Council Questions Police Chief on Implementation of Speed Cameras

None of the rancor and contentiousness that was present at previous public hearings was evident Tuesday night as Police Chief William McMahon and other officials outlined for the Howard County Council how a school zone mobile speed camera program might work. 

The council grilled the chief on everything from the selection process for the private contractor that will provide the vans and operate cameras, to who has the authority to determine how school zones are set. 

McMahon told the panel if it approved the proposed bill he planned to put out a bid for one contractor rather than multiple vendors to avoid the issue of having vendors blame each other for problems that may arise.

McMahon emphasized that the speed camera program would be in addition to sworn officers continuing to issue citations but noted the department doesn’t have enough officers to effectively tackle the problem of speeding in school areas.

 “We have not been able to maintain a consistent presence of officers at schools,” McMahon said. “This doesn’t mean you won’t see officers doing enforcement. These are tools.”

In fact, while technicians would set up the cameras and be in the vans, McMahon noted that by law all citations must be issued by sworn officers.

He also said that in implementing the program the department would ensure that motorists could require both the technician and officer involved in issuing the citation be present at court hearings.

The department has proposed a six-person staff, including four technicians, a supervisor and an administrative support person, operate the program. More than $900,000 is included in the county budget for staffing and operation of the proposed program.

“I think it’s a done deal,” said Julian Levy, 62, a county resident who testified against the bill authorizing the program at a previous hearing. “My problems are that (in the program) you’re guilty until proven innocent … I don’t think that's our judicial system. I think it’s a back-door tax.”

McMahon said the speed camera program would be more efficient and effective than officer-issued tickets. He explained that it takes an officer 15 to 20 minutes to issue one citation. “People know that an officer can be tied up with a single violator but the system could identify eight to 12 violators in an hour,” McMahon responded.

McMahon showed a citation issued in Baltimore County’s program to address some of the privacy concerns that have been raised by the council and residents. The image displayed a car being photographed for possible violation but also included a cyclist and others within the frame.

Councilwoman Jen Terrasa wanted to know if the scope of the image could be narrowed or images of people not being cited as speed violators could be blurred. Council Chairman Calvin Ball asked about how the images captured by speed cameras might be used in other legal situations and how long they would be retained.

The chief noted state law requires photos include the elements of the violation and other information such as license plates of the vehicle but said, “It doesn’t say it cannot include other things.”

McMahon said he understood some of the concerns but “when you’re on a public street you don’t have an expectation of privacy. The expectation of privacy doesn’t come and go with whether they’re committing a crime.”

However, he added that images would be kept only through adjudication or settlement. In addition, McMahon indicated photos where there were no citations issued would be kept no longer than 18 months. 

Council members also sought clarity on exactly what constitutes a school zone, seemingly concerned that the areas may not be as expansive as they should be to protect children walking to and from school.

“I think it’s a very important issue as to how we define school zones,” Terrasa said.

McMahon and Assistant County Solicitor James D. Vannoy explained that the public works department, not the police, is authorized to establish school zones. State law stipulates that school zones may be within a half a mile radius of a school even though people operate as if the zone exists just between signs near schools with flashing lights, Vannoy said.

“I’m not sure DPW has set all the school zones as much as they have set the flashing light zones,” Terrasa said.

McMahon told the panel not to expect immediate changes in speeding if the law is passed but said the department’s own study and others indicate speed have come down where similar programs have been implemented.

Councilmember Courtney Watson was not present for the two-hour legislative work session because of a schedule conflict, Ball said.

The council is slated to vote on CB-13 that includes the speed camera program on May 2.