Agenda
Transcript
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[5:51]
Good evening everyone. At this time, I called to order the September 2nd, 2026 Committee of Administration, Finance, and Law, and public services, public hearing, and regular meeting. The time is 634,
[6:10]
and I'm quickly please call the roll.
[6:20]
Alderman Roy Centeno.
[6:24]
Alderman Edeer, Maldenado.
[6:27]
Alderman Luz, Ortiz Luna.
[6:31]
Alderman John McNamara.
[6:33]
Here.
[6:35]
Alderman Francisco Santiago.
[6:38]
Alderman Alperto Barrero.
[6:43]
Alderman Doddy Delurnea.
[6:46]
Excuse.
[6:49]
Alderman Jason Gibson.
[6:54]
Alderman Roy.
[6:54]
Robert Smedley,
[7:05]
also seated is Alder woman Wilma Barbosa,
[7:17]
seven members present.
[7:18]
You have a corn.
[7:19]
Thank you.
[7:20]
Thank you.
[7:22]
With a product, please read into the record the notice of the public hearing.
[7:27]
Alderman Santiago, make motion to waive the reading of the legal notice.
[7:31]
Motion to waive the reading of the public hearing, the also the park hand on a favor.
[7:45]
The public hearing has been fully noticed.
[7:50]
We'll now begin with the public hearing.
[7:56]
But as I was informed earlier,
[7:59]
there was no one has signed up.
[8:00]
No one is present.
[8:03]
Is there anybody just for the record?
[8:04]
Anybody on the phone?
[8:09]
Seeing no participation?
[8:15]
Anybody too speak?
[8:16]
On the agenda for the item for the agenda,
[8:20]
to the public hearing, second time anybody here to speak,
[8:25]
third time anybody here to speak.
[8:28]
So you know, the public hearing is closed at 637.
[8:37]
The item for the agenda is as follows.
[8:40]
At this time, we're going to begin into the regular meeting.
[8:45]
And the item for the public agenda is item number 37234.
[8:50]
Are there any speakers for this?
[8:56]
I'm sorry.
[9:02]
May I have a motion?
[9:04]
Did you hear?
[9:05]
All the minutes Santiago.
[9:06]
I'm making a motion to accept and refer to the full council.
[9:09]
I have a number 37234.
[9:12]
Would the neutral recommendation?
[9:14]
Thank you.
[9:15]
All the minutes Santiago, the motion to refer to the common council.
[9:33]
Thank you, Mr. Chairman. I believe our COO and Cook Council may be able to do an
[9:52]
and can answer our questions to the best of our ability.
[9:56]
I will try, so good evening everyone.
[10:00]
The changes here are being made to be consistent with 7-152C of the Connecticut General Statutes.
[10:09]
According to that section, the municipality has the authority to appoint hearing officers to hear appeals on any citations or violations of the code of ordinances.
[10:23]
For some reason, 1-17 calls for a committee versus a hearing officer.
[10:32]
So we are trying to change that to be more consistent with the state statute.
[10:38]
And we believe it's going to be more effective because you can appoint a number of hearing officers who would then hear
[10:45]
As a single officer, we'll hear a number of appeals and you can sort of split them up among the hearing officers, and it will, in our opinion, run a little bit more efficiently.
[10:59]
And that's currently how we do parking ticket appeals.
[11:04]
even though under section, well actually under 15-140 of the code of ordinances, it says parking
[11:13]
violation hearing appeals will be conducted by one of the hearing officers appointed by
[11:19]
one-to-17, even though 1117 doesn't say hearing officer, it says a committee. So again, we're
[11:26]
just trying to be consistent with that section of the ordinances as well.
[11:34]
And there's other
[11:34]
changes, I'm sorry that we're just made to sort of clarify.
[11:40]
Anywhere it was said hearing
[11:41]
committee, we changed to hearing officer, police men, I think was changed to police officer,
[11:48]
those types of changes.
[11:53]
Mr. Chairman?
[11:56]
Mr. Chairman?
[11:57]
So the operative word is committee.
[12:01]
He's being dropped.
[12:02]
Correct.
[12:04]
Because I looked at it off hand and said,
[12:06]
said the list in three to one or more,
[12:13]
which is one or more is vaguer,
[12:16]
or another way,
[12:17]
which gives a city flexibility.
[12:19]
Correct.
[12:20]
And these are for tickets and fines across various departments that aren't covered by parking or assessment of PEO or where we have practice.
[12:33]
We have governance structures in place to deal with those. So it's just about health,
[12:43]
So, it covers multiple departments.
[12:46]
Great.
[12:47]
So, it covers any citation for a violation of the ordinance.
[12:50]
So, any section where you can cite someone for violating an ordinance section.
[12:57]
This appeal process would apply to that section.
[13:01]
Has the committee process created a backlog of cases?
[13:05]
There is a backlog, for instance, on the parking ticket, so we have a hearing officer, and
[13:12]
there's a backlog there, because we only have one hearing officer.
[13:17]
With the committee, I mean you just have a number of other issues that come into play, like,
[13:21]
for instance, a quorum.
[13:23]
If you don't have a quorum, you can't go forward, and in particular we're going to be having
[13:28]
the automatic traffic safety devices, which are going to be coming up, and those are going
[13:35]
to be able to be appealed in accordance with this section, so we're anticipating that
[13:40]
you're going to have a number of appeals related to that, and it just makes more sense
[13:45]
to have a number of hearing officers, again, to split the load of appeals.
[13:51]
And just one more.
[13:51]
These are a John Q. citizens who volunteer their time.
[13:55]
Correct.
[13:55]
They aren't attorneys or there's no compensation involved.
[14:02]
There's no compensation involves.
[14:04]
They can't be attorneys.
[14:05]
The only thing they cannot be is a police officer,
[14:08]
or any employee or person who issued the citation.
[14:14]
Thank you.
[14:15]
You're welcome.
[14:18]
Thank you.
[14:21]
So you're saying that the police officer
[14:24]
or in an individual that did a citations.
[14:28]
So employee can be an officer, a city employee then, right?
[14:34]
Um, according to the statute, I believe it reads the same way.
[14:37]
I think it's an employee can not be the hearing officer if there are the ones that issue the
[14:42]
citations.
[14:43]
Right.
[14:43]
But can there be other employees that are in an office?
[14:47]
Correct.
[14:48]
That don't issue citations?
[14:50]
Yeah, it could possibly be yes.
[14:53]
Okay, and with the writing of one and more, so this basically is to say you go and you have...
[15:01]
You know what? I take that back because it says no hearing officer. I'm sorry, Audemn. No hearing officer shall be a police officer or employees or persons. No, it's employees or persons who issue the citation.
[15:15]
Employee that could be in the same office. That doesn't issue the citation.
[15:18]
That doesn't give the citation. I think it would be safer to have them not in the department.
[15:23]
and that issue of citation.
[15:24]
I would want to put that exact.
[15:26]
I would want to put that exact.
[15:26]
Any department that the citation was given,
[15:28]
yeah.
[15:29]
Correct.
[15:30]
Yep.
[15:31]
So I think maybe we want to, on it's just,
[15:32]
at least clarify that part of the,
[15:34]
Mm-hmm.
[15:36]
And we'll look at that part as a amendment.
[15:39]
Other thing was, this also says that you can have,
[15:42]
you can have one, if you want it to, right?
[15:46]
It says one more.
[15:47]
But basically just saying you could have just one.
[15:49]
Yeah, and again that's, I think,
[15:51]
That's coming from the state statute.
[15:55]
I could look it up for you if you want, but I think it was from the state statute.
[16:00]
Okay.
[16:01]
I could be wrong on that.
[16:02]
I have to take a look at the language.
[16:05]
But the idea is that we certainly, when you have the volume that you have,
[16:11]
with like the parking tickets, you want to have more officers hearing officers who can hear them,
[16:16]
so people aren't waiting that long.
[16:18]
That's the purpose of this, so basically you don't have to have a quorum, just as long as the processor is available.
[16:28]
No, my concern is just having one, and then you still have a backlog, right?
[16:33]
Because you have 200 and even more, if whatever it is.
[16:36]
So my concern was that just having one, if someone just decided, whatever the administration at the time, decided one person,
[16:44]
Now, it becomes an issue for, you know, that the officer, because now they would have to watch, you know, 200 or whatever.
[16:54]
So, my concern is that part. Obviously, I need to find language to correct that area, so that we could make sure that at least, you know, one person is overbearing by all these citations because we can't find a second one at the moment.
[17:07]
I think the thought is to have more than one, but you always try and when you're making these
[17:13]
changes, you try and make them a little broad so that you're not tying yourself in. So you
[17:18]
try and make it more broad. So if, you know, if for some reason we can't find more than one,
[17:26]
then we're not stuck. And we can at least appoint the one. But I understand what you're saying.
[17:33]
There's just my concern. It's just having we'll back to we'll be going back around and have the same issue again
[17:38]
Yeah, everything like that. So that's but I will be working on that part. But I would like to make a amendment to the resolution
[17:49]
Yep, all right
[17:50]
We're going to go under the section 117 dash a under where the cross so it wants more sanitation
[17:57]
I will go
[18:01]
The sentence after, the no such hearing officer shall be a police officer or employee or person who issue citation, I would want to add in the department that, so, employee, the persons of that apartment.
[18:18]
So, why don't we say, or employee a person who issue the citations or employees or persons employed by the department that issue the citation?
[18:28]
that's perfect. I make a motion to accept exactly what she says.
[18:33]
Let me remember what I just said though. Okay. So, or employees?
[18:39]
Knowing?
[18:40]
Or persons
[18:43]
employed by the department that issued the citation.
[18:51]
Does it have to be in the memo? Can we?
[18:54]
No, because it's already resolution. We have to amend it.
[18:57]
Thank you.
[18:59]
So the amendment is to, can you repeat that again?
[19:05]
So in the sentence, it's the 1, 2, 3, 4, 5, 6 line up.
[19:11]
It starts no such hearing officer shall be a police officer,
[19:16]
or employees or persons who issue citations,
[19:20]
or employees or persons employed by the department that issue,
[19:25]
issued the citation.
[19:27]
Does that make sense?
[19:29]
Or do you want to have it say departments that issue citations in general?
[19:35]
I would say departments that issue citations.
[19:37]
Okay.
[19:37]
It could be from any one of departments that offers.
[19:41]
So then it would say or employees or persons employed by departments that issue citations.
[19:49]
Correct.
[19:51]
So you need a second for that.
[19:53]
I'm sorry.
[19:56]
Do you mean the amendment?
[19:58]
The amendment?
[19:59]
The amendment?
[20:01]
Those such officers. So the current language is no such officer shall be a police officer. No such hearing officer shall be a police officer or employees or persons who issue citations and we're adding in this amendment. The language that says, or employees or persons employed by departments that issue citations.
[20:24]
And
[20:28]
you further question as amended on the amendment?
[20:33]
Any discussion on the amendment?
[20:38]
See a non-allum favor of the amendment?
[20:45]
Any nays on the amendment?
[20:47]
Do you know the motion passes to amend the resolution?
[20:54]
Any discussion as amended?
[20:55]
And he said, no, you're going to have to bend it.
[21:00]
All of you won't be able to do that.
[21:02]
Through you, Mr. Chairman.
[21:04]
So just to be clear, right now, if there is a backlog,
[21:11]
and so if there aren't three or at least if there aren't three in the committee,
[21:21]
what happens to those tickets?
[21:23]
So if you have a meeting scheduled, if you have, if it's a committee of three, you need at least two.
[21:29]
If you don't have two at the meeting, then you don't have a quorum and you can't proceed with that hearing.
[21:34]
So people are sitting around waiting to see what happens to their appeal.
[21:39]
Well, it has to be rescheduled because it can't be heard right.
[21:42]
So you have to postpone it until the next meeting.
[21:46]
And I totally agree, they should be more than one, however, with this amendment, it will allow for the officer to review these tickets even, or the appeals, with just one sitting officer at least, so that they're not just sitting there.
[22:06]
Correct. So it's going to be one hearing officer per case.
[22:10]
So, as long as that hearing officer is there, he's going to be able to hear those cases that are scheduled for that particular day.
[22:19]
Okay, thank you.
[22:20]
You're welcome.
[22:24]
All the women might do not.
[22:27]
So, I have a question.
[22:28]
So, let's say we appoint one person and that person is performing the job and is getting too much.
[22:35]
Okay, we hire someone else later on.
[22:38]
We have to say this one.
[22:41]
Okay, perfect.
[22:42]
Thank you.
[22:43]
You're welcome.
[22:44]
Just system clarification.
[22:46]
We don't hire.
[22:47]
The opponent, right?
[22:49]
You may.
[22:49]
No, not only are you going to point it.
[22:51]
This council does not.
[22:53]
The man does.
[22:54]
That's there.
[22:56]
So it's more like we don't have to stay with one person.
[22:59]
Correct.
[22:59]
Later on we can continue getting someone else, right?
[23:06]
All over the world.
[23:06]
And just to be clear, is there like a certain period that the officer will serve?
[23:17]
I think that, again, I think these officers serve similar to like the Board's
[23:22]
and commissions with the current Mayor's term, because we had hearing officers
[23:28]
that were with the previous administration, and I believe they were replaced when Mayor
[23:34]
Okay, that's perfect.
[23:36]
Thank you.
[23:38]
Any further?
[23:41]
No.
[23:42]
I just have one.
[23:43]
Is there a time of the hearings?
[23:49]
Do they have to be heard by a certain period of time?
[23:55]
Yes, I think it says that's in part C.
[24:00]
There's a certain time frame, which they have to appeal it.
[24:05]
And then, actually, D talks about the hearing officer, the time frames in which there has to be held.
[24:14]
They may request a hearing by mailings and attendees.
[24:18]
The hearing officer shall promptly schedule a hearing and give notice of the time and place.
[24:23]
Such hearing shall be held not less than 15 days, no more than 30 days from the date of the mailing of the notice.
[24:29]
Thank you.
[24:30]
And I apologize. I should have read further.
[24:32]
No, that's okay.
[24:32]
That's okay.
[24:34]
That's a read.
[24:37]
I do a happy question.
[24:39]
I'll go ahead.
[24:41]
Thank you, Chairman.
[24:44]
I just had a question, just going off of what you just mentioned.
[24:47]
So say if we don't have the staffing and it does get postponed.
[24:52]
Does that timeframe also postpone with that?
[24:56]
Yeah, that's a good question.
[24:57]
I mean, we don't want to run into that, right?
[24:58]
because we want to fall with...
[25:00]
Within that statutory time frame. So I think that's why it's even more important to do the hearing officers and to have a number of them so we can adequately handle these appeals.
[25:09]
I agree.
[25:13]
All of them.
[25:14]
It's not the idea.
[25:15]
Was there another issue was that some, my question was, we had a conversation about knowledge
[25:23]
of these citations might be.
[25:25]
Yeah, there have been issues with, particularly our ordinances on the ATVs or UTVs.
[25:32]
And so under state statute, if someone's caught driving a UTV, which is not legal to be driven
[25:38]
on a city road, if they're caught, there's two different actions.
[25:42]
that happen. Number one, they can get a ticket for the first
[25:45]
defense. I mean, I think there's different amounts for the first
[25:48]
defense, second offense. And the other thing is that
[25:51]
per state statute, the ATV can be confiscated and sold by the
[25:55]
city. And I think there was some confusion about hearing officers,
[26:01]
the hearing committee trying to return the ATV to the
[26:07]
individual, which is not really within their jurisdiction. What's
[26:12]
the ticket, the citation that was issued, so we just want to make sure that that's clear
[26:18]
moving forward because again, under state statute, we're allowed to confiscate that ATV and
[26:25]
sell it at auction, and that's not really something that's subject to the appeal process.
[26:31]
The appeal process is the ticket that was issued for driving it on city streets.
[26:36]
Now these, I'm using Mr. Chair, now these citations and this hearing officer, will they be trained
[26:45]
or will they be, because again, having a knowledge of these, you know, state statutes and some
[26:50]
of the things that I would think that it would be important for this individuals that would train
[26:55]
or have some kind of training on.
[26:59]
We hadn't talked about that, but obviously we're always available to offer assistance in that matter
[27:04]
And that regard, rather, you want them knowledgeable of what their jurisdiction is, what they're
[27:11]
able to do, what they're not able to do, so we can certainly try and help out with that.
[27:17]
Now, when they have these hearings, do you, I'm sorry, Mr. Chair, is it just to hear
[27:22]
enough of certain indecitation appeals or is there, there's typically a member of the Department
[27:29]
that issued the citation for instance like Blake, there's typically a member of the
[27:34]
and takes notes and for parking tickets,
[27:37]
there's, I believe there's someone from support services
[27:40]
that's there, so there's some support personnel there.
[27:44]
And also, one of the conclusions is if there's any questions
[27:48]
of like, hey, the occurring officer wants the police officer
[27:52]
present or some more information, they should be able to ask
[27:55]
for that prior to the hearing, and get that information.
[28:00]
And that's, you know, I have had conversations
[28:01]
with staff members, like if that's the concern,
[28:04]
Then we should know that ahead of time and we should ask, you know, you know, police officer or someone from police department to attend to be able to answer questions regarding that because you don't really want to be at the hearing and then say, hey, I have questions for the police department, but no one told the police department they had to be there.
[28:20]
Basically the same is here as the council, right? We wouldn't know if we should.
[28:22]
Correct. You started to give notice. Hey, I need some more information.
[28:26]
You need to be here to answer the question. So now, is that, because again, I'm sure that the officer doesn't get this information.
[28:34]
information, the citations to that day.
[28:36]
Correct.
[28:38]
Well, the officer doesn't really get notice of the hearing.
[28:41]
So it's really on the staff members to sort of let, you know, if the hearing officer is going to need someone there.
[28:48]
Like, similarly, like you guys do, your staff person is going to tell someone, hey, we need you here to answer questions.
[28:55]
So that's going to have to be explained to them as well.
[29:00]
Thank you.
[29:02]
And you further discussion, other questions?
[29:06]
Other women.
[29:07]
Last, last one.
[29:09]
And even if you don't person doesn't agree with the outcome
[29:12]
that the officer took, there is also another process.
[29:16]
Right?
[29:17]
They can go to Superior Court.
[29:19]
They can appeal it that way.
[29:20]
Yes.
[29:21]
Thank you.
[29:21]
You're welcome.
[29:24]
Any other questions for Mr. Court?
[29:27]
Thank you, Mr. Court.
[29:28]
Thank you.
[29:32]
See another discussion. The motion is to refer with a neutral recommendation back to the common council as amended. All in favor say aye. All opposed.
[29:46]
You guys have a motion to adjourn by also all in favor to adjourn.
[29:51]
time is good.
[29:56]
Anybody doesn't want to leave?
[30:00]
The eyes have it. We're adjourned at 6 p.m. P.M. Thank you.