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(a) Purpose. The city council will appoint one or more hearing officers each year to hear appeals of determinations made by the ERC in the disposition of complaints alleging a violation of Division 1 of this article and to make recommendations to the city council regarding those appeals.
(b) Qualifications. A hearing officer shall be a resident who is an attorney in good standing with the state bar of Texas and has been licensed to practice in the State of Texas for at least ten consecutive years. No hearing officer may be:
(1) A member of the city council or the spouse or domestic partner of a member of the city council;
(2) An employee or the spouse or domestic partner of an employee;
(3) An elected public official;
(4) A candidate for elected public office; or
(5) A member of another city board, commission or committee if the ERC has jurisdiction under this article to review the conduct of that person as a member of such other board, commission or committee.
(c) Terms. The city council will appoint hearing officers each at its first meeting in January of each year or as soon thereafter as practicable. The city council shall set the prescribed compensation, if any, that hearing officers are to receive during their terms of service. A hearing officer shall serve a term of one year or until his or her successor is duly appointed, and may be reappointed at the pleasure of the city council. A hearing officer may be removed at any time and for any reason by majority vote of the city council, except that a hearing officer that has initiated the hearing of an appeal of a determination made by the ERC in the disposition of a complaint shall continue to serve until final disposition of the matter before him or her.
(d) Selection of hearing officer to hear complaint or appeal. If the city council appoints more than one hearing officer to serve during a particular year, the city secretary shall maintain a list of such hearing officers in order of appointment. In the event that the service of a hearing officer is required under this article to hear the appeal of a determination made by the ERC in the disposition of a complaint, the city secretary shall designate a hearing officer from such list on a rotation basis.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
(a) Jurisdiction. Hearing officers shall have jurisdiction to review and make findings and recommendations to the city council concerning an alleged violation of Division 1 of this article.
(b) Powers. Hearing officers shall have the following powers:
(1) In accordance with this article, to hear appeals of determinations made by the ERC complaints alleging violations of Division 1 of this article, to hear arguments from and pose questions to the person filing the appeal as well as the person responding to the appeal if those persons have elected to make a statement at the hearing, and to make findings, determinations and recommendations to the city council as to the disposition of such appeals in accordance with the standards of review set forth herein;
(2) In any de novo hearing conducted pursuant to § 2-253, to administer oaths and affirmations, take evidence, request and issue subpoenas for witnesses to attend and testify, and request and, subject to § 2-255, issue subpoenas for the production of books, papers, records or other evidence needed for the performance of the ERC’s duties or the exercise of its powers; and
(3) To exercise such other powers and duties as may be established by this article.
(Ord. 20548-12-2012, § 1, passed 12-18-2012, eff. 12-22-2012)
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