(A) Hearing officers. The City Council will periodically approve a list of qualified individuals, from which the City Clerk-Treasurer will randomly select a hearing officer to hear and determine a matter for which a hearing is requested. The hearing officer will be a public officer, as defined by M.S. § 609.415, as it may be amended from time to time. The hearing officer must not be a city employee. The City Clerk-Treasurer must establish a procedure for evaluating the competency of the hearing officer, including comments from accused violators and city staff. These reports must be provided to the City Council.
(B) Removal of hearing officer. No later than five days before the date of the hearing, the violator may make a written request that the assigned hearing officer be removed from the case. The City Clerk- Treasurer will automatically grant one request for removal. A subsequent request must be directed to the assigned hearing officer who will decide whether he or she can fairly and objectively review the case. If the hearing officer determines he or she cannot fairly and objectively review the case, the hearing officer shall notify the City Clerk-Treasurer in writing at least one day before the scheduled hearing date. The City Clerk-Treasurer will then assign another hearing officer.
(C) Notice of hearing. Within 30 days of the request for a hearing, the City Clerk-Treasurer will schedule the hearing and will notify the violator and involved city staff of the date, time, and place for the hearing. Parties are expected to be available for two hours. Notice of the hearing must be mailed to the violator and the hearing officer at least ten days in advance of the scheduled hearing, unless a shorter time is accepted by all parties. The notice must contain the names of the parties, the identity of the hearing officer, the location of the alleged violation and the type of violation alleged.
(D) Continuance. A request for a continuance must be made to the City Clerk-Treasurer at least five days prior to the scheduled hearing date. The City Clerk-Treasurer may grant a continuance at the request of the violator or the city staff member only for good cause shown and for no more than ten days from the originally assigned date.
(Prior Code, § 5.6.1.4)