Council considers refunds on traffic-camera tickets

Some want a court order to release the funds.
By JOHN W. GOODWIN JR.
VINDICATOR TRUMBULL STAFF
GIRARD -- Now that a judge has determined the camera once used to catch speeders here is unconstitutional, city leaders must decide what to do with funds generated by its use.
Auditor Sam Zirafi said the city has $172,000 of speed camera fine money in an interest-earning account. The money was collected on 1,700 fines of varying amounts.
Councilman Dan Moadus, plaintiff in the lawsuit that struck down use of the camera, asked that an ordinance instructing the administration to begin refunding the money be put on the agenda for council's next meeting, July 24.
The ordinance would request that refunds be made by Aug. 1.
Moadus said not refunding the money could become more embarrassing for the city and ultimately cost the city more money if people decide to take the issue to court.
Zirafi said the Aug. 1 date is not realistic because of the shortage of manpower in the auditor's office.
Waiting on the judge
Law Director Mark Standohar and Zirafi said it would be best to receive a court order from Judge John M. Stuard of Trumbull County Common Pleas Court releasing the money from escrow before any refunds are made. An order from Judge Stuard is what put the money in escrow, they said.
Judge Stuard ruled that use of the camera device is in violation of the Ohio Constitution. In his ruling, the judge also ordered the city to discontinue use of the camera unless it is used in accordance with the state's criminal laws instead of the civil penalties assessed under the city's camera ordinance.
Girard also cannot collect any outstanding fines under the civil ordinance drafted by the city, the judge ruled. His order did not specify what should be done with the money held in escrow.
jgoodwin@vindy.com