727.07 ADVISORY COUNCIL ON CONSUMER AFFAIRS.

   (a)   There is hereby created an Advisory Council on Consumer Protection which shall be known as the Advisory Council, consisting of interested citizens.

   The Advisory Council shall be composed initially of the Monitoring and Policy Committee as has been established by the Model Cities Consumer Protection Program.

   The Advisory Council shall maintain an open door membership policy whereby any concerned citizen may petition in writing to the Director of the Consumer Protection Office for his membership. All such petitions shall be read before a quorum of the Council and upon affirmative majority vote, shall constitute the petitioners approval as a new member of the Council.

   (b)   The Advisory Council shall consist of not less than seven members, who shall have the following qualifications, in addition to an adequate background in a field relating to consumer protection problems:

      (1)   At least one member shall be an attorney.

      (2)   At least one member shall be an accountant or person holding an advanced degree in economics.

      (3)   At least one member shall have had at least five years business or administrative experience in the ownership or management of a commercial enterprise, or hold an advanced degree in business administration.

      (4)   At least two members shall be active in consumer affairs.

      (5)   At least two members shall be representatives of the general public.

   (c)   The members of the Advisory Council shall serve without compensation and not more than forty-nine percent (49%) shall have a substantial ownership interest in any business subject to regulations by this chapter. The Advisory Council may enact a constitution and by-laws to govern itself.

   (d)   The Advisory Council shall elect its own chairman. Any member of the Council may be removed by a simple majority vote of the Advisory Council upon a showing of inefficiency, neglect of duty or malfeasance. The nonattendance at three consecutive Advisory Council meetings without good cause shall be presumed to be such neglect of duty as to warrant removal. Meetings of the Council shall be held at least once each calendar quarter at a time and place to be designated by the chairman. The Sealer of Weights and Measures shall give a report of his operations at such meetings.

   (e)   The duty of the Advisory Council shall be to consult with and advise the Sealer, but not to direct his conduct of the Consumer Protection Program of the City. The Advisory Council may make such recommendations as to operations of the Consumer Protection Program and amendment of or additions to substantive ordinances and regulations of the City as it deems appropriate in writing, and a copy thereof shall be forwarded to the Mayor and Clerk of Council.

   (f)   The Advisory Council at the request of the Sealer or upon its own initiative shall recommend to City Council or the Mayor for passage of rules, regulations and ordinances declaring specific practices in consumer transactions to be unconscionable or deceptive and prohibiting the use thereof. In recommending such action, the Advisory Council shall consider among other things:

      (1)   The degree to which the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of consumers;

      (2)   Knowledge by those engaging in the practices of the inability of consumer to receive benefits properly anticipated from the goods or services involved;

      (3)   Gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other consumers or by other tests of true value;

      (4)   The fact that the practice may enable suppliers to take advantage of the inability of consumers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education, or similar factors;

      (5)   The degree to which terms of the transaction require consumers to jeopardize money or property beyond the money or property immediately at issue in the transaction;

      (6)   The degree to which the natural effect of the practice is to cause or aid in causing consumers to misunderstand the true nature of the transaction or their rights and duties thereunder;

      (7)   The extent or degree to which the writing purporting to evidence the obligation of the consumer in the transaction contains terms or provisions or authorizes practices prohibited by law; and

      (8)   Definitions of unconscionability in statutes, regulations, rulings and decisions of legislative, administrative or judicial bodies in this State or elsewhere.

   (g)   All meetings of the Advisory Council shall be open to the public, and the Advisory Council may conduct such public hearings as it deems appropriate dealing with all matters involving consumer protection.

   (h)   The Sealer shall call special public meetings of the Advisory Council and consumers for the consideration of the affairs of his division, and the Sealer shall be chairman of such meetings.

   (i)   All evidence adduced at any public hearing shall be under oath administered by the chairman of the hearing, and a record of all hearings shall be maintained.

(Ord. 78-8. Passed 1-11-78.)