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HomeMy WebLinkAboutResolution 4019-08-2011A Resolution NO. 4019 -08 -2011 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; 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 junked 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 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 appoint Diana Shipherd as Hearing Officer of the Parking Violations Bureau for a two -year term, with the hearing officer's annual salary set at $47,008.00, 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City Council hereby appoints Diana Shipherd 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 ORT WORT Resolution No. 4019 -08 -2011 ATTE to City Code, and to perform other duties assigned by the City Manager or his designee. Adopted this 23`d day of August 2011. APPROVED CITY COUNCIL ORT WORT [f AUG 2 3 2011 '\ -C `� �""f' Ity Secretary of the of Fort Worth, Tw= City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/23/2011 - Resolution No. 4019 -08- 2011 DATE: Tuesday, August 23, 2011 LOG NAME: 38HEARING OFFICER REFERENCE NO.: * *G -17363 SUBJECT: Adopt Resolution to Appoint Diana Shipherd 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 Duties Assigned (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached resolution to appoint Diana Shipherd as Hearing Officer for the Fort Worth Parking Violations Bureau for a two -year term effective August 23, 2011 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. 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 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. This is Diana Shipherd's first appointment as Hearing Officer. Logname: 38HEARING OFFICER Page I of 2 The attached resolution appoints Diana Shipherd 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 funds are available in the current operating budget, as appropriated, of the General Fund. FUND CENTERS: TO Fund /Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: Logname: 38HEARING OFFICER FROM Fund /Account/Centers Charles Daniels (6183) Deidra Emerson (6711) Dakisha Boone (6737) Page 2 of 2