Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - November 5, 2013
REVISED November 5, 2013 - Regular Meeting
Agenda Item #14

Revisions to Procedures for the Appointment of Hearing Officer's-Resolution 13-197

Briefing Provided Upon Request

Contact and/or Presenter Information
James A. Minix, Chief Assistant County Attorney
Jo Ann Grace, Legal Assistant, Ext. 3750

Action Requested

Motion to adopt Resolution R-13-197 providing for the appointment of County hearing officers from a revised list of approved hearing officer candidates to conduct quasi judicial hearings related to due process and land use matters, and to provide for staff clerical assistance for administrative hearings.

Enabling/Regulating Authority

Section 125.01, Florida Statutes, Section 304.1 of the Manatee County Land Development Code, and Section 2-2-109 of the Manatee County Code of Laws.

Background Discussion

On May 7, 2013, the Board adopted Resolution R-13-080 which provided for the appointment of hearing officers from County approved lists of candidates to conduct quasi-judicial hearings relating to due process and land use matters. It also provided for, and approved, a global hourly rate of $200 per hour for hearing officer's services excluding travel time which is not compensated. The attached proposed Resolution R-13-197 has been drafted to reflect the withdrawal of certain hearing officer candidates who are no longer available to serve as hearing officers and to provide for new qualified candidates. It incorporates the new and revised general lists of approved hearing officers attached as Exhibit A and Exhibit B. This revised resolution, under Section 316.0083, Florida Statutes, also allows for existing staff to undertake the clerical duties for the hearing officers and act as clerk at the hearings, including hearings regarding red light citations. Resolution R-13-197 will repeal previous Resolution 13-080.

County Attorney Review
Other (Requires explanation in field below)

Explanation of Other

See attached Resolution R-13-080 as well as Proposed Resolution R-13-197 and Exhibits A and B for adoption.

Reviewing Attorney

Instructions to Board Records

Please return a fully approved electronic copy of this agenda memorandum and its supporting documents to: joann.grace@mymanatee.org
Thank you.

Cost and Funds Source Account Number and Name

Amount and Frequency of Recurring Costs
$200 per hour as necessary to compensate hearing officers for their services.

Attachment:  HO RES Revised 10-2-2013.pdf
Attachment:  HOs Candidates Land Use 2013.Ex. A.pdf
Attachment:  HOs Candidates Due Proc 2013 Ex. B.pdf
Attachment:  HO Resolution 13-080.pdf