CR 2000-191 Appointment Of Administrative Hearing Officers
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. November 21,2000 Council Report 2000-191
Appointment of Administrative Hearing Officers
Proposed Action
Staffrecommends adoption of the following motion: Approve List of Administrative Hearing
Officers.
This action will continue the process of establishing an administrative citation process for the City of
Hopkins.
Overview
Ordinance 2000-847 requires the City Council to appoint Administrative Hearing Officers. Hearing
Officers will hear appeals to administrative citations.
The only criteria that the Ordinance establishes for hearing officers are that they are lawyers and they
cannot be employees of the City. The attached list of Hearing Officers are lawyers that have served in
this capacity for the city of Minnetonka and have indicated a willingness to serve in the same capacity
. in other cities.
Primarv Issues to Consider
. Who should serve as hearing officers?
Supportin~ Information
. List of proposed hearing officers.
. Administrative Hearing Procedures
Ja s Genellie
ssistant City Manager
Financial Impact: $ Budgeted: Y/N Source:
Related Documents (eIP, ERP, etc.):
Notes: It is allticipated that the administrative fines would more than offset the cost of the process.
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Council Rep0l1 2000-191
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Analysis of the Issues
Who should serve as hearing officers?
The only explicit criteria established for hearing officers are that they are lawyers and not employees of
the City. There is no requirement about working or living in Hopkins. However, the Administrative
Hearing Procedures sets out reasons for disqualification of a hearing officer on any particular case.
These reasons include:
A. Personal interest in the action.
B. Financial interest in the action.
C. Relationship to any party.
D. Fonner counsel for party. If any member of the Officer's firm would be disqualified under
this provision, the Hearing Officer is also disqualified.
E. Bias or prejudice.
Lawyers who live or work in Hopkins are somewhat more likely to experience a conflict.
In addition the attorneys on the attached list are familiar with the hearing procedures.
. If there is a need additional attorneys can be appointed in the future.
Alternatives
1. Approve appointment of recommended Hearing Officers.
2. Do not approve appointment of recommended Hearing Officers.
3. Continue for additional information.
Staffrecommends Alternative #1.
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ADMINISTRATIVE HEARING OFFICERS
. Appointed November 21,2000
Steve Bergeson
Jordan, MN
Jo1m C. DeMoss
Edina, MN
Timothy Dunn
St. Paul, MN
Robert Fine
Minneapolis, MN
Robert Greising
Waterville, MN
James Gurovitsch
Brooklyn Center, MN
Joel Lavintman
. Mendota Heights, MN
Robert Reutiman
Wayzata, MN
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ADMINISTRATIVE CITATION
HEARING PROCESS
Contents:
1. INTRODUCTION.... ........................................ ....................... ................ ............. ................... ..... ..... ..2
1.1 Intent. ...... ....... ...... ........... ............ ......... ........ ...... ........ .................. ...... ............ ................ ..............2
1.2 Authority. ...... .......... ........... ............ ......... .............. ......... ........ ......... ............ ................... ...............2
2. PRE-HEARING PROCEDURE ................ ........ ....................... ................................ ........ ...................2
2.1 Requesting a Hearing............ .......................... ............. ........ ........................ ................ ..... ........ ...2
2.2 Selection of Hearing Officers. ............. ..... ....................... ........................ ........... ........ ............. ..... 3
2.3 Self -Disqualification.... ................ ........ ..... ................ ..... ..... ................... ........ ..... ........... ........ .......3
2.4 Disqualification by Party. ... ......... ............ ..... ....... .............. ............ ........ ............ ........ ......... ...........3
. 2.5 Hearing Time and Date. .......... ........ .................. ........ .......................... ................................ ..... ....3
2.6 Notice of Hearing.. .............. .................. ........ ....................... ................ ..... ........ ................... .........4
2.7 Continuances. ..... .... .......... ..... ....,... ............. ..... ........ ............. ............ ................ ............ ......... ......4
2.8 Pre-Hearing Communications. ... ..................... ..... ............. ............. ...................... ........ ..... ........ ...4
2.9 Subpoenas. .......... ........ ............ ......... ........ ......... ....................... ........... ................ ........ ..... .... .......4
3. HEARING PROCEDURE ....... ............................... ............. ..... ..................... ................... ............. .....4
3.1 Reporting.. ........... ....... .... ............ ............ .... .......... ............. ......... ........ .............. ..... ....... ......... .......4
3.2 Failure to Appear. ...... ............ ..........., ........ ...... ....... .............. ......... ........ ............ ........... ...... ... .......5
3.3 Hearing Procedure. ......... ......... ............ .............. ....... .............. ..... ....... ................. ........... ......... .... 5
3.4 Decision........ ........... ........... ............ ......... ......... ..... ......... .... ................ ............ ...... ......... .......... .....5
3.5 Filing the Decision. ................... ............. ............. .......... ........ ..... ........... ................................ ..... ...6
4. POST-HEARING PROCEDURES.... ....................... ........ .................. ........... ........... ........ ............. .....6
4.1 Appeal. ..... .............. ........... ........ ............. .......... ................ ..... ..... ................... ........ ........ ..... .......... 6
4.2 Time to Pay. ...... ........... ................ ..... ............. ........ .................. ........ ..... ........... ..................... .......6
4.3 Consequences of Failure to Pay. ............ .................. ..... ........ ........ ..... ........... ..... ........... .......... ....7
5. ADMINISTRATIVE MATTERS......... ............ ..... ............. ......... ..... ........... ................ ........... ......... ....... 7
5.1 Hearing Officer's Fees.............. ............. ................ .......................... ..... ........................... ..... ........7
5.2 Custody of File. ... ................ ........... ....................... .......................... ........................ ........ ............. 7
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. 1. iNTRODUCTION
1.1 Intent.
The Hopkins City Court was created by the City of Hopkins as an alternative forum
for enforcing City ordinances. The City previously used the criminal justice system
for enforcement of its ordinances but found that system to be somewhat
unsatisfactory:
a. The delay in that system did not ensure prompt resolution.
b. Citizens resented being labeled as criminals for violations of administrative
reg u lation s.
c. The higher burden of proof and potential of incarceration did not appear
appropriate for most administrative violations.
d. The criminal system did not always regard City ordinance violations as
important.
e. The criminal system required citizens to take time off from work to appear at
court.
The City Court is intended to avoid these disadvantages and to provide a forum
which is more informal and less threatening to alleged violators.
. 1.2 Authority.
The Hopkins City Charter authorizes the City Council to establish by ordinance a
procedure for imposing a civil penalty not exceeding $2000 for each violation of a
city ordinance. This procedure must provide an opportunity for the accused to be
heard by a neutral party.
The City Council adopted City Code Sections 355.01 through 355.11 to govern
administrative enforcement of the ordinances, including imposition of civil penalties.
Pursuant to these sections, enforcement is commenced by the issuance of an
administrative citation. The recipient may pay a fine established by City Council
resolution or may request a hearing. If a hearing is requested, the procedures in this
handbook are followed.
The civil penalty provided for in this section is in addition to any other penalty which
may be imposed for a violation of an ordinance, including but not limited to, criminal
charges and/or the suspension or revocation of any license or permit.
2. PRE-HEARING PROCEDURE
2.1 RequestinQ a HearinQ
Requests for hearings can be made either verbally or in writing to the City Clerk's
office within fourteen days of the date the citation was issued. Written requests will
be accepted if they are postmarked within the fourteen-day period. If the fourteenth
. day falls on a weekend or holiday, the request may be made by the end of the first
business day after the fourteenth day.
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. The City Clerk shall reject a request for a hearing that is made more than fourteen
days after a citation was issued.
2.2 Selection of Hearinq Officers.
The City Clerk's office will randomly select a Hearing Officer from the list of lawyers
approved by the City Council. The Clerk will contact the selected lawyer and indicate
the types of cases and the names of the people involved.
2.3 Self -Disqualification.
Upon being assigned to a case, the Hearing Officer must decide if there are grounds
for self-disqualification. Grounds for such disqualification include:
A. Personal interest in the action.
B. Financial interest in the action.
C. Relationship to any party.
D. Former counsel for party. If any member of the Officer's firm would be
disqualified under this provision, the Hearing Officer is also disqualified.
E. Bias or prejudice.
If grounds for self-disqualification exist, they may be disclosed to the parties in
writing and expressly waived by the parties in writing. Otherwise, the Hearing Officer
must notify the City Clerk's office of the disqualification, and another Hearing Officer
. will be selected. The City can disqualify a Hearing Officer for any of the reasons
listed above.
2.4 Disqualification by Party.
No later than five days before the date of the hearing, any party may file a written
request with the City Clerk's office to remove the assigned Hearing Officer. The first
such request by an accused will automatically be granted. Any subsequent request
by an accused for the same matter and any request by the City will be referred to the
assigned Hearing Officer, who will decide whether he or she cannot fairly and
objectively hear the case. The Hearing Officer must issue a written decision by the
date of the hearing. If the Hearing Officer grants the request, it shall be filed with the
City Clerk as quickly as possible to allow for assignment of another Hearing Officer.
If the request is not granted, the Hearing Officer may either (a) file the decision with
the City Clerk who will mail it to the requesting party or (b) serve it upon the
requesting party at the scheduled hearing.
2.5 Hearinq Time and Date.
The City Clerk must schedule a hearing to occur within 30 days after receiving the
accused's request for a hearing. The City Clerk's office will contact the Hearing
Officer for an available date and schedule the time and place for the hearing. The
Hearing Officer will generally be expected to be available for one-half of a day or an
evening. More than one matter may be scheduled for hearing during that time.
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. 2.6 Notice of Hearinq.
At least 14 days before the scheduled date, the City Clerk's office will send a notice
of the hearing date, time, and location to the Hearing Officer and all parties,
including the property owner if the property is rented, unless a shorter time is
accepted by all parties. The notice will contain the names of the parties and the type
of violation alleged. Service of the Notice will be by first class mail and will be
complete upon mailing
2.7 Continuances.
A continuance of the hearing may be granted only by the City Clerk's office for good
cause shown. Generally, continuances should be for no more than 10 days.
2.8 Pre-Hearinq Communications.
Except for a subpoena request (see below), there must be no ex parte
communication between the Hearing Officer and the parties. All scheduling and
continuances will be handled by the City Clerk's office.
2.9 Subpoenas.
Upon the Hearing Officer's own initiative or upon written request of a party who
demonstrates the need, a subpoena may be issued for the attendance of a witness
or the production of documents which are material to the matter being heard. If the
. Hearing Officer authorizes a subpoena, notification must be made to the City Clerk's
office who will obtain the necessary subpoena from the Hennepin County District
Court (which will issue the subpoena based on authority of the Hopkins City
Charter).
The party requesting the subpoena is responsible for serving it in the same manner
as civil actions and paying fees and expenses of the witness. A person served with a
subpoena may file an objection with the Hearing Officer, with copies to be given to
the City Clerk and the accused, before the time for compliance with the subpoena.
The Hearing Officer may cancel or modify the subpoena if it is unreasonable or
oppressive. The Hearing Officer shall state the reason in writing.
The Hearing Officer must notify the City Clerk's office if someone fails to comply with
a subpoena. Failure to comply with a subpoena is a misdemeanor and constitutes
contempt of court.
3. HEARING PROCEDURE
3.1 Reportinq.
Hearing Officers are requested to report to the City Clerk's office at least 15 minutes
before the scheduled hearing. This will allow for any administrative tasks and
last-minute changes. The Hearing Officer may also review the files at this time.
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. 3.2 Failure to Appear.
The failure of an accused to appear constitutes an admission of the violation. The
Hearing Officer may proceed to impose a penalty. If the City representatives fail to
appear, the charge must be dismissed. If the absent person contacts the Hearing
Officer or the City Clerk's office within a reasonable time after the scheduled hearing,
the Hearing Officer will be asked to rule on whether there was good cause for the
absence. Examples of good cause are: death or incapacitating illness of the
accused; a court order requiring the person to appear for another hearing at the
same time; and lack of proper service of the citation or notice of the hearing. Good
cause does not include: forgetfulness and intentional delay.
3.3 Hearinq Procedure.
The City Clerk's office will provide a tape recorder and tapes, and the hearing must
be recorded. A representative from the City Clerk's office may be present to assist
the Hearing Officer. The procedure should be informal, without strict rules of
evidence. The Hearing Officer shall make such rulings and take such action as
deemed necessary to conduct a dignified and orderly hearing. The Hearing Officer
will determine whether to allow opening and/or closing statements. The parties have
the right to present testimony and cross-examine each other's witnesses. The City
bears the burden of proving a violation and should proceed first.
The Hearing Officer must administer an oath or affirmation to each witness. The
. Officer will receive testimony and exhibits and give weight to evidence, including
hearsay evidence, which possesses probative value commonly accepted by
reasonable and prudent people in the conduct of their affairs. An accused may be
assisted by an attorney or any other person, but neither an attorney nor any other
person may represent the accused at the hearing or speak on the accused's behalf
at the hearing except as a witness testifying about the facts regarding the
allegations. Because this is a civil matter, the Officer must find a violation only if the
greater weight of the evidence supports such a finding.
The Hearing Officer may continue the hearing for good cause. The hearing must be
rescheduled before adjournment.
3.4 Decision.
The Hearing Officer has the authority to determine that a violation occurred. to
dismiss a charge, to impose the fine established in the City Council-approved
schedule, and to reduce, stay, or waive the established amount of the fine either
unconditionally or upon compliance with appropriate conditions.
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. When a violation is found, the Officer may consider any or all of the following factors
in imposing a penalty:
A. the duration of the violation,
B. the frequency of reoccurrence of the violation,
C. the seriousness of the violation,
D. the history of the violation,
E. the violator's conduct after issuance of the notice of hearing,
F. the good faith effort by the violator to comply,
G. the economic impact of the penalty on the violator,
H. the impact of the violation upon the community, and
I. any other factors appropriate to a just result.
The Hearing Officer may not impose a fine greater than the established fine but may
impose a penalty for each day of a continuing violation if (a) the violation caused a
serious threat of harm to the public health, safety, or welfare or (b) the accused
intentionally and unreasonably refused to comply with the city code requirement.
3.5 FilinQ the Decision.
The Hearing Officer should try to announce the decision at the end of the hearing. If
there is a need for time to review evidence and reflect or because of an emotional
. party, the Hearing Officer may announce that he or she is taking the matter under
advisement.
The Hearing Officer must put the decision in writing with a brief description of the
basis for the decision. A form will be provided. If a decision is made at the end of the
hearing, the City Clerk's representative will make copies for the parties.
If a decision is not made at the end of the hearjng, the Hearing Officer must provide
a written decision to the City Clerk's office within ten days. That office will mail a
copy to the parties.
4. POST-HEARING PROCEDURES
4.1 Appeal.
A party aggrieved by a Hearing Officer's decision may appeal the decision to District
Court pursuant to the procedures set forth in Minnesota Statutes.
4.2 Time to Pay.
The violator may have 30 days within which to pay the fine. A late payment fee of
10% of the fine will be imposed for each 30-day period, or part thereof, after that
time.
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. 4.3 Consequences of Failure to Pay.
If the person does not pay the fine, the City may:
A. Assess the penalty against real property in the City which was the subject of
the violation.
B. Obtain a judgment and begin collection procedures.
C. Suspend or revoke a City-issued license that is associated with the violation.
D. Commence a criminal proceeding in District Court for failing to pay.
5. ADMINISTRATIVE MATTERS
5.1 Hearinq Officer's Fees.
The Hearing Officer must submit to the City Clerk a signed application for fees on
the form provided. No fees will be paid if any of the officer's decisions have not been
timely filed, without good cause, at the Clerk's office. The fee will be $100 per
half-day or evening for hearings and $10 each for action on a request for
disqualification, for a subpoena, for quashing a subpoena, or for a finding of good
cause for a non-appearance.
5.2 Custody of File.
The Hearing Officer shall give to the Clerk's office all exhibits submitted at the
. hearing and the tape recording. If a party wishes to withdraw an exhibit, the Clerk
will make a copy to keep with the Clerk's file.
Revised: 10/19/2000
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