After discussing some concerns, the Addison Township Board of Trustees approved a resolution enacting the Operating While Intoxicated (OWI) Cost Recovery Ordinance and cost schedule.
The ordinance requires “payment of costs incurred by the township, the Oakland County Sheriff’s Department and any other public or private entity acting on behalf of the township in making emergency responses to motor vehicle accidents and/or arrests involving drivers who are operating a motor vehicle while under the influence…”
This means that once convicted of OWI, whether intoxicated by liquor or another controlled substance, the subject would be required to pay an amount in addition to any other court costs or fines to cover the cost of the time spent by government officials and sheriff’s deputies on the case. The ordinance allows for the township to then recoup these additional funds to cover police costs.
“This is paying for the deputies’ time when they’re not patrolling because of an OWI stop,” said Burkett. “It’s getting back that cost for that time. We’re basically getting the money back for the hours that our guys are not out there patrolling.
However, not all township officials were comfortable with the ordinance.
One of the main concerns discussed was whether or not the resolution would end up costing the township more money than recouped from those convicted. Township attorney Robert Davis informed board members that the only time township funds would come into play is when the township takes civil action against a subject or the subject is cited through a local ordinance.
“At that point the township attorney will be prosecuting and we can recoup those costs, but the question is does the cost for the attorney actually equal the amount recouped,” questioned Davis.
Sgt. Burkett explained that the township can recoup the attorney fees in such cases as well as the regular schedule of fees. Davis added that the deputies can also charge subjects through three different categories: a warrant arrest, at which point the township can recoup all money with no local expense; a local ordinance, at which point the township attorney would be involved; or through a ticket under state law, at which point the money would go to the state.
“It’s just a way to get some money back,” said Davis. “If you don’t pass this resolution, then you’re never going to get any of it.”
Township trustee Ed Brakefield asked Sgt. Burkett whether or not he had to fill out the forms for recouping the money or if the township could request for him not too. Sgt. Burkett explained that the decision may not be entirely up to him.
“I will try and be very diligent with this and do what you guys want, but my bosses are down in Pontiac and I have to answer to them first,” he explained.
“It will still be my decision to decide if we are going to recoup the money in each case,” he added. “All the resolution does is say whether the money comes right back to the township or goes to the county when I fill out the form.”
Township Clerk Pauline Bennett questioned whether the ordinance will cause more work for township employees and what responsibilities the township has in OWI cases. Burkett stated that the only additional work will be for the township to “cash the check.”
In 2003, Addison Township had 22 OWI arrests. Burkett said that the average OWI stop takes approximately four hours to complete. For such cases, the average recouped cost is around $286; however, that amount can go up or down based on individual cases.
“I would much rather see the money come back to our police funds,” said Township Treasurer Dan Alberty. “We always have a choice whether the township becomes involved legally or not.”
The board voted 4-2 to approve the ordinance. Trustee Brakefield and Clerk Bennett voted against the resolution. Trustee Sandra Campbell was on excused absence from the meeting.