(A) Appeals.
(1) Appeals from any decision of the Chief of Police or Finance Director under this chapter shall be in writing, shall clearly state the applicable basis for the appeal and shall be filed with the City Clerk no later than ten calendar days following the date of the notice.
(2) The City Clerk shall not accept an appeal, and no hearing shall be held, unless the appellant has paid a filing fee, in an amount set by resolution of the City Council, to defray the cost of such appeal. Any appeal without the timely payment of fees shall be considered to be untimely.
(3) The scope of the appeal hearing pursuant to this section shall be limited to those issues raised by the appellant in the written appeal, as submitted pursuant to division (A)(1) of this section.
(B) City Manager action.
(1) Upon receipt of a timely filed appeal, the City Clerk shall set the matter for hearing before the City Manager. The hearing shall be held not fewer than ten calendar days nor more than 45 calendar days from the date of the appeal request. The hearing may be continued from time to time upon the mutual consent of the parties.
(2) The appellant shall be provided with notice of the time and place of the appeal hearing, as well as a copy of all relevant materials at least seven calendar days prior to the hearing.
(3) At the time of such hearing, the City Manager shall review the records and files relating to the decision.
(a) The City Manager shall permit any interested person to present any relevant evidence bearing on the issues involved in the matter.
(b) In conducting the hearing, technical rules relating to evidence and witnesses shall not apply. Any relevant evidence may be admitted if it is material and if it is evidence customarily relied upon by responsible persons in the conduct of their affairs regardless of the existence of any common law or statutory rule which might make admission of such evidence improper over objection in civil actions. Hearsay evidence may be admissible if it is the sort upon which reasonable persons are accustomed to rely in the conduct of serious affairs. The rules of privilege shall be applicable to the extent they are now, or are hereafter permitted in civil actions. Irrelevant, collateral, and repetitious testimony shall be excluded.
(c) In determining whether a person should be disqualified for meeting the definition of PERSON WHO HAS ENGAGED IN DISQUALIFYING CONDUCT as set forth in § 122.02, the City Manager may consider: the nature and severity of the act(s) or crime(s); whether there were any additional subsequent act(s) or crime(s); the number of act(s) or crime(s); and how recent the act(s) or crime(s) were.
(4) The appellant shall have the burden of proving that he or she meets the requirements for issuing the permit or certificate in the first instance; the city shall have the burden in proving that grounds exist for suspending, revoking or failing to renew a permit.
(5) Based upon the evidence presented at the hearing, the City Manager shall determine whether the decision should be affirmed, modified, or reversed.
(6) The City Manager shall issue his decision within ten business days after the close of the hearing. The City Manager’s decision shall include a statement of the reasons therefor.
(7) The decision of the City Manager shall include notice that the decision is final and conclusive, that judicial review may be sought therefrom pursuant to Cal. Civil Proc. Code § 1094.5, and that any action filed in the superior court shall be filed within 90 days following the City Manager’s notice pursuant to Cal. Civil Proc. Code § 1094.6.
(Ord. 591-C.S., passed 9-20-11; Am. Ord. 612-C.S., passed 2-17-15; Am. Ord. 633-C.S., passed 4-18-17; Am. Ord. 634-C.S., passed 5-2-17)