Administrative citations approved but worries remain

  • Administrative citations approved but worries remain_Jane McClure.mp3

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Years of debate over administrative citations as a penalty in St. Paul haven’t ended, despite a 7-0 city council vote Jan. 22, 2025 to implement such a measure.  
While supporters hail administrative citations as a way to equitably impose penalties for city ordinance violations, and avoid criminal charges, foes contend that the measures could unfairly target BIPOC communities.
The vote amends the city charter, and takes effect in 90 days.
A public hearing in January drew many more supporters for the administrative citations than opponents. Foes included representatives of the Frogtown Neighborhood Association (FNA) and Summit-University Planning Council (SUPC). Those district councils represent some of the city’s most diverse neighborhoods. 
Caty Royce, co-director of FNA, said the council needs to consider equity issues as it moves forward with the citations. She urged the council to consider providing relief for residents who want to comply but financially cannot. Some type of measure, such as a fund to provide help, is needed.
“What is going to happen to poor folks and BIPOC folks if they get caught up in one of these fines?” Royce said.
SUPC Executive Director Jens Werner said that despite the change, there are still worries that low-income homeowners would still be unfairly penalized. Part of her concern is centered on the city’s complaint-based system for property code enforcement, which results in summary abatement orders being sent out.
One way council members hope to ease those concerns is through a council resolution that sets up a committee to review administrative citations, city ordinance by ordinance, as they take shape. The committee was championed by Ward One Council Member Anika Bowie as she pushed through a resolution to create an Administrative Citations Legislative Advisory Committee.
This would help shape the citation process. The committee is to be established in 90 days, and disband after operating for one year.
Although some council members expressed concerns that they hadn’t had time to adequately review the Bowie resolution, it also passed 7-0.
Bowie spoke of the challenges her family faced years ago when her childhood home was cited for property code violations and boarded up for a short time. She cited the “unintended consequences” administrative citations can create.
Bowie did additional research to find a process that gets corrective actions while protecting people and treating them with respect. 
Another issue she raised is that the city should not use fines generated by administrative citations as a way to raise operating revenue. She wants city departments to report annually about the administrative citations process, how departments share information with the public, and how departments are able to collect fines.
The 7-0 vote of approval for the charter changes drew applause from supporters. Outgoing Council President Mitra Jalali was among council members speaking for the charter change and the ability to use the civil citations instead of criminal penalties. One example she cited is the ability to penalize large corporations. One ongoing issue in her fourth ward has been the shuttered University-Snelling CVS, and city officials have struggled with property conditions.
“This is about the big guys,” Jalali said. “This is about making them pay.”
Before any citations can be adopted, Jalali said the council will have to go through ordinance by ordinance, department by department, to add administrative citations as a penalty option for ordinance violations ranging from dangerous dogs to dilapidated buildings.
The St. Paul Regional Labor Federation, AFSCME Council 5, UNITE HERE Local 17, Sustain St. Paul, ISAIAH, SEIU Healthcare of Minnesota and Iowa, Unidos St. Paul and other groups said the citations are more equitable than the current penalties, which can bring criminal charges in some cases. 
“We all lose when our city is unable to protect working people from predatory employers,” said Black Hart bar owner Wes Burdine.
Others told stories about living near vacant and condemned properties where landlords did nothing, or living places where landlords didn’t make repairs. Others brought up employment situations where city ordinances on earned sick and safe time and minimum wage were violated, but the city could do little.
Charter Commission Chair Rick Varco pointed out at all too often, cable providers block and tear up streets without permits, and don’t do proper street repairs. Yet the city can do little to impose penalties. 
Speakers pointed out that St. Paul is the largest city in the state without an administrative citations process. They emphasized that it creates a middle group for compliance with ordinances.
But the measure may not be assured yet. Activist Peter Butler is preparing to collect 2,000 signature to halt the charter amendment process and put it on the November ballot. He questioned if the council is overselling the idea, and if the penalties will bring the results city leaders desire.

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