§ 158-432. Presiding officer.

(a)

Except as otherwise provided, hearings will be conducted by a quorum of the council. The president, vice-president, or his delegate shall require an appropriate authority to administer oaths, and the council may examine witnesses and rule upon the admissibility of evidence and amendments to pleadings. The council shall have the authority to recess any hearing from day to day or from time to time, subject to the provisions of section 158-431.

(b)

The council may at any time appoint a referee, special master, administrative law judge, designated agent or hearing officer to conduct all or any portion of the hearing or hearings to be held in any matter or proceeding governed by this article. Such an appointment shall be by a motion or resolution charging the said referee, special master, administrative law judge, designated agent, or hearing officer with those powers, duties, and responsibilities which the council intends that he shall exercise. At the conclusion of the discharge of his duties, the officer shall report his findings to the council for their approval, rejection, or modification or supplementation, provided that no such modification or supplementation shall be made unless the matter be reopened in whole or in part before the entire council for the taking of new testimony or evidence; provided further that the council may at any time remand the matter to the officer for such further proceedings as the council may direct. The report of the officer shall include his recommended findings of fact unless such findings of fact are reserved for the council or its staff in the instrument of appointment. Any officer appointed under this section may be a councilmember or an employee or officer of the city or may be an independent contractor, as the council deems fit. Whenever any such officer is appointed he shall be the presiding officer at any hearing held within the scope of his charge; provided that any or all of the councilmembers may appear beside him with the right, at will, subject to such officer's moderation for the sake of decorum and order, to question witnesses, request data, or perform similar sanctions.

(c)

If a referee, special master, administrative law judge, designated agent or hearing officer dies, becomes disabled or withdraws or is removed from employment or from the case at any time before the conclusion of the discharge of his duties, the council may appoint another such officer who may perform any function remaining to be performed without the necessity of repeating any proceedings theretofore had in the case. If the entire council is acting as examiner, then the presence of a quorum shall be sufficient to continue hearings into purely factual matters.

(d)

An officer appointed under subsection (b) or (c) of this section shall transmit, together with the report of his findings, a record upon the basis of which the council shall make its decision relative to such officer's report. The appointed officer shall have full authority to make all rulings on jurisdiction or the admissibility of evidence subject to the right of all parties to include in the record any objection to such ruling, and subject to review by the council.

(Code 1956, § 52-124)