ALJDEC

01-12141-CPP · Department of Administration - Capitol Police Parking · 2001-04-04

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: April 4, 2001 APPEARANCES: Michael Smarik appeared in his own behalf Shelley Hebets, Capitol Police Assistant, appeared on behalf of the Capitol Police ADMINISTRATIVE LAW JUDGE: Allen Reed _____________________________________________________________________ Findings of Fact 1. On January 22, 2001, the Appellant received a parking citation for unauthorized parking in a reserved parking space, no. 655, at 1601 West Jefferson, the Arizona Department of Corrections (DOC). 2. The Appellant is an Assistant DOC Director. When at 1601 West Jefferson, he is assigned space no. 628. On the day in question, the Appellant’s space was occupied and he parked in space no. 655, which is assigned to another DOC employee, Bob Forry (Forry). 3. The Appellant and Forry had an agreement that the Appellant could use Forry’s parking space if the Appellant did not have access to his or another parking space, when the Appellant was at 1601 West Jefferson. 4. The Appellant had recently obtained a different motor vehicle (Ford Bronco), and Forry was not aware of this. Upon seeing the Bronco in his space, and not recognizing it as the Appellant’s car, Forry contacted Capitol Police who in turn issued the citation. Conclusions of Law A.R.S. § 41-796 provides in pertinent part that the Department of Administration may adopt rules for the control of vehicles on state property and for the collection of monetary penalties for violation of those rules. A.A.C. R 2-6-206 (B)(6) assesses a $16.00 fine for unauthorized parking in a reserved parking space. 1. The evidence shows that the Appellant had permission to park in space no. 655 from Forry, the person to whom the space was assigned. 2. The Capitol Police were contacted and the citation was issued because Forry was not familiar with the Appellant’s car. The citation was issued as a result of the mistake in the misidentification of the person parked in space no. 655. 3. Based on the above, the citation was issued by mistake. 4. Hebets testified that in light of the facts of the case, the Capitol Police had no objection to dismissal of the citation. This is noted but not controlling of the disposition of the case. 5. The cited rule states in pertinent part that the violation is for “…unauthorized parking in any…reserved parking space”. The facts show that Forry authorized the Appellant to park in the space. Since the space was assigned (reserved) to Forry, he could authorize the Appellant to park in it and the violation cannot be sustained because the Appellant was authorized to park in space no. 655.

Order In view of the foregoing, It Is Hereby Ordered that Citation No.12141 be dismissed. On standing motion of J. Elliott Hibbs, the Director of the Department of Administration, this decision is the final agency decision, notwithstanding the language contained in A.R.S. §41-1092.08.

Done this day, April 5, 2001

______________________________________ Allen Reed Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2001, to:

Department of Administration-Capitol Police Parking J. Elliott Hibbs Attn.: Wendy Hammon 1700 W. Washington, Room B-15 Phoenix, Arizona 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826