San Jose Municipal Code Part 4 Summary Action Procedures

A. The purpose of this Part is to provide all the necessary procedural safeguards after a decision is made by the Airport Security Coordinator (or designee) to summarily suspend or revoke SIDA badge privileges.

B. It is the intent of the City Council to balance the significant interest of the airport to abate imminent threats to airport security and the due process rights of SIDA badge holders who are granted unescorted access to areas within the airport which are critical to airport security.

(Ord. 30323.)

A. If the Airport Security Coordinator or designee, determines there is an imminent threat to the health, safety, welfare, or similar public interest a SIDA badge may be summarily suspended for a period of time not to exceed sixty (60) days.

B. The summary suspension shall take effect immediately upon service of a notice of suspension by the Airport Security Coordinator or designee, utilizing any of the methods of service identified in section 25.09.080. Notice given to the SIDA badge holder shall include the following information:

1. The effective date and time period of the summary suspension;

2. The grounds and reasons upon which the summary suspension is based;

3. The SIDA badge holder who wishes to challenge the notice of summary suspension may request a hearing before the Director (or designee);

4. The method for requesting a hearing before the Director (or designee); and

5. The notice of summary suspension shall become final unless the Director (or designee) receives a written request for a hearing from the SIDA badge holder within the time period specified in Section 25.09.320 below.

C. The period of time of the summary suspension shall remain in effect unless and until either:

1. The Airport Security Coordinator or designee amends the notice of summary suspension to shorten the time period provided in the earlier notice of summary suspension; or

2. The Director (or designee) issues a decision after holding a hearing pursuant to the requirements of Section 25.09.330 that overrules or modifies the summary suspension, including without limitation, ordering permanent revocation or continued suspension of the SIDA badge, where appropriate, on grounds set forth in Section 25.09.130 above.

(Ord. 30323.)

A. If the SIDA badge holder wishes to challenge the notice of summary suspension, the SIDA badge holder must file a written request for a hearing before the Director (or designee) within three (3) business days after service of the notice of summary suspension. If the Director (or designee) does not receive a request for a hearing from the SIDA badge holder within this time period, the notice of summary suspension shall become final upon the airport's close of business on last day to file the written request for a post-deprivation hearing.

B. The Director (or designee) must respond to the SIDA badge holder's request for a hearing by holding a hearing to affirm, modify or overrule the notice of summary suspension within five (5) business days of the SIDA badge holder's request for a hearing, unless the SIDA badge holder requests an extension of the time within which the Director (or designee) can hold the hearing.

(Ord. 30323.)

A. The Director (or designee) shall serve a written notice of hearing on the SIDA badge holder not later than two (2) business days after receiving the SIDA badge holder's written request for a hearing. The notice of hearing shall contain the date, time and place at which the hearing shall be conducted.

B. At the hearing before the Director (or designee), the SIDA badge holder shall be given the opportunity to present evidence that either rebuts the ground(s) for which the summary suspension was issued or demonstrates that the reason or reasons leading to the summary suspension have been mitigated or corrected.

C. The hearing will be conducted informally and technical rules of evidence shall not apply. Any and all evidence that the Director (or designee) deems reliable, relevant and not unduly repetitious may be considered.

D. The SIDA badge holder may waive their right under this Section to an accelerated post-deprivation hearing before the Director (or designee) by providing a written request for such a waiver at least 24 hours prior to the scheduled post-deprivation hearing before the Director (or designee).

(Ord. 30323.)

A. Following the conclusion of the hearing, the Director (or designee) shall issue a decision which affirms, modifies or overrules the notice of summary suspension, as specified in subsection B below. If the Director (or designee) affirms or modifies the summary suspension, the Director (or designee) may impose additional conditions upon the SIDA badge if those conditions were reviewed at the hearing and the conditions are intended to protect the health, safety or welfare of the public or prevent the conduct or condition that led to the notice of summary suspension.

B. The Director (or designee) shall issue an oral decision upon the close of the hearing or may communicate the decision by telephone, within twenty-four (24) hours of the close of the hearing. The Director (or designee) shall also serve the SIDA badge holder with a written decision within three (3) business days of the close of the hearing, utilizing any of the methods of service identified in section 25.09.080. However, the Director (or designee) may exercise discretion to delay issuance of a decision for a period not to exceed seven (7) additional business days for any reason, including the Director's request for submission of supplemental information from the SIDA badge holder or airport staff.

C. Following the service of a written decision after the hearing, a SIDA badge holder who is dissatisfied with the Director's decision may seek judicial review pursuant to Section 1094.6 of the Code of Civil Procedure of the State of California, as the Director's written decision shall be the airport's final action on the matter

(Ord. 30323.)

An applicant or SIDA badge holder's failure to appear at a scheduled hearing before the Director (or designee) in person, through a representative, or by written submission, except upon twenty-four (24) hours' prior notice to the Director (or designee) will result in denial of the challenge of the notice of decision or hearing concerning such decision, which will be a final action of the airport that is not subject to further administrative review; provided, however, that the Director (or designee) shall have the discretion, upon an applicant's or SIDA badge holder's showing of good cause, to excuse such failure to appear.

(Ord. 30323.)