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HomeMy WebLinkAboutStudy Session Packet 12/05/2011STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29th Ave. Wheat Ridge CO December 5, 2011 6:30p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. APPROVAL OF AGENDA .1. Staff Report( s) 2. Administrative hearing pursuant to Code Sec. 7-10 ~ Council Orientation • Police Department • Public Works Department • Community Development • Parks and Recreation Department • Municipal Court \TTORMC\~ \T l.A\1 MURRAY DAHL Ku E:CH E:NM E:ISTER RE:NAUO LLP TO : Mayor and City Council CC: Patrick Goff FROM : Gerald Dahl Brittany Scantland DATE: November 29, 2011 MEMORANDUM RE: Administrative hearing pursuant to Code Sec. 7-10 Recent events in the 2011 campaign season have triggered an administrative hearing pursuant to Wheat Ridge City Code ("Code ") Sec. 7-10. This memorandum outlines the process which the City is required to follow under the Code . Background A candidate in the 2011 election failed to timely file certain information required by Chapter 7 of the Code . The information was ultimately filed with the City Clerk , but the filing was ten ( 1 0) days late. The candidate disputes this . Sec. 7-7 of the Code states : Sec. 7-7. Filing; where to file; timeliness. (a) For the purpose of meeting the filing requirements of this chapter and applicable state law, candidates for elected municipal office or political committee shall file all required filings in the office of the city clerk . (b) Reports required to be filed by this chapter shall be deemed timely filed if received by the city clerk not later than 5:00p.m., local time , on the designated day for filing . Statements or other information required to be filed per Chapter 7 is subject to a penalty. Sec . 7-4 (c) of the Code states: The city clerk is authorized to impose a penalty of ten dollars ($1 0.00) per day for each day past the due date that a statement or other information required to be filed by this chapter or by applicable state law is not filed , except that the city clerk may excuse such penalty for bona fide personal emergencies . Pursuant to Sec. 7-4 , the City Clerk imposed a $10.00/day late fee amounting to $100 .00. Under protest, the fee has been paid to the City. The candidate disputes that the $100 .00 was correctly imposed . Sec. 7-10 of the Code provides a procedure for an administrative processing of complaints of violations of Chapter 7 . In relevant part, Sec. 7-10 states : (a) Any person who believes a violation of this chapter has occurred may file a written complaint with the city clerk no later than sixty (60) days after the date of the final report of a candidate or political committee . The clerk, upon sufficient evidence produced by such complaint or upon the clerk's own motion , shall conduct a hearing , either personally or through a designee, subject to appropriations made to the city clerk . The city clerk shall hear all complaints , with the city attorney acting as the city clerk's legal advisor, unless the clerk is the subject of the complaint, in which case the city council shall designate and compensate a hearing officer who shall hear the complaint. (b) Any hearing conducted by a hearing officer employed as a designee of the city clerk or by the city clerk shall be conducted in accordance with the provisions of C.R.S . 24-4- 105, or any rules of procedure adopted by the city clerk prior to the conduct of said hearing . (c) Unless the city attorney is directed by the city council to act as a "prosecutor," the city council shall provide for the appointment of a "special prosecutor" to present all evidence of violations of this chapter. Said special prosecutor shall likewise act as a prosecutor of any complaints filed in the city's municipal court for violations of this chapter. In the event the city attorney is directed to act as prosecutor of such complaints, the city council shall appoint and compensate a legal advisor for the city clerk or his designee . The candidate has filed such a complaint against the City Clerk and the process set forth in 7-10 has been triggered. Appointment of Hearing Officer and Prosecuting Attorney Code Sec . 7-10 calls for appointment of both a hearing officer and a special prosecutor in the case of a complaint against the City Clerk . Sec. 7-10 (a) also states that when the complaint is against the City Clerk, the Council shall appoint a hearing officer to hear the matter. There is no further guidance as to who is an appropriate appointee ; however, it is often the case in these types of administrative hearings that a neighboring municipality's corresponding officer (city clerk, in this case) would fill the role . We are checking these options now and will have a recommendation for the Council. Further, Sec. 7-10 (c) requires the appointment of a special prosecutor if the city attorney is not directed to prosecute the matter. In this case , because our firm has served to advise the City Clerk on this matter, it would not be appropriate for our firm to also serve as the prosecutor against the alleged violations of the City Clerk. We will also be prepared to recommend an appropriate attorney to fill this appointment. Our firm will continue to represent the office of the City Clerk in its official actions . See Sec. 7-10 (c), last sentence . Pursuant to City Charter Sec. 8 .1, our office represents city officials. In relevant part, Sec. 8.1 states: The city attorney shall be the legal representative of the city and shall represent the city in all cases and in all courts . The city attorney shall act as legal adviser to the council and other city officials in matters relating to their official powers or duties when requested and shall provide a copy of any written opinion to the city clerk . (emphasis supplied). Next Steps No action is required at this time. However, staff would like Council consensus to place the appointment of a hearing officer and special prosecutor on the agenda for the December 121 h Council meeting .