2012-72 AMENDING CITY CODE - CHAPTER 29 - ADMINISTRATIVE ADJUDICATION OF OFFENSES

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LEGAL DEPARTMENT MEMORANDUM NO. 2012-08 September 18, 2012 TO: Honorable Mayor McElroy and City Council FROM: Ryan McCrady, City Manager Wendy Morthland, Corporation Counsel Mike Frazier, Assistant Corporation Counsel SUBJECT: Amendment to Chapter 29—Administrative Adjudication of Offenses SUMMARY RECOMMENDATION: Staff requests that Council pass the proposed ordinance amending the City Code at Chapter 29,Administrative Adjudication of Offenses. BACKGROUND: Defendants unhappy with the outcome of an ACES hearing for ordinance violations have the right to appeal the decision to the Circuit Court. Currently, the City pays the considerable costs of preparing and certifying the record of the hearing for review by the Circuit Court. This means the City bears the costs of producing a certified transcript of the hearing, including evidence heard at the hearing and findings and decisions of the administrative hearing officer. Under the proposed change, the party seeking review must pay the costs required to prepare the record or else the complaint is dismissed. State statute allows the City to require the challenger to shoulder the costs of preparing the record, and the City's legal staff believes the amendment would save taxpayers' money. RECOMMENDATION: Staff recommends passage of the proposed ordinance. POTENTIAL OBJECTIONS: There are no known or expected objections. INPUT FROM OTHER SOURCES: None STAFF REFERENCE: Mike Frazier, Assistant Corporation Counsel, at 424-2807. BUDGET/TIME IMPLICATIONS: None cc: John Robinson Amy Waks