Current Code
using filing date below
as example
Holding Pre‐hearing
conference at regular
BOE meeting
RMC
2.78.070 (F) Complaint is filed/Deemed Complete January 3rd January 3rd <‐‐‐ Complaint is filed/deemed
complete
2.78.070 (G)
Set pre‐hearing conference (PHC)
within 45 business days.
If more than one public official is
subject of complaint, then separate
PHC must be scheduled and hearing
panels drawn according to Hearing
Procedures adopted by BOE.
Must be scheduled by
no later than March 9th
(45 business days = 65
calendar days)
Set pre‐hearing conference for next
regular meeting in accordance with
Sunshine Ordinance but no later than
45 calendar days
2.80.040 (B)(3.c)
and
2.80.040 (3.h)
Select panel no later than 30 days prior
to PHC and disqualify members from
elected official(s) Ward and Citywide
seat(s) Jan. 31st
If it is determined that complainant
failed to show that it is more likely
than not that there may have been a
violation of prohibited conduct, BOE
shall dismiss complaint and adopt
findings at next meeting. No appeal.
Only if determine "more likely than
not that there may be a potential
violation of the prohibited conduct" a
hearing panel shall be drawn and
hearing scheduled for next regular
meeting date when possible but no
later than 65 calendar days.
2.80.040 (B)(3.e)
Panel must be confirmed not less than
15 days prior to PHC Feb. 15th
Draw all BOE members names for
hearing panel. No disqualifications
except members may recuse for due
cause.
2.78.040(C.)
and
2.80.040 (B)(8)
At regular meeting, BOE may
determine if they want outside
counsel.
Regular meeting
March 2nd
(+58 days)
BOE can determine if they want
outside counsel for the hearing. If
outside counsel is requested, hearing
shall be set no later than 65 calendar
days (within 2 months)
2.80.040 (B)(3.c)
PHC must be on same day as a BOE
Meeting and since hearing panel must
be selected no later than 30 calendar
days prior to pre‐hearing conference,
February BOE meeting would not work.
PHC
March 2nd
(+58 days)
Feb. 17th Reply from public official shall be filed
within 15 calendar days following the
PHC if a hearing is set.
February 2nd
(+30 days)
Timeline Difference of
Current Code v. Proposed Change
Current RMC Procedure Proposed Procedure
Attachment 2
Current Code
using filing date below
as example
Holding Pre‐hearing
conference at regular
BOE meeting
Timeline Difference of
Current Code v. Proposed Change
Current RMC Procedure Proposed Procedure
2.78.080 (7)
Only if determine "more likely than
not that there may be a potential
violation of the prohibited conduct" a
hearing date shall be withing 45
business days following PHC.
Hearing
must be between
March 24 ‐ May 4th
(+121 days)
Hearing
March 2nd
(+58 days)
Conduct hearing immediately after
next BOE meeting if possible
2.78.070 (I)
Reply from public official would be due
20 days before hearing therefore
hearing cannot happen sooner than 20
days after the PHC.
Hearing
no earlier than
March 23rd
No later than
March 16th
If appealed, parties have up to 10
business days from the hearing to file
appeal form must go to City Council
If appealed, parties have up to 10
business days from to file appeal form
must go to City Council
No later than
May 18th
No later than
April 25th
City Clerk shall agendize appeal for
City Council within 30 business days
City Clerk shall agendize appeal for City
Council within 30 business days
No later than
June 27th
2.78.090 (B)
Current Code
using filing date below
as example
Eliminate Pre‐hearing
Conference
RMC
2.78.070 (F) Complaint is filed/Deemed Complete January 3rd January 3rd <‐‐‐ Complaint is filed/deemed
complete
2.78.070 (G)
Set pre‐hearing conference (PHC)
within 45 business days.
If more than one public official is
subject of complaint, then separate
PHC must be scheduled and hearing
panels drawn according to Hearing
Procedures adopted by BOE.
Must be scheduled by
no later than March 9th
(45 business days = 65
calendar days)
Hearing cannot be
earlier than Feb. 2nd
Select panel no later than 30 days
prior to hearing and DO NOT
disqualify members from elected
official(s) Ward and Citywide seat(s)
2.80.040 (B)(3.c)
and
2.80.040 (3.h)
Select panel no later than 30 days prior
to PHC and disqualify members from
elected official(s) Ward and Citywide
seat(s) Jan. 31st
Due no later than Feb.
10th
Reply from public official shall be filed
no later than 20 calendar days prior
to the hearing
2.80.040 (B)(3.e)
Panel must be confirmed not less than
15 days prior to PHC Feb. 15th
Regular meeting
March 2nd
(+58 days)
Set hearing within 45 business days.
2.78.040(C.)
and
2.80.040 (B)(8)
At regular meeting, BOE may
determine if they want outside
counsel.
Regular meeting
March 2nd
(+58 days)
No later than
March 16th
If appealed, parties have up to 10
business days from hearing to file
appeal form must go to City Council
2.80.040 (B)(3.c)
PHC must be on same day as a BOE
Meeting and since hearing panel must
be selected no later than 30 calendar
days prior to pre‐hearing conference,
February BOE meeting would not work.
PHC
March 2nd
(+58 days)
No later than
April 25th
City Clerk shall agendize appeal for
City Council within 30 business days
2.78.080 (7)
Only if determine "more likely than
not that there may be a potential
violation of the prohibited conduct" a
hearing date shall be withing 45
business days following PHC.
Hearing
must be between
March 24 ‐ May 4th
(+121 days)
2.78.070 (I)
Reply from public official would be due
20 days before hearing therefore
hearing cannot happen sooner than 20
days after the PHC.
Hearing
no earlier than
March 23rd
If appealed, parties have up to 10
business days from to file appeal form
must go to City Council
No later than
May 18th
City Clerk shall agendize appeal for City
Council within 30 business days
No later than
June 27th
Current RMC Procedure
2.78.090 (B)
Proposed Procedure
Timeline Difference of
Current Code v. Alternate Proposed Change
Eliminating Pre‐hearing Conference