DATE: January 8, 2019
TO: Board of Supervisors
SUBMITTED BY: Jean M. Rousseau, County Administrative Officer
SUBJECT: Ordinance Amendment to Office of the County Hearing Officer
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing on an Ordinance amending Fresno County Ordinance Code Title 2 - Administration, Chapter 2.81- Office of the County Hearing Officer to designate staff to the Office of the County Hearing Officer; waive the reading of the ordinance in its entirety; and set second hearing for January 29, 2019;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with Government Code, section 25124(b)(1).
REPORT
Approval of the recommended actions will amend Chapter 2.81 to designate staff to the Office of the County Hearing Officer (Office) to perform administrative tasks that may be required for proceedings within the duties of the Office. The County Administrative Officer (CAO) would designate the associated staff and the cost would be absorbed in the CAO’s Org 0120. This item is countywide.
ALTERNATIVE ACTION(S):
If the recommended actions are not approved, Chapter 2.81 will remain unchanged; however, it will continue to lack designated administrative staff.
FISCAL IMPACT:
The Net County Cost (NCC) associated with the recommended actions for FY 2018-19 will not exceed $25,000. The CAO will designate the county staff to the Office and the cost will be absorbed in the CAO’s Org 0120. Savings are anticipated from the decrease in civil litigation costs; however, at this time the savings are not measurable. Therefore, no savings are included as an offset to the estimated NCC.
DISCUSSION:
On October 31, 2017, the Board approved the creation of the Office and five county hearing officer positions. In addition, the Board authorized the delegation of appeals from administrative actions to the Office for final resolution and referral of quasi-legislative matters to the Office for recommendations to the Board.
The recommended actions will amend Chapter 2.81 - Office of the County Hearing Officer to designate staff to perform administrative tasks that may be required for proceedings within the duties of the Office. The tasks may include, but are not limited to:
• calendaring hearings;
• coordinating the designation of hearing officers for hearings, including the designation of hearing officer panels as required by statute or by ordinance or resolution of the Board;
• reserving hearing rooms;
• maintaining recording equipment and other equipment needed for hearings, and set up and operate such equipment as needed;
• administering oaths to witnesses in hearings;
• maintaining documents necessary for the operation of the Office;
• receiving and sending notices and other documents as may be required for proceedings within the duties of the Office; and,
• performing other administrative tasks as may be required by statute, by ordinance, or by resolution of the Board, or by internal policies and procedures that are established by the CAO and not in conflict with applicable statute, ordinance, or resolution.
The proposed Ordinance expressly provides that staff to the Office shall not take part in the decision of any matter before the Office for hearing, and shall not perform any research or investigation to aid any hearing officer in deciding such matters.
With your Board’s approval, the amendment will designate staff to perform administrative tasks that may be required for proceedings within the duties of the Office. The second hearing is scheduled on January 29, 2019 and the Ordinance, once adopted, will be effective 30 days after.
REFERENCE MATERIAL:
BAI #31, October 31, 2017
BAI #10, October 17, 2017
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
On file with Clerk - Ordinance Summary
CAO ANALYST:
Sonia M. De La Rosa