(A) Existence of grounds for disqualification as described in this chapter may be determined to exist by the Hearing Officer by a preponderance of the evidence if, not more than ten years prior to the date that a written notice of proposed disqualification is provided to such person pursuant to this chapter:
(1) Such person has been convicted of a criminal charge for any act or omission described in this chapter, whether entered by a verdict or a plea including a plea of no contest;
(2) A civil judgment has been entered against such person for any act or omission described in this chapter;
(3) A penalty or sanction including, without limitation, monetary penalties, imprisonment and other sanctions, such as disqualification, has been imposed on such person by a federal, state or local agency for any act or omission described in this chapter; or
(4) Such person has committed one or more acts or omissions described in this chapter, based on a preponderance of evidence in the record of facts and information presented to the Hearing Officer.
(B) An act or omission described in this chapter may be imputed to a person who is the subject of a proposed disqualification when such act or omission is committed for or on behalf of such person, and such person had actual or constructive knowledge of such act or omission.
(C) In determining whether to disqualify a person and the duration of such disqualification, the Hearing Officer may consider, in addition to any other relevant factors, one or more of the following:
(1) The degree to which the person cooperated with local, state or federal authorities in any criminal proceeding forming the basis for disqualification;
(2) The degree to which the person provided restitution for any damages or injury occasioned by the person' s acts or omissions;
(3) Whether the person had in place adequate and effective standards of conduct and internal control systems at the time of such acts or omissions;
(4) Whether the person provided timely notice of such acts or omissions to the appropriate government agency or agencies;
(5) Whether the person fully investigated the circumstances surrounding such acts or omissions and promptly provided the city with the result of the investigation;
(6) Whether the person took appropriate remedial or disciplinary action against the individuals responsible for such acts or omissions;
(7) Whether the person implemented or agreed to implement remedial measures to prevent a recurrence of such acts or omissions including, without limitation, new or revised internal controlprocedures and other measures recommended, identified or prescribed by any government agency; and
(8) Whether the person had adequate time to eliminate or mitigate the circumstances or factors leading to or causing such acts or omissions.
(D) The City shall have the initial burden of proof to establish the grounds for disqualification.
(Ord. 2023-08, passed 9-19-2023)