O2306Council Meeting 03-09-2010 Santa Monica, California
ORDINANCE NUMBER 2306 (CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA
ADDING CHAPTER 1.14 TO THE SANTA MONICA MUNICIPAL CODE RELATING TO
HEARING OFFICER AUTHORITIES AND DECISIONS
WHEREAS, California law authorizes local agencies, including the City of Santa
Monica, to promulgate rules and regulations governing the conduct of local
administrative hearings presided by a hearing officer or a hearing examiner; and
WHEREAS, setting clear rules regarding the City's administrative hearing
process serves to inform and benefit the public, hearing officers/examiners and local
administrative practitioners; and
WhiEREAS, the City intends for its hearing officers and hearing examiners to
adhere to well established principles of administrative law; and
WHEREAS, existing administrative law forbids administrative bodies, including
hearing officers, from determining the constitutionality of duly enacted legislation; and
WHEREAS, misconduct or violations of applicable laws by hearing examiners or
hearing officers lessens public trust and confidence in the City's administrative process
and in local government.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOLLOWS:
1
Section 1. Chapter 1.14 is hereby added to Article I of the Santa .Monica
Municipal Code to read as follows:
Chapter 1.14 Administrative Hearings
Sections:
1.14.010 Hearing Officers
1.14.020 Administrative Decisions
1.14.010 Hearing Officers
In any administrative proceeding conducted by a Hearing Officer or a Hearing
Examiner pursuant to this Code:
a) The Hearing Officer or Hearing Examiner shall have no authority to consider
the constitutionality of any federal, state or local law or regulation.
b) The Hearing Officer or Hearing Examiner, in the performance of his or her
duties, shall comply with all applicable federal, state and local laevs,
regulations and codes of conduct. - - -
1.14.020 Administrative Decisions
a) No administrative decision issued by a Hearing Officer or a Hearing Examiner
shall establish legal precedent applicable beyond the case governed by the
decision.
b) No administrative decision shall be cited as controlling or persuasive legal
precedent in any subsequent administrative hearing in a separate case.
c) This section shall not preclude the use of an administrative decision to
establish factual issues, such as showing pattern or practice, in any
proceeding.
2
Section 2. Section 1.14.010 is declaratory of existing law.
Section 3. Any .provision of the Santa Monica Municipal Code or appendices
thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no further, is hereby repealed or modified to that extent necessary
to effect the provisions of this Ordinance.
Section 4. If any section, subsection, sentence, clause, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision shall not affect the validity of the
remaining portions of this Ordinance. The City Council hereby declares that it would
have passed this Ordinance and each and every section, subsection, sentence, clause,
or phrase not declared invalid or unconstitutional without regard to whether any portion
of the ordinance would be subsequently declared invalid or unconstitutional.
Section 5. The Mayor shall sign and the City Clerk shall attest to the passage of
this Ordinance. The City Glerk shall cause the same to be published once in the official
newspaper within 15 days after its adoption. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
M R HA JONES MOOT IE
City ttorney`
3
Approved and adopted this 9~h day of March, 2010.
~~--®®~'
Pam O'Connor, Mayor Pro Tem
State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2306 (CCS) had its introduction on February 23rd, 2010, and
was adopted at the Santa Monica City Council meeting held on March 9~h, 2010, by the
following vote:
Ayes: Council members
Noes: Council members:
Abstain: Council members:
Absent: Council members:
Bloom, Davis, McKeown, O'Day
Mayor Pro Tem O'Connor
None
None
Holbrook, Shriver
A summary of Ordinance No. 2306 (CCS) was duly published pursuant to California
Government Code Section 40806.
ATTEST:
~19,s-.....~.~
Maria Stewart, City Clerk