(A) The Mayor of the city shall appoint a Hearing Board to arbitrate differences between the City Engineer and/or Utilities Superintendent and any person aggrieved by any decision of the City Engineer and/or the Utilities Superintendent concerning the interpretations and execution of any provision of this chapter. The Board shall be appointed within five days after request therefore, setting forth the specific matter in dispute, has been filed with the Mayor by the person. All costs of arbitration shall be divided equally between the city and the person requesting the Board. The rate or amount of pay to be received by the Board members shall be determined by the Mayor before the Board convenes.
(B) All Hearing Boards shall be appointed ad hoc, but in selecting a given Hearing Board the Mayor may appoint one or more members of any such prior-appointed Board. The Mayor may consult with the City Engineer, the Utilities Superintendent, and with the person requesting the Board concerning the appointment of Board members, but he or she shall make a reasonable effort not to appoint anyone who is employed by, retained by, or otherwise subject to control or influence of the City Engineer, the Utilities Superintendent, the person requesting the Board or the city. The Mayor’s decision as to choice of Board members shall be final.
(C) One member of each Board shall be a registered professional engineer; one member shall be a practicing sanitary engineer; one member shall be a representative of industry or manufacturing enterprise; one member shall be a lawyer; and one member shall be selected at large for his or her interest in accomplishing the objectives of this chapter. No Board shall have any other members.
(D) Each Hearing Board shall convene within ten days after it is appointed and elect its Chair and such other officers as it desires from among its members, and shall establish its own rules of procedure, provided that three members shall constitute a quorum for the transaction of business and three affirmative votes shall be required for final action on any matter acted upon by the Board. The Board shall make specific findings and conclusions based upon the testimony and evidence properly presented to it, and shall render its decision based upon the findings and conclusions within 30 days after the date the Board convenes, and at the end of the period of time the Board shall automatically cease to exist. The decisions shall be in full resolve of the dispute. Neither the Hearing Board nor any member thereof shall in any way be liable to the city or to any person whomsoever for any such decision rendered by it. The decision of the Board shall be binding upon the city and upon the person requesting the Board and its decision may be appealed by either or both parties to the District Court of Colfax County, Nebraska.
(E) Nothing contained in this chapter shall be construed to preclude any person aggrieved by any decision of the City Engineer or the Utilities Superintendent concerning the interpretations and executions of any provision of this chapter from appealing the decision to the District Court of Colfax County, Nebraska.
(1972 Code, § 3-544) (Ord. 640, passed 5-20-1980)