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HomeMy WebLinkAboutResolution 4610-03-2016 A Resolution NO. 4610-03-2016 RE-APPOINTING SUBSTITUTE HEARING OFFICERS IN THE PARKING VIOLATIONS BUREAU AND DESIGNATING THE HEARING OFFICERS TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 7, 10, 12.5, 22, AND 34 OF THE CITY CODE AND TO PERFORM OTHER ASSIGNED DUTIES WHEREAS, The Substitute Hearing Officers serve on an as-needed-basis to hear specific cases and ensure the proper and efficient functioning of administrative hearings. The Substitute Hearing Officers, vested with the same authority as the full-time hearing officer, are authorized to conduct hearings; WHEREAS, Chapter 7 of the Code of the City of Fort Worth (2015), as amended, (City Code) provides for a hearing officer to hear appeals from decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes; WHEREAS, Chapter 10 of the Code of the City of Fort Worth provides for the appointment of one or more hearing officers who serve two-year terms and adjudicate cases involving parking, stopping, or standing of vehicles and conduct boot hearings; WHEREAS, Chapter 12.5 of the City Code provides for a hearing officer to hear formal appeals regarding solid waste and recycling decisions; WHEREAS, Chapter 22 of the City Code provides that the hearing officer oversees the Parking Violations Bureau and has original jurisdiction over cases involving violation of city ordinances governing the parking, stopping, or standing of vehicles and that the hearing officer conducts hearings involving violation of city ordinances governing abandoned and junked vehicles; WHEREAS, Chapter 34 of the City Code designates the City-Council-appointed hearing officer in Municipal Court to hear appeals from denial, suspension, or revocation of an individual's vehicle-for-hire driver's permit, and from denial, suspension, or revocation of a company's vehicle-for-hire operating authority; and WHEREAS, it is recommended that the City Council re-appoint Jerry Hataway and Dave Westen as Substitute Hearing Officers for the Fort Worth Parking Violations Bureau to each serve a two-year term, and designate the Substitute Hearing Officers to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, 22, and 34 of the City Code and to perform other duties assigned by the City Manager or his designee; Jy ORT WORT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That, the City Council hereby re-appoints Jerry Hataway and Dave Westen as Substitute Hearing Officers for the Fort Worth Parking Violations Bureau effective April 15, 2016, through April 14, 2018, and designates the Substitute Hearing Officers to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, 22 and 34 of the City Code, and to perform other duties assigned by the City Manager or his designee. Adopted this 29th day of March, 2016 i°rte 4 �o ATTEST: p ° d Bl�}*%9% a�'a*,r� By: h 00©#0004 'Q' Mary J. qKer$, ity Secretary ' ORT WORT City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION. Approved on 3/29/2016 - Resolution No. 4610-03-2016 DATE: Tuesday, March 29, 2016 REFERENCE NO.: **G-18702 LOG NAME: 38RE-APPOINT HEARING OFFICERS SUBJECT: Adopt Resolution Re-Appointing Jerry Hataway and Dave Westen as Substitute Hearing Officers for the Fort Worth Parking Violations Bureau and Designating the Substitute Hearing Officers to Conduct Hearings and Appeals Pursuant to Chapters 7, 10, 12.5, 22 and 34 of the City Code and to Perform Other Duties Assigned (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution re-appointing Jerry Hataway and Dave Westen as Substitute Hearing Officers for the Fort Worth Parking Violations Bureau for a two-year term effective April 15, 2016 through April 14, 2018 and designating the Substitute Hearing Officers to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, 22 and 34 of the City Code and to perform other duties assigned. DISCUSSION: Section 10-17 of the Code of the City of Fort Worth (2015), as amended, (City Code) specifies that the City of Fort Worth Parking Violations Bureau is composed of one or more Hearing Officers who are appointed by the City Council for terms of two years and who report to and are under the administrative oversight of the Director of Municipal Court Services. A Substitute Hearing Officer serves on an as- needed-basis to hear specific cases and ensures the proper and efficient functioning of administrative hearings. The Substitute Hearing Officers, vested with the same authority as the full-time hearing officer, are authorized to conduct hearings under Chapters 7, 10, 12.5, 22 and 34 of the City Code, including the following: 1. Hears appeals from the decisions of the Director of Code Compliance regarding the probationary status, suspension or revocation of the registration of multi-family complexes as provided in Chapter 7 of the City Code; 2. Adjudicates cases involving parking, stopping, or standing of vehicles and conducts boot hearings under Chapter 10, Article II, of the City Code; 3. Conducts formal appeal hearings regarding solid waste and recycling decisions for the Director of Code Compliance or his designee under Chapter 12.5, Article VIII, of the City Code; 4. Conducts hearings involving violations of City ordinances governing abandoned and junked vehicles, as set out in Chapter 22, Article IX, of the City Code; and 5. Hears appeals from the denial, suspension or revocation of an individual's vehicle-for-hire driver's permit and from the denial, suspension or revocation of a company's vehicle-for-hire operating authority, as provided in Chapter 34, Article VI, of the City Code. Logname: 38RE-APPOINT HEARING OFFICERS Page I of 2 This is the second term for both Jerry Hataway and Dave Westen as Substitute Hearing Officers. The attached resolution re-appoints Jerry Hataway and Dave Westen as the Substitute Hearing Officers for the Fort Worth Parking Violations Bureau and designates the Substitute Hearing Officers to conduct hearings and appeals under Chapters 7, 10, 12.5, 22 and 34 of the City Code and to perform other duties assigned by the City Manager or his designee. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6192) Originating Department Head: Dakisha R. Wesley (6711) Additional Information Contact: Sandra Garcia (2032) Logname: 38RE-APPOINT HEARING OFFICERS Page 2 of 2