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HomeMy WebLinkAboutResolution 14601 RESOLUTION NO. 1460 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, EXPRESSING SUPPORT FOR THE DEVELOPMENT OF A DWLS III DRIVING WHILE LICENSE SUSPENDED THIRD DEGREE PROGRAM UTILIZING THE USE OF PROSECUTORIAL DISCRETION AND OTHER METHODS PROMOTING SOCIAL EQUITY AND PUBLIC SAFETY. WHEREAS, Council acknowledges there are various reasons a person may have their license suspended in the third degree (DWLS III), ranging from failure to comply with the terms of a traffic infraction to more serious reasons such as failure to comply with state law provisions relating to uninsured accidents; and WHEREAS, Council recognizes that DWLS III is considered a “crime of poverty” that disproportionately impacts communities of color and lower-income drivers, therefore significantly harming vulnerable populations experiencing economic insecurity; and WHEREAS, Washington taxpayers have spent an estimated $1.3 billion plus enforcing this crime between 1994 and 2015 according to a 2017 report conducted by the American Civil Liberties Union of Washington (ACLU), with each case costing an estimated $924; and WHEREAS, in 2019 the City of Edmonds spent an estimated $150,000 on prosecution, defense, and jail costs related to DWLS III; and WHEREAS, in 2019 DWLS III prosecution in the City of Edmonds accounted for approximately 25% of the public defender’s case load, 59 nights in jail, and approximately doubled the case load of the Edmonds Municipal Court; and WHEREAS, DWLS III studies comparing Washington with states that do not treat DWLS III as a crime do not show increased road safety in Washington, indicating added prosecutorial resources have not resulted in improved public safety; and WHEREAS, the cities of Vancouver, Lynnwood, Yakima, Spokane, Seattle, and the counties of Snohomish, King, Spokane, and Clark are currently addressing incidents of persons driving with a suspended license third degree (DWLS III) through the issuance of the No Valid Operator’s License II (NVOL II) infraction and through other criminal diversion or deferral processes; and WHEREAS, based on statewide research and statistics from Edmonds Municipal Court, the diversion of some DWLS III cases out of the criminal system would have positive benefits to community members, the city, and relevant justice stakeholders; and 2 WHEREAS, in 2020 Councilmembers Paine and Distelhorst began gathering information from relevant stakeholders to determine if continuing to cite drivers with DWLS III was meeting the city’s goals of public safety and social justice, and whether it is the best use of limited city resources; and WHEREAS, Councilmembers Paine and Distelhorst approached Mayor Nelson explaining some of the concerns outlined above; and WHEREAS, Mayor Nelson and Acting Chief Lawless have since implemented a policy of issuing a citation for DWLS III only in certain circumstances in order to better balance social justice and equity, public safety, and effectively allocating limited city resources; and WHEREAS, Council believes this policy change maintains public safety and will contribute to the following goals: Goal 1. Social justice and equity Goal 2. Assisting eligible drivers in getting relicensed Goal 3. Effective allocation of limited City resources WHEREAS, the Council supports the use of City resources to be redirected toward a program supporting the relicensing of eligible drivers in appropriate circumstances; and WHEREAS, with the above goals in mind, the Council joins the Mayor in identifying this as an unmet need in our community and promoting work toward equitable and effective treatment of instances of DWLS III in the city; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: 1. The City Council formally requests the Executive and Judicial departments and city prosecutor and public defense work together to design and implement a DWLS III Relicensing program to include the following elements: (1) The exercise of prosecutorial discretion to divert drivers who are struggling to pay traffic fines through the issuance of a No Valid Operator’s License II (NVOL II) infraction and assisted in entering the Relicensing program; and then to ensure that drivers who present an immediate threat to public safety are prosecuted; (2) Our municipal court’s participation in a program with other courts, such as the Unified Payment Program in order to assist relicensing