A. The city manager, or a hearing examiner on appeal, may determine that grounds for debarment exist, as described in section 3.56.380. Written notice of proposed debarment must be provided within three years of the date of the events relied upon for the proposed debarment. The following are sufficient to determine that grounds for debarment exist:
1. The person has been convicted of a criminal charge for any act or omission described in section 3.56.380, whether entered upon a verdict or a plea, including a plea of no contest;
2. A final civil judgment arising out of any act or omission described in section 3.56.380 has been entered against the person;
3. A significant penalty or sanction, including monetary penalties and other sanctions, such as debarment, has been imposed on the person by a federal, state, or local agency for any act or omission described in section 3.56.380; or
4. The person has committed one or more acts or omissions described in section 3.56.380 as established by a preponderance of evidence in the record of facts and information presented to the city manager or a hearing examiner on appeal.
B. Conduct may be imputed to a person for whom debarment is being considered as follows:
1. An act or omission, as described in section 3.56.380, of any principal, may be imputed to the person when the conduct occurred in connection with the principal's performance of duties for or on behalf of the person, or with the person's knowledge, approval, or acquiescence.
2. An act or omission, as described in section 3.56.380, of a person may be imputed to any principal who participated in, knew of, or had reason to know of the person's conduct.
3. An act or omission, as described in section 3.56.380, of one person in a joint venture or similar arrangement may be imputed to other participants if the conduct occurred for or on behalf of the joint venture or similar arrangement or with the knowledge, approval, or acquiescence of the participants. Acceptance of the benefits derived from the conduct is evidence of the knowledge, approval, or acquiescence.
C. In determining whether to debar a person, and the duration of any debarment, the city manager or a hearing examiner may consider, in addition to any other relevant factors, the following:
1. The degree to which the person cooperated fully with local, state, or federal authorities during any investigation or any administrative or judicial proceeding that forms the grounds for debarment.
2. The degree to which the person has paid or has agreed to pay all criminal, civil, and administrative liability resulting from any of the acts or omissions set forth under section 3.56.380, including any investigative or administrative costs incurred by any public agency, and has made or has agreed to make full restitution for any damages incurred as a result of any of the acts or omissions.
3. Whether the person had effective standards of conduct and internal control systems in place at the time of any of the acts or omissions set forth in section 3.56.380 or had adopted the procedures before any investigation of the acts or omissions.
4. Whether the person brought any of the acts or omissions set forth in section 3.56.380 to the attention of the appropriate public agency or agencies in a timely manner.
5. Whether the person has fully investigated the circumstances surrounding any of the acts or omissions set forth in section 3.56.380 and, if so, has made the result of the investigation available to the city.
6. Whether the person has taken appropriate disciplinary action against the individuals responsible for any of the acts or omissions set forth in section 3.56.380.
7. Whether the person has implemented or agreed to implement remedial measures to prevent a recurrence of any of the acts or omissions set forth in section 3.56.380, including new or revised review and control procedures and ethics training programs, as well as any other measures identified by any public agency.
8. Whether the person has had adequate time to eliminate the circumstances within the organization that led to any of the acts or omissions set forth in section 3.56.380. (Ord. 2024-0010 § 4)