City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01523 10/8/2024 Consent Item 1.
Appointment of Hearing Examiners for Code Compliance Hearings File ID: 2024-01523
Location: Citywide
Recommendation: Pass a Motion pursuant to Sacramento City Code section 1.24.050 appointing Tammy O'Brien, and Kristina Pehur as hearing examiners to hear appeals of administrative penalties, monitoring fees, Notice and Orders, and other enforcement matters for violations of the Sacramento City Code for a four-year term effective October 1, 2024.
Contact: Stacey Chatman, Program Manager, (916) 808-5900, [email protected], Community Development Department
Presenter: None
Attachments:
1-Description/Analysis
2-Hearing Examiner Applications
Description/Analysis
Issue Detail: Various chapters of the Sacramento City Code provide the ability to appeal administrative penalties, fees, and Orders imposed resulting from code violations. 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. Matters of fees and orders imposed shall also be heard by a hearing examiner appointed by the City Council as noted in the various chapters of Sacramento City Code.
The Community Development Department, Code Compliance Division conducts hearings for administrative penalties, fees, and orders issued by its building inspectors and code enforcement officers for code violations and failure to comply with Orders. These hearings have expanded to include administrative penalty appeals from other city departments and divisions, including Animal Control, Police, Fire, Urban Forestry, and Solid Waste. Additionally, hearing examiners may be called upon by other city departments when an independent decision is necessary, such as Department of Utilities for service disconnections and the Revenue Division for fee collections.
For code violations resulting in an administrative penalty and related fees, the hearing examiner can
File ID: 2024-01523 10/8/2024 Consent Item 1.
affirm the administrative penalty amount, reduce the penalty to a lower amount, or find that imposition of the penalty is not warranted. The hearing examiner’s decision is based on the evidence presented, the costs of the correction, and the appellant’s financial situation. The hearing examiner has the discretion to impose a lower, but not a higher penalty amount. In making the decision, the hearing examiner considers evidence presented by all witnesses, the seriousness of the violation, the responsible party’s efforts to correct the violation, the impact on the neighborhood, any instances in which the responsible party has been in violation of the same or similar code provisions in the previous three years, and the amount of city staff time which was expended investigating and addressing the violation. In accordance with City Code Section 1.24.090, decisions made by the hearing examiner are final.
Hearing examiner openings were posted on the City Clerk Boards and Commissions recruitment website. Three applications were received and validated and are included in Attachment A. The applications were reviewed by the Community Development Department staff and applicants were interviewed by the Code and Housing Enforcement Chief. Based on their qualifications, experience, and interview, it was determined that all the applicants were qualified to serve as hearing examiners 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 hearing examiners to a four-year term. Hearing examiners could apply to be reappointed and the end of their term. There are no term limits for hearing examiners or limit to the number that may be appointed.
Policy Considerations: None
Economic Impacts: Not applicable.
Environmental Considerations: Not Applicable
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: Hearing examiners are necessary to ensure due process for appeals of administrative penalties, fees and orders. They are non-city employees who conduct hearings and issue opinions based on findings of fact.
File ID: 2024-01523 10/8/2024 Consent Item 1.
Financial Considerations: The rate for hearing examiners for code compliance hearings is $50.00 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 hearing appeal fees. There are sufficient resources in the Fiscal Year 2024/25 Community Development Department Operating budget to fund the hearing costs.
Local Business Enterprise (LBE): Not applicable.
Kristina Pehur
City of Sacramento, CA | Generated 7/4/2024 @ 12:15 am by OnBoardGOV - Powered by ClerkBase Kristina Pehur
5/31/2024
5/31/2025
Kristina Pehur
Validated
Board Vacancies Status
Hearing Examiners ::Seat D - Accepting
Applications
2 MQs Confirmed
Status
Name
Application Date
Expiration Date
Board Member
Status
Basic Information
Name
Kristina Pehur
Please state the reason(s) you would like to serve on
this legislative body.
I graduated from law school Valedictorian and I would love an opportunity to gain experience in various areas of law besides Labor and Employment Law that I am currently practicing, while still keeping my full-time job. This is also a great opportunity for me to gain experience in a quasi-judicial role.
Furthermore, I would like to contribute to something important and make a difference.
Please list all of your professional experience directly related to the seat you are applying for.
State of California, Sacramento, CA June 2011 - Present Labor Relations Counsel, Department of Human Resources
(Cal HR) (01/2024-Present)
Assisted in arbitration hearings regarding collective bargaining agreement disputes; administrative hearings
before the Public Employment Relations Board, State
Personnel Board, and Cal HR’s Statutory Appeals Unit.
Provided legal advice and opinions to Cal HR divisions and client departments in various areas of law.
T echnical Advisor, T axpayers’ Rights Advocate Office, T ax & Fee Administration (CDTFA) (04/2018-01/2024)
Independently investigated and resolved taxpayers’
complaints involving various compliance and audit issues. Tactfully handled and negotiated resolution of sensitive taxpayer issues that involved high-level managers.
Acting Staff Services Manager I, Governor’s Office of
Emergency Services (Cal OES) (07/2017-03/2018)
Developed and implemented Standard Operating Procedures for processing and handling employees’ requests for Public Assistance Applicant Files from the File Room.
Developed and implemented checklists to ensure quality of outgoing correspondence; reviewed all outgoing
correspondence for accuracy, completeness, and compliance with federal and state grant program requirements.
Senior Internal Auditor - Quality Assurance, Governor’s Office of Emergency Services (Cal OES) (03/2017-07/2017)
Provided technical expertise and quality assurance reviews on agency’s audits and financial reporting.
Assisted with establishing new SMART objectives, completing the State Leadership Accountability Act (SLAA) reporting requirements, updating the Risk-Based Audit Plan, and
creating audit plan and program templates.
Contact Information
Address
Rancho Cordova, CA 95742
Ward/District
Sacramento County
Occupation
Employer
California Department of Human
Resources
Occupation
Attorney
Job Title
Labor Relations Counsel
Professional Licenses
Attorney at Law, State Bar of
California • Issued: November 2023
• License # 351414 (Active)
Certified Public Accountant,
California Board of Accountancy •
Issued: January 2014 • License #
122252 (Active)
Grants Monitoring Supervisor, Governor’s Office of Emergency Services (Cal OES) (03/2016-03/2017)
Provided direct supervision to Associate Management
Auditors and Staff Services Management Auditors.
Provided direction, guidance, and recommendations to
ensure compliance with federal and state rules and
regulations pertaining to Victim Services, Homeland Security, and Emergency Management Grants.
Associate T ax Auditor, Board of Equalization (BOE) (09/2013- 03/2016)
Performed various field audits of medium to large companies in California Tire Fee, Electronic Waste, Alcohol Beverages T axes, and Cigarette and T obacco Programs.
Assisted in the development and implementation of the Centralized Revenue Opportunity System (CROS) Solution as a Subject Matter Expert for audits.
Corporation Examiner, Department of Managed Health Care (DMHC) (01/2013-09/2013)
Performed medical loss ratio examinations of entities contracted with the Department of Health Care Services
involving the financial and administrative affairs of these organizations.
T ax Auditor, Board of Equalization (BOE) (06/2011-12/2012) Conducted moderately difficult field audits involving
examination of businesses subject to the Tire Recycling Fee and Covered Electronic Waste Recycling Fee laws to ensure compliance with the regulations for these programs.
Reviewed financial records for completeness and accuracy of sales subject to fees and prepared audit reports.
Please list any training or education directly related to the seat you are applying for.
Juris Doctor, Lincoln Law School of Sacramento, CA • Summa Cum Laude, Valedictorian
Master of Science in Accountancy, CSU, Sacramento, CA
Master of Business Administration, CSU, Sacramento, CA
Master of Arts in English & Russian, Adam Mickiewicz
University of Poznan, Poland
Please list any additional experience, community
activities, volunteering experience, or other
qualifications that would be helpful in evaluating your
application.
LEGAL INTERNSHIPS
California Department of Corrections and Rehabilitation (CDCR), Sacramento, CA May 2022 - December 2023
Legal Student Assistant – Office of Legal Affairs
Reviewed over 600 peace o fficers’ confidential personnel files and provided written recommendations regarding their placement on the “Brady List” consistent with Brady v.
Maryland and Governor’s message vetoing SB 1220.
Participated in collaborative discussions regarding legal principles that support the recommendations.
Set a precedent for one of the moral turpitude crimes to be placed on the List of Crimes of Moral T urpitude.
Sacramento County District Attorney’s Office, Sacramento, CA August 2022 - November 2022
Certified Legal Intern
Drafted and successfully argued an Opposition to a Motion to Dismiss a Complaint (995 Motion).
Drafted a Reply Brief to an Appeal of a Denial of a Motion to Suppress Evidence.
Conducted legal research, listened to jail calls, transcribed 911 calls and body camera videos, assisted in misdemeanor court, drafted oppositions to 1203.4 motions requesting to withdraw a guilty plea (expungements).
Served as a juror/foreperson on a criminal trial; completed Sacramento County DA Citizens’ Academy (2019).
California Franchise T ax Board (FTB), Sacramento, CA June 2021 - November 2021
Graduate Student Assistant - T ax Administration and Procedure Bureau (06/2021-11/2021)
Handled 19 incoming appeal cases of low and moderate
complexity and developed strategies to ensure the correct identification of the issues and an analysis of the facts. Researched federal and California individual income tax laws for various appeals issues, including tax return filing
enforcement, erroneous refunds, Earned Income T ax Credit, Head of the Household filing status, disallowed credit
carryover, unreported income, penalties and interest
abatement.
Utilized Professional Audit Support System (PASS) and T axpayer Information System to draft briefs.
Drafted 11 opening briefs, 2 dismissals, and extension requests to the Office of T ax Appeals.
Communicated with taxpayers/appellants via phone and
email; explained FTB’s position and successfully requested additional documentation for review; successfully obtained 3 withdrawals of taxpayers’ appeals.
Legal Extern - T ax Appeals Assistance Program (06/2020- 05/2021)
Represented taxpayers in their audit and collections appeals cases with the Office of T ax Appeals by analyzing their
circumstances, researching tax law, drafting reply briefs, and providing guidance.
Successfully negotiated a penalty relief on an appeal with FTB Attorney prior to the OTA Hearing.
Lincoln Law School of Sacramento, Sacramento, CA August 2020 - May 2022
Friday Review Program Coordinator – Contracts and Criminal Procedure
Provided review sessions to first- and second-year students to assist them in understanding black letter law.
Please list the Seat(s) you are applying for.
Seat D