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16.40.970 City Administrator and Committee Authority and Process.

Label: City code section
  1. A.  The City Administrator may adopt and implement administrative rules, procedures, forms, and written policies for administering the provisions of Chapter 16.40.
  2. B.  The Committee may vote to adopt written recommendations to the City Administrator pertaining to any provisions to Chapter 16.40 and all matters pertaining to PFHT.
  3. C.  Before a recommendation is adopted, the Committee chairperson must first provide notice of the proposed recommendation to the public in a manner reasonably calculated to accomplish such notice (assistance will be provided by Bureau staff). The notice must include the place, time, and purpose of the public hearing, a brief description of the subjects covered by the proposed rule, and the location where copies of the full text of the proposed rule may be obtained.
  4. D.  In addition to the general notice required in Subsection 16.40.970 C., the Committee chairperson must also announce the proposed recommendation at a regularly scheduled Committee meeting (the “announcement meeting”) prior to the meeting in which public testimony will take place (the “testimony meeting”). At the announcement meeting, the Committee chairperson will provide a copy of the proposed recommendation to anyone in attendance that so requests, and the Committee chairperson will announce the date and time of the testimony meeting. The testimony meeting must take place no less than 14 days or more than 75 days from the announcement meeting.
  5. E.  At the testimony meeting, the City Administrator and the Committee will receive oral and written testimony concerning the proposed rule by any Committee member. Upon completion of the public testimony, the Committee may then vote to either:
    1. 1.  Adopt the proposed recommendation as originally proposed;
    2. 2.  Adopt a slightly modified version of the originally proposed recommendation;
    3. 3.  Move that a substantially modified version of the originally proposed recommendation be considered at a later Committee Meeting and with additional public testimony; or
    4. 4.  Withdraw the proposed recommendation altogether and allow no further vote on it.
  6. F.  If no Committee member seconds a Committee member’s motion under Subsections 16.40.970 E.1. through F.3. above, then the proposed recommendation does not take effect. Any Committee member may make the motion to adopt a proposed recommendation.
  7. G.  If a Committee member seconds the motion to adopt the proposed recommendation under Subsections 16.40.970 E.1. or E.2., the Committee will then consider and discuss the proposed recommendation, taking into account any public testimony received. Upon completion of the Committee’s discussion, the Committee chairperson will then call for a vote on the proposed recommendation. If a majority of the Committee votes to adopt the recommendation, it will be adopted.
  8. H.  If Committee member seconds a motion under Subsection 16.40.970 E.3., then additional public review must be conducted, but no additional public notice is required if an announcement is made at the Testimony Meeting of a future hearing for a date, time, and place certain at which the substantially modified rule will be discussed. After the additional testimony is received at the future hearing date, the proposed recommendation will be subject to the discussion, testimony, and voting procedures found in Subsections 16.40.970 E. through G.
  9. I.  Recommendations for rule adoption and Code revisions. At the recommendation of the PFHT Advisory Committee, the City Administrator may adopt administrative rules pursuant to Section 16.40.970 and the Director may provide to the City Administrator a recommendation to revise any provisions of Chapter 16.40.
  10. J.  Unless otherwise stated, all rules are effective upon adoption by the City Administrator. All rules adopted by the City Administrator will be filed in the Bureau’s office and posted on the Bureau’s website. Copies of all current rules will be made available to the public upon request.
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