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.
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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.
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