City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-01081 9/5/2023 Consent Item 3.
Appointment of Hearing Examiner for Parking Citation Administrative Hearings File ID: 2023-01081
Location: Citywide
Recommendation: Pass a Motion pursuant to Sacramento City Code section 10.56.040 appointing current hearing examiner Dennis Hay to also hear administrative appeals of parking and related violations under Title 10 of the Sacramento City Code for the remainder of his four-year term that commenced on March 22, 2022.
Contact: Julie Coffeen, Program Manager, (916) 808-1259, [email protected], Finance Department
Presenter: None
Attachments:
1-Description/Analysis
Additional Description/Analysis
Issue Detail: The Revenue Division conducts monthly administrative hearings for parking citations that were issued by Sacramento Parking Enforcement. Sacramento City Code provides, “the hearing shall be conducted by an independent and impartial hearing officer(s) meeting the qualifications specified in California Vehicle Code Section 40215(c)(4), who shall have been appointed by, or contracted with, the city to act in that capacity.” (SCC § 10.56.040.D.1.b.) The administrative hearing is the second of three stages a contestant has in appealing the issuance of a parking citation. The hearing examiner can uphold the citation or dismiss the citation. The hearing examiner’s decision is based on the evidence presented by the contestant.
The Revenue Division is in need of a hearing examiner for parking citation appeals since the contract with University Enterprises, LCC for those services has expired. The Revenue Division is recommending that Dennis Hay be appointed to hear these appeals.
File ID: 2023-01081 9/5/2023 Consent Item 3.
Following a Request for Proposal process in 2019, four people, including Dennis Hay, were appointed as hearing examiners to hear appeals and petitions regarding Sacramento City Code titles 5, 8, 9, 12, 13, and 17. (Motion No. 2019-0393.) Mr. Hay was assigned to handle appeals of administrative penalties for cannabis violations. On March 22, 2022, Mr. Hay was re-appointed as hearing examiner for a four-year term. (Motion No. 2022-0101.) This appointment expands the scope of Mr. Hay’s appointment to also include parking citation appeals.
Mr. Hay has practiced law for over 30 years with an emphasis in municipal law. He served for 12 years as a hearing examiner for the City of Stockton and the last three years with the City of Sacramento.
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: This action is not a project that is subject to California Environmental Quality Act (CEQA) because it is an administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines §15378(b)(5).) Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for appeals of parking citations. They are non-city employees who conduct hearings and issue opinions based on findings of fact.
Staff is recommending the appointment of Mr. Hay as a hearing examiner.
Financial Considerations: The rate for hearing examiners for administrative hearings is $150 per hour. This rate applies to review of the hearing packet, the hearing length, and the time to review the evidence and prepare the decision. Hearing costs are partially offset by parking citation fines. There are sufficient resources in the Fiscal Year 2023/24 Revenue Division operating budget to fund the hearing costs.
File ID: 2023-01081 9/5/2023 Consent Item 3.
Local Business Enterprise (LBE): Not applicable.