Makes Crime a Felony
Paterson Sends Message with TEA Assault Bill

By NEAL TEPEL

Landmark legislation was signed by Governor Paterson April 23 which dramatically increases penalties for assaults on Traffic Enforcement Agents from a misdemeanor to a felony (A 6011-D). It took 22 years and five Governors to pass a bill that would protect the lives of city workers charged with law-enforcement responsibilities critical to the safety and welfare of New Yorkers.

Neal Tepel is president of the Civil Service Merit Council.

The New York Times covered a demonstration on April 28, 1986 concerning a felony bill for traffic agents. The article stated that 100 Traffic Enforcement Agents were at City Hall asking for support of state legislation that would treat assaults on traffic enforcement officers as a felony. Since attacks on agents in 1986 were increasing in frequency as they are today, these workers were desperately asking for this legislation. The article stated, "In the first three months of 1986, 130 agents were assaulted, an increase of about 20 percent over the same period last year."

The story included a statement by an agent on the force for six years. "We're punching bags for these people," said James E. Barnett, a traffic-control agent. He mentioned that on four occasions irate motorists deliberately hit him with their vehicle.

Longer Jail Sentence

The bill signed by Governor Paterson will raise the penalty for assaulting a traffic enforcement officer to a Class D felony, carrying with it a sentence of 2-1/3 to 7 years in jail, instead of assault in the third degree, a Class A misdemeanor, for which the maximum sentence is a year's imprisonment and/or a $1,000 fine. The bill adds TEAs to the protected class of law-enforcement officials.

City Traffic Enforcement Agents have faced a major problem with on-the-job assault and harassment for decades. Approximately 2,500 agents belong to CWA Local 1182. The TEAs work for the Police Department. In tracking assaults, the NYPD noted that from July 1 to Sept. 15, 2007, Traffic Enforcement Agents were victimized in the line of duty 83 times. This included 13 assaults committed against TEAs, two incidents of reckless endangerment, two incidents of menacing, and one incident of larceny.

These numbers mean that in just 10 weeks, 3 percent of the workforce was victimized in the line of duty. On an annualized basis, this works out to roughly 15 percent of New York City's traffic agents becoming crime victims simply for doing their jobs.

Like police officers, TEAs are often targets of violence and harassment specifically because of their role in writing summonses and having cars towed, said James Huntley, President of CWA Local 1182. "As other law-enforcement personnel, they are more likely to be targets of violence or harassment because of their jobs," Mr. Huntley said. "No one likes to get a ticket. But the contempt some people have for the job of the TEA does not warrant the violence occasionally expressed towards these dedicated law enforcement officers."

Big Disparity With Cops

The disparity in protection between other enforcement groups and TEAs was particularly egregious because TEAs perform substantially similar functions as many police officers assigned to traffic control. Prior to this legislative change, an assault on a police officer directing traffic or issuing a summons was subject to felony prosecution and up to seven years in state prison. On the other hand, someone who assaulted a TEA directing traffic or issuing a summons at the same intersection, and the same time, was subject to misdemeanor charges and less than one year at Riker's Island.

In recent years, protections have been extended to several groups of public workers but not Traffic Enforcement Agents. Assaulting Train Operators, Conductors, Bus Operators, Station Agents, peace officers, firefighters, or emergency medical services personnel are all treated as felonies.

Following the bill's enactment, Mayor Bloomberg stated that, "Traffic Enforcement Agents are sworn officers and have contributed to the historic drops in crime the city is experiencing. They help keep us safe, and we need to do our part to make their job safer by enacting laws that protect them. This bill sends a strong message that criminals will be held accountable."

Governor Paterson did not hesitate to sign the bill when it was presented to him by the New York State Legislature. It was clear from my discussion with the Governor that he believes this legislation is important in order to safeguard those on the front line of law-enforcement in New York City. He stated to me that the protection this felony bill provides will send an important message to those considering assaulting a traffic agent. "When you are sentenced to a felony, the court and society is sending a message to all potential violators," said Governor Paterson.

The passage of this legislation protecting municipal employees providing essential services to the public took 22 years and five Governors to enact. Legislators need to be responsive when laws are needed to protect workers performing important jobs for the public.