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A towing company proprietor is accusing the city of showing favoritism to competing companies by dragging its feet and refusing to include his firm on a list of companies serving the local police department.
Phoenix Metro Towing LLC owner Shawn McGregor is accusing Apache Junction city leaders of excluding his firm from the Apache Junction Police Department’s rotation list, even though he claims to meet all necessary requirements to be on the list.
"I just wanted to be on the rotation with a fair handshake," he said. "I knew nothing of the conflict, but now every time I turn around there is something else."
The city of Apache Junction, through the police department, does not issue contracts for towing companies to service its needs.
Instead, the department presently shares its business with three local towing firms, rotating calls between the three as needs arise.
Phoenix Metro is not presently one of the three on the list.
Apache Junction Police Department Administrative Sgt. Phil Freeman monitors towing services enlisted by the city and says over the last year, several towing companies have applied to be on the rotation list.
According to Sgt. Freeman, who took over the oversight responsibility of the towing rotation list about two years ago, none of the existing towing companies on the list have been audited in the last two years.
Mr. Feeman says his closest estimate as to when a complete audit of rotation list companies occurred between 2002 and 2006, but could not say for sure.
Although audits have not been conducted recently, Sgt. Freeman did say that is going to change.
"I can pretty much guarantee all companies applying for or on the list will be audited over the next year," he said.
Mr. McGregor claims he should be on the list because his firm meets all requirements. He says not all those on the list can make the same claim.
Sgt. Freeman could not confirm or deny that all towing companies currently employed by the city meet all guidelines set by city officials.
Requirements to be considered for the AJPD rotational list include, among other things:
•Two-way radio system with 24 hours of dispatching on wreckers.
•A minimum of a medium duty wrecker and a lift or rollback wrecker and storage of all wreckers within the city.
•A storage facility within city limits, meeting all city zoning requirements, with a secure fence at least six-feet tall.
•City residency for owner/manager of tow company.
For a complete list of requirements go to http://www.newszap.com.
The city council has discussed the idea of expanding the rotation list. No official date has yet been set as to whether or not a decision will be made to add another company to the list.
Owners of the three local firms fear adding a fourth firm to the rotation list will significantly reduce the amount of calls they receive from the police department.
Within the last three months, two of the three towing outfits working the AJPD rotation have repeatedly gone in front of Apache Junction City Council claiming an addition to the rotation list would put them out of business.
"It has come to our attention the police department is going to introduce an item to you about adding towing companies to the current rotation," said Randall’s Towing Co-owner Bo Randall during the Feb. 5 city council meeting.
Terry Secor, Action Towing owner, claims adopted city code defines the number of towing companies allowed in a city the size of Apache Junction.
He says the number is three, although there is no such rule included within the existing city code, according to Sgt. Freeman.
"They are not responsible to keep our doors open, but they have an obligation to give us a fair shot at business," he said. "If you add more companies it would be suicide for us."
Mr. Secor doesn’t think there is a need to add more towing companies to the rotation list.
"(The police department doesn’t) have a lack of services," Mr. Secor said. "They are opening up a can of worms."
Apache Junction Chief of Police Thomas Kelly does not agree with Mr. Secor, and says certain jobs cannot be completed by the three firms presently on the list.
"I am not here to make business for them," the chief explained. "As far as I know, they don’t have tow trucks able to hook up to semi’s."
Chief Kelly cited a recent incident when a fourth firm was needed.
When a large vehicle — such as a semi-truck — is blocking traffic only a heavy tow truck can be used to move the wreckage. That is exactly what happened March 28.
According to a letter written by Apache Junction Police Corporal Thomas E. Parker, a jack-knifed semi-truck and trailer was blocking traffic on Lost Dutchman Boulevard.
The accident was a result of a U-turn gone awry, but due to the extensive weight of the crashed semi-truck, all wreckers on the AJPD rotation list were not able to assist.
Practice, until recently, was to enlist a towing company from Phoenix — Shamrock Towing — that could handle the massive weight.
Mr. McGregor’s firm, Phoenix Metro Towing, took the call, since they are on the Pinal County Rotation List, and was able to provide the necessary service.
"This saved many taxpayer dollars by helping us to quickly remove the hazard by getting the semi and trailer off the roadway," stated Corp. Parker in a letter sent to Phoenix Metro. "I wanted to take this time to again personally thank you and your staff for helping us as you brought great credit upon yourself, your business and the community of Apache Junction in which you live."
Mr. McGregor thinks his business is being treated unfairly and thinks the city should act to expand membership on the rotation list. "Everything in my company is legit. You can look into me all day."
Apache Junction Councilman Joseph Severs says since Mr. McGregor is an Apache Junction resident, city officials, staff and elected leaders ought to help local businesses, not hurt them.
"I think we need to take care of our local people who want to open businesses here first," he explained.
The councilman believes the requirements for the AJPD rotation list are outdated and in need of changes.
"Ordinances need to be made reasonable. If it is not needed, take it out," he said. "We are supposed to be helping businesses not hurting them."
According to Chief of Police Kelly, Phoenix Metro Towing LLC completed the paperwork needed to be placed on the list. He said, however, all requirements had not been met and questions remained.
"When I looked at the requirements, my recollection was there were some additional questions, (but) we don’t have a dog in the fight," he pointed out. "City council is going to have look at this in the-not-to-far-off future."
Mr. McGregor says he is still pursuing the AJPD rotation list.
"My attorney ... is close to slamming this city with a lawsuit," he added. "I want to remain fair. I feel they are just bawling me here."
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