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HomeMy WebLinkAboutCC Resolution 13226 (Independent Expenditures in City Elections)RESOLUTION NO. 13226 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL ESTABLISHING PROCEDURES FOR ADMINISTRATIVE HEARINGS ON VIOLATIONS OF SAN RAFAEL MUNICIPAL CODE CHAPTER 1.16 REGULATING DISCLOSURE AND REPORTING OF INDEPENDENT EXPENDITURES IN CITY ELECTIONS WHEREAS, on September 7, 2010, the San Rafael City Council adopted Ordinance No. 1887 adding Chapter 1.16 to the San Rafael Municipal Code establishing disclosure and reporting requirements for independent expenditures made in City elections; and WHEREAS, San Rafael Municipal Code Section 1.16.060 provides that a person receiving a Notice of Violation of Chapter 1.16 from the City Clerk may request an administrative hearing to contest the Notice of Violation; and WHEREAS, Section 1.16.060 authorizes the City Attorney to establish a panel of volunteers to act as impartial hearing officers for hearings requested under Section 1.16.060; and WHEREAS, the City Council wishes to establish guidelines to be followed by the hearing officers in conducting administrative hearings, pursuant to Section 1.16.060. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Rafael that it hereby approves the "Statement of Rights and Procedures for Administrative Hearings Under San Rafael Municipal Code Chapter 1.16" attached hereto as Exhibit "A" and incorporated herein by reference. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing Resolution was duly and regularly introduced and adopted at a regular meeting of the City Council of the City of San Rafael, held on Monday, the 15`h day of August, 2011, by the following vote, to wit: AYES: COUNCILMEMBERS: • Lelwl LN I Im I a� ABSENT: COUI;CILMEMBERS Brockbank, Connolly, Heller, Levine & Mayor Bora liw None ESTHER C. BEIRNE, City Clerk EXHIBIT "A" STATEMENT OF RIGHTS AND PROCEDURES FOR ADMINISTRATIVE HEARINGS UNDER SAN RAFAEL MUNICIPAL CODE CHAPTER 1.16 *At the beginning of the administrative hearing, the Administrative Hearing Officer shall distribute and read aloud the following Statement of Rights and Procedures, which shall be applicable in the proceeding. Each of the Notice of* Violation recipients present at the hearing shall be required to sign and return the Statement to the Administrative Hearing Officer at the beginning of his/her case. STATEMENT OF RIGHTS AND PROCEDURES The following shall apply with respect to any administrative hearing that is scheduled upon a contest of Notice of Violation under Chapter 1.16 of the San Rafael Municipal Code: 1. An administrative hearing on a contest of a Notice of Violation will be heard by an Administrative Hearing Officer scheduled to hear the contest, at the time and place indicated on the Notice of Hearing sent to the contesting recipient of the Notice of Violation (hereafter the "Contestant"). 2. A Contestant may request the disqualification of an Administrative Hearing Officer on the grounds of bias, by submitting a written request with the specified grounds for disqualification to the City Clerk no later than two (2) days after the date of the Notice of Hearing. The City Clerk will advise the Contestant in writing if the disqualification request has been granted or denied. If at any time the Administrative Hearing Officer believes that he or she may have a bias for or against a particular Contestant, the Administrative Hearing Officer shall disqualify himself or herself. 3. The administrative hearing is an informal proceeding; formal rules of evidence do not apply. A Contestant may testify and have other witnesses testify on his or her behalf, and may submit any additional evidence, in support of the contest of the Notice of Violation. Such additional evidence includes, but is not limited to, records, documents, and photographs. 4. The Contestant and any other witness appearing at the hearing shall be required to swear an oath or affirmation as to the truthfulness of the testimony under penalty of perjury, and shall give their names and addresses for the record. 5. The Contestant may have a representative make a presentation on his or her behalf at the hearing. 6. The Administrative Hearing Officer shall make a decision based upon all the evidence presented. The Notice of Violation and any staff report submitted to the Administrative Hearing Officer shall constitute prima facie evidence of the respective facts contained in those documents. This means that unless a clear error or defect appears on the face of these documents, a violation will be deemed to exist, subject to the Contestant's evidence. To prevail in the case, the Notice of Violation recipient must present evidence which has a greater weight when weighed against the evidence opposing it, and which has more convincing force or greater probability of truth. 7. The Administrative Hearing Officer's Decision on the contest of the Notice of Violation will be mailed to the Contestant within five (5) days after the conclusion of the hearing. If the Decision indicates that the Notice of Violation will be upheld, the Decision shall indicate a penalty amount and payment schedule for the fine. M811-3V"I The Contestant may appeal the Administrative Hearing Officer's Decision, by filing a Notice of Appeal with the Marin County Superior Court pursuant to the procedures specified in Government Code Section 53069.4. ACKNOWLEDGMENT OF RECEIPT The undersigned acknowledges that he/she has been advised and has received a copy of the foregoing Statement of Rights and Procedures. Dated: [Signature of Contestant/ [Printed name of Contestant]