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Campus Cops Say Fix Ticket Policy

(Click here to view the original thread on the MassCops Message Board)


Posted by: fscpd907

Fix ticket policy, campus cops say; State is taking away their right to write

By DAN DeLEO
The Patriot Ledger

Bridgewater State College campus police are blasting orders from the state to give up their motor vehicle citation books and quit writing tickets, enforcement tools officers say they need to battle everything from underage drinking to speeding to drunken driving.

The controversy stems from a new, stricter interpretation of state law, which does not explicitly give state college campus police officers the power to issue citations but does not deny them that authority either.

‘‘We've been issuing these citations for 38 years and it was never an issue,'' said Bridgewater State College campus Police Chief David H. Tillinghast. ‘‘Now, they're telling us we can't. And it's getting to the point where we won't have any citations left.''

Matt Shedd, president of the Massachusetts chapter of Mothers Against Drunk Driving, said the new policy makes no sense at a time when underage drinking and college binge drinking are making headlines nationwide.

‘‘We don't understand the logic here,'' Shedd said. ‘‘(On college campuses) there is such a high concentration of young people who are drinking and often driving, too.''

Campus police chiefs at state colleges in Framingham, Salem and Westfield agree. Some are rationing the few tickets they have left, only giving out warnings.

The ruling came down from the state Department of Public Safety several years ago, but campus police are just beginning to feel the effects of it because they are only now running low on citations. And their requests for more are being denied by the Registry of Motor Vehicles.

‘‘If (state college campus police) are still issuing motor vehicle citations, they are breaking the law and shouldn't be doing that,'' said Katie Ford, a spokeswoman for the state Office of Public Safety. ‘‘They should be enforcing campus parking violations only.''

Officials with the Department of Public Safety and the Registry say the new policy conforms to the strict reading of the law, which names only campus police appointed by trustees of the University of Massachusetts and trustees of Southeastern Massachusetts University as authorized to issue citations.

State college police chiefs are appointed by their respective school trustees.

Tillinghast said the new policy severely undercuts his force's ability to police a college campus where underage drinking is prevalent and drunken driving a persistent danger.

Bridgewater State College is the largest state college on the South Shore and houses more than 2,300 students in on-campus residence halls.

The 370-acre campus has miles of public roadway and about 4,000 parking spaces that typically turn over several times a day.

According to college crime statistics, last year there were 153 arrests on campus for liquor law violations and 71 for drug law violations.

Last year there were 10 arrests on campus for drunken driving.

Often, those arrests stem from routine traffic stops, Tillinghast said.

The citations also serve an important legal function, campus police chiefs say. The tickets serve as the legal documentation of the stop, and establish probable cause for the stop.

Some chiefs say their drunken driving arrests won't be taken seriously in court without a citation serving as the foundation for the arrest.

‘‘The court won't process an OUI arrest without a citation,'' said Framingham State College Police Chief Brad Medeiros, who has run out of tickets. ‘‘It's an imperative part of the process. This handcuffs us.''

Bridgewater State College police Lt. Glen Anderson added: ‘‘We can still make arrests, but our cases will be vulnerable; defense attorneys will pick it apart in two minutes.''

Motor vehicle citations can also trigger administrative action from the Registry of Motor Vehicles, such as automatic license suspensions.

The issue has caught the attention of some lawmakers including Sen. Mark Pacheco, D-Taunton. He plans to push a bill in the next legislative session that would give ticket-writing power back to state college campus police.

‘‘It seems like nothing more than a turf battle, and that does not serve the public,'' added Sen. Brian A. Joyce, D-Milton.

Salem State College police Capt. William Anglin said with his supply of citations dwindling, he too has instructed his officers to be judicious in their ticket writing.

‘‘We're being picky,'' Anglin said. ‘‘We're trying to hang on to them for as long as possible. But eventually we will run out of books. Maybe we'll just have to make up our own. But will that fly in a court of law?''

Dan DeLeo may be reached at ddeleo@ledger.com.

Copyright 2004 The Patriot Ledger
Transmitted Saturday, December 18, 2004



Posted by: Officer Dunngeon

Quote:
Originally Posted by fscpd907
‘‘It seems like nothing more than a turf battle, and that does not serve the public,'' added Sen. Brian A. Joyce, D-Milton.
Isn't that always the problem?



Posted by: fscpd903

I have taken it upon myself to email this article to my State Senator asking for his support, I suggest others do the same if we are serious about fixing this problem.



Posted by: Sgt.berniedo

Sounds like the RMV wants to cut their workload.



Posted by: ecpd402

I can't understand how something that help take drunk drivers off the road is stopped by the registry. Ill be writing to my state rep also an this matter it makes no sense



Posted by: Sgt_110

Several years ago at Holyoke Community College we asked our Chief/Director of Facilities for RMV citation books. His reply was along the lines of "you guys can't get them, but if they come, we'll see." He thought that was the end of it.

Long story short, the Massachusetts Registry of Motor Vehicles sent us, upon our request a BOX of Motor Vehicle Citation books. Our Chief/Director of Facilities was agast when they came.

He promptly put them into his office, kept telling us he was working with the Trustees to get permission to let us begin to use them. Then when he thought no one was looking...He sent them back to the RMV.

We continue to stop vehicles on the campus roadways, but it's a bitch to criminal complaint someone in for speeding, or to criminal complaint them for an accident. The clerk magistrate always asks where the M/V citation is...

The other thing we have to do is, as we are state property, is to call a Road Trooper in to cite the offender. After all, knowledge of one, is knowledge of all...And all that jazz.

The MSP Road Troopers just L-O-V-E being called off the big road to respond to a state college campus to cite an operator.

One would think that SPAM would get behind us on the RMV citation book issue. After all it's at the SPA that our new MSSPOs are taught about motor vehicle infractions and how to perform traffic stops. One less thing for the Road Trooper to have to do.



Posted by: fscpd907

I hope the article in today’s Patriot Ledger will raise public awareness in our efforts to maintain safe motor vehicle standards on state college property. I hope everyone will support Senator Brian Joyce and Senator Mark Pacheco on this very important public safety issue.



Posted by: michaelbos

> ONLY < in Mass



Posted by: mopar6972

I think its a AFSCME conspiracy to get us to look more like security guards than "real" cops.. I can see it now... well they cant write citations, so they must be security....



Posted by: luap112

OK I know I am probably going to shoot myself in the foot with this one but
What about 73/18 We always used that at my former campus because the trustees did appoint al CPO's to enforce traffic regs on the campus.



Posted by: mpd61

Quote:
Originally Posted by fscpd907
I hope the article in today’s Patriot Ledger will raise public awareness in our efforts to maintain safe motor vehicle standards on state college property. I hope everyone will support Senator Brian Joyce and Senator Mark Pacheco on this very important public safety issue.
State Rep Phil Travers is also looking into inserting the appropriate language into the statutes with research provided by our agency.




Posted by: WSC113

I have written to Madd concerning this issue and the Governor. I have only recieved a reply from Madd saying that they contacted the Registry Attorney and that the Registry Attorney wouldn't budge on the issue.

This issue shouldn't be just about Driving under the influence on College Campus, but about the whole community in which the college is located. I live and work in the same town as my college. I have family who lives in town, it bothers me to see all these College students leave at 11:30 p.m. and drive back at 3:00 a.m..

Over the past year or so we made several arrests for Opearting under the influence. When the subjects have consented to the breath tests their results were higher than .15.

Everyone knows that level that impairment is high. Driving a motor vehicle could result in deadly accident with the operator, passengers or the poor innocent person just coming home from work or on their way out. I am glad to see that the media has finally taken a pro-active stance and hopefully with eveyone assistance we can get this issue resolved before someone gets injured or killed. I am willing to take a stand on this issue, I have the letter that I sent to Madd, and the Governor and would be willing to email copies to any Police Officer who would like to send it to a Senator, Rep, ect. Be safe,



Posted by: Sgt.berniedo

I hate to say it, but it might take a couple of tragic events before they "see the light" on this matter. I remember writing tickets as a security guard back in 2000 at one place I worked. These were just handled by HR and did not go to the registry. I had to ticket the same guy five times for parking in a reserved spot. When I wrote the first one, he happened to come by his car while I wrote it. He sticks his chest out and gives me this attitude. Well, the next day, there is his car back in the same spot.
Finally I got the ok from HR to tell him to move his car or the wrecker would at his expense. I loved going into the plant, finding him and giving him the news.
I guess my point is, if it was a real ticket, he would not have been there the second time.



Posted by: TripleSeven

Quote:
Originally Posted by michaelbos
> ONLY < in Mass
I agree



Posted by: mpd61

This has been stated before but here goes.

Those STATE agencies that still have tickets and are SWORN police under CH.75 (Umass System) or CH.73/s.18 (State/Community System) just keep writing. The District Courts ARE still processing them, and the RMV is still posting court findings. The RMV has only stopped ISSUING ticket books to campus agencies.

The reference to the "Department of Public Safety" saying there's no specific authority for campus police to write tickets is misleading. There is no power under SSPO, but again, who cares? Most state college cops are Trustee-Appointed police and enforcing CH.90 under the above statutes.

I am sure this will be addressed/fixed by the legislature and then the RMV and DPS demi-gods can go pound sand.




Posted by: fscpd907

I sent a copy of the article to Massachusetts MADD Rep. Barbara Harrington and posted her response below.

================================================== =====================
From: Barbara Harrington bharrington@maddmass.org

Thank you for sending the article. I have had many conversations with Lt. Anderson in Bridgewater, and have been trying to discuss the issue with the RMV and GHSB. They are non-responsive at this point. I suggested that Bridgewater take it to the press.
You might write a letter to the editor further explaining the dilemma and the dangers to students and the community presented by this strange decision.

As soon as the legislature sets up its committee leadership, I suggest that you approach them and your own area legislators for help. You need to work together and we will help you up to our capacity to do so.



Posted by: HELPMe

Quote:
Originally Posted by ecpd402
I can't understand how something that help take drunk drivers off the road is stopped by the registry. Ill be writing to my state rep also an this matter it makes no sense
This is just my speculation but maybe the RMV got too many complaints about BS tickets being written. This would cause the RMV to rethink giving campus police powers to ticket. Somebody must have given someone a ticket and brought that to the state legislature to contest having campus police having ticketing powers.

I dont see how it hinders that many colleges. Most state colleges aren't that big i know framingham state doesn't have that many road ways to patrol. There is the acess rd of rt 9 and then 126 and the varied parking lots around the campus but nothing that large. How much traffic flows through campus? I haven't seen alot, but then again i dont know FS boundaries for jurisdiction. Most colleges in Boston have less then a mile in roadways. Simmons, Mass art, etc. The only large colleges such as Northeastern, BC, BU, Berkeley may be hindered but if you are a student in Boston chances are you wont be bringing a car with you.

I do agree that this does hinder the process of taking drunk drivers off the road. However, it makes you wounder why the RMV and mass state legislature has gone this route



Posted by: mpd61

Quote:
Originally Posted by HELPMe
[
This is just my speculation but maybe the RMV got too many complaints about BS tickets being written. This would cause the RMV to rethink giving campus police powers to ticket. Somebody must have given someone a ticket and brought that to the state legislature to contest having campus police having ticketing powers.

I do agree that this does hinder the process of taking drunk drivers off the road. However, it makes you wounder why the RMV and mass state legislature has gone this route
You just don't get the previous posts. The Legislature gives authority through statutes (CH.75/CH.73/etc) to state agencies to appoint Police Officers. These cops are further empowered by statute to enforce traffic laws. The RMV has only stopped issuing tickets to certain agencies due to their own strict interpretation of CH.90C s.1(Definitions) The Registry of Motor vehicles DOES NOT grant authority to police officers. The LEGISLATURE does by Statute(s)

Again lets look at the Department of Public Safety. Special State Police Powers under CH.22C Don't grant any CH.90 powers to any Agency. If you go back to CH.90C s.1, however, DMR/DMH Campus Police are defined as "Police Officers" by the RMV. Is this some sort of disparity? You bet your hind quarters it is.

Most private colleges are screwed;
1. They are NOT mentioned ANYWHERE by statute. (regards to CH.90)
2. Most are NOT employed by governmental agency/entity.
Unless they are specials in a town or, (cough cough) get tickets from sheriffs,
they are out in the cold.

HAPPY HOLIDAYS from your RMV


The RMV has chosen to "go this route" as you put it. The Legislature is NOT GUILTY.



Posted by: jo

Go the the RMV web site and down load the form marked RMV Complaint of Improper Operation. Now I know this is not a citation however if everyone started flooding RMV with hearings maybe they would push the work- load back to the courts.



Posted by: Capt. Kirk

I can't belive this. What a crock. I go to Massasoit CC and the officers there are very active( just my observation)about any kind of M/V citations, as it should be. I can't tell ya how many times I have seen these kids fly at like 50 in a 20 zone. This kind of enforcement is needed so that these idiot kids realize their car is not a toy.



Posted by: fscpd903

Quote:
Originally Posted by HELPMe
Quote:
Originally Posted by ecpd402
I can't understand how something that help take drunk drivers off the road is stopped by the registry. Ill be writing to my state rep also an this matter it makes no sense
This is just my speculation but maybe the RMV got too many complaints about BS tickets being written. This would cause the RMV to rethink giving campus police powers to ticket. Somebody must have given someone a ticket and brought that to the state legislature to contest having campus police having ticketing powers.

I don't see how it hinders that many colleges. Most state colleges aren't that big i know framingham state doesn't have that many road ways to patrol. There is the acess rd of rt 9 and then 126 and the varied parking lots around the campus but nothing that large. How much traffic flows through campus? I haven't seen ala lotbut then again i don't know FS boundaries for jurisdiction. Most colleges in Boston have less then a mile in roadways. Simmons, Mass art, etc. The only large colleges such as Northeastern, BC, BU, Berkeley may be hindered but if you are a student in Boston chances are you wont be bringing a car with you.

I do agree that this does hinder the process of taking drunk drivers off the road. However, it makes you wounder why the RMV and mass state legislature has gone this route
I disagree, I believe it does hinder the smaller colleges, you are correct that some of the colleges don't have a lot of roadways but this isn't all about speeding!! FSC has several one ways, crosswalks, do not enters and stop signs on the state owned property. Its pretty bad when you can sit in a fully marked cruiser at a stop sign and people blow right through it!! Sure you can stop them and advise them, but what happens when the operator is drunk, suspended, attaching plates or is committing any other type of violation? Its also happened before where some idiot is parked in a parking lot passed out with the car running and you have to PC them!! So yes it does hinder that many colleges.

And our jurisdiction includes State St, Maple St, Maynard Rd, Part of Franklin, Winter, Salem End, Main, High and Union Ave, although we would be acting under our Deputy Sheriff powers in those instances.



Posted by: fscpd903

this is from from securityoncampus.org. This site was founded by Howard and Connie Clery (The Clery Act). One more strong organization that can help us:

Dear Massachusetts Campus Police Officers,

We at Security On Campus, Inc. have been contacted several times in the last
few days about the inability of campus police at public colleges to legally
issue motor vehicle citations, and want to help. Additionally, from messages
posted the Special State Police list it appears that officers at private
schools are also unable to issue such citations, and possibly never have
been able to do so.

SOC strongly believes that campus police should be equally as empowered as
their off-campus counterparts to do their jobs, and fully enforce the law.
This includes the power to issue moving citations.

We would be happy to help secure the passage of legislation that would
ensure that campus police at both public and private colleges and
universities can issue motor vehicle citations. Based on news coverage it
appears that legislation will be considered that will do that for public
schools.

What would be helpful for us to have is information about what form this
legislation will take, and what kind of support will be needed to help
secure its passage. We'd also like to know if there is interest on the part
of SSP's at private colleges in obtaining this power, and if this language
could be added to the legislation.

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-maildcarter@securityoncampus.org



Posted by: HELPMe

Quote:
Originally Posted by mpd61
Quote:
Originally Posted by HELPMe
[
This is just my speculation but maybe the RMV got too many complaints about BS tickets being written. This would cause the RMV to rethink giving campus police powers to ticket. Somebody must have given someone a ticket and brought that to the state legislature to contest having campus police having ticketing powers.

I do agree that this does hinder the process of taking drunk drivers off the road. However, it makes you wounder why the RMV and mass state legislature has gone this route
You just don't get the previous posts. The Legislature gives authority through statutes (CH.75/CH.73/etc) to state agencies to appoint Police Officers. These cops are further empowered by statute to enforce traffic laws. The RMV has only stopped issuing tickets to certain agencies due to their own strict interpretation of CH.90C s.1(Definitions) The Registry of Motor vehicles DOES NOT grant authority to police officers. The LEGISLATURE does by Statute(s)

Again lets look at the Department of Public Safety. Special State Police Powers under CH.22C Don't grant any CH.90 powers to any Agency. If you go back to CH.90C s.1, however, DMR/DMH Campus Police are defined as "Police Officers" by the RMV. Is this some sort of disparity? You bet your hind quarters it is.

Most private colleges are screwed;
1. They are NOT mentioned ANYWHERE by statute. (regards to CH.90)
2. Most are NOT employed by governmental agency/entity.
Unless they are specials in a town or, (cough cough) get tickets from sheriffs,
they are out in the cold.

HAPPY HOLIDAYS from your RMV


The RMV has chosen to "go this route" as you put it. The Legislature is NOT GUILTY.
You are correct i didn't understand fully the relationship between RMV and campus police. I thought officers got there tickets from the town they worked in not the RMV. My bad. I am no PO so i am not totally sure how the process works. I was just offerering speculation as to why they might have stopped issuing Campus Police tickets.



Posted by: metrowestblues

Nice job by the RMV spokeswoman stating in the article that campus police should not have been ticketing at all....now you will have droves of people appealling to the court - even for OUIs on campus - stating that their tickets should be thrown out.

Also - I live very close to Framingham State. I see MV violations all the time near the campus...and, you guessed it, many times students are behind the wheel. We need the extra layer of traffic enforcement campus officers provide...I will be contacting my legislator about this matter.

Thanks brother/sister officers at Fram. State for the good work you do in my neighborhood!



Posted by: Rockwell

Quote:
Originally Posted by fscpd903";p=&quot View Post
this is from from securityoncampus.org. This site was founded by Howard and Connie Clery (The Clery Act). One more strong organization that can help us:

Dear Massachusetts Campus Police Officers,

We at Security On Campus, Inc. have been contacted several times in the last
few days about the inability of campus police at public colleges to legally
issue motor vehicle citations, and want to help. Additionally, from messages
posted the Special State Police list it appears that officers at private
schools are also unable to issue such citations, and possibly never have
been able to do so.

SOC strongly believes that campus police should be equally as empowered as
their off-campus counterparts to do their jobs, and fully enforce the law.
This includes the power to issue moving citations.

We would be happy to help secure the passage of legislation that would
ensure that campus police at both public and private colleges and
universities can issue motor vehicle citations. Based on news coverage it
appears that legislation will be considered that will do that for public
schools.

What would be helpful for us to have is information about what form this
legislation will take, and what kind of support will be needed to help
secure its passage. We'd also like to know if there is interest on the part
of SSP's at private colleges in obtaining this power, and if this language
could be added to the legislation.

********************************
S. Daniel Carter
Senior Vice President
Security On Campus, Inc.
http://www.securityoncampus.org/
e-maildcarter@securityoncampus.org
how about this ?

CHAPTER 22C. THE DEPARTMENT OF STATE POLICE.

Chapter 22C: Section 63. Employees of colleges, universities, other educational institutions and hospitals; appointment as special officers. DRAFT LANGUAGE


The colonel may, upon such reasonable terms and conditions as may be prescribed by him, at the request of an officer of a college, university, other educational institution or hospital licensed pursuant to section fifty-one of chapter one hundred and eleven, appoint employees of such college, university, other educational institution or hospital as special state police officers. Such special state police officers shall serve for three years, subject to removal by the colonel, and they shall have the same authority and duties as a police officer appointed under Chapter 41 section 98 of the Massachusetts General Laws including the authority to make arrests for any criminal offense committed in or upon lands or structures owned, used or occupied by such college, university, or other institution or hospital, including non-institution property contiguous for 500 feet in every direction and while traveling to and from said owned, leased and used property.

Each application for appointment as a special state police officer or a renewal thereof shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

The colonel may promulgate such rules and regulations as may be necessary to ensure proper standards of skill. Said rules and regulations shall conform to the provisions of chapter thirty A.



Posted by: Mitpo62

Isn't there suppose to be a sentence that reads something like "except serve civil process", i.e., Chap. 90 tickets? Without pulling up 22/63 just a guess.



Posted by: dcs2244

Just what is a "BS ticket", HELPMe? I've dropped idiots for headlight alignment and made an arrest as a result...is that a BS ticket? Perhaps a plate light violation would qualify...or plastic lens covering the plate...or registration sticker in the wrong corner of the plate?

Obviously we're not going to issue a money cite for minor stuff: nothing wrong with a warning, though, if nothing untoward turns up!

As far as CPO's enforcing C90: if the campus police are armed and have attended a full academy, then they should have the right to issue "real tickets", regardless if they are state or private college departments. That would wipe the smirks off the smarmy rudents/profs faces real quick! "And enjoy your insurance surcharges, too, sir"!



Posted by: Irishpride

Quote:
Originally Posted by dcs2244";p=&quot View Post
As far as CPO's enforcing C90: if the campus police are armed and have attended a full academy, then they should have the right to issue "real tickets", regardless if they are state or private college departments.
So are you also against part time police officers in towns enforcing Chp. 90 since most only have the R/I academy?



Posted by: Macop

First of all that is the way 22/63 should read. And secondly I agree if you are carrying a gun you should be enforcing ALL the laws, but f/t academy, last I knew there are thousands of p/t cops across the state who went to the p/t academy that enforce all laws. So I guess I'm saying that if 22/63 were changed the reserve academy would be fine for CPO to enforce CH 90 until the SSPO can be restructured to include Ch 90. Or until the MPTC stopps acting like jerks and lets campus cops go thorugh the MPOC. However anyone who has gone to the f/t class knows you dont need to sit in class to learn CH 90. Just read the dam book and be able to read and recognize violations, I had 4 or 5 classes of doing that in the academy and it was useless.



Posted by: mpd61

WHOA!!!!!!!!!!!!!!!!!

Rockwell.....................
That Language is the sh*t! It really rocks. However, the tie in to full municipal police powers under CH.41 by the Colonel of the State Police under CH.22C is what will make everybody balk at it!!!!!

We are trying for clear, unambiguous language in relation to CH.90 for Campus Police. Your attempt is admirable and shows clear precise language. Unfortunately, this is Massachusetts and you're reaching for way too much.



Posted by: WSC113

Lets not forget that OUI is a criminal offense. Just because we don't have the RMV to assists us in citation for CIVIL INFRACTIONS doesn't mean we can't stop MV's. BUT YOU CAN STILL STOP FOR CRIMINAL OFFENSE's A case in point.

Observe a vehicle being operated on a public way, and the vehicle is swerving over the solid marked lanes ect. You can still stop the vehicle based upon your observations on reasonable suspicion that you believe that the operator of the vehicle may be inpaired by alcohol or narcotics. Just because the RMV is being stubbon doesn't mean that we have to stop doing are jobs.

I like that quote above about the BS ticket. I believe that there is no such thing as a BS ticket. A motor vehicle stop for MINOR OFFENSEs is usually just used as a way to check the vehicle out. I have had a lot of stops based upon a rear license plate lights out and have either taken a Drunk off the road or have seized a large amount of narcotics.



Posted by: SSPO#11

I just don't agree with you guys about the gun issue. Are you saying that Westfield State and Bridgewater State should enforce Chapter 90 because they carry? And Framingham State should not enforce it because they are gun-less? That does not make sense at all. I agree that there is an officer safety issue with stopping MV's without a firearm but I think it's the individual Officer's choice.

And I am getting sick of this FULL TIMEACADEMY, reserve academy, SSPO academy crap. I am sick of the ignorance of people who go to the full time academy thinking that they are better than everyone else. That shit needs to end. The SSPO's go through the #2 Ranked police academy in the country....not just anyone can get through that. It takes desire, commitment, and a will to be a police officer to graduate from New Braintree.

A Police Officer is a Police Officer no matter if you work from a hospital, college, town, or anywhere. We all put the uniform on everyday and hope to god that we come home at night.

#11



Posted by: fscpd903

Quote:
Originally Posted by WSC113";p=&quot View Post
Lets not forget that OUI is a criminal offense. Just because we don't have the RMV to assists us in citation for CIVIL INFRACTIONS doesn't mean we can't stop MV's. BUT YOU CAN STILL STOP FOR CRIMINAL OFFENSE's A case in point.

Observe a vehicle being operated on a public way, and the vehicle is swerving over the solid marked lanes ect. You can still stop the vehicle based upon your observations on reasonable suspicion that you believe that the operator of the vehicle may be inpaired by alcohol or narcotics. Just because the RMV is being stubbon doesn't mean that we have to stop doing are jobs.

I like that quote above about the BS ticket. I believe that there is no such thing as a BS ticket. A motor vehicle stop for MINOR OFFENSEs is usually just used as a way to check the vehicle out. I have had a lot of stops based upon a rear license plate lights out and have either taken a Drunk off the road or have seized a large amount of narcotics.
I agree with a portion of what you are saying, however we still need the books to actually charge someone with OUI. Maybe its different where you are but here the court will not process an OUI without the citation which acts as the crim ap. Its still the same if your using your Sheriff powers on the town owned roads. There is already case law that says OUI is a breach of the peace which gives us the power to stop the vehicle under our sheriff powers, but again, no book. So then you have to call the town and have them bring you a book. Pretty absurd if you ask me.



Posted by: fscpd903

Quote:
Originally Posted by SSPO#11";p=&quot View Post
I just don't agree with you guys about the gun issue. Are you saying that Westfield State and Bridgewater State should enforce Chapter 90 because they carry? And Framingham State should not enforce it because they are gun-less? That does not make sense at all. I agree that there is an officer safety issue with stopping MV's without a firearm but I think it's the individual Officer's choice.

And I am getting sick of this FULL TIMEACADEMY, reserve academy, SSPO academy crap. I am sick of the ignorance of people who go to the full time academy thinking that they are better than everyone else. That shit needs to end. The SSPO's go through the #2 Ranked police academy in the country....not just anyone can get through that. It takes desire, commitment, and a will to be a police officer to graduate from New Braintree.

A Police Officer is a Police Officer no matter if you work from a hospital, college, town, or anywhere. We all put the uniform on everyday and hope to god that we come home at night.

#11
Well my said fellow SSPO classmate!! Its a pretty thoughtless statement to say you should only be enforcing Ch90 if you have the full time academy. Most part time town cops only have the Reserve / Intermittant Academy and they enforce Ch90. I work full time at a college part time in a town, I am a graduate of both the SSPO Academy and the Reserve / Intermittant Academy but I only get a book in the town ???

Only in Mass !!!



Posted by: jo

Quote:
Originally Posted by fscpd903
Quote:
Originally Posted by SSPO#11";p=&quot View Post
I just don't agree with you guys about the gun issue. Are you saying that Westfield State and Bridgewater State should enforce Chapter 90 because they carry? And Framingham State should not enforce it because they are gun-less? That does not make sense at all. I agree that there is an officer safety issue with stopping MV's without a firearm but I think it's the individual Officer's choice.

And I am getting sick of this FULL TIMEACADEMY, reserve academy, SSPO academy crap. I am sick of the ignorance of people who go to the full time academy thinking that they are better than everyone else. That shit needs to end. The SSPO's go through the #2 Ranked police academy in the country....not just anyone can get through that. It takes desire, commitment, and a will to be a police officer to graduate from New Braintree.

A Police Officer is a Police Officer no matter if you work from a hospital, college, town, or anywhere. We all put the uniform on everyday and hope to god that we come home at night.

#11
Well my said fellow SSPO classmate!! Its a pretty thoughtless statement to say you should only be enforcing Ch90 if you have the full time academy. Most part time town cops only have the Reserve / Intermittant Academy and they enforce Ch90. I work full time at a college part time in a town, I am a graduate of both the SSPO Academy and the Reserve / Intermittant Academy but I only get a book in the town ???

Only in Mass !!!
As most of you are SSPO and Deputy Sheriffs is the registry commiting a crime by not giving you citations?

Chapter 37 Section 13

They May require SUITABLE AID in the execution of their office in a criminal case, in the preservation of the peace, in the apprehending or securing of a person for a breach of the peace and in cases of escape or rescue of persons arrested on civil process. I would think suitable aid would consist of the forms necessary to complete an oui arrest which is a criminal case.



Posted by: DC813

That 22C/63 language wil never happen. The reason is this...those SSPO powers cover employees at private hospitals, universities etc. The commonwealth does not like granting power to private police forces. If the commonwealth wanted 22C/63 to give all recipients full police powers it would have written that. 22C/63 is not an old statute, it was a revision of hte "special police statute" that used to be contained in Chapter 147.

State college and community college as well as UMASS police are granted full police power via 73/18 (state and community) and 75/32A(UMASS) to enforce motor vehicle regulations on their respective property and refers to the officers in the employ of the institutions as having the "the powers of police officers" which is very different from "...shall have the same power as regular police officers to make arrests..." that 22C/63 states.

The issue is an administrative one. 90C/1 doesn't recognize state and community college chiefs under the Chief of Police definition for the statute. Therefore the RMV won't issue them because it states that they don't have to give it to anyone not stated in the law. State and community college officers are trying through these bills to have the ability to receive the actual ticket books, not any additional power. College police officers however, do fit the definition of police officer which is "any officer authorized to serve criminal process".

And for those that erroneously say that we don't have the power and are trying to get it. I'll leave you with this....in the definition section of 90C/1, UMASS officers are referred to by their statute: 75/32A which is the exact word for word statute that state and community colleges enjoy under 73/18, with the exception of stating the respective type of institutions, both statutes are exactly the same.

It's not a bill to receive the power, it's a bill to get the books....the RMV and the EOPS is using this administrative loophole as a way to screw college police in the pursuit of further turf wars.

Private college police have never been granted the power by the legislature to control the movement of vehicles on their respective campuses.



Posted by: frank

Quote:
Originally Posted by jo";p=&quot View Post
Go the the RMV web site and down load the form marked RMV Complaint of Improper Operation. Now I know this is not a citation however if everyone started flooding RMV with hearings maybe they would push the work- load back to the courts.
I used one of those forms a few years ago when some moron in a Lumina with the 'school bus' sign on the roof and pupil plates was driving like an idiot on 128...25 or 30+, weaving through lanes, tailgating, etc.

Granted, I'm not a PO, but I'm not sure that the registry even follows up on these. I never heard a peep back from the registry.



Posted by: KozmoKramer

Damn High Falutin Campus Cops And Thier Ticket Writing Proclivities...
...Wish I Was There With Ya...



Posted by: mpd61

Quote:
Originally Posted by DC813";p=&quot View Post
That 22C/63 language wil never happen. The reason is this...those SSPO powers cover employees at private hospitals, universities etc. The commonwealth does not like granting power to private police forces. If the commonwealth wanted 22C/63 to give all recipients full police powers it would have written that. 22C/63 is not an old statute, it was a revision of hte "special police statute" that used to be contained in Chapter 147.

State college and community college as well as UMASS police are granted full police power via 73/18 (state and community) and 75/32A(UMASS) to enforce motor vehicle regulations on their respective property and refers to the officers in the employ of the institutions as having the "the powers of police officers" which is very different from "...shall have the same power as regular police officers to make arrests..." that 22C/63 states.

The issue is an administrative one. 90C/1 doesn't recognize state and community college chiefs under the Chief of Police definition for the statute. Therefore the RMV won't issue them because it states that they don't have to give it to anyone not stated in the law. State and community college officers are trying through these bills to have the ability to receive the actual ticket books, not any additional power. College police officers however, do fit the definition of police officer which is "any officer authorized to serve criminal process".

And for those that erroneously say that we don't have the power and are trying to get it. I'll leave you with this....in the definition section of 90C/1, UMASS officers are referred to by their statute: 75/32A which is the exact word for word statute that state and community colleges enjoy under 73/18, with the exception of stating the respective type of institutions, both statutes are exactly the same.

It's not a bill to receive the power, it's a bill to get the books....the RMV and the EOPS is using this administrative loophole as a way to screw college police in the pursuit of further turf wars.

Private college police have never been granted the power by the legislature to control the movement of vehicles on their respective campuses.
WHOA!!!!!!!!!!!!!!!!!

Rockwell.....................
That Language is the sh*t! It really rocks. However, the tie in to full municipal police powers under CH.41 by the Colonel of the State Police under CH.22C is what will make everybody balk at it!!!!!

We are trying for clear, unambiguous language in relation to CH.90 for Campus Police. Your attempt is admirable and shows clear precise language. Unfortunately, this is Massachusetts and you're reaching for way too much.

As you can clearly see, Most of us DO get it. The RMV Doesn't. DC813 reiterates in concise and truthful language what the WHOLE STORY is in relation to the Campus police ticket issue. Thanks DC813!!!!!!!!!!!!!!!

jo,

your reference to CH.37 s.13 is out of left field. Nobody is going to charge the Registrar of Motor Vehicles with failure to aid in the context of not issuing ticket books. Nice way to exercise your cognitive abilities, but you're not in the right section. People need to stay focused on proper language in the proper relative statutes. Otherwise go get a loan and go to law school. YIKES!!!!!!!!!!!




Posted by: Wolfman

Quote:
Originally Posted by SSPO#11";p=&quot View Post
I agree that there is an officer safety issue with stopping MV's without a firearm but I think it's the individual Officer's choice.
"Reality check, aisle 11..."

You stop cars without being armed, you are a DUMBASS, plain & simple. Doesn't matter where you got your training or who signs your check. Lives have been lost for just this reason - SSPO, please tell me you wouldn't stop a vehicle without being armed?



Posted by: mpd61

Quote:
Originally Posted by VOR";p=&quot View Post
Quote:
Originally Posted by SSPO#11";p=&quot View Post
I agree that there is an officer safety issue with stopping MV's without a firearm but I think it's the individual Officer's choice.
"Reality check, aisle 11..."

You stop cars without being armed, you are a DUMBASS, plain & simple. Doesn't matter where you got your training or who signs your check. Lives have been lost for just this reason - SSPO, please tell me you wouldn't stop a vehicle without being armed?
VOR,

Let's fall off the "dumbass" bandwagon for a minute and ask what you feel about the specific issue here at hand? Do you support inserting language somewhere in the statutes to clear up this RMV Demi-god BS?



Posted by: jo

MPD61, your right, I was wasting time typing that post. I just get on a tear thinking that campus police can make ever arrest known to local and state police. But not a motor vehicle related arrest because they simply lack the forms to process the arrest. Makes no sence. Make the A&B by means arrest but not the OUI. Give me a break. You have Johny Jones who has the RI Academy and works one Sat afternoon a month in little town Massachusetts, then you have the full time campus officer who is far better trained and works 40+ a week. Who should not have the cite book???? This is only politics not what is better for public safety.



Posted by: SSPO#11

Hey Vor,

We are in a public forum therefore I will not say what I really think of the DUMBASS comment and will not fire back. First of all, I do know how dangerous stopping a motor vehicle is. I did goto a police academy and I live this job every day of my life.

Have I stopped cars without a firearm? YES, sometimes you just have to. I am a Police Officer and there are times that you have to act on something. I am not going to be afraid and watch stuff happen just because my department does not give me the proper tool to do my job.

Would I rather be armed? YES, it would be nice to be issued firearms. But again since we are not I am not going to cry about it.

And lastly I really did not appreciate the comment. I know people come here to express their views and opinions without feeling like they are going to be ridiculed just because they have an opposing view.

#11



Posted by: j809

Hey I know alot of campus cops that have Ch90 but no firearms and always had a little Glock 27 around or a 25 caliber. What are they going to do if you stop a car, get shot at and you defend yourself? They could fire you but I guarantee that you'll win in civil court and then some.



Posted by: jo

I would rather be tried by 12 than carrried by 6.



Posted by: fscpd903

We are getting way off topic here, this isnt about firearms. Plain and simple it sucks that some college PD's dont have the proper tools to do the job, but I took this job knowing I would be unarmed and I will always act as a cop with or without a gun. That is my choice so dont need someone telling me Im a dumbass or whatever for stopping cars without a gun.

Its all about the interpertation of the statute and its stupid that this "turf war" always has to come up. We should at the very least have access to a citation book, so we can actually act if we see somone that is oui instead of watching them kill someone



Posted by: fscpd907

I received this reply today from Massachusetts State Senate Minority Leader Brian P. Lees in regards to the State College Chapter 90 issue.
-----------------------------------------------------------------------------------------------------------

Thank you for contacting my office regarding the ticketing of motor vehicle violations by State College Campus Police Departments. I appreciate learning your thoughts on this matter.

As you may know, the well being of the citizens of the Commonwealth has always been a paramount concern of mine. It is my belief that when police officers enforce the traffic laws, they are preserving the public safety of our communities. Rest assured that should the Senate address this or any related matter, I will keep your sentiments in mind.

Thank you again for your valuable input. Please do not hesitate to contact me should you have any questions or comments concerning this or any other issue.

Sincerely,



Brian P. Lees
Minority Leader



Posted by: fscpd907

This is the reply we received from State Rep. Steve LeDuc


I am writing to thank you for your email last month and apologize for my delay in getting back to you. I appreciate you bringing my attention to this ongoing situation on our state college campuses. I rely on constituents like yourself who, in feeling strongly about an issue, feel the need to let me know that you feel an injustice is being done. My staff and I are looking into this issue and will contact the Department of Public Safety in order to attempt to uncover their reasoning for this new, strict reading of the regulation regarding motor vehicle citations and who has the power and discretion to issue them.

Thank you for all that you do, as a member of the Framingham State College Police Department. And again, thank you for contacting me on this very important issue that affects such a large group of citizens of the Commonwealth. Please feel free to contact me again at any time, should you feel that I could be of any further assistance.

Take care,
Steve

Stephen P. LeDuc
State Representative
4th Middlesex District
(617)722-2915



Posted by: mpd61

At least this fella SAYS he's going to look into it, rather than the lame "IF the senate should ever look into this matter I will remember your sentiments. HA!!!!!!!!!!!!!!!!!!!!!




Posted by: texdep

I know this will sound off the wall but, remember I've spent time working in another state.

In Texas each agency is responsible for creating, printing and distributing citation books to their officers.

Remembering this and reading this thread I searched MGL's etc. While I found much regarding what citations shall contain and where the citations go and who gets what copies, I found nothing that said only citations from RMV can be used for chap.90 offenses. Only that RMV citations meet the statue requirements.

Sooooo, if this issue is so important why doesn't some campus pd decide that they're going to create "case law" and create citations meeting the statutory requirements and start issuing them???



Posted by: Mikey682

TexDep-

At the campus I work for, we do have that. There is a section on the citations for offenses such as "Speed greater than reasonable" or "Unregistered vehicle". Its on the same citations that are used for Parking.

The only catch is, if you get one of these and your not affiliated with the school, you might as well just rip it up right then. Since its a private school, its not like your going to get a ACTV/NRE on your license and Reg.



Posted by: texdep

I think you missed my point.

What I meant was process the cite just like a RMV cite. Copies to the court RMV etc.



Posted by: Dumptruck9

Money talks. It's all about politics. Let's face it, how much in revenue does the state get from colleges all across it. If they didn't protect some of these little dirtbags then enrollment would suffer. Let's face it, none of us went to a school where we heard that the campus police are assholes. POLITICS, POLITICS, POLITICS.

And I read that article a while ago, and all I could think of was dragging that RMV spokesperson by the back of their head to the scene of the hit and run on the UMASS Amherst campus, by a drunk driver, where the victim ended up in a coma.



Posted by: JP64

Phew, think how bad it could have been if he had ended up in an apostrophe or even worse, a semi-colon or exclamation point...



Posted by: Dumptruck9

Sorry, I sttttutter when I tyyypppe, SSSGGGT.



Posted by: mpd61

It's not even politics anymore, It's plain STUPIDITY=EOPS spokeswoman Katie Ford stating that BSC Police making CMVI stops was illegal. What a stupid ass Apparently nobody at EOPS can read MGL's like CH.73 s.18 or CH. 75 etc, etc, etc................

I'm Done, the legislature WILL be looking at this during the present session.




Posted by: drknyt

As one of our brother officers stated it is going to take a series of tragedies to occur, before the RMV realizes they made a major mistake. The head of the registry should go around and see the type of drivers that are out there driving on or going through college campuses. They show little or no regard for the students or staff who are mothers, fathers, sisters, brothers and loved ones in a crosswalk. Or coming out of a daycare with thier child in hand and now have to quicken thier step for the idiots that feel Stop signs don't apply to them, and 20mph means 40mph to 50mph. But what can I say, you just got to love that RMV NOT!!!





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