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HomeMy WebLinkAboutResolution 3913-08-2010A Resolution NO 3913-08-2010 RE APPOINTMENT OF THE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU AND DESIGNATION OF THE HEARING OFFICER TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 10, 12 5, 22, AND 34 OF THE CITY CODE AND TO PERFORM OTHER ASSIGNED DUTIES 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 and WHEREAS, Chapter 12 5 of the City Code provides for a hearing officer to hear formal appeals regarding solid waste and recycling decisions of the Director of Environmental Management or his designee and 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 dunked vehicles and 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 individuals vehicle for hire driver s permit, and from denial suspension or revocation of a company s vehicle for hire operating authority and WHEREAS, since 2006 David Westen has been appointed and served as hearing officer under the listed ordinances and performed other job duties as assigned and WHEREAS it is recommended that the City Council re appoint David Westen as Hearing Officer of the Parking Violations Bureau for a two year term, with the hearing officer s annual salary set at $48 713 60 and designate the Hearing Officer to conduct hearings and appeals pursuant to Chapters 10 12 5 22 and 34 of the City Code and to perform other duties assigned by the City Manager or his designee ORT WO T z RESOLUTION NO 3913 08-2010 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS The City Council hereby re appoints David Westen as Hearing Officer in the Parking Violations Bureau to serve for a two year term and designates the Hearing Officer to conduct hearings and appeals pursuant to Chapters 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 17th day of August 2010 x,-,~- ATTE S !t, ~~~t~~~~ ~'* ~ "~`" / :~ ~~:.~ MartyrHendrix City~Sre~retary .~ ~ ~ ~'~. ~. ~~ ~ ~'~ ~' ~~ ~~r~"'~ttt'L*~,~~''"~~T , oRrWo~r CITY COVAAtt ItlC~~ AUG 17 2010 ~'~~ ~'~ , r~ City of Fort Worth, Texas Mayor and Council Communication _~ COUNCIL ACTION: Approved on 8/17/2010 "`- Res. No. 3913.08-2010 _~. F ~ _-,,~ ~-~ ~~. ; ~ ~ ~ ._ _,-r---_ - -~~~ .._~, DATE Tuesday August 17 2010 REFERENCE NO *G-17019 LOG NAME 38PARKING10 SUBJECT Adopt Resolution Re-Appointing David Westen as Hearing Officer in and for the City of Fort Worth Parking Violations Bureau and Designating the Hearing Officer to Conduct Hearings and Appeals Pursuant to Chapters 10 12.5 22 and 34 of the City Code and to Perform Other Assigned Duties RECOMMENDATION It is recommended that the City Council adopt the attached resolution re-appointing David Westen as hearing officer for the Fort Worth Parking Violations Bureau for atwo-year term effective August 16 2010 and designating the hearing officer to conduct hearings and appeals pursuant to Chapters 10 12 5 22 and 34 of the Code of the City of Fort Worth (1986) as amended and to perform other duties assigned by the City Manager or his designee DISCUSSION Section 10-17 of the 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. Under chapters 12 5 22 and 34 of the City Code the City Council and the City Manager are tasked with appointing hearing officers to perform various functions, and the parking violations hearing officer has been designated to perform those duties as well The hearing officer 1 Oversees the Parking Violations Bureau and has original jurisdiction over cases involving violations of city ordinances governing the parking stopping or standing of vehicles as set out in Chapters 10 and 22 of the City Code 2 Conducts boot hearings under Chapter 10 Article II of the City Code 3 Conducts formal appeal hearings regarding solid waste and recycling decisions of the Director of Environmental Management 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 fX, 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 David Westen was first appointed as hearing officer on August 15 2006 with the approval of M&C G- 15349 and was reappointed in August 12 2008 when City Council approved M&C G-16230 Westen's Logname• 38PARKINGI O Page 1 of 2 current two-year term is expiring and reappointment is necessary for him to continue serving The attached resolution appoints David Westen as the hearing officer for the Fort Worth Parking Violations Bureau and designates the hearing officer to conduct hearings and appeals under Chapters 10 12 5 22 and 34 of the Code of the City of Fort Worth (1986) as amended and to perform other duties assigned by the City Manager or his designee FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds FUND CENTERS TO Fund/Account/Centers FROM Fund/AccountlCenters CERTIFICATIONS Submitted for City Manager's Office by: Charles Daniels (6183) Originating Department Head. Deidra Emerson (6711) Deidra Emerson (6711 } Additional Information Contact: Kimberly O Neil (6737) Logname• 38PARKINGIO Page 2 of 2