HomeMy WebLinkAbout08247ORDINANCE NO. 8247
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE I OF THE
PUEBLO MUNICIPAL CODE RELATING TO THE AUTHORITY
OF BOARDS TO MAINTAIN ORDER IN QUASI-JUDICIAL AND
ADMINISTRATIVE PROCEEDINGS AND CLARIFYING
MISCELLANEOUS MATTERS REGARDING SUBPOENAS IN
SUCH PROCEEDINGS
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (Brackets
indicate matter being deleted; underscoring indicates new matter being added.)
SECTION 1.
Section 1-7-8 of Chapter 7, Title I of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 1-7-8. Preserving order; limitations.
(a) Each administrative body shall have the right to preserve order
. [
during any hearingto take such steps, including the ejection of any disorderly
]
If
or obstreperous person interfering with its proceedings as may be necessary.
any person appearing before the body or attending any meeting or hearing,
in the immediate presence of the administrative body or within its sight or
hearing, while the administrative body is in session, disobeys a lawful
order of thebody orengages in any speech, gesture, orconduct, which is
so disrespectful to the body that it tends to bring the body into public
ridicule, disrupt the proceedings, or otherwise impair good order, the
administrative body may take appropriate action against the responsible
person, as may be necessary, including but not limited to: public censure,
ejection from the hearing room and its environs, a prohibition on the
presentation of further testimony or evidence, entry of an order striking
testimony or evidence, or entry of a default.
(b) The administrative body may, prior to any presentations and as a
condition to the taking of testimony or information from any person, require the
registration of all persons desiring to be heard during the hearing.
(c) The administrative body may restrict the testimony of any person to
the material issues pending before it and, to prevent duplicative or cumulative
presentations, it may limit the presentation of evidence and cross-examination
and may impose reasonable time limitations upon all parties.
(d) The administrative body may issue reasonable orders to
preserve order, ensure safety, protect the record, and promote the truth-
finding process, including but not limited to orders related to:
(1) the screening of persons entering the building or
hearing room for weapons, concealed or carried openly, including
but not limited to firearms, knives, pepper spray, bear spray, and
batons, and objects or substances that may be used to disrupt the
proceedings;
(2) a prohibition on the presence of weapons, objects, and
substances that may be used to assault anyone or disrupt the
proceedings in the building, hearing room, and their environs. Until
such time as the City permanently puts in place security personnel
and electronic weapons screening devices at each entrance to the
building in which the hearing is conducted, and conducts screening
in compliance with C.R.S. § 18-12-104 (4), this Subsection (d)(2) shall
not apply to any firearm or any person carrying the same, who holds
a valid permit to carry a concealed weapon issued in the State of
Colorado, so long as (a) such person produces the permit to carry a
concealed weapon and the firearm for inspection by screeners; (b)
the firearm is kept concealed on such person; and (c) the firearm is
possessed, carried and used lawfully. Nothing contained in this
provision shall prohibit the screening of a person carrying a
concealed firearm under a valid permit to carry a concealed weapon;
(3) the number of people who may be present in the hearing
room;
(4) where the parties and other persons may stand or be
seated;
(5) identification and residence of persons speaking;
(6) sequestration of witnesses;
(7) the mode, manner, and order for presentation of
evidence and arguments;
(8) the use of obscene speech, fighting words, or gestures;
(9) the presence and use of projection screens, computer
screens, laser pointers, displays, graphics, models, computers, cell
phones, pagers, and other devices;
(10) conduct of persons present in the hearing room;
(11) the presence and use of cameras, lights, video, and
audio devices;
(12) the exclusion from the hearing room, building, or their
environs, of persons who are or appear to be intoxicated.
SECTION 2.
Section 1-7-9 of Chapter 7, Title I of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 1-7-9. Presiding officers; powers.
Subject to appeal to a majority of the administrative body, the presiding
officer shall have authority to:
(1) Administer oaths and affirmations;
(2) Sign and issue subpoenas upon application of any interested party
[;] .
In the case of an application for a subpoena duces tecum, the
application shall identify with particularity the items sought to be produced
and contain a brief statement indicating the materiality of the items sought
for the proceeding.
(3) Rule upon offers of proof and receive evidence;
(4) Dispose of motions relating to the discovery and production of
relevant documents and things for inspection, copying or photographing;
(5) Regulate the course of the hearing, set the time and place for
continued hearings and fix the time for the filing of briefs and other documents;
(6) Direct the parties to appear and confer to consider the simplification
of the issues, admissions of fact or documents to avoid unnecessary proof, and
limitation of number of expert witnesses;
(7) Dispose of: motions to dismiss for lack of jurisdiction over the
subject matter or parties or for any other ground; motions to amend applications
and other proceedings; motions to intervene; procedural requests; or similar
matters;
(8) Make initial or preliminary decisions; and
(9) Take any other action authorized by rule of the administrative body.
SECTION 3.
Section 1-7-10 of Chapter 7, Title I of the Pueblo Municipal Code, as amended, is
amended to read as follows:
Sec. 1-7-10. Enforcement of subpoenas.
or to quash
(a) Action for the enforcement of a subpoena shall be
commenced by filing a petition therefor with the Municipal Court, which shall
forthwith issue an order to the recalcitrant witness commanding him or her to
show cause why he or she should not comply with such subpoena. The
Municipal Court shall sustain such subpoena to the extent that it is found to be in
accordance with law and shall issue an order requiring the appearance of
witnesses or the production of data within a reasonable time, under penalty of
punishment for contempt of court.
(b) It shall be unlawful for any person without good cause to fail or
refuse to comply with a subpoena issued by any administrative body of the City.
Conviction of such failure shall not relieve the person under subpoena from the
obligation to comply therewith or relieve him or her from contempt proceedings
thereunder.
SECTION 4.
This Ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: July 26, 2010
BY: Vera Ortegon /COUNCILPERSON
PASSED AND APPROVED:August 9, 2010
Background Paper for Proposed
ORDINANCE
DATE: AGENDA ITEM
July 26, 2010
# R-2
DEPARTMENT:
Law Department
Thomas J. Florczak, City Attorney
TITLE
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE I OF THE PUEBLO MUNICIPAL
CODE RELATING TO THE AUTHORITY OF BOARDS TO MAINTAIN ORDER IN
QUASI-JUDICIAL AND ADMINISTRATIVE PROCEEDINGS AND CLARIFYING
MISCELLANEOUS MATTERS REGARDING SUBPOENAS IN SUCH PROCEEDINGS
ISSUE
Should City Council pass an ordinance amending Sections 1-7-8, 1-7-9, and 1-7-10,
Pueblo Municipal Code, to provide express authority for quasi-judicial and
administrative bodies to maintain order in their proceedings and to clarify miscellaneous
issues regarding subpoenas in such proceedings?
RECOMMENDATION
The Law Department recommends approval of the ordinance.
BACKGROUND
The City has various Boards that conduct quasi-judicial and administrative hearings,
including the Liquor Board, Civil Service Commission and City Council itself. The
proposed amendments would give these Boards the express authority to impose
sanctions on persons who engage in speech or conduct that substantially interferes with
the proceedings. The amendments also give these bodies authority to issue orders to
control the conduct of proceedings. Lastly, the proposed ordinance makes
miscellaneous changes to the provisions for subpoenas in quasi-judicial and
administrative proceedings.
FINANCIAL IMPACT
Unknown, but probably revenue and cost neutral.