Downey Municipal Code Part 4 Appeal to the City Council

(a) The contractor or any interested party may appeal the decision of the hearing officer to the City Council by delivery to the City Clerk of a written request to appeal within 10 days of the date of the receipt of the notice of decision.

(b) If there is no appeal filed within the time for appeal set forth in subsection (a) of this section, then the decision of the hearing officer shall be final.

(Added by Ord. 05-1173, adopted 5-24-05)

If a written request to appeal is timely filed with the City Clerk, the City Council shall hold a hearing. The City Clerk shall give the contractor and any interested party written notice of the hearing which specifies the time, date and location of the hearing.

(Added by Ord. 05-1173, adopted 5-24-05)

Unless otherwise requested by the contractor, the hearing shall be held no sooner than 10 days from the date of the notice of the contractor's appeal.

(Added by Ord. 05-1173, adopted 5-24-05)

The hearing by the City Council shall be a de novo where evidence and argument including, but not limited to, sworn testimony of witnesses and documentary evidence, may be presented.

(Added by Ord. 05-1173, adopted 5-24-05)

At the close of the hearing, the City Council may uphold, reverse, or modify the City Manager's decision regarding debarment. The City Council shall base its decision on a preponderance of the evidence, including the information and evidence presented to the hearing officer and any additional information and evidence received by the City Council at the hearing.

(Added by Ord. 05-1173, adopted 5-24-05)

The decision of the City Council shall be final.

(Added by Ord. 05-1173, adopted 5-24-05)