City Council Meeting: December 11, 2007

Agenda Item: 1-B

To: Mayor and City Council

From: Carol Swindell, Director of Finance

Subject: Agreement with Sherman and LeVine for Parking Citation Administrative Hearing Examiner Services

Recommended Action

Staff recommends that the City Council authorize the City Manager to negotiate and execute a two year agreement with the law offices of Sherman and LeVine to provide parking adjudication services beginning January 1, 2008 through December 31, 2009, with an option to extend for two additional two year terms through December 31, 2013.

Executive Summary

The State of California requires municipalities to follow the provisions of the California Vehicle Code (CVC) which mandates that issuing agencies provide an impartial review process for contested parking citations. The Cities of Santa Monica, Beverly Hills, Culver City and West Hollywood (Westside Cities) jointly issue requests for proposals for the selection of Parking Citation Administrative Hearing Examiner Services in order to obtain better pricing and coordinate parking activities. Each City, however, separately contracts with the selected hearing examiners. The monies for this agreement are budgeted in 01224.544390

Discussion

In July 1993, the State of California decriminalized parking citations and transferred responsibility for citation processing and adjudication from the courts to local jurisdictions. State law requires that all counties and municipalities follow the provision of the California Vehicle Code (CVC) in adjudicating parking citations.

Per Section 40215 of the CVC, citations must be paid or contested no later than 21 calendar days from the issuance of a parking citation or 14 calendar days from the mailing of a notice of delinquent parking violation, whichever is later. To contest a parking citation, a person may request an initial administrative review of the citation. This review is conducted by the Police Department for the purpose of determining whether the violation did occur, whether the registered owner was responsible for the violation and/or whether extenuating circumstances make dismissal of the citation appropriate in the interest of justice. A person dissatisfied with the results of the initial administrative review can request an administrative hearing no later than 21 days following the mailing of the initial administrative review results letter. If found liable after the administrative hearing, the person can then file an appeal to be heard by the Superior/Municipal Court within 30 calendar days after the mailing of the administrative hearing decision. These timelines are set by the CVC which also specifies that failure to exercise appeal rights by the deadlines eliminates any further appeals.

The CVC specified the administrative hearing process and requires that the issuing agency appoint or contract with qualified administrative hearing providers. Hearing examiners cannot be employees of the City, and they are paid a flat fee per administrative hearing. Compensation is not to be linked to decisions. The CVC sets hearing examiner training requirements. In addition, the Westside Cities provide hearing examiners with a comprehensive manual of policies and procedures to follow to ensure that a forum is available in which the facts of a case may be reviewed fairly and a disposition rendered in a timely manner. The manual has a section relating to customer service that contains information on the general approach to hearings, the informality of the hearing, the role of the hearing examiner and the conduct of the hearing examiner.

Approximately 5% of all parking citations are contested and enter the adjudication process. Past experience indicates that during the first or initial review phase approximately 62% of the violators are found not liable and 38% liable. About 15% of the violators found liable at that phase continue to an administrative hearing held by the hearing examiners. Of the violators who undergo an administrative hearing conducted by the impartial hearing examiners, past experience indicates about 90% are found liable and 10% not liable. During the past year, 22 violators out of 959 hearings continued to the final or court appeal stage. Of the 22 that went to the final stage, 32% were found liable and 68% were found not liable.

Contractor/Consultant Selection

Since 1993, the cities of Santa Monica, Beverly Hills, Culver City and West Hollywood (Westside cities) have jointly issued Requests for Proposals for the selection of Parking Citation Administrative Hearing Examiner Services to obtain better pricing and coordinate parking activities. Hearing examiners are selected after a thorough review of applicants’ qualifications. Each City, however separately contracts with the selected hearing examiners. In September 2007, the Westside Cities issued a joint Request for Proposals (RFP) for parking citation administrative hearing examiner services. The RFP was sent to seven vendors and posted on the California Public Parking Association website.

One bid proposal was received in response to the RFP by the firm of Sherman and LeVine and was selected unanimously by the respective staff of the Westside Cities. The firm will be compensated on a per case basis. The review committee considered references, presentation material, sample decisions, and years of experience conducting parking citation hearings. The firm of Sherman and LeVine has conducted parking hearings for the Westside cities since 1998.

Financial Impacts & Budget Actions

The fees are paid on a per case basis. On average the number of cases heard each year is 1,664. The first year is $13.00 per case with an estimated annual cost of $21,632. The second year is $14.00 per case with an estimated annual cost of $23,296. Funds are included in the FY07/08 Adopted Budget at line item 01224.544390.

Prepared by:

Eva U’Ren, Revenue Manager

Approved:	Forwarded to Council:
Carol Swindell Director, Finance	P. Lamont Ewell City Manager