Council OKs Red-Light Camera Measure

They voted 5-4 late Monday in favor of a measure that would ask voters whether the city ought to continue operating the camera system, which photographs vehicles that run red lights and mails citations to the owners.

The resolution now goes to Mayor Richard Berry, who has remained neutral on whether the cameras ought to go on the ballot. His decision will be critical because the council doesn’t appear to have the six votes required to overturn a veto, if it came to that.

City Councilor Dan Lewis sponsored the ballot measure. He said politicians have made all the camera decisions so far, and it’s time the public weighs in directly.

“It’s time that we hear the citizens of Albuquerque speak,” said Lewis, who’s been critical of the cameras.

Opponents of the measure raised legal questions about whether it’s appropriate for the council to delegate a public-safety decision to voters. The election results won’t be legally binding on the council – just advisory – and that fact may be lost on voters, critics said.

“This is a representative government,” Councilor Trudy Jones said. “We were elected to make decisions.”

Supporters and opponents alike seemed to agree the council would abide by voters’ decision, binding or not.

Dick Minzner, an attorney for Redflex Traffic Systems, which operations the program, also questioned whether the issue is proper for the ballot.

“The proposal to put this on the ballot runs close to violating the City Charter,” he said. “The council cannot delegate its legislative power to the voters.”

The charter outlines a process through which opponents of a law can gather petition signatures to force an issue onto the ballot, he said, and that process could be used if people don’t like the cameras.

The Berry administration said Monday that it would review the legality of Lewis’ proposal, as it does every council bill, before deciding whether to sign it.

A council attorney said he believes the measure is legal.

Voting in favor of sending the cameras to voters were Don Harris, Ken Sanchez, Brad Winter, Michael Cook and Lewis. Against it were Jones, Rey Garduño, Debbie O’Malley and Isaac Benton.

“It’s time the voters have their voices heard once and for all,” Sanchez said.

Harris said he supported the bill reluctantly because only a few issues should be sent directly to voters.

But “this is one thing that meets a rare, special sort of circumstance,” he said.

The red-light cameras have been a source of controversy since 2005, when the city started issuing citations. The system, at one point, captured speeders and covered 20 intersections.

It now focuses on red-light runners and is stationed at 14 intersections. Fines are $75.

Supporters say that at some intersections where cameras were removed, speeding and red-light running jumped from just over 2,000 violations to almost 14,000 a month – a sign the cameras are effective.

“I think it’s proven that it’s saved some lives,” Garduño said.

O’Malley said it doesn’t make sense to put the question before voters.

“It essentially asks … ‘should we fine you if you violate the law?’ They don’t really have any authority to say ‘yes’ or ‘no,’ ” O’Malley said.

Monday’s meeting grew especially testy at one point, when Lewis questioned Minzner, who had identified himself as an attorney for Redflex.

“I wonder why you’re here,” Lewis said. “I question the motive.”

Lewis repeatedly mentioned that Redflex makes money from the program.

Other councilors said Redflex had every right to have a representative argue on its behalf, just as anyone else can. Jones apologized to Minzner.

“I don’t believe it’s our place to tell someone they shouldn’t be here,” she said.
— This article appeared on page A1 of the Albuquerque Journal

Photo Credit – Journal File
Cutline – A red-light camera is shown at the intersection of Montgomery and Wyoming earlier this month.