The S.C. Highway Patrol operated a quota system that rewarded
troopers who met ticket-writing goals and punished those who did
not, a two-time Trooper of the Year contends in a federal
lawsuit.
"Troopers who wrote greater numbers of tickets were rewarded with
promotions and other benefits," says the lawsuit, filed Friday for
former Trooper Edward McAbee, 38.
"Troopers who were perceived to write an insufficient number of
tickets were treated with indifference, disdain or outright
contempt," the lawsuit says.
McAbee, now an officer with the Clemson University Police
Department, said his opposition to the "ticket quota system" led to
his being forced out of the Highway Patrol.
Named as defendants in the lawsuit were Highway Patrol officers,
the Department of Public Safety, and the department's director,
Boykin Rose. The suit was filed in U.S. District Court in
Columbia.
"We haven't seen the lawsuit yet, and if we had, we wouldn't
comment," said Public Safety spokesman Sid Gaulden.
The suit, if it comes to trial, could offer a rare,
behind-the-scenes view of the inner workings of the Highway Patrol.
Officers don't normally make public their concerns over patrol
policies.
Gaulden said the 855-trooper Highway Patrol, which wrote 517,579
tickets in 2002, has no quota system.
Gaulden said data on how much money those tickets generated
wasn't readily available. However, local governments -- not the
Highway Patrol -- receive most money generated from tickets, Gaulden
said.
Dennis Bolt, the lawyer who filed the lawsuit for McAbee, said
quotas are unfair to the driving public.
"What happens if the shift is almost over, and the trooper needs
to write a few more tickets? What happens to his good faith and
objectivity when he's under that kind of pressure?" Bolt asked.
The suit says troopers were expected to issue a certain minimum
number of tickets, but the suit didn't specify what that minimum
was.
In neighboring North Carolina, state law prohibits the N.C.
Highway Patrol from having ticket quotas.
"We don't want our officers to be writing tickets they wouldn't
normally write," said N.C. Highway Patrol spokesman 1st Sgt. Everett
Clendenin.
However, Clendenin said N.C. troopers who failed to write tickets
over a period of time would open up their job performance to
question.
South Carolina has no law prohibiting a ticket quota, Gaulden
said.
'CATCH UP AND MEET HIS QUOTA'
According to his lawsuit, McAbee began working for the Highway
Patrol in 1990 and was named Trooper of the Year in two
counties.
During 12 years on the patrol, he developed "reservations about
the ticket quota system," according to his suit. During the Labor
Day weekend in 2001, those reservations "crystallized."
That weekend, McAbee spent his shift investigating a hit-and-run
in Pickens County, preventing him "from attending to routine traffic
patrol," the suit says.
At the end of his shift, a superior berated him and told him he
must write 18 tickets "on the next day in order to catch up and meet
his quota," the suit says.
Later in 2001, McAbee ran for president of the S.C. Troopers
Association, campaigning in part on a platform that said he was
"personally and morally opposed to the ticket quota system. ... This
became a point of controversy and an issue in the campaign," the
suit says.
The S.C. Troopers Association has more than 1,000 members and
affiliates, including troopers, retired troopers and spouses.
McAbee won the Troopers Association presidency and repeated his
objections to the quota system.
In March 2002, McAbee was fired from the patrol on an allegation
that turned out to baseless, the suit says.
McAbee protested his discharge and won his patrol job back
through a grievance process, the suit says. But, in August 2002, he
resigned from the patrol because superiors gave him substandard
equipment "which endangered his physical safety" and made his
existence "miserable," the suit says.
Ralph Mobley, a former colonel with the Highway Patrol who is now
a captain with the Richland County Sheriff's Department, said he had
considered McAbee an excellent trooper.
"He's an honest, forthright person with deep religious beliefs,"
Mobley said, declining to comment on the allegations in the
suit.
FAILURE TO TICKET LEADS TO 'LAWLESSNESS'
Tom Crosby, spokesman for AAA Carolinas, said quotas "for the
sake of quotas are bad.
"But if you are saying, 'Stop people when you see them breaking
the law,' that is good."
It's important for troopers in South Carolina -- which suffers
from a shortage of troopers and a high rate of traffic fatalities --
to be visible in writing tickets, Crosby said. "A lack of strict
enforcement leads to a sense of traffic lawlessness."
But, in his letter of resignation last year to the Highway
Patrol, McAbee said the quota policy takes time away from
patrolling.
"Troopers do not have time to look for serious violations that
can truly save lives," he wrote.
No trial date has been set for McAbee's suit, which seeks $1
million in damages for allegedly violating his freedom of
speech.