Title
Adoption of Resolution Appointing Michael Roush as a Qualified Examiner to Conduct Administrative Hearings for Parking Violations in Accordance with the California Vehicle Code. (Public Works 26541643)
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager
EXECUTIVE SUMMARY
The City of Alameda (City) is responsible for the management of on-street parking, curbside space, and multiple parking lot and structured parking facilities. California Vehicle Code (CVC) Section 40215 and Alameda Municipal Code (AMC) Section 8-12 allow for the ability to contest a parking citation, provided the citation was issued in error. If the citation holder is dissatisfied with the results of this first level review, said individual may proceed in requesting an administrative hearing of the violation. CVC Section 40215 establishes criteria and levels of training and experience for Qualified Examiners to conduct those administrative hearings. Further, CVC Section 40215 allows the issuing agency’s governing body to approve relevant experience as a substitute for training and recognize training completed in the last five years when appointing a Qualified Examiner. Staff recommends that City Council appoint Michael Roush as a Qualified Examiner to conduct administrative hearings for parking violations, in light of his relevant experience and training.
BACKGROUND
The City is responsible for the management of on-street parking, curbside space, and multiple parking lot and structured parking facilities. Over the past decade, City Council adopted a variety of plans, policies, and goals to address transportation and parking management. Achieving many of these goals requires a well-designed and consistently operated parking enforcement program.
DISCUSSION
Overview of Contesting Parking Citation
CVC Section 40215 and AMC 8-12 allow individuals to contest a parking citation if they believe they have been issued in error. The initial review of the citation is conducted by the Parking Program Manager. If the individual is dissatisfied with the outcome of this first-level review, they may request an administrative hearing for a second-level review.
State law requires that administrative hearings must be conducted by qualified Hearing Examiners with “qualifications, training, and objectivity necessary to conduct a fair and impartial review.” These examiners must not be employed, managed, or controlled by individuals whose primary duties involve parking enforcement or parking citation, processing, collection, or issuance, ensuring the objectivity and fairness of the hearings. The examiner must also be separate and independent from the citation, collection, or processing function. An examiner’s continued employment, performance evaluation, compensation, and benefits may not, directly or indirectly, be linked to the amount of fines collected by the examiner.
To qualify, examiners must complete a minimum of 20 hours of training on topics such as but not limited to, applicable laws and regulations, parking enforcement procedures, due process, evaluation of evidence, hearing procedures, and effective oral and written communication.
With City Council approval, the CVC permits up to 12 hours of relevant experience to substitute for 12 training hours. Additionally, the CVC allows the City Council, at its discretion, to credit the remaining 8 hours of training requirement based on relevant training programs or courses attended within the last five years.
The City’s third-party citation administrator, Turbo Data Systems, currently provides Qualified Examiner services for the City; however, those services are only offered via phone or mail. The City requires the services of a Qualified Examiner who can conduct hearings in person or through an online meeting platform. While many first level citation reviews are conducted each month, only a small percentage pursue an administrative hearing (on average 5 per month). And while most citation holders are satisfied with an administrative hearing held by phone, there are instances where an in person or online meeting administrative hearing is required.
Qualifications of Michael Roush as a Qualified Hearing Examiner
Michael Roush, currently a part-time attorney with the Alameda City Attorney’s Office, has provided hearing officer services for several cities across California, including Oakland for building code and illegal dumping violations, Antioch and East Palo Alto for rent control issues, and Newark for fireworks violations. Furthermore, he has undergone training to qualify and served as a Judge Pro Temp in the Superior Court of Alameda County, a position that required extensive qualifying training; however, this experience was not obtained within the last five years. Mr. Roush’s longstanding legal experience includes decades of previous service as City Attorney for the City of Pleasanton and Interim City Attorney for the City of Alameda. Mr. Roush exceeds the required 12 hours of relevant experience, having conducted hearings, evaluated evidence, ensured due process for all parties, and issued decisions based on applicable law.
Mr. Roush also meets the independence requirements set forth by State law. The City Attorney’s Office is independently responsible directly to the City Council. Accordingly, members of the Office, including Mr. Roush, are not employed, managed, or controlled by individuals (e.g., the Public Works Department) whose primary duties involve parking enforcement or parking citation, processing, collection, or issuance. Additionally, the Office will erect necessary ethical walls to ensure that Mr. Roush will not provide any legal advice to the City’s parking operations, thereby ensuring his independence as an impartial hearing examiner for parking citations.
Staff recommends that City Council appoint Michael Roush as a Qualified Hearing Examiner to conduct administrative hearings for parking violations.
ALTERNATIVES
• Adopt the resolution appointing Michael Roush as a Qualified Examiner to conduct parking violation administrative hearings, per CVC Section 40215.
• Direct staff to pursue an alternative Qualified Examiner(s).
FINANCIAL IMPACT
All costs associated with conducting the administrative hearing will be incurred by the Parking Fund (Fund 265). There is no impact to the General Fund.
MUNICIPAL CODE/POLICY DOCUMENT CROSS REFERENCE
Alameda Municipal Code Chapter 8 contains parking prohibitions and Chapter 12 covers public parking regulations. California Vehicle Code Section 40200-40230 address Procedures for Parking Violations.
ENVIRONMENTAL REVIEW
This action does not constitute a “project” as defined in California Environmental Quality Act (CEQA) Guidelines Section 15378 and therefore no further CEQA analysis is required.
CLIMATE IMPACT
There are no identifiable climate impacts or climate action opportunities associated with the subject of this report.
RECOMMENDATION
Adopt a resolution appointing Michael Roush as a Qualified Examiner to conduct administrative hearings for parking violations in accordance with the California Vehicle Code
Respectfully submitted,
Erin Smith, Public Works Director
Financial Impact section reviewed,
Ross McCarthy, Acting Finance Director