American Towman Magazine - June 2022 - Corrected

Page 106

Police departments should not be allowed to treat tow and recovery companies arbitrarily and in a subservient manner.

interest policies. Next, we get to the procedures of the agency. The agency must be required to conduct its investigations and hearings in a fair manner. This is a challenge, because these agencies are not courts. In

fact, working with some of these agencies made me appreciate courts even more. The members of the agency should have some skin in the game. If a court finds that the agency deprived someone of a constitutional

right, under color of law, the members should be personally liable. Theoretically, this requirement is already in federal law. Complainants cannot be allowed to conduct any sort of investigation or examine witnesses. In fact, the Complainants should be required to be witnesses to the proceeding (precluding them from being parties to the proceeding). Only the state’s professional prosecutors and law enforcement should be allowed to these things. Once the prosecutors and law enforcement identify genuine bad actors, they should then have the authority to shut them down. A slap on the wrist is not sufficient. Unprofessional tow and recovery operators are a risk to public safety. The ones who rip people off are taking money from the good operators. In conclusion, these are just a few recommendations based on my experience. Regulation is needed, but it must be good regulation.

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106 • June 2022 |