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HomeMy WebLinkAbout(2008, 01/22) - F-26 - AdoptedI 1 LA HEARING OFFICERS PURPOSE F -26 To establish the City Council's policy regarding the qualifications, backgrounds, and experience of City- appointed Hearing Officers. POLICY It is the policy of the City Council of the City of Newport Beach that Hearing Officers shall be used as independent, third party decision - makers outside of City staff and appointed commissions. This Policy sets forth the roles of Hearing Officers, their qualifications, and relationship to the City government. A. Hiring of Hearing Officers Pursuant to §1.08.055 of the Newport Beach Municipal Code (NBMC), the City Council, the City Manager, or certain boards or commissions can designate Hearing Officers to hear and consider appeals. Generally, these Hearing Officers shall be hired under the authority of the City Manager. However, for Hearing Officers hearing and considering actions under Title 20, the City Council shall approve the hiring of the Hearing Officers. B. Roles of Hearing Officers Hearing Officers can serve the community to conduct any hearing or appeal pursuant to NBMC §1.08.055 or can serve as code administrators. Respective roles shall be as follows: 1. To hear any appeals authorized by NBMC §1.08.055 plus appeals of California Vehicle Code citations. 2. As a Code Administrator of these aspects of Title 20: a. To consider and approve, conditionally approve, or deny Use Permits under Chapter 20.91A. b. To consider and approve, conditionally approve, or deny requests for Reasonable Accommodation under Chapter 20.98. 0 1 n u roll. C. To consider and approve, conditionally approve, or deny requests for abatement time period extensions under Chapter 20.62. C. Qualifications of Hearing Officers The City Council shall select Hearing Officers based on the following qualifications. A hearing officer shall: 1. For appeals authorized by NBMC §1.08.055: a. Have a demonstrated familiarity with municipal codes, applicable case laws, and California State Law. b. Have at least three (3) years' experience either as a Hearing Officer for another municipality, a judge, or as a practicing attorney familiar with municipal law; C. If applicable, be a member of the California State Bar in good standing, or having retired from the Bar in good standing; and d. Have no conflict of interest or ethical barrier regarding the specific case that the Officer will hear. 2. For decisions associated with Title 20: a. Have a demonstrated familiarity with municipal codes (especially land use and zoning), applicable case laws, and California and Federal law (including fair housing laws). b. Have at least ten (10) years' experience either as a Hearing Officer for another municipality, a judge, or as an attorney practicing in the area of municipal law, especially land use planning; C. Be a member of the California State Bar in good standing, or having retired from the Bar in good standing; and d. Have no conflict of interest or ethical barrier regarding the specific case that the Officer will hear. Each candidate's potential conflicts of interests shall be reviewed and an opinion offered by qualified legal counsel prior to employment as a Hearing Officer. 2