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  • When asked to perform an illegal action at work.

    When asked to perform an illegal action at work.

    Last edited by underdroogles; 07-11-2019, 11:23 AM.

  • #2
    Inform your boss of the law, in the most respectful way you can. However, seeing how they've been doing it this way for a while I'm betting they know what they are doing...

    I don't think YOU can be sued for giving someone a parking ticket or booting their car.

    Bottom line, if you think you're being asked to something illegal you can go up the chain of command and try to put a stop to it or you can quit.

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    • #3
      First of all, booting a car is not vehicle theft. Theft is a crime where you take someone's property with the intent to deprive them of that property. If your department policy was to smash the window, punch the ignition, and hotwire the car, you might be on to something there...

      Not sure how long your agency has been in operation or how many lawsuits they have handled, but if you're only writing parking tickets and booting cars with stolen/lost/surrendered DV placards, I wouldn't worry too much about it. Besides, as someone who writes the tickets and is told by a supervisor what to do, you aren't liable unless it is a blatant violation of law or department policy.

      That being said, writing tickets on vehicles where there is no signage, and you know it to be wrong, you are able to tell your supervisors that you aren't going to write that ticket. Your supervisors should have no disciplinary recourse because you didn't do anything wrong. They are in the wrong by telling you to paper vehicles that aren't in violation.

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      • #4
        Sounds like you worry to much. Just do what you're told. By the way, it's not a very interesting topic.

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        • #5
          While I have great respect for what I percieve as your personal integrity, you may be overthinking these situations a little bit.You could of course,point out to your supervisors, the mandated signage requirements of the CVC. Having done that, I believe I would continue to write the parking citations per policy. As has been pointed out, "booting" an illegally parked vehicle is not theft. It is the responsibility of the disabled person to keep his placard current. This is a responsibility concurrent with keeping license plates and driver licenses current. In your situation,a lawsuit wouldn't enter into my thinking. Simply perform your duties in good faith, and do the best job you can. Good luck.

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          • #6
            I agree with you about the parking lot being posted. 21113(b) VC is pretty specific. It requires not only that the lot be posted to indicate what kind of parking is prohibited, but that the university also maintain a written list available for public viewing, detailing what is prohibited.

            I would consider addressing this in a memo to the department that says something like:

            It has come to my attention that the department has been citing for illegal parking In (location), which is not appropriately posted as required by CVC21113(b) CVC. I am concerned that someone will not only appeal their citation and win, but may file a class action lawsuit overturning all citation written there in the past. While the financial loss to the University may be minimal, the bad press that may result could be a nightmare to deal with and do considerable harm to the reputation of the University Police Department.

            In order to remedy this problem, it is requested that the appropriate signs be posted around the location and that the department cease issuing parking citations at that location until this is done.


            This will cover your a55 and put you on record as having taken the appropriate steps to remedy the problem in a positive manner.

            With respect to booting, I agree that their policy is CS. However, I believe there is a loophole that allows it. 22651(o)(1)(B)VC allows for the impounding of a vehicle found on public lands if it displays a permit that may not be lawfully used on that vehicle. While the primary intent of Section B was to address using registration instruments from vehicle X on vehicle Y, it is written broadly enough that a "permit not otherwise lawfully used on that vehicle under this code" could be interpreted to include a non-valid handicapped placard.

            To be honest, I retired after booting became popular so I am not up on those laws. But booting seems a lot more preferable that towing. But again, I agree that the whole boot/tow concept under these circumstances is a little CS. I would just cite and move on.

            Just out of curiosity, it this a written university PD policy, or the personal policy of one of your supervisors?
            Going too far is half the pleasure of not getting anywhere

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            • #7
              Booting and/or towing are common at universities. It is not a theft or anything else. It is an administrative penalty for violating the university's parking policy. Re. the signs. Is there a sign posted at the entrance/s to the univ. stating something about parking rules, permits required, etc.? Every lot doesn't have to be posted as long as there are reasonable postings about campus. Is the facilities lot marked as a facilities lot? You are overthinking this and just need to do as you are instructed to do.

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              • #8
                If it was illegal I'm sure it would have gone to court and the ticket would be dropped or complaints filed. Obviously the cites are being upheld so you probably should just do your job, as there are people higher that sign their names on all of this anyways. You are the bottom of the totem pole.

                If you really don't like it and think its wrong, find another totem pole.

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                • #9
                  Originally posted by Michigan View Post
                  Inform your boss of the law, in the most respectful way you can. However, seeing how they've been doing it this way for a while I'm betting they know what they are doing...

                  I don't think YOU can be sued for giving someone a parking ticket or booting their car.
                  Bottom line, if you think you're being asked to something illegal you can go up the chain of command and try to put a stop to it or you can quit.
                  He is in CA.....he can most assuredly be sued for booting the car illegally......he would be one of about 10-15 that would be named in the action......
                  The posts on this forum by this poster are of his personal opinion, and his personal opinion alone

                  "Politicians are like diapers. They need to be changed often and for the same reason"

                  "We fight not for glory; nor for wealth; nor honor, but only and alone we fight for freedom, which no good man surrenders but with his life"

                  Comment

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