1984 11 14 CC Minutes, Special41114 -1
MINUTES OF THE SPECIAL MEETING
OF THE CITY COUNCIL OF THE CITY OF BAYTOWN
November 14, 1984
The City Council of the City of Baytown, Texas, met in
special session on Wednesday, November 14, 1984, at 5:00
p.m. in the Council Chamber of the Baytown City Hall with
the following attendance:
Fred T. Philips
Jimmy Johnson
Perry M. Simmons
Ron Embry
Roy L. Fuller
Gerald Dickens
Allen Cannon
Fritz Lanham
Larry Patterson
Randy Strong
Eileen P. Hall
Councilman
Councilman
Councilman
Councilman
Councilman
Councilman
Mayor
City Manager
Assistant City Manager
City Attorney
City Clerk
The meeting was called to order with a quorum present,
afterwhich the following business was conducted:
Consider Proposed Resolution No. 895, Casting the City of
Baytown's Ballot for Director of Harris County Appraisal
District
Nominees to fill the position for Harris County Appraisal
District Director are as follows:
1. Marta Greytok, Mayor of Taylor Lake Village;
2. Gary Jones, Baytown's nominee who is employed for
Brown & Root, Inc.;
3. Samuel D. Sims, Alderman in Spring Valley.
Councilman Dickens moved to adopt the resolution casting
the City of Baytown's ballot for Gary Jones; Councilman
Philips seconded the motion. The vote follows:
Ayes: Council members Philips, Johnson, Simmons,
Embry, Fuller and Dickens
Mayor Cannon
Nays: None
RESOLUTION NO. 895
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, CASTING ITS VOTE FOR THE OFFICE OF DIRECTOR HARRIS
COUNTY APPRAISAL DISTRICT, FOR THE UNEXPIRED TERM ENDING
DECEMBER 31, 1985, VACATED BY FRED HARTMAN.
41114 -2
Minutes of the Special Meeting - November 14, 1984
Hear Appeal of Denzil Shirley, dba Shirley's Wrecker Service
from Decision of the Auto Wrecker Committee
Mayor Cannon called the public hearing to order and
explained that the reason for the hearing is that Mr. Shirley
had filed an appeal from the decision of the Auto Wrecker
Committee to levy a 30 -day suspension. All parties were in
attendance and announced ready to proceed.
All persons desiring to testify at the hearing were
sworn by Mayor Cannon.
Don Smith, attorney for Denzil Shirley, requested that
the record reflect that Mr. Shirley received official notice
from the Legal Department, Baytown, Texas, on October 12,
1984, of the 30 -day suspension by the wrecker committee and
had timely filed his notice of appeal on October 25, 1984.
Gary Smith, attorney for the city, responded that that
statement reflects the timing accurately. He then explained
that the hearing surrounds the incident of an auto accident
that occurred in Baytown at the intersection of West Main
and Lee Drive where a vehicle struck a telephone pole or
some other fixed object. The driver of the vehicle left the
scene and returned later when officer Turner returned to the
scene a second time to investigate the accident. Upon
returning to the scene, the officer found one of the wreckers
from Shirley's Wrecker Service attached to the vehicle. The
police department had not dispatched a wrecker to the scene
of the accident. The ordinance provides that until a
wrecker is called by the police department, no wrecker
company is to appear within 500 feet of the accident. Those
are the allegations. He stated that he would call Officer
Turner as a witness, along with the driver of the vehicle
and Bradley Shirley. Also, possibly Raymond LeDay would be
called.
Don Smith requested that he be allowed to present his
opening statement, if any, after the city had presented its
case. Mayor Cannon granted that request.
Officer Bill Turner, in response to questioning, stated
that he is an employee of the Baytown Police Department and
that on August 31, 1984 he did in fact work an accident near
the intersection of Lee Drive and West Main at about 11:35
a.m. When the officer arrived the truck was against the
telephone pole, 2 to 3 feet off the curb, the driver, Juan
Rodriguez, not present, but his boss was. Therefore, the
officer requested that the boss get the driver to return to
the scene in order that the accident could be properly
investigated. The officer called dispatch to inform them
that he would be receiving a call to return to the scene and
that he needed to be informed of the call. The officer was
gone 5 to 10 minutes when he was contacted to return to the
scene. Upon arriving at the scene of the accident, Shirley's
Wrecker was attached to the truck, and the truck had been
moved from the pole about five feet away. The operator of
the wrecker was Bradley Shirley.
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Minutes of the Special Meeting - November 14, 1984
Don Smith pointed out that the driver of the vehicle
was in error having left the scene of the accident in the
first place, but the officer pointed out that the boss was
at the scene. Don Smith countered that since the officer
had been to the scene of the accident and left, one could
assume that the accident had been worked, that the vehicle
was driveable at the time, but later became inoperable.
In that case, the wrecker driver could assume that he was
within the legal boundaries to remove the truck.
Gary Smith pointed out that in cases where there is
front end damage, the officer is to sign a slip prior to
the wrecker driver being allowed to pull the vehicle.
Officer Turner indicated in questioning from Don Smith
that the wrecker operators are aware that in the case of
an accident, the wrecker must be dispatched by the police
department which was not done in this case. However, Mr.
Smith countered that once the accident is abandoned, that
is to say that all the paper work has been completed and
the officer leaves the scene thinking that the vehicle is
operable, then the wrecker company may be called out by the
owner. The officer responded in the affirmative, but added
that he was not aware of any incident like that occurring.
Juan Rodriguez, driver of the vehicle, testified that
on August 31, 1984 he did have an accident at the inter-
section of Lee Drive and West Main, Baytown, Texas. He did
leave the scene of the accident and when he returned,
the wrecker was there.
Bradley Shirley, driver for Shirley's Wrecker Service,
testified that he was dispatched by Shirley's Wrecker
Service on the 31st day of August, 1984 to pick up a vehicle
at the intersection of Lee Drive and West Main. Mr. Shirley
stated that when he arrived at the scene, he did ask if the
police had been there and one of the men told him, "yes."
Therefore, he was hooked up to the truck to remove the
vehicle when the officer arrived on the scene. The officer
informed him that the accident had not been worked, but Mr.
Shirley stated that he did not intentionally violate the
ordinance, because up to this point he thought that the
accident had been worked.
Bob Merchant, Assistant Chief of Police, explained that
the procedure at the scene of an accident is for an officer
to be dispatched to the scene and for that officer to call
dispatch after investigation of the accident for an auto
wrecker if one is necessary. He confirmed that it is policy
for the officer to remain at the scene of the accident and
that he would have to speak with the officer to determine
why on this occasion the officer left the scene. Don Smith
commented that -then pursuant to that policy, one could
assume upon arriving at the scene of an accident where an
officer had been that the investigation was completed.
However, Chief Merchant disagreed stating that all the
wrecker operators are aware that the investigation must be
conducted by the police department and that the police
department must dispatch the wrecker to the scene of the
accident which was not done in this case.
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Minutes of the Special Meeting - November 14, 1984
Raymond LeDay, employee of Ted's Supply, testified that
he had received a call from a charge customer requesting
that a wrecker service be dispatched to pick up a truck
owned by the company that had had an accident at the intersection
of Lee Drive and West Main. Mr. LeDay verified that he had
asked the woman who had called if the police had been out
and was told that everything was over with. Therefore, he
called Denzil Shirley to pick the truck up.
Denzil Shirley, dba Shirley's Wrecker Service, testi-
fied that when he talked with Mr. LeDay he too inquired if
the police had been out and if everything was over with and
that Mr. LeDay had said that it was. He testified that he
had been in the wrecker business for 21 years and that he
did not check with the police department to determine if the
accident had actually been worked. The reason that he did
not was that Mr. LeDay had indicated that the accident had
been worked and that the truck was now inoperable. He
testified further that he had not knowingly violated the
wrecker ordinance. He said that since he had been called by
Mr. LeDay and since there was no policemen on the scene, he
felt that it would be reasonable to assume that the accident
had been worked and that it was proper to remove the vehicle.
In his closing comments, Don Smith stated that Mr.
Shirley or his employee have been charged with intentionally
and knowingly violating the wrecker ordinance. A hearing
was held on October 10, 1984 before the wrecker committee
where Mr. Shirley was not represented by counsel and that
body heard less evidence than what was presented to Council,
and upon that evidence found Mr. Shirley intentionally
violated the ordinance. Mr. Smith contended that the
crucial point here is whether Mr. Shirley intentionally
violated the ordinance, not whether the ordinance was
violated. Therefore, he requested that Council find that
Mr. Shirley did not intentionally violate the ordinance, nor
did he commit an act which warranted penalty imposed.
Gary Smith contended that the wrecker was intentionally
at the scene of the accident without having been
dispatched by the Baytown Police Department, that the wreck
was intentionally loaded onto the wrecker and that the
wrecker was intentionally within 500 feet of the accident.
He pointed out that Mr. Shirley had been in the wrecker
business over 20 years, and in fact, Mr. Shirley was in-
strumental in drafting the wrecker ordinance. Mr. Shirley
knows that in order for a wrecker to be at an accident
scene that wrecker must be dispatched by the police depart-
ment. Brad Shirley upon arriving at the scene should have
made a logical conclusion that the accident had not been
worked when the truck was still attached to the telephone
pole, and there was no police officer on the scene to
authorize the removal of the vehicle. Mr. Shirley did
not take due precaution to assure that the ordinance was
not violated. A call to the police department could have
substantiated whether the accident had been investigated.
The ordinance must be enforced, if not the police department
will have great difficulty at the scene of an accident.
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Minutes of the Special Meeting - November 14, 1984
Council inquired why the officer had elected to leave
the scene of the accident. Officer Turner responded that
the man at the scene had stated that it would be at least 30
minutes before the driver could be back; therefore, rather
than wait 30 minutes, the officer instructed the man to get
the driver back, and he would return at that time to investigate
the accident. However, within 5 to 10 minutes, the officer
received a call to report back to the scene and at that
time, Shirley's Wrecker was already hooked to the vehicle.
During the discussion of Council that followed, Council
felt that there had been a breakdown in communication when
the officer left the scene a series of things took place.
Home office called for a wrecker, Shirley was told the
accident had been worked, Brad was dispatched and due to
communiciation problems with the men on the scene, felt that
the accident had been worked. Council felt that Mr. Shirley
should have contacted the police department to verify the
call, but Council also felt that the officer should not have
left the scene of the accident and that the driver should
have been cited for leaving the scene.
Gary Smith pointed out that although the driver left
the scene, someone was present to answer questions and the
driver had been cited for leaving the roadway and hitting a
fixed object. In accident cases, the officer does not write
a citation for every offense, but the one on which the case
can be made.
Doug Traylor, teacher of auto mechanics at Ross S.
Sterling High School, reported as to Mr. Shirley's excellent
character.
Dickey Dunman, Dickey's Wrecker Service, reported that
he did not monitor police calls because at one point the
point was brought up that the wrecker companies in general
monitor police calls.
Council discussed at great length what appeared to be a
series of breakdowns in communication, and Councilman
Johnson moved to suspend Mr. Shirley's permit for three
days; the motion died for lack of second.
Councilman Dickens moved to dismiss the charges due to
extenuating circumstances; Councilman Philips seconded the
motion. The vote follows:
Ayes: Council members Philips, Simmons and Dickens
Nays: Council members Johnson, Embry, and Fuller
Mayor Cannon
Councilman Embry moved to find Mr. Shirley in technical
violation of the ordinance and to provide a penalty of zero
days suspension of his operating permit; Councilman Fuller
seconded the motion. The vote follows:
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Minutes of the Special Meeting - November 14, 1984
Ayes: Council members Johnson, Simmons, Embry, Fuller
and Dickens
Nays: Councilman Philips and Mayor Cannon
Adjourn
There being no further business to be transacted, the
meeting was adjourned.
Eileen P. Hall, City Clerk