Greenfield Municipal Code Art. III Other Provisions

If the city attorney has reasonable cause to believe that any contractor or subcontractor has knowingly committed any of the acts or omissions set forth in this article, the city attorney may prosecute pursuant to the provisions of chapter 1.10, Civil Enforcement.

(Ord. 517 § 2(part), 2016; Ord. 550 § 2(Exh. A), 2020)

To avoid results inconsistent with the purposes of this article, decisions of the department head or city manager, other than bid protests which are heard separately under section 3.12.052, may be appealed by the affected contractor to the city council.

A. Appeals by Contractor: Appeals of decisions shall be initiated within ten (10) days of the decision. The city shall be considered an interested party.

B. Time Limits: When the appeal period ends on a day when the city offices are not open to the public for business, the time limits shall be extended to the next full working day.

(Ord. 517 § 2(part), 2016; Ord. 550 § 2(Exh. A), 2020)

A. Filing of Appeals: An appeal shall be filed with the city clerk on a form provided and shall state, as appropriate, any of the following:

1. A determination or interpretation is not in accord with the purposes of this article;

2. There was an error or abuse of discretion;

3. The record includes inaccurate information; or

4. A decision is not supported by the record.

B. Effect on Decisions: Decisions that are appealed shall not become effective until the appeal is resolved.

(Ord. 517 § 2(part), 2016; Ord. 550 § 2(Exh. A), 2020)

A. Appeal Hearing Date: An appeal shall be scheduled for a hearing before the city council within thirty (30) days of the city's receipt of an appeal unless the contractor and city consent to a later date.

B. Notice and Public Hearing: An appeal hearing shall be a public hearing. Notice of the public hearing shall be mailed or delivered to the contractor within ten (10) days.

C. Hearing: At the hearing, the city council shall review the record of the decision and hear testimony of the contractor and any other interested party.

D. Decision and Notice: After the hearing, the council shall affirm, modify or reverse the original decision. When a decision is modified or reversed, the council shall state the specific reasons for modification or reversal. The city clerk shall mail notice of a city council decision. Such notice shall be mailed to the contractor within five (5) working days after the date of the decision and to any other party requesting such notice.

E. A decision by the council regarding an appeal shall become final on the date the decision is announced to the public.

(Ord. 517 § 2(part), 2016; Ord. 550 § 2(Exh. A), 2020)

The city manager shall adopt an administrative memorandum relating to rules, regulations and procedures to implement this article. The administrative memorandum shall be consistent with the provisions of this article.

(Ord. 517 § 2(part), 2016; Ord. 550 § 2(Exh. A), 2020)