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Agmt19 City of San Bruno
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Agmt19 City of San Bruno
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Last modified
1/23/2019 1:20:52 PM
Creation date
1/23/2019 1:20:41 PM
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Agreement
Contractor Name
City of San Bruno
PROJECT NAME
Reciprocal services agreement for administrative hearing officer
RMP File Number
304.5
Date
1/22/2019
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ORIGINAL <br />RECIPROCAL SERVICES AGREEMENT <br />by and between <br />City of Redwood City and City of San Bruno <br />THIS AGREEMENT is entered into this Iv day ofQ� 2019 by <br />and between the cities of Redwood City and San Bruno, munic p I corpor ti ns located <br />in San Mateo, California, referred to herein as "Party" or "Parties" or "City" and "Cities." <br />RECITALS <br />A. WHEREAS, each City desires to secure the services of an administrative <br />hearing officer in cases where a hearing has been set on an alleged nuisance, <br />administrative penalty, or other violation of its Municipal Code or Zoning Ordinance; <br />and <br />B. WHEREAS, in the case of Haas v. County of San Bernardino (2002) 27 <br />Cal.41h 1017, the California Supreme Court suggested appointment of a panel of <br />hearing officers to hear cases under an established system of rotation; and <br />C. WHEREAS, each City has employees who possess the necessary <br />qualifications to provide administrative hearing officer services for the other and who <br />can do so without being subject to pecuniary influences or "chain of command" <br />influence with respect to the disposition of matters pending before the other City; <br />NOW THEREFORE, the Parties agree as follows: <br />Services. <br />(a) Services to be provided. Upon request, each City will provide hearing officer <br />services to the other as follows. The City providing the hearing officer ("the serving <br />City') will designate one of its employees to sit as a hearing officer for one or more <br />matters designated by the other City ("the requesting City") during his or her <br />compensated time as an employee of the serving City and without any change in <br />compensation and benefits or any other change in the terms and conditions of his or <br />her employment relationship with the serving City. The employee so designated will be <br />qualified by experience and training to provide the hearing officer services requested. <br />The requesting City shall vest the designated employee with full authority under its <br />ordinances to hear the matter and to render a decision or advisory decision in such <br />form and manner as required by the requesting City's ordinances and other applicable <br />law. The requesting City shall provide a place for the hearing, for any recording of <br />hearings, for presentation and preservation of evidence, and for such clerical and other <br />administrative support as the hearing officer shall reasonably require. <br />(b) Excluded services. The services provided under this Agreement shall not <br />include assistance with collective bargaining pursuant to the Meyers-Milias-Brown Act <br />or the determination of disputes arising in the labor and employment context, including, <br />ATTY/AGR/2018.273/RECIPROCAL HEARING OFFICER AGREEMENT REDWOOD CITY & SAN BRUNO <br />REV: 12-06-18 RL <br />Page 1 of 3 <br />
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