Holiday Spirit or Gratuity

What is a gratuity? How far will local and state agencies go? Do you believe that Christmas gift baskets of cookies and candies, or other inexpensive gifts given for holidays are considered a gratuity?

This petition is in support of Amanda S. Adolf (DBA: Preferred Towing) to request the California Highway Patrol to overturn a decision to terminate its contract with Amanda S. Adolf and Preferred Towing, based on the giving of Christmas gift baskets.

The California Highway Patrol (CHP) in the Newhall California area, has terminated a state contract with Amanda S. Adolf (DBA: Preferred Towing) for providing gratuities to CHP personnel. The CHP states, Preferred Towing purchased several gift baskets around Christmas time which they handed out to several officers along with other gifts. (CHP Memorandum, March 07, 2007).

Yes, during Christmas 2005, Preferred Towing purchased countless gift baskets filled with holiday cookies and candies, which were handed out to countless individuals and companies. These holiday baskets were distributed to accounts, acquaintances, and friends of the company and the owner Amanda S. Adolf, which the company has done for the past eight years.

In June 2006, the California Highway Patrol launched in investigation against Preferred Towing in regards to the baskets provided. The California Highway Patrol spent an entire year conducting interviews and investigating the Christmas baskets given during 2005. In the end, Preferred Towing and Amanda S. Adolf were terminated for providing gratuities effective June 30, 2007.

Preferred Towing has served the California Highway Patrol for over eight years on the rotation and carries a notable service record. Preferred Towing has never had written or oral reprimand, suspension or previous termination. The contract in which Preferred Towing was terminated states, CHP personnel shall not be offered gratuities and that, A violation of this section shall be cause for suspension or termination. (TSA, element 19G, 2006-2007). It is noteworthy that the TSA does not define gratuities. Accordingly, we must look at the custom and practice within the district. We must look at the customs and practices since there is an overriding policy by the CHP of FAIR AND UNIFORM ENFORCEMENT.

The same department that has terminated Preferred Towing and Amanda S. Adolf has allowed other, male owned companies to provide holiday gifts without suffering any form of suspension, let alone termination. Even as recent as Veterans Day 2007 the CHP graciously accepted gifts from another local contracted towing company.

The overwhelming fact of this case is, Amanda S. Adolf became the sole owner in behalf of Preferred Towing in May 2006. After the CHP learned that Amanda S. Adolf was listed as the sole proprietor of Preferred Towing, things became progressively more difficult. Several officers have repeatedly treated Amanda S. Adolf with scorn, derision, and contempt.

Yet, despite the overwhelming evidence of the CHPs practice of selective enforcement, Amanda S. Adolf and Preferred Towing have been forced to incur thousands of dollars in legal fees to fight the spurious termination.

Being a single mother and female owned company in a male dominated industry, Amanda S. Adolf has endured countless forms of harassment and needs your support in this matter.

Take a stand and express your opinion that a holiday basket of cookies, given out of holiday cheer and spirit, should in no way be misconstrued as a gratuity. The definition of gratuity is clear. A gratuity is a gift of money, or anything of value given in order to persuade or alter anothers behavior or in return for some sort of service. In this case, Preferred Towing and Amanda S. Adolf gave holiday baskets or gifts for the purpose of Christmas, not in exchange or in attempt to alter any form of behavior.

The CHPs own call log system even shows that in fact, Preferred Towing received more than 100 calls less than other companies in the same contract area. Obviously, Preferred Towing did not receive any preferential treatment due to giving Christmas baskets.

According to countless interviews conducted by the California Highway Patrol, numerous officers are in complete support of Amanda S. Adolf and Preferred Towing.

--- An officer employed by the California Highway Patrol for 9 years and the previous Tow Officer states, Preferred Towing has never requested preferential treatment and never attempted to sway my decisions.

--- An officer employed by the California Highway Patrol for 15 years states, Preferred Towing is the best company in the area.

--- An officer employed by the California Highway Patrol for 12 years states, Preferred Towing is the fastest and most knowledgeable company I know.

Throughout this matter, the Tow Officer Perry Haggard from the Newhall area California Highway Patrol has made several false accusations and statements against Preferred Towing. His memorandum of recommendation to Sacramento is filled with blatantly false and inaccurate information. In addition, Sergeant Rick Miler of the Newhall area California Highway Patrol discouraged Amanda S. Adolf from filing complaints against the Tow Officer. Sergeant Rick Miler stated, Filing complaints may cause you waves. Amanda S. Adolf has raised the issue of these lies and the failure to file complaints to Captain Steven Bernard of the Newhall area, Lieutenant Elvira of the Newhall area, and Assistant Chief Klein of the California Highway Patrol Southern Division; yet these officers have not been reprimanded for their actions.

Finally, do you believe that Christmas gift baskets of cookies and candies, inexpensive gifts, or gift exchanges between friends for holidays are considered a gratuity?

This case will set precedence for all future cases. All towing companies in California that have ever provided or will provide in the future, any form of holiday gift to the CHP could face the same consequences. The point is that any company should be able to express holiday cheer and give cookies, candies, or other insignificant gifts to their local law enforcement departments without fear of prosecution, or as in this case, termination.

The Facts:

1. The CHP has accepted Christmas gifts for eight previous years with no problems. Only after becoming the sole female owner did the CHP terminate the contract for providing these baskets two years prior.

2. The CHP never made any direction for tow companies not to provide any gifts until May 2007, two years after Preferred Towing provided gifts.

3. After the CHP made direction for tow companies not to provide gifts, another contracted company in the same area provided gifts that were graciously accepted with no reprimand. (This is a male owned company)

4. Preferred Towing did not chase down any officer to deliberately give any gift. Baskets were given to a few officers when they stopped at Preferred Towings office.

5. The CHP had authority to give written reprimand or suspension in this matter, yet they chose the harshest punishment, termination of an outstanding company.

6. Why has the CHP chosen to overlook and allow the tow officer to repeatedly lie with no reprimand?

7. Why has the CHP allowed a Sergeant to discourage and refuse to file formal complaints.

8. Bottom line, why has the CHP taken such severe action in this case, when other major violations and complaints are overlooked against other, male owned companies?

I truly believe that overall, the California Highway Patrol has some outstanding officers. Just a few bad apples can destroy a great thing!

Please take the time to sign in support of the non-gratuity Christmas gifting.

There is much more information and circumstances involved in this case; therefore, Amanda S. Adolf and Preferred Towing are more than willing to share all letters, tape interviews and any other documentation in this matter. Please contact Amanda S. Adolf at ([email protected]) with any questions or comments.