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CITY COUNCIL AGENDA REPORT
City of Anaheim
OFFICE OF THE CITY ATTORNEY
DATE: JANUARY 9, 2024
FROM: OFFICE OF THE CITY ATTORNEY
SUBJECT: RESOLUTION APPOINTING ELIO PALACIOS AS THE CITY
HEARING OFFICER PURSUANT TO ANAHEIM MUNICIPAL
CODE SECTION 1.12.110 AND APPROVING AN AGREEMENT
FOR HEARING OFFICER SERVICES WITH PALACIOS LAW
OFFICE
ATTACHMENT (Y/N): YES ITEM # 10
GOVERNMENT CODE § 84308 APPLIES: YES
RECOMMENDATION:
That the City Council, by Resolution, appoint Elio Palacios as the City Hearing Officer, pursuant to Section 1.12.110 of the Anaheim Municipal Code, and authorize the City Manager to execute an agreement for hearing officer services with Palacios Law Office.
DISCUSSION:
In 2003, in order to comply with the requirements set forth in the California Supreme Court's decision in Haas v. County of San Bernardino (2002) 27 Cal.4th 1017, the City Council, by Ordinance No. 5866, created the office of “City Hearing Officer” to hear prescribed matters, in order to eliminate the possibility that favorable decisions by a hearing officer might be rewarded with future work. Ordinance No. 5866, codified as Anaheim Municipal Code Section 1.12.110, provides that the City Hearing Officer will be appointed by resolution of the City Council to hear matters relating to, among other things, sex- oriented businesses and transient occupancy tax matters where the amount in dispute exceeds Fifty Thousand Dollars ($50,000.00).
The City’s current agreement for hearing officer services recently expired, thereby creating a need for the City Council to appoint a new City Hearing Officer. Elio Palacios currently serves as a hearing officer for many jurisdictions, has acted as a judge pro tem, and has significant experience in both municipal law and administrative proceedings. Mr. Palacios is able and willing to provide hearing officer services on behalf of the City in accordance with the objectives set forth in the resolution, which are:
1. To ensure that the appointment of the City Hearing Officer does not create the possibility that favorable decisions by the Hearing Officer will be rewarded.
2. To hear all matters assigned to the City Hearing Officer pursuant to the provisions of Anaheim Municipal Code Section 1.12.110.
Resolution Appointing Elio Palacios as the City Hearing Officer January 9, 2024
3. To conduct fair, timely and impartial hearings.
The attached resolution appoints Elio Palacios as the City Hearing Officer, effective January 10, 2024, to hear the matters prescribed by Anaheim Municipal Code Section
1.12.110. The proposed agreement with Mr. Palacios’ firm, Palacios Law Office, is for a three-year term, without the possibility of renewal or extension. The hourly billing rate is established in the agreement at $250 per hour, to further eliminate the perception that favorable decisions will be rewarded pecuniarily. Mr. Palacios will voluntarily disqualify himself from any case in which he cannot provide a fair and impartial hearing. If Mr.
Palacios disqualifies himself, or is unable to serve due to illness or other reason, Municipal Code Section 1.12.110 provides that the City Council may appoint a substitute hearing officer.
IMPACT ON BUDGET:
Hearing officer expenses are covered under existing Department budgets.
Respectfully submitted,
Robert Fabela
City Attorney
Attachment:
1. Resolution (with attached Agreement for Hearing Officer Services) 150918