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9. Do we want a separate appeal process or use the original fine process already in <br /> place? <br /> The existing Code provides for a hearing opportunity for any person having received an <br /> administrative offense. Section 702.02, Subd 7 outlnies the steps pertaining to an <br /> appeal: <br /> a. Request for Hearing: Any person aggrieved by this Section may request, within seven (7) <br /> days of the time of issuance of the notice, to be heard by the hearing officer who shall <br /> hear and determine the grievance. <br /> b. Hearing Officer: The Clerk-Administrator shall be the hearing officer, and the Clerk- <br /> Administrator or a designee is authorized to hear or determine a case or controversy <br /> relative <br /> to this Section. The hearing officer is not a Judicial officer and is a public officer as <br /> defined by Minnesota Statutes, section 609.415 and subject to Minnesota Statutes relating <br /> to public officers. (1988 Code §400.03) <br /> c. Determination of Case: The hearing officer shall have the authority to dismiss the <br /> violation for cause, reduce or waive the penalty upon such terms and conditions as can be <br /> agreed upon by the parties; however, reasons for such dispositions shall be stated, in <br /> writing, by said hearing officer. If the violation is sustained by the hearing officer, <br /> the violator shall pay satisfaction of the penalty or shall sign an agreement to pay upon <br /> such terms and conditions as set forth by the hearing officer. <br /> Jeremiah and I have been discussing for some time now the possibility of revising this <br /> process to establish an impartial hearing officer rather than the City Administrator. <br /> Some residents, when faced with appealing an A0, have expressed doubt that the City <br /> Administrator would provide a fair and impartial ruling. To that extent we agree, in that <br /> the administrator probably would *not* be an unbiased arbiter. Some communities contract <br /> with independent administrative hearing judges to consider city-issued tickets and fines. <br /> If there's a way to do this economically (for both the City and the person receiving the <br /> ticket) we may want to give that serious consideration. Ultimately, the City Council <br /> would make the final determination pertaining to any such fine via the assessment hearing, <br /> if it got to that point. <br /> Whew. . . . <br /> I think I addressed all your questions. If you have any follow up questions, please do <br /> not hesitate to give me a call. I will *try* and make it to the Charter Commission <br /> meeting on Thursday, however my kids have conferences at 5:30 and 6:00 so I would not be <br /> there right at 7:00 pm. <br /> Thanks, <br /> Jim <br /> 3 <br />