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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.