CITY of ALBUQUERQUE
TWENTIETH COUNCIL
COUNCIL BILL NO. F/S
O-12-21 ENACTMENT NO. ________________________
SPONSORED BY: Dan Lewis, by request
ORDINANCE
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F/S Establishing Independent Hearing Officers, Adopting Hearing Procedures And Repealing The Independent Office of Hearings Ordinance (Lewis, by request)
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ESTABLISHING INDEPENDENT HEARING OFFICERS, ADOPTING HEARING PROCEDURES AND REPEALING THE INDEPENDENT OFFICE OF HEARINGS ORDINANCE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
SECTION 1. This ordinance repeals and replaces the Independent Office of Hearings Ordinance:
“Section 1. SHORT TITLE: This ordinance may be cited as the 'IHO Ordinance.'
Section 2. FINDINGS
The City Council finds as follows:
(A) The Independent Office of Hearings was established primarily to handle red light camera and speed van violations under the STOP Ordinance, which has been repealed.
(B) Under State law, hearing officers presiding over STOP Ordinance cases were appointed by the presiding judge of the civil division of the district court. The district court does not normally appoint municipal administrative hearing officers and the Independent Office of Hearings Ordinance, which was enacted primarily to comply with State law, is no longer required in its current form.
(C) City Council finds that personnel hearings and zoning hearings involve factors not at play in other administrative processes. City Council finds that personnel hearings should have a mechanism for challenging the bias of hearing officers. To the extent of any actual or perceived conflict between the IHO Ordinance and any previously existing ordinance, even if the pre-existing ordinance is arguably more specific on any particular topic or point, it is the intent of the City Council that the IHO Ordinance shall prevail. Zoning hearings, which have been recently adjudicated by the Independent Office of Hearings,...
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