City of Albuquerque - File #: O-23-68

• File #: O-23-68
• Type: Ordinance
• Status: Enacted
• File created: 2/6/2023
• In control: Finance & Government Operations Committee
• Final action: 5/1/2023
• Enactment date: 5/25/2023
• Enactment #: O-2023-015
• Title: C/S Repealing And Replacing The Independent Hearing Office Ordinance And Providing For A Standardized Process For Administrative Appeals; Repealing Ordinances No Longer In Effect Or Superseded (ROA 1994, 6-1-4, 6-2, 7-6, 7-9, And 7-14); Repealing And Replacing The Contractor Debarment Ordinance (ROA 1994, 5-7); Designating The Zoning Hearing Examiner As The Review Body For Solar Rights Hearings; And Revising The Integrated Development Ordinance Related To Zoning Hearing Examiner Duties (Jones, by request)
• Sponsors: Trudy E. Jones

Date	Action By	Action	Result
5/25/2023	City Clerk	Published
5/18/2023	Mayor	Signed by the Mayor
5/9/2023	City Council	Sent to Mayor for Signature
5/1/2023	City Council	Passed as Amended	Pass
5/1/2023	City Council	Amended	Pass
4/17/2023	City Council	Accepted Without Recommendation, as Amended
4/10/2023	Finance & Government Operations Committee	Sent to Council Without Recommendation, as substituted	Pass
4/10/2023	Finance & Government Operations Committee	Substituted	Pass
2/6/2023	City Council	Introduced and Referred
2/6/2023	President	Referred

CITY of ALBUQUERQUE
TWENTY FIFTH COUNCIL


COUNCIL BILL NO. C/S O-23-68 ENACTMENT NO. ________________________

SPONSORED BY: Trudy Jones, by request


ORDINANCE
title
C/S Repealing And Replacing The Independent Hearing Office Ordinance And Providing For A Standardized Process For Administrative Appeals; Repealing Ordinances No Longer In Effect Or Superseded (ROA 1994, 6-1-4, 6-2, 7-6, 7-9, And 7-14); Repealing And Replacing The Contractor Debarment Ordinance (ROA 1994, 5-7); Designating The Zoning Hearing Examiner As The Review Body For Solar Rights Hearings; And Revising The Integrated Development Ordinance Related To Zoning Hearing Examiner Duties (Jones, by request)
body
WHEREAS, The City Council significantly revised the Independent Hearing Office Ordinance in 2012. At that time, the City Council found 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was established primarily to handle red light camera and speed van violations under the STOP Ordinance, which has been repealed.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 adj...