A. Any appeal of a decision of the city manager regarding a debarment or the period or scope of debarment imposed must be heard by a hearing examiner from a panel of hearing examiners designated for this purpose by resolution of the city council. A hearing examiner may not be a city employee at the time of the hearing.
B. The respondent or respondent's representative may appeal any decision made by the city manager regarding a debarment or the period or scope of debarment imposed, by delivery to the city clerk of a written notice of appeal no later than 30 calendar days after the date that notice of the city manager's decision is mailed to the respondent. The written notice of appeal must include a copy of the city manager's debarment decision and must comply with the requirements set forth in article I of chapter 1.24.
C. If a valid notice of appeal is timely filed, the city clerk shall establish the date of the hearing before the hearing examiner, and shall mail the respondent written notice of the hearing that specifies the location, time, and date of the hearing, which shall be held no sooner than 10 days from the date of the notice of hearing.
D. The hearing by the hearing examiner is a de novo hearing. The hearing examiner has no power to declare the provisions of this article unenforceable or unconstitutional, and the hearing examiner's decision must be based on the criteria specified in this article.
E. The proceedings at the hearing must be recorded. Either party may provide a certified shorthand reporter to maintain a record of the proceedings at the party's own expense. The hearing examiner may, upon request of either party, grant continuances for good cause shown, or upon his or her own motion. The hearing examiner shall administer the oath or affirmation. California Government Code section 11513, subdivisions (a), (b), and (c) apply to hearings under this section, except that relevant hearsay evidence may be sufficient in itself to support a finding if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs.
F. At the hearing, the city manager bears the burden of showing, by a preponderance of evidence in the record of facts and information presented to the city manager and the hearing examiner, that there exist grounds for debarment in accordance with the provisions of this article. The hearing examiner may take official notice, either before or after the close of the hearing, of any fact that may be judicially noticed by the courts of this state or that may appear in any of the official records of the city or any of its departments.
G. After the close of the hearing, the hearing examiner may uphold, reverse, or modify the city manager's debarment decision. Any decision upholding or modifying the city manager's decision must be in writing, contain findings of fact, specify the grounds for debarment based on the record of facts and information presented to the city manager and the hearing examiner, and specify any modifications to the city manager's decision. A copy of the hearing examiner's decision must be mailed to the respondent no later than five days after the decision is made.
H. The decision of the hearing examiner is final. Judicial review of any decision made by a hearing examiner pursuant to this section is governed by section 1094.5 of the California Code of Civil Procedure. (Ord. 2024-0010 § 4)