A. Before debarring any person under this article, the city manager shall mail by certified or registered mail, return receipt requested, or deliver by personal service a written notice of the proposed debarment to the person proposed to be debarred, hereinafter referred to as "respondent." The notice must contain the following:
1. Notice that a debarment is being considered;
2. The grounds for the proposed debarment, in terms sufficient to put the respondent on notice of the conduct or transactions upon which it is based;
3. The potential period of the debarment;
4. The city's procedures governing debarment; and
5. The address to which a request for a hearing or information and argument in opposition to the proposed debarment must be delivered or mailed.
B. Within 30 days after personal service or mailing of the notice of proposed debarment, the respondent or the respondent's representative may submit in writing a request for a hearing or information and argument in opposition to the proposed debarment. The written request or information and argument must also specify the address to which subsequent notices and other communications to the respondent should be mailed.
C. If the respondent requests a hearing in accordance with subsection B, the city manager shall, within 30 days after receipt of the request, schedule an informal hearing at which the respondent or the respondent's representative shall have a reasonable opportunity to provide information and argument, including the presentation and questioning of witnesses, to the city manager. The city manager shall mail the respondent, by certified or registered mail, return receipt requested, written notice of the time, date, and location of the hearing, which must be held no sooner than 10 days from the date of the notice of hearing.
D. The city manager's debarment decision shall be made within 30 days after expiration of the 30-day period specified in subsection B, or within 30 days after a hearing is held, whichever is later. If the city manager decides it is in the best interest of the city to impose debarment, the decision must be in writing, contain findings of fact, and specify the grounds for debarment based on the record of facts and information presented to the city manager.
E. A copy of the decision by the city manager shall be mailed to the respondent by certified or registered mail, return receipt requested, no later than five days after the decision is made. If the city manager decides to impose debarment, the decision must specify the period of debarment. Except in cases where the city manager's debarment decision is appealed in accordance with section 3.56.430, the period of debarment begins on the date the decision is mailed to the respondent. If the city manager's debarment decision is appealed in accordance with section 3.56.430, the period of debarment begins on the date that the hearing examiner makes a decision to uphold or modify the city manager's debarment decision, in accordance with section 3.56.430.
F. If the respondent fails to submit either a written request for a hearing or written information and argument in opposition to a proposed debarment within the 30 day period specified in subsection B, or if respondent fails to appear at the hearing, the decision of the city manager is final, and is not subject to appeal pursuant to section 3.56.430.
G. The city manager may reverse a decision to debar a person, or may reduce the scope or time period of debarment for any reason that obviates the need for the debarment or that indicates a shorter debarment period will adequately protect the public interest. Those reasons include, but are not limited to, the following:
1. Newly discovered material evidence;
2. Reversal of the conviction, civil judgment, or administrative penalty or sanction upon which the debarment was based;
3. Bona fide change in ownership or management; or
4. Elimination of other grounds for which the debarment was imposed.
The reversal or reduction in scope or time period of the debarment may be initiated by the city manager or by the debarred person upon a request submitted to the city manager. The debarred person's request must be in writing and supported by documentation. The debarred person shall provide any additional documentation requested by the city manager to review the request. The city manager shall notify the debarred person of the decision made upon any such request submitted by a debarred person within 30 days after receipt of the request or any supporting documentation. A debarred person may not submit such a request until a minimum of 12 months have elapsed after the period of debarment begins, and no more than one such request may be submitted during each successive 12-month period thereafter. (Ord. 2024-0010 § 4)