Montgomery County is trying to dismiss a class-action lawsuit charging that the county operates its speed camera program illegally.
The lawsuit says the county is breaking state law by paying its camera contractor, Affiliated Computer Services, on a per ticket basis. The county gives 40 percent of its ticket revenues — or $16.25 per ticket — to ACS. Maryland law prohibits per ticket payments to camera operators to avoid a financial incentive for issuing more tickets.
But Montgomery officials say the county, not ACS, operates the camera system. After the lawsuit was filed in 2008, Montgomery amended its contract with ACS to read, “Contractor provides vehicles and equipment but does not operate the speed monitoring system.”
The contract says the compensation rate is based on ACS providing “digital speed camera vehicles, equipment and personnel to service the technology six days a week for two eight-hour shifts per day.”
ACS also is responsible for recording, printing and mailing citations as well as collecting ticket payments. The toll-free number Montgomery residents call to inquire about the county’s Safe Speed Program is routed to ACS employees.
“Maximum system uptime and issuance will be achieved effectively through ACS’ management and control of daily operations,” the contract states.
ACS also operates as a public relations arm for the county, managing public outreach and media correspondence through a “community awareness campaign.”
“ACS will assist the county in designing, procuring, publishing and distributing marketing material … so that the Montgomery County Photo Speed Enforcement Program is well publicized,” the contract says.
ACS promised the county in the contract it would “solicit interest and support” from reporters and “write and place one or more articles in the local daily newspaper of the county’s choice.”
Montgomery traffic enforcement Director Capt. John A. Damskey confirmed that ACS performs all camera maintenance, but said ACS employees’ contact with the cameras is limited.
“Once we take the camera out of enforcement, that’s when we allow the vendor to touch it,” he said. Montgomery police turn off the cameras and remove them from their roadside posts before an ACS employee can perform maintenance, he said.
Timothy Leahy, a Bowie lawyer who filed the suit against Montgomery in 2008, said the county’s motion for dismissal is “a last-ditch effort to avoid the lawsuit.”
He said ACS is clearly operating the county’s camera program, and he’s confident the suit will move to trial in July after a judge hears the county’s motion Thursday.
ACS technicians “are scheduled to provide [camera] support and monitoring seven days a week,” according to the company’s contract with the county.
