Susana Alcala Wood, City Attorney Jorge Oseguera, City Auditor Mindy Cuppy, City Clerk Howard Chan, City Manager John Colville, City Treasurer City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-00485 March 8, 2022 Consent Item 02
Title: Appointment of Hearing Examiner for Administrative Appeals
Location: Citywide
Recommendation: Pass a Motion pursuant to Sacramento City Code sections 1.24.050 and
1.28.010.D.4.c-g, appointing Joe Ayala as hearing examiner to hear administrative appeals for a four-year term effective March 15, 2022.
Contact: Davina Smith, Cannabis Manager, (916) 808-4772, [email protected] ;
Christine Autio, Administrative Officer, (916) 808-4773, [email protected], Office of Cannabis Management, Office of the City Manager
Presenter: None
Attachments:
1–Description Analysis
File ID: 2022-00485 Consent Item 02
March 8, 2022
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City of Sacramento
Description/Analysis
Issue Detail: Various chapters of the Sacramento City Code provide for an administrative appeal of actions, such as administrative penalties, which otherwise would be heard by the City Council. Under City Code section 1.28.010.D.4.c., administrative penalty appeals shall be heard by a hearing examiner appointed by the City Council. The Office of Cannabis Management conducts bi-monthly administrative appeal hearings for administrative penalties relating to cannabis that were issued by the Sacramento Police Department. Administrative appeal hearings are also held relating to decisions of other city departments and divisions, including Animal Control, Community Development Department (enforcement), Fire, Urban Forestry, and Solid Waste. Additionally, hearing examiners are also utilized by city departments when an independent decision is necessary, such as service disconnections by the Department of Utilities and fee collection by the Revenue Division.
Due to the legal complexities posed at cannabis administrative penalty appeal hearings, a California licensed attorney is needed to serve as the impartial magistrate. As such, the position was advertised with all local bar associations and media outlets advertising to the legal community. One application was received. The application was reviewed and vetted by the Office of Cannabis Management staff and the existing counsel to the hearing examiner.
Based on their qualifications and experience, it was determined that they were qualified to serve as hearing examiner and would be able to provide fair decisions.
Once appointed, hearing examiners cannot be removed during their term unless they fail to meet the requirements of a hearing examiner such as not properly administering the hearing, failing to issue decisions that are based on the facts disclosed at the hearing, or if they are unable to continue serving due to scheduling conflicts, health conditions, or similar reasons.
Staff is recommending appointment of this hearing examiner to a four-year term. Hearing examiners could apply to be reappointed at the end of their term.
Policy Considerations: None.
Economic Impacts: None.
Environmental Considerations: Not applicable.
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
File ID: 2022-00485 Consent Item 02
March 8, 2022
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City of Sacramento
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for appeals of administrative penalties. They are non-city employees who conduct hearings and issue opinions based on findings of fact.
Financial Considerations: The rate for hearing examiners for administrative appeal hearings is $150 per hour. This rate applies to review of the hearing packet, attendance at the hearing, and reviewing the evidence and preparing the decision. Hearing costs are partially offset by hearing appeal fees. There are sufficient resources in the Fiscal Year 2021/22 Office of Cannabis Management Operating budget to fund the hearing costs.
Local Business Enterprise (LBE): Not applicable.