNOW IT'S BEEN CLEARED UP FOR ME, AND I KNOW SOME CONCERNS THAT HAVE BEEN BROUGHT UP TODAY. SPECIFICALLY THE TEXAS APPLESEED. I ALSO I UNDERSTAND THAT TODAY THE CITY IS RECOMMENDING TO APPROVE THE OMNIBASE, SO I HAVE A COUPLE OF QUESTIONS ABOUT CLEARING UP EXACTLY WHAT WE'RE GOING TO DO TODAY OR WHAT WE CAN DO TODAY, BUT I WANT TO JUST SHOW -- EXPRESS MY SUPPORT AND CONFIDENCE OF COURSE FOR OUR MUNICIPAL COURT SYSTEM. AND EVERY CITY AND COURT SYSTEM IS UNIQUE AND WE HAVE SPECIFIC NEEDS AND SOLUTIONS, OBVIOUSLY SPECIFIC TO OUR CITY, AND THEY'VE ADAPTED TO THE SYSTEM AND FILLED THE GAPS THAT MAKE THE SYSTEM WORK FOR SAN ANTONIO. THE JUDGES HAVE FULL DISCRETION, AND, JUDGE, CORRECT ME IF I'M WRONG AT ANY POINT, BUT FULL DISCRETION FOR LOWER NEEDS TO MEET THE NEEDS OF OUR COMMUNITY, INCLUDING WAIVING, DOWN TO 0, RIGHT, WELL, HOLD ON TO THAT.
I'VE PRACTICED IN MUNICIPAL COURTS, AND I'VE SEEN FIRSTHAND DISCRETION IN USE OF EVERY JUDGE I'VE BEEN IN FRONT OF, ESPECIALLY CLIENTS I HAVE THAT ARE INDIGENT, THE COMPASSION, CARE, CONCERN, AND HEARING OUT THE STORY WHY THEY CAN'T PAY, SO IT'S -- YOU KNOW, JUST SUPPORTING, YOU KNOW, OUR JUDGES AND THE SYSTEM AND SHOWING THE CONFIDENCE IN THEIR WORK, AND SPECIFICALLY, THEIR DISCRETION, WHICH I THINK IS VERY IMPORTANT HERE. NOW, HAVING SAID ALL OF THAT, DO WE NEED TO WORK BETTER AT HELPING FOLKS THAT UNDERSTAND THE PROGRAMS THAT WE HAVE FOR INDEN GENERALSY, AND YOU KNOW COUNCILMAN MCKEE RODRIGUEZ HAD A CONVERSATION ABOUT THE WORD INDIGENT, NOT EVERYONE KNOWS IF THEY CAN'T PAY, THAT APPLIES TO THEM.
DO WE NEED TO DO A BETTER JOB OF HELPING PEOPLE UNDERSTAND WHAT HAPPENS WHEN YOU APPEAR IN COURT BECAUSE SOME OF THEM ARE AFRAID TO APPEAR, IT MAY NOT BE FINANCIAL, THEY DON'T KNOW WHAT TO EXPECT.
AND THEN, YOU KNOW, I THINK ALSO THE FACT YOU COULD GET AN OCCUPATIONAL LICENSE IF YOU'RE NOT ABLE TO RENEW YOUR LICENSE IS IMPORTANT, BUT DOES A GENERAL PERSON UNDERSTAND WHAT THAT IS.
SO I THINK IN ALL OF THOSE REGARDS WE NEED TO DO A BETTER JOB OF HELPING OUR COMMUNITY TO UNDERSTAND THE PROGRAM AND THE OPPORTUNITIES AND THE OPTIONS THEY HAVE SO THAT THEY WILL APPEAR AND WE'RE NOT GOING DOWN THIS ROAD AT ALL. I THINK YOU MAY HAVE CLEARED IT UP IN THE PRESENTATION, BUT I WANT TO UNDERSTAND.
IT'S NOT A TEXAS ID. JUST A DRIVER'S LICENSE. >> ONLY TO RENEW A TEXAS DRIVER'S LICENSE. IT DOES NOT SUSPEND A DRIVER'S LICENSE.
>> CABELLO HAVRDA: OKAY, FRED, YOU TALKED ABOUT THE ROAD READY DOCKET AND YOU SAID 1300 SAN
ANTONIOS HAVE BEEN HELPED IN WHAT AMOUNT OF TIME. >> SINCE ITS INCEPTION
IN FISCAL YEAR 2022. >> CABELLO HAVRDA: OKAY. SO WE GOT A LETTER TODAY SAYING THAT -- FROM KATIE SORACO SAYING THERE'S NEARLY 88,000
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OUTSTANDING HOLD IN MUNICIPAL COURT; IS THAT CORRECT?DO YOU KNOW THAT NUMBER? >> YEAH. SO THAT NUMBER VARIES DAY-TO-DAY AS YOU -- I THINK CURRENTLY IT'S ABOUT 85,000, BUT YOU HAVE TO REMEMBER, THE NUMBER OF HOLDS THAT WERE PLACED -- IF YOU LOOK AT OUR TOTAL CITATION FALLING SINCE 1997 -- AND I DON'T KNOW ABOUT YOU, BUT IN 1997, I HAD BLACK HAIR AND A FULL HEAD OF HAIR, WE'VE ONLY -- 1% -- LESS THAN 1% HAD A HOLD PLACED ON THOSE CASES.
OF ALL THE CASES WE'VE FILED IN MUNICIPAL COURT.
THE 88,000 GOES ALL THE WAY BACK TO 1997, AND THE DATA THAT WE SHOWED UP THERE LOOKED AT AN 8 YEAR SNAPSHOT, WE COULD GO FURTHER BACK, BUT IT WAS 8 YEARS BECAUSE, REMEMBER, A PERSON RENEWS THEIR LICENSE, THEY CAN CONTINUE TO DRIVE SAFELY TO DOCTOR'S APPOINTMENTS, WORK, SCHOOL, FOR EIGHT YEARS, NOT UNTIL 60 DAYS BEFORE THEIR RENEWAL THEY'LL GET ANOTHER REMINDER IF THEY HAVEN'T SHOWN UP OR BEEN ARRESTED, AND THAT'S WHAT WE'RE TRYING TO AVOID, PEOPLE GETTING ARRESTED, SENDING THESE REMINDERS TO COME TO COURT. YOU SPOKE ABOUT THE MESSAGING. WE RECOGNIZE THAT, LIKE, THE LEGALESE OF THE STATUTES IS VERY HARD TO UNDERSTAND, SO ON OUR LETTERS, IT'LL SIMPLIFY IT AND SAY, YOU KNOW, COMMUNITY SERVICE, ASKING THE JUDGE TO DISMISS YOUR -- NOT ASSESS FEES. IT ACTUALLY EXPLAINS THE ALTERNATIVES IN MORE DETAIL INSTEAD OF USING LEGALESE.
>> CABELLO HAVRDA: DOES IT DEFINE INDEN GENERALSY. >> WE DON'T DEFINE IT BECAUSE IT WOULD FURTHER COMPLICATE IT AND MAKE THE LETTER TOO LONG, BUT IF THEY'RE NOT ABLE TO PAY, THEY CAN TALK TO THE JUDGE ABOUT OTHERS WAYS TO GET IT, COMMUNITY SERVICE OR SOME TYPE OF PROGRAM
THEY COULD GET INTO THAT DOESN'T INCLUDE MONEY. >> CABELLO HAVRDA: AND THAT'S IN THE CORRESPONDENCE THEY RECEIVE FROM THE COURT ONCE THEY'VE BEEN ISSUED A CITATION.
>> RIGHT. AND IN THE REMINDERS PRIOR TO THE COURT APPEARANCE DATE AND IN THE CITATION ITSELF THAT THERE'S ALTERNATIVES.
>> CABELLO HAVRDA: OKAY. WELL, YOU BRING UP ANOTHER ISSUE, AND THIS MAY BE OFF TOPIC, BUT WHAT ARE WE DOING TO CLEAR HOLDS SINCE 1997.
>> WE'RE DOING -- WE'RE WORKING ON THAT RIGHT NOW.
WE'RE GOING THROUGH ALL THE CASES JUST TO MAKE SURE THAT -- YOU KNOW, THAT PEOPLE HAVE NOT PASSED AWAY -- WE'RE DOING A REVIEW OF THOSE CASES AS WELL, AND JUST TO FURTHER EMPHASIZE FRED'S POINT, WE DO HAVE STAFF THAT LOOKS AT THE WORDING ON THE DOCUMENTS TO MAKE SURE THAT PEOPLE UNDERSTAND IT, AND, YOU KNOW, I HAVE A LETTER RIGHT HERE WHERE IT'S HIGHLIGHTED, AND IT'S EVEN FROM 2017, A LETTER THAT WAS SENT OUT IN 2017, ACTUALLY, TO ONE OF THE SPEAKERS THAT WAS HERE TODAY, AND IT HAS THAT LANGUAGE IN 2017, AND I KNOW THAT'S SOMETHING THAT IN A REPORT THAT APPLESEED DID IN 2021 THAT RECOMMENDED THAT COURTS DO THAT, AND WE'VE BEEN DOING IT FROM AT LEAST 2017, IF NOT BEFORE.
>> CABELLO HAVRDA: OKAY. AND ARE THE NUMBER OF HOLDS THAT YOU'VE DISCUSSED, IS IT ALL DRIVER'S LICENSE RENEWAL OR ARE THERE DIFFERENT
HOLDS. >> THE HOLD WE PLACE IS FOR THE DRIVER'S LICENSE ONLY, BUT THEY -- LIKE, THE TOP TEN OFFENSES -- LIKE NUMBER 5, DRIVING WITH A LICENSE INVALID, WE SENT THE HOLD -- THE INDIVIDUALS ARE ALREADY DRIVING WITH AN INVALID LICENSE, AND WE HAVEN'T PUT A HOLD ON THEM, BUT
WE PLACED A HOLD AT THAT TIME. >> CABELLO HAVRDA: OKAY.
WELL, THANK YOU FOR CLEARING UP SOME OF THOSE THINGS.
I REALLY DO UNDERSTAND, AGAIN, HAVING PRACTICED IN MUNI COURTS ON BEHALF OF MY CLIENTS, OF COURSE, THE CONCERNS THAT ARE COMING FROM COMMUNITY. BUT, AGAIN, I'VE ALWAYS BEEN -- I'VE ALWAYS HAD MY CLIENTS BEEN TREATED WITH RESPECT AND DIGNITY AND COMPASSION, AND SO I TODAY SUPPORT THE RECOMMENDATION. HOWEVER, I DO BELIEVE THAT WE NEED TO BE -- I AGREE WITH THE COUNCILMAN THAT WE NEED TO BE MORE CREATIVE WITH SOLUTIONS. I'M NOT SAYING YOU'RE NOT BEING CREATIVE, BUT WE HAVE TO PUSH HARDER, DO MORE, DO THE BEST WE CAN TO GET INFORMATION OUT AND HELP PEOPLE UNDERSTAND WHAT HAPPENS WHEN THEY APPEAR IN COURT, BECAUSE NO ONE ARGUES THERE ARE PEOPLE INTIMIDATED TO COME TO COURT, LETTER OR NO LETTER, AND WE NEED TO
FIGURE OUT HOW TO DO THAT. >> WE'RE ALWAYS GOING TO TRY NEW THINGS TO CONNECT TO OUR COMMUNITY.
>> CABELLO HAVRDA: THANK YOU SO MUCH, JUDGE, THANK YOU. >> MCKEE-RODRIGUEZ: THANK YOU,
COUNCILWOMAN CASTILLO. >> THANK YOU, AND THANK YOU, FRED FOR THE PRESENTATION. AND A COUPLE THINGS, DRIVEN BY DEATH, FAILURE TO APPEAR OMNIBASE STUDY, THE COUNCILMAN MENTIONED IT, IN SAN
[00:55:05]
ANTONIO, 88,000 PEOPLE HAVE HOLDS AND THAT'S FROM 1997.>> AS LONG AS WE'VE BEEN PARTICIPATING IN THE PROGRAM, SO ALL THE HOLDS AND RELEASES. I THINK THERE'S OVER 27,000 HOLDS THAT ARE OVER 8 YEARS OLD. AND AS THE JUDGE INDICATED, WE HAVE STAFF THAT'S LOOKING -- SOME OF THESE INDIVIDUALS MAY BE DECEASED OR THERE'S NEVER ANY DESIRE TO EVER GET A LICENSE BECAUSE IT'S BEEN SO LONG.
THE CASES ARE FROM 2001, 2002, BACK IN THE 90. >> CASTILLO: AND WHAT ARE THE EXPECTATIONS OF MUNICIPAL COURTS TO TEASE OUT FOLKS WHO ARE DECEASED OR FOLKS WHO DON'T HAVE
ACCESS TO THE DRIVER'S LICENSE. ANALYZING THAT DATA. >> WELL, WE'RE ALWAYS DOING THAT. CURRENTLY STAFF HAS TAKEN ON THAT PROJECT TO LOOK AT AGES AND TO LOOK FOR -- SEE IF THOSE PEOPLE ARE DECEASED.
>> CASTILLO: AND WHEN DID THAT WORK BEGIN. >> I'M SORRY.
>> CASTILLO: WHEN DID THE WORK BEGIN TO LOOK AT THE 88,000 INDIVIDUAL LICENSES.
>> IF WE COIF WE COULDGET THAT . THAT WOULD BE HELPFUL. I UNDERSTAND 88,000
IS. >> YEAH. WE'RE CONSTANTLY WORKING THAT, SO IT'S JUST VERY, VERY DIFFICULT TO GO EVERY SINGLE ONE OF THOSE HOLDS. AND THE ISSUE, TOO, THAT WE HAVE -- AND ALL COURTS FACE THIS, WE'RE LIMITED WITH INFORMATION BEING PROVIDED TO US.
LIKE IT'S WHAT'S CAPTURE BY THE OFFICER AT THE TIME OF THE STOP.
MANY TIMES AN ADDRESS GIVEN IS INCORRECT OR THE PHONE NUMBERS ARE INCORRECT, AND SO THE TEXT MESSAGING WE HAVE -- WE HAVE PHONE NUMBERS ON FILE AND EMAILS, TOO, WE SEND EMAILS AND GET RESOLUTION THAT WAY BECAUSE ONLINE RESOLUTION FOR TEXT
MESSAGES -- >> CASTILLO: THANK YOU, FRED. I DON'T MEAN TO CUT YOU OFF, THERE'S A CLOCK GOING ON AS WELL, BUT LOOKING AT THE DATA OF 88,000, MY DISTRICT HAS FOUR OF THE LARGEST AMOUNTS OF ZIP CODES IMPACTED WITHOUT LICENSES. AND, YOU KNOW, I'M ALL FOR ACCOUNTABILITY AND OWNERSHIP FOR ACTIONS, BUT WHEN I LOOK AT THE DATA, IT SEEMS LIKE IT PERPETUATES NONCOMPLIANCE, AND I THINK THE GOAL IS FOR COMPLIANCE AND FOR FOLKS TO APPEAR, AND LOOKING AT THE FISCAL YEAR 2016 THROUGH 2023 DATA, AND I UNDERSTAND THAT'S THE 8 YEAR LIFE EXPECTANCY OF A DRIVER'S LICENSE -- 61% ISN'T ENOUGH, THAT'S FAILING. AND I THINK THE GOAL SHOULD BE TO HAVE COMPLIANCE. AND SO I THINK WHEN WE LOOK AT THE DATA AND THE EXPECTATION THAT FOLKS ARE APPEARING TO COURT, WE SHOULD BE LOOKING AT ALTERNATIVES THAT ARE INDEED GETTING FOLKS TO SHOW UP TO COURT, AND THROUGH THE DISCUSSION HIGHLIGHTED BY SOME OF MY COLLEAGUES, I THINK SOME OF IT HAS TO DO WITH LEGALESE AND JUST NOT UNDERSTANDING THE PROCESS, AND I THINK THE PUBLIC COMMENTERS TODAY HIGHLIGHTING THAT INTERSECTION OF HOW IT COULD IMPACT HOUSING, AND WE SEE IT IN OUR FIELD OFFICE EVERY DAY, INDIVIDUALS NEEDING TO APPLY FOR UTILITY BUT THEY DON'T HAVE A VALID DRIVER'S LICENSE SO THEY CAN'T QUALIFY FOR THE SERVICES. AND IF WE SEE IT'S IMPACTING OTHER AREAS LIKE HOUSING, ACCESS, ACCESS TO WATER AND UTILITIES, WE HAVE A RESPONSIBILITY TO LOOK AT HOW WE COULD ENSURE THERE'S COMPLIANCE WITH THE PROGRAMS WE'RE SUPPORTING AND WITH THE COMMUNITY COURT BULLET POINT ON THE PRESENTATION, COULD YOU WALK ME THROUGH WHAT THAT COMMUNITY COURT LOOKS LIKE SPECIFICALLY FOR THESE TRAFFIC VIOLATIONS FOR THESE FOLKS THERE ARE A ALREADY -- FOR THE
88,000 PEOPLE WITH HOLDS ON THEIR LICENSES. >> WELL, THE COMMUNITY COURT IN GENERAL ARE FOR PEOPLE THAT ARE UNHOUSED OR THAT ARE LIVING IN A SHELTER OR THAT DON'T OTHERWISE HAVE A PERMANENT RESIDENCE.
WE HAVE A PARTNERSHIP WITH THE BEAR COUNTY SECOND CHANCE FOR SUCCESS PROGRAM, AND THE GOAL FOR THE COURT IS TO REMOVE ANY LEGAL BARRIERS TO STABILITY BY WORKING WITH PARTNER AGENCIES AND WE'RE NOT ASKING FOR ANY MONEY, WE JUST WANT TO MAKE SURE THAT THESE INDIVIDUALS ARE MAKING A GOOD FAITH EFFORT WITH WHATEVER AGENCIES AND PROGRAMS THAT THEY ARE WORKING WITH, AND WE WILL WORK WITH THEM.
WE WORK WITH ONE OF THE BEAR COUNTY DISTRICT HOMELESS COURT THERE, AND IF THERE'S ANYBODY THAT'S INVOLVED IN THAT PROGRAM THAT ALSO HAS TICKETS AT MUNICIPAL COURT, THOSE TICKETS ARE RUN CONCURRENT WITH WHATEVER THEY'RE DOING AT THE COUNTY COURT, WE ALSO HAVE A PARTNERSHIP WITH THE ESPERANZA COURT, THE HUMAN TRAFFICKING COURT AT
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BEAR COUNTY, AND THAT'S TO PUT AN END TO PROSTITUTION, ADDICTION, AND ARREST TO INDIVIDUALS THAT ARE ORDERED TO PARTICIPATE IN THAT PROGRAM, WE RUN CASES CONCURRENTLY WITH THEM AS WELL.>> CASTILLO: AND WITH REGARDS TO THE INDIN GENERALSY FORM, CAN YOU WALK ME THROUGH THAT PROCESS
OR. >> YES, WE COULD PROVIDE THAT FOR YOU, COUNCIL A.M., BUT WHAT ENDS UP HAPPENING IS THE JUDGE IS REQUIRED TO ASSESS ABILITY TO PAY AT THE ONSET AND SO THEY'LL DO THAT AT THE BEGINNING AND IF THE PERSON INDICATES THEY'RE ON ASSISTANCE, THAT ALONE
IS ENOUGH FOR A JUDGE TO -- >> CASTILLO: AND MY UNDERSTANDING IS THAT'S UP TO THE DISCRETION OF THE JUDGE, IS THAT SOMETHING THAT COULD BE A PRACTICE OF MUNICIPAL COURTS
THAT IT'S A SCREENING THAT TAKE PLACE. >> WELL, A LOT OF TIMES -- IT'S REALLY -- THE JUDGE CAN -- AND I WILL TELL YOU THIS FROM MY OWN PERSONAL EXPERIENCE. SOMETIMES IT'S JUST A CONVERSATION THAT YOU'RE HAVING WITH A PERSON THAT'S STANDING HAD IN FRONT OF YOU, THERE'S NOT A FORM THAT'S FILLED OUT, IT'S JUST A CONVERSATION THAT YOU'RE HAVING WITH SOMEBODY THAT'S STANDING IN FRONT OF YOU, AND A LOT OF TIMES, EVEN IF A PERSON DOESN'T -- YOU THINK THE PERSON MAYBE DOESN'T REACH THE THRESHOLD OF INI DID GENERALSY, AS LONG AS THEY'RE MAKING A GOOD FAITH EFFORT, THEY DON'T CONTINUE TO BE A PUBLIC SAFETY THREAT, WE WORK WITH EVERYBODY THAT COMES INTO COURT.
>> CASTILLO: AND DO YOU ALL TRACK HOW OFTEN DISCRETION IS USED?
>> NO. AND, COUNCILWOMAN, I WANTED TO ADDRESS SOMETHING YOU WERE MENTIONING EARLIER, COMPLIANCE.
THIS PROGRAM IS ABOUT APPEARANCE, NOT NECESSARILY COMPLIANCE.
AND IT'S DIFFICULT TO HELP SOMEBODY IF THEY DON'T APPEAR IN COURT, WE CAN'T HELP THEM IF THEY DON'T APPEAR IN COURT.
>> CASTILLO: THANK YOU FOR THAT, I GUESS I WOULD ARGUE THAT COMPLIANCE IS APPEARING IN COURT
AND FOLLOWING THE PROCESS. >> OKAY. >> CASTILLO: SO A COUPLE OF THINGS, RIGHT, JUST HIGHLIGHTING THAT OTHER CITIES HAVE DONE AWAY WITH OMNIBASE, AND I WOULDN'T SAY THEY'RE ANY LESS SAFE OR MORE SAFE THAN THE CITY OF SAN ANTONIO, AND THERE ARE ALTERNATIVES FOR US TO EXPLORE, AND, FRANK, CAN YOU REMIND ME OF THE COMMENT OR THE PIECE ABOUT HOW THIS MAY IMPACT THE MUNICIPAL COURT'S BUDGET IF THERE IS A CHANGE.
>> RIGHT. SO THE -- YOU KNOW, THE CHANGES -- LIKE, RIGHT NOW, ONCE WE SEND THE HOLD OUT, WE'LL SEND ANOTHER NOTICE OUT, LIKE, DURING A WARRANT RESOLUTION CAMPAIGN OR SOMETHING TO THAT EFFECT, BUT WE'VE EXHAUSTED ALL OF OUR CONTACTS, ALL OF OUR ADDRESSES, WE'VE EXHAUSTED EVERY EFFORT WE CURRENTLY HAVE TO MAKE CONTACT, ■TOGET THIS PERSON TO COME IN. SO THE HOPE WAS, IF THEY GET SOMETHING FROM DPS THAT SAYS, HEY, REMEMBER YOUR TICKET IN SAN ANTONIO, AND THAT COST -- THAT LABOR EXPENSE, THAT'S WHAT WE'RE SAVING, THE ADDITIONAL STAFF'S TIME TO PAY FOR THE ADDITIONAL RESEARCH THAT WOULD GO INTO PLACE TO MAKE CONTACT OR FIND THESE INDIVIDUALS. SO BASICALLY, THE POSTAGE, THE COST, THE PAPER COST, THE STAFF'S TIME TO PUT THOSE THING'S TODAY, AND WE KNOW DPS -- OR OMNIBASE SENDS AT LEAST TWO NOTICES OUT, IF NOT
MORE. >> CASTILLO: AND MI URNING IS IF THERE'S NO FEE FOR THE MUNICIPAL COURTS TO PARTICIPATE IN OMNIBASE, THERE'S $10 THAT THE MUNICIPAL COURTS GET AND THEN
OMNIBASE. >> NO. A TOTAL OF $10.
THE VENDOR GETS $6, THE CITY RETAINS $4. >> CASTILLO: OKAY.
THANK YOU. THANK YOU, CHAIR. >> MCKEE-RODRIGUEZ: THANK YOU,
COUNCILMEMBER PELAEZ. >> PELAEZ: SO THE WAY I'M APPROACHING THIS IS THE BALANCING OF INTERESTS; RIGHT? ONE IS THE VOICES THAT WE'VE HEARD TODAY AND IN WRITING ABOUT THE GRIEVANCES RELATED TO OMNIBASE AND UNINTENDED CONSEQUENCES OF HOW THE RUBBER HAS MET THE ROAD. BUT THE THE OTHER INTEREST THAT I'VE GOTTEN -- AND I'VE BEEN WRITING NOTES HERE AND TRYING TO SORT OF LIST WHAT WE NEED TO ACHIEVE, AND THAT IS I THINK THERE'S A LOT OF DATA OUT THERE THAT YOU HAVEN'T MINED YET, AND WHAT I'M HEARING YOU SAY IS THAT I THINK THERE'S A LOT OF OPPORTUNITIES TO MINE THAT, TO LEARN AND ALSO BETTER ANSWER OUR QUESTIONS; RIGHT? AND SO FOR EXAMPLE WHEN YOU SAY, YOU KNOW, YOU'VE GOT THOUSANDS OF CASES, BUT YOU DON'T KNOW IF THE PERSON HAS PASSED AWAY, AND YOU DON'T KNOW IF THE PERSON STILL NEEDS THEIR LICENSE, AND, YOU KNOW, I IMAGINE THAT THERE'S A VERY SIGNIFICANT NUMBER OF PEOPLE WHO HAVE PASSED AWAY, ARE SENIORS WHO NO LONGER DRIVE, RIGHT, AND QUITE HONESTLY DON'T CARE IF YOU TOOK THEIR LICENSE AWAY. I WOULD BE CURIOUS TO KNOW HOW MANY OF THOSE ARE IN THAT CROWD. THREE, STUDENTS FROM ALL
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OF OUR UNIVERSITIES WHO GRADUATED AND JUST LEFT TEXAS; RIGHT? AND, YOU KNOW, IF I WAS GRADUATING FROM UTSA AND I MOVED TO CHICAGO FOR MY JOB, I DON'T CARE IF YOU TOOK MY LICENSE AWAY, I'LL GET ONE IN ILLINOIS. AND SO -- HOW MANY MILITARY -- YOU KNOW, MEMBERS OF THE MILITARY HAVE TEXAS DRIVER'S LICENSE AND NOW LIVE IN GERMANY, KOREA, WHEREVER THEY'RE DEPLOYED. WHO HAVE BETTER THINGS TO DO THAN WORRY ABOUT IF THEIR LICENSE IN TEXAS NEEDS TO BE RENEWED BECAUSE THEY DON'T NEED IT. AND I HAVE A FEELING THERE'S THOUSANDS OF THOSE PEOPLE IN YOUR DATA BASE.WE DON'T KNOW WHAT WE DON'T KNOW. WHICH IS ADDITIONALLY IN ORDER TO DRIVE THE EFFICIENCY GAINS THAT ALL OF US WANT, RIGHT, WE NEED THAT DATA, RIGHT, SO THAT WE CAN CREATE LESS FRICTION BETWEEN THE DEFENDANTS AND CASE MANAGERS OR THE JUDGES OR THE COURTS OR YOUR BACK OFFICE FOLKS, RIGHT? SO THAT WE CAN REDUCE MISTAKES, SO THAT WE CAN IMPROVE QUALITY OF SERVICES, SO THAT WE CAN MAKE, YOU KNOW, THE LIFE CYCLE OF A CASE A LITTLE QUICKER, RIGHT? AND LESS OPPRESSIVE FOR THE PEOPLE WHO ARE GOING THROUGH IT, RIGHT? SO -- AND I THINK THAT WE CAN ACCOMPLISH ALL THAT, I REALLY DO, IF YOU, JUDGE, AND YOU, FRED, WERE GOING TO TALK TO BRIAN AT -- HE'S NOT HERE ANYMORE, OUR INNOVATION TEAM.
THIS IS LITERALLY WHY WE CREATED THAT DEPARTMENT, RIGHT, TO REALLY THINK THROUGH SOME OF THESE PUZZLES THAT CARRY SIX SIGMA NINJAS TO WORK THROUGH THE PROCESSES. AND NUMBER TWO IS TO WORK WITH CRAIG HOPKINS TO SEE IF THERE'S MORE TECHNOLOGY SOLUTION OUTS THERE THAT WILL HELP US SOLVE FOR THE QUESTIONS THAT I JUST RAN THROUGH WITH YOU. I DO THINK THAT THE OMNIBASE IS AN IMPORTANT TOOL FOR US TO KEEP USING AND YOU HAVE MY SUPPORT RIGHT NOW.
CLEARLY THERE'S A LOT OF ROOM FOR IMPROVEMENT. AND THE BAG OF ALL OUR IDS, OUR CITY IDS HAVE FOUR VALUES ON THEM AND ONE IS CONTINUOUS IMPROVEMENT.
SO I DON'T THINK YOUR JOB IS EASY AND GOD KNOWS I WOULD NEVER WANT IT, BUT I DO SEE YOU IN GOOD FAITH TRYING TO SOLVE THESE PROBLEMS, SO THANK YOU FOR THAT.
>> THANK YOU, COUNCILMAN. >> THANK YOU. WERE THERE ANY OTHER COMMENTS? I'LL CLOSE OUT BY SAYING COUNCIL WILL BE HEARING THIS ITEM IN AUGUST. AND I DO WANT TO BE CLEAR THAT WE DON'T CONFLATE THE OMNIBASE SYSTEM WITH OUR COURT SYSTEM. A CRITIQUE OF THE PRACTICING OF ISSUING A FAILURE TO 'APPEAR HOLD IS NOT A CRITIQUE OF THE SYSTEM, BUT RATHER AN IDENTIFICATION OF OPPORTUNITY FOR CREATIVITY. AND I'LL SAY THE NUMBER EARLIER THAT I WAS ABOUT TO MISSTATE. 16.5% OF ALL CITATIONS ARE ASSOCIATED WITH AN OMNIBASE HOLD AND THOSE THAT DO RESULT IN A HOLD ARE LIKELY TO BE YOUNGER AND POORER. BLACK AND LATINO CLIENTS ARE ALSO OVERREPRESENTED.
I WANT TO BE CLEAR THAT THE STUDY DID REVEAL THE AREA MEDIAN INCOME HAD A ROLE IN THIS, RIGHT NO AS INCOME DECREASES, THE RATE OF OMNIBASE HOLD INCREASES SO I THINK THAT WAS MISSTATED A LITTLE BIT EARLIER. I UNDERSTAND THE SENTIMENT THAT THERE ARE MORE HOLDS WHERE THERE ARE MORE VIOLATIONS AND THAT IMPLIES THAT MORE PEOPLE OF COLOR ARE OMNIBASE HOLDS BECAUSE THEY ARE COMMITTING OFFENSES AT RATES HIGHER THAN OTHERS. AND I THINK THE REALITY IS THAT OMNIBASE IS A PART OF A MUCH BIGGER SYSTEM THAT COMPARTMENTALIZES COMMUNITIES OF COLORS. SO I HEAR THAT JUDGES CAN REDUCE FEES AND CAN OFTEN WAIVE THEM. A PERSON HAS TO KNOW THAT, THAT THAT IS THE CASE WHEN THEY RECEIVE THEIR CITATION. MANY DON'T AND WILL NOT INTERACT WITH THE COURT SYSTEM IF THEY WORRY THEY CAN'T AFFORD IT.
WHEN WE DON'T USE CLEAR AND CONCISE LANGUAGE WE'RE DOING A DAMAGE TO OUR CONSTITUENCY. I WOULD LIKE TO SEE COURT STAFF HAVE FORMS THAT SAY WHAT PEOPLE'S RESPONSIBILITIES ARE AND EMPHASIZING THE OPPORTUNITIES FOR RELIEF AND HELP WILL BE PARAMOUNT IN THIS.
I THINK WE CAN ALSO -- IT WOULD BE GOOD PRACTICE TO SEE WHAT WE WOULD DOPPLER ANY BASE AND THERE ARE MODELS NOW IN DALLAS, HARRIS COUNTY AND THERE ARE MODELS COMPARABLE FOR SAN ANTONIO TO USE AS A GUIDE. SO AT OUR NEXT MUNICIPAL COURT MEETING WE'LL BE RECEIVING INFORMATION ON POTENTIAL ALTERNATIVES.
THAT BEING SAID, THE TIME IS NOW 12:18 AND OUR MUNICIPAL COURT MEETING IS ADJOURNED.
THANK YOU ALL SO MUCH.
* This transcript was compiled from uncorrected Closed Captioning.