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Home My WebLink AboutResolution 4838-08-2017 A Resolution NO. 4838-08-2017 APPOINTING THE SUBSTITUTE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU AND DESIGNATING THE SUBSTITUTE HEARING OFFICER TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 7, 10, 12.5, AND 22 OF THE CITY CODE AND TO PERFORM OTHER ASSIGNED DUTIES WHEREAS, the Substitute Hearing Officer serves on an as-needed-basis to hear specific cases and ensure the proper and efficient functioning of administrative hearings; and WHEREAS, the Substitute Hearing Officer is vested with the same authority as the full-time hearing officer and is authorized to conduct hearings; and 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; and WHEREAS, Chapter 10 of the City Code 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; 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 junked vehicles; and WHEREAS, it is recommended that the City Council appoint Sharon Hicks as Substitute Hearing Officer for the Fort Worth Parking Violations Bureau for the remainder of the two-year term vacated by Jerry Hataway, and designate the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and to perform other duties assigned by the City Manager or his designee; ORT WORT Resolution No.4833-08-2017 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That, the City Council hereby appoints Sharon Hicks as Substitute Hearing Officer for the Fort Worth Parking Violations Bureau to serve the remainder of the two-year term vacated by Jerry Hataway, effective August 29, 2017, and expiring April 14, 2018, and designates the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code, and to perform other duties assigned by the City Manager or his designee Adopted this 29" day of August, 2017 ATTEST ��of.FoR� By — — -----Orta-------- � %0 Mary J. Kaecrery '� �'Z �kAS &TWORTFH A Resolution NO. 4838-08-2017 APPOINTING THE SUBSTITUTE HEARING OFFICER IN THE PARKING VIOLATIONS BUREAU AND DESIGNATING THE SUBSTITUTE HEARING OFFICER TO CONDUCT HEARINGS AND APPEALS UNDER CHAPTERS 7, 10, 12.5, AND 22 OF THE CITY CODE AND TO PERFORM OTHER ASSIGNED DUTIES WHEREAS, the Substitute Hearing Officer serves on an as-needed-basis to hear specific cases and ensure the proper and efficient functioning of administrative hearings; and WHEREAS, the Substitute Hearing Officer is vested with the same authority as the full-time hearing officer and is authorized to conduct hearings; and 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; and WHEREAS, Chapter 10 of the City Code 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; 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 junked vehicles; and WHEREAS, it is recommended that the City Council appoint Sharon Hicks as Substitute Hearing Officer for the Fort Worth Parking Violations Bureau for the remainder of the two-year term vacated by Jerry Hataway, and designate the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code and to perform other duties assigned by the City Manager or his designee; ORT WO Resolution No. 4833-08-2017 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: That, the City Council hereby appoints Sharon Hicks as Substitute Hearing Officer for the Fort Worth Parking Violations Bureau to serve the remainder of the two-year term vacated by Jerry Hataway, effective August 29, 2017, and expiring April 14, 2018, and designates the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5, and 22 of the City Code, and to perform other duties assigned by the City Manager or his designee Adopted this 29" day of August, 2017 ATTEST: J ,`y pF F0,4T B y' — — ----- - — ----------- +C% Mary J. Kay City Secretary * i J S ��FEORTWORTH City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/29/2017 - Resolution No. 4833-08-2017 DATE: Tuesday, August 29, 2017 REFERENCE NO.: **G-19082 LOG NAME: 38APPOINTMENT OF SUBSTITUTE HEARING OFFICER SUBJECT: Adopt Resolution Appointing Sharon Hicks as a Substitute Hearing Officer in and for the Fort Worth Parking Violations Bureau and Designating the Substitute Hearing Officer to Conduct Hearings and Appeals Pursuant to Chapters 7, 10, 12.5 and 22 of the City Code and to Perform Other Assigned Duties (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution appointing Sharon Hicks as a Substitute Hearing Officer in and for the Fort Worth Parking Violations Bureau to fill an unexpired term effective August 29, 2017 and expiring April 14, 2018 and designating the Substitute Hearing Officer to conduct hearings and appeals pursuant to Chapters 7, 10, 12.5 and 22 of the Code of the City of Fort Worth (2015), as amended and to perform other duties as assigned. DISCUSSION: Section 10-7 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. The Substitute Hearing Officer serves on an as-needed-basis to hear specific cases and ensure the proper and efficient functioning of administrative hearings. The Substitute Hearing Officer is vested with the same authority as a full-time hearing officer and is authorized to conduct hearings. Under Chapters 7, 10, 12.5 and 22 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. 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. 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; 3. Conducts boot hearings under Chapter 10, Article II, of the City Code; 4. 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; and 5. Conducts hearings involving violations of City ordinances governing junked vehicles, as set out in Chapter 22, Article IX, of the City Code. Upon the retirement of Substitute Hearing Officer Jerry Hataway, the Fort Worth Municipal Court conducted a competitive recruitment for his replacement and Ms. Sharon Hicks was determined to be the top candidate. The attached resolution appoints Sharon Hicks as a Substitute Hearing Officer for the Fort Logname: 38APPOINTMENT OF SUBSTITUTE HEARING OFFICER Page I of 2 Worth Parking Violations Bureau to fill an unexpired term effective August 29, 2017 and expiring April 14, 2018 and designates the Substitute Hearing Officer to conduct hearings and appeals under Chapters 7, 10, 12.5 and 22 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 funds have been appropriated within the General Fund Municipal Court Department and are available in the Fiscal Year 2017 budget for Municipal for the purpose of paying substitute hearing officers. Prior to an expenditure being incurred, the participating department has the responsibility to verify the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year (Chartfield 2) FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year (Chartfield 2) CERTIFICATIONS: Submitted for City Manager's Office by: Valerie Washington (6199) Originating Department Head: Theresa Ewing (7461) Additional Information Contact: Theresa Ewing (7461) Logname: 38APPOINTMENT OF SUBSTITUTE HEARING OFFICER Page 2 of 2