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<br />Case #10: <br /> <br />Consider a Resolution Appointing Members to the Board of Administrative <br />Hearings <br /> <br />Human Resources Manager Kone' reviewed the discussion at the earlier Personnel Committee <br />meeting as well as the staff report. She stated that the Personnel Committee made a <br />recommendation that two Councilmembers be appointed to this Board that would then not vote <br />as members of the Council in the case of an appeal. She stated that the City Attorney still has <br />concerns about this idea. <br /> <br />Councilmember Dehen stated that they talked about two Councilmembers with one community <br />member and if that did get appealed to the Council. then the two Councilmembers on the Board <br />of Administrative Hearings would not vote or participate with the other Council. He stated that <br />it was felt that this would save the City money in not having to go out for a hearing officer. He <br />stated that they suggested that he and Councilmember Jeffrey serve in this role. <br /> <br />City Attorney Goodrich stated that the ordinance states that the Council contracts with a third <br />party which he feels is not Councilmembers and not staff and have the opportunity to appeal to <br />all seven members of the Council. <br /> <br />Mayor Ramsey stated that he thinks there may have been a mistake in the minutes in who was <br />actually selected at the work session. He stated that he thinks the Council had suggested Jim <br />Bendtson and Jason Tossey, not Bill McGowen and Jason Tossey. <br /> <br />Councilmember Dehen reviewed Councilmember Jeffrey's suggestion from the Personnel <br />Committee to send a letter to local attorney's asking them if they are interested in a $50 stipend <br />to handle these types of code enforcement situations. He asked if someone appealed the case <br />whether the case would be retried. <br /> <br />City Attorney Goodrich read aloud from the ordinance and noted that it would not be a new trial. <br /> <br />. Councilmember Dehen suggested that there is a progressive filing fee so there isn't an abuse of <br />the system. <br /> <br />City Attorney Goodrich stated that he believes that this was added last fall. <br /> <br />Mayor Ramsey asked if the City appoints Joe Field who is a lawyer currently serving on the <br />Charter Commission to the Board, would that be a conflict of interest. <br /> <br />City Attorney Goodrich stated that he did not see a conflict. <br /> <br />Motion by Councilmember Dehen, seconded by Councilmember Jeffrey, to create a Board of <br />Administrative hearings served by residents Jason Tossey and Bill McGowen and direct staff to <br />establish a list of prospective hearing officers that are lawyers in the community, immediately, <br />with a stipend cap of$75. <br /> <br />City Council / April 14, 2009 <br />Page 12 of 17 <br />