HomeMy WebLinkAboutReimbursement Agreement with City of Duarte for Shared Hearing Officer for Contested Parking ViolationsREIMBURSEMENT AGREEMENT
Contested Parking Violations
This Agreement is by and between the City of Arcadia,
hereinafter referred to as "City" and the City of Duarte,
hereinafter referred to as "Duarte".
WHEREAS, as a result of Assembly Bill 408, municipalities must
decriminalize parking violations and establish a system of
administrative adjudication; and
WHEREAS, the City of Arcadia has adopted an administrative
adjudication program and policy which includes a hearing process
before a Parking Hearing Officer as required by State Law; and
WHEREAS, the City of Arcadia has created and will staff the
position of Parking Hearing Official as set forth in the attached
Exhibit A; and
WHEREAS, the City of Duarte is subject to the same
requirements as Arcadia with regard to the review of parking
violations and the need to utilize a Hearing Officer (Examiner) as
set forth in Vehicle Code Sections 40200.7 and 40215.
NOW, THEREFORE, the Cities of Arcadia and Duarte, do hereby
agree as follows:
1. SERVICES. The persons selected and hired by the City of
Arcadia as Hearing Officer pursuant to the attached Exhibits shall
be available and shall serve as the Hearing Officer for Duarte
pursuant to the terms of this Agreement. For purposes of the
administrative review of parking violations and the mandated
procedures for a Hearing Officer, Duarte hereby designates
Arcadia's Hearing Officer as their Examiner for administrative
review pursuant to Vehicle Code Section 40215.
2. LOCATION OF HEARINGS. All hearings shall take place at the
Arcadia Civic Center - 240 West Huntington Drive, Arcadia,
California.
3. SCHEDULING. Duarte shall be responsible for the scheduling
of hearings from their jurisdiction. This will be coordinated
through the Arcadia Parking Clerk. Duarte shall be responsible for
notice to the contestant and provision of required materials to the
Arcadia Parking Clerk who shall assemble the file for the Hearing
Officer.
4. CONCURRENCE WITH ARCADIA PROGRAM. Duarte confirms that
they have reviewed the Arcadia Parking Adjudication Program and
related resolutions, and documents and concur with said program and
agree to subject process.
01
5. BILLINGS /REIMBURSEMENT. Duarte shall be billed monthly
for Hearing Officer services allocated to them during the month.
Billings shall be based on a charge of $3.00 per case plus a pro-
rated charge allocated to the Hearing Officer's case assignments.
For example, if during a one month period, six Arcadia and five
Duarte cases were reviewed, billings would be as follows: Duarte -
$15 administration and 5/11 of hearing official's salary. This
methodology shall be monitored by Arcadia for a period of four (4)
months, and may be changed after that time period to billings based
on actual time spent on each case per City. This change shall be
implemented by written notice to Duarte at least ten (10) days in
advance of the revised billing procedure. If such notice is
provided, Duarte shall reimburse Arcadia on this basis for the
remainder of the term of this Agreement unless further amended
pursuant to Section 7 below.
If a transcript of the hearing process is required as a result
of an appeal to the Municipal Court, and the cost of said
transcript is not funded by the contestant (appellant), Duarte
shall reimburse Arcadia for its cost of transcript preparation
applicable to the case arising out of their jurisdiction.
Duarte shall reimburse City within fifteen (15) days of
receipt of monthly billings.
6. HOLD HARMLESS/ INDEMNIFICATION. It is recognized and agreed
that the Hearing Officer is an independent neutral adjudicator, and
that no liability, damages- consequential or otherwise, should
emanate from that function or any related services that will be
provided by the Arcadia Parking Clerk and Hearing Officer. Should
any claims, suits, or liability arise out of the performance of
this Agreement in relation to cases from Duarte, that City shall
defend, indemnify, and hold Arcadia harmless with regard to such
actions.
7. TERMINATION. The parties to this Agreement may terminate
their obligations hereunder upon ten days written notice to the
other party. Such termination shall not effect any cases pending
during the ten (10) day period and the reimbursement responsibility
for such cases, however, Duarte shall not schedule any new case
with Arcadia during the ten (10) day period.
R
8. AMENDMENTS. Except as set forth by the notice provisions
in Section 5 above, this Agreement may be amended in writing as
approved by the City Councils of Arcadia and Duarte.
Dated this day of September, 1993.
CITY OF DUARTE
Mayor John C. Van Doren
ATTEST:
City Clerk Mirilyn F. Dayer
APPROVED AS TO FORM:
City Attorney E.(Clarke Moseley
0�_�Aftx*&W
Mayor
ATTEST:
C& - Clerk /
/11
APPROVED AS TO FORM:
City Attorney
3
EXHIBIT "A"
CITY OF ARCADIA APPROVED BY THE PERSONNEL BOARD 6/10/93
APPROVED BY CITY COUNCIL 7/6/93
PARKING HEARING OFFICIAL
Under the provisions of the California Vehicle Code, to hear and dispose of all
contested cases involving violations of the California Vehicle Code, the Arcadia
Municipal Code, and the municipal code of any contracting agency relating to the
parking and impoundment of vehicles within the area of jurisdiction of the City 01
Arcadia or any other contracting agency; and to perform related duties as required.
RESPONSIBILITIES
Performs all hearing activities related to parking adjudication from an independent and
impartial position in accordance with established policy.
Determines necessary courses of action and complies with State and local law
regarding parking adjudication.
Exercises independent judgement involving interpretation of State and local laws and
regulations, including the California Vehicle Code, Arcadia Municipal Code and the
municipal code of any contracting agency.
EXAMPLE OF DUTIES
Conduct hearings and render decisions in accordance with the rules, regulations,
polices, and procedures established by applicable laws.
Cross examine the respondent and any witnesses to determine the credibility of the
defence and authenticity of any documents presented at a hearing.
Examine parking citations for defects in the prima facie case, and in some cases help
the respondent articulate their defense.
Listen to the respondent's story, weigh the evidence, including any discrepancies
elicited during the cross - examination, and render a decision based on the facts of the
case and applicable law.
For each case, prepare a brief statement of rational applied in reaching a decision.
Parking Hearing Official
Page 2
••: • •:
-•.: .
California Vehicle Code, and rules, regulations and procedures regarding the parking
adjudication process.
English usage, spelling, grammar, and punctuation.
Effective public relations and personal interaction skills.
Read and interpret legal and law enforcement codes and regulations.
Apply the law to actual circumstances.
Determine the credibility of respondent explanations.
Determine the authenticity of.documents presented during a hearing.
Assess a situation and if necessary, assist others in articulating facts of a case.
Cross examine a respondent during a hearing.
Listen objectively, attentively and show interest.
Remain calm and professional in stressful circumstances.
Interpret and explain various laws, regulations, policies and procedures to the public.
Assemble information and render a decision fairly and impartially.
Establish and maintain effective working relationships with employees and the public.
Parking Hearing Official
Page 3
DESIRABLE EXPERIENCE AND TRAINING
Experience:
Recent employment in a job requiring public interaction and familiarity with the
California Vehicle Code.
Equivalent to graduation from high school.
A combination of equivalent experience and training that would provide the required
skills, knowledge and abilities would be qualifying.
Sixteen Han6pe,6 Handngton Dnive, Duap-te, Cakponnici 91010 - (818) 3SZ-7931
September 15, 1993
Ms. Sharon Casey, Finance Department
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91007
The City of
1993, unanim
Contested Pat
the City of
of Duarte to
reimbursemenl
Enclosed an
executed by 1
of Arcadia 1W.
to this offi(
)uarte, at its regular meeting on September 14,
)usly approved the Reimbursement Agreement for
- king Violations between the City of Duarte and
krcadia. This Agreement would permit the City
use the City of Arcadia hearing officer and set
costs and procedures.
two original Agreements which have been
he Mayor. Please have them signed by the Mayor
iere indicated and return an original Agreement
:e. Thank you.
sincerely,
r
Jesse H. Du
City Manager
JHD: mf d
cc: Don Anderson
d� = Bunr2b ( the ( Ar2brzes Ducirzte Rcir2(420
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ARR
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Sixteen Han6pe,6 Handngton Dnive, Duap-te, Cakponnici 91010 - (818) 3SZ-7931
September 15, 1993
Ms. Sharon Casey, Finance Department
City of Arcadia
240 West Huntington Drive
Arcadia, CA 91007
The City of
1993, unanim
Contested Pat
the City of
of Duarte to
reimbursemenl
Enclosed an
executed by 1
of Arcadia 1W.
to this offi(
)uarte, at its regular meeting on September 14,
)usly approved the Reimbursement Agreement for
- king Violations between the City of Duarte and
krcadia. This Agreement would permit the City
use the City of Arcadia hearing officer and set
costs and procedures.
two original Agreements which have been
he Mayor. Please have them signed by the Mayor
iere indicated and return an original Agreement
:e. Thank you.
sincerely,
r
Jesse H. Du
City Manager
JHD: mf d
cc: Don Anderson
d� = Bunr2b ( the ( Ar2brzes Ducirzte Rcir2(420