§ 2.12.100. Debarment Hearing Board powers and responsibilities.

A.

To ensure the fair and efficient administration of debarment proceedings, they shall be presided over by the Debarment Hearing Board, as defined in Section 2.12.010, appointed by the City Administrator, unless the City Administrator elects to appoint a retired judge under subsection B. below.

B.

The City Administrator may, in his/her sole discretion, appoint a retired judge to conduct the debarment hearing for matters expected to be unusually complex or of extended duration, or for any other reason. The retired judge shall have all of the powers and duties otherwise reserved to the Debarment Hearing Board.

C.

Powers of the Debarment Hearing Board.

1.

The Debarment Hearing Board shall conduct a fair and impartial hearing and, to that end, shall have the power to:

a.

Schedule the debarment hearing date, time and place;

b.

Postpone the debarment hearing date;

c.

Regulate the course of the hearing and the conduct of the parties and their counsel;

d.

Hold conferences to facilitate the settlement or simplification of the issues by consent of the parties or at the request of a party;

e.

Consider and rule upon all evidentiary and procedural matters pertaining to the hearing, including, but not limited to, setting page limits on documents that may be submitted;

f.

Make findings of fact and take notice of any material fact not appearing in evidence in the record which would properly be a matter of judicial notice;

g.

Receive evidence and rule on offers of proof;

h.

Administer oaths and affirmations;

i.

Issue a final decision imposing debarment of the respondent with respect to future City contracts and covered or related transactions, or imposing no sanction;

j.

Recommend to the City staff, if so requested, a course of action to remedy respondent's past actions which gave rise to the debarment action;

k.

Take any other action necessary to protect each party's rights, to avoid delay in the disposition of the debarment proceeding and to maintain order.

2.

Prohibition Against Ex Parte Communications.

a.

Ex-parte communications are prohibited unless:

(1)

The purpose and content of the communication has been disclosed in advance or simultaneously to all parties involved; or

(2)

The communication is a request for information to the Debarment Hearing Board's staff concerning the status of the debarment action.

(Ord. No. 12926, § 1, 5-5-2009)