CR 99-223 Designation Of Hearing Officer
December 21, 1999
Council Report 99-223
DESIGNATION OF HEARING OFFICER
Staff recommends approval of the following motion: Approval of Resolution 99-110
designating the Hopkins City Manager. or the City Manager's designee. to act as the
designated Hearing Officer dealing with violations of the City's Tobacco ordinance.
Overview
In 1997, the Hopkins City Council adopted City Ordinance 1155 dealing with the sale,
use and possession of tobacco products. One of the provisions of the Ordinance is to
allow for administrative penalties for violations of the provisions of the Ordinance. The
Ordinance also provides that anyone who has been subjected to administrative penalties
is allowed to request a hearing to contest the penalties. The City Council may act as the
Hearing Officer or delegate this responsibility by official Resolution.
Prima" Issues to Consider
Is the City Manager or the Manager's designee the appropriate person to serve as the
Hearing Officer?
Is there a conflict of interest in having the City Manager or the City Manager's
designee serve as the Hearing Officer?
Supportioa Documents
Resolution 99-110
Police Department
Council Report 99-233
Page 2
Prima", Issues to Consider
Is the City Manager, or the City Manager's designee, the appropriate person to serve
as the Hearing Officer?
Having the City Manager or the Manager's designee serve as the Hearing Officer is
consistent with the provisions of other Ordinances, such as the Animal Control
Ordinance, which designate someone other than the City Council to serve as Hearing
Officers.
Is there a conflict of interest in having the City Manager or the City Manager's
designee serve as the Hearing Officer?
No. The initial administrative penalties assessed for violations of the Tobacco
Ordinance are specifically set by the Ordinance, not the Hearing Officer. The
Hearing Officer would not be put in the position of reviewing penahies which he/she
originally assessed.
Alternatives
The City Council has the following alternatives regarding this item:
1. Approve the recommendation of staff to designate, by official Resolution, the City
Manager or the City Manager's designee to serve as the Hearing Officer.
2. Adopt the Resolution but amend it to designate someone other than the City Manager
or the City Manager's designee.
3). Deny approval which would result in the City Council being the designated Hearing
Officer.