CC Minutes 03/24/2003 - Laserfiche WebLink

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City Commission Meeting March 24, 2003 Page 3 Staffrecommendation: Recommend approval bythe Commission of Ordinance 03-1079, Adult Entertainment Amendments, on second and final reading at the March 24, 2003 meeting. Public Participation: Steve Mason, 1643 Hillcrest Street, Orlando, FL, Representing Adult Entertainment interests spoke in opposition to Ordinance 03-1079, citing the following reasons: (a) Section 14-93(1)(A)(B)(C) and (D). There should be a separation of powers with regard to the appointment of the hearing officer; all power regarding hiring, firing and compensation of the heating officer is with the City Commission. Cited a California Supreme Court Case, May 6, 2002, (attached to these minutes) that was declared unconstitutional because the heating officer was in complete control (hire, fire, compensation) of the govermnent entity. He indicated that the City could contract with the Florida Department of Administrative Hearing Program for selection of heating officer; City would pay the State $100 per hour for services of heating officer. (b) Section 14-93(E) There should be criteria listed on selection process for heating officer, i.e. bid process, at random, Qualifications and background of hearing officers should also be spelled out, i.e. background in constitutional law, criminal law and administrative law. Mr. Mason opined that if the City Commission rejects the arguments that he presented and a court ultimately rules them reasonable or constitutional, the fact that he raised the argmnents to the City Commission would make his position look stronger and more tenable if not from the legal prospective, then from an equitable prospective. His objective was for the most fair and impartial hearing process for all parties. City Attorney response to Mr. Mason's: The City has utilized a standard format in the ordinance and if would not be prudent for the Commission to specifically set out rules that would tie the their hands with regard to the hearing officer process. The Commission needs latitude in the appointment process because it is giving all its authority to the heating officer. Common sense is written into the ordinance and the City Commission would use this standard to look at the credentials and expertise of attorneys that have experience in the area. With reference to the Supreme Court case cited by Mr. Mason, the City's legal counsel reviewed all case law before Ordinance 03-1079 was drafted and as Mr. Mason indicated, the case did not set a precedent. With regard to suggestion regarding the utilization of the Department of Administrative Hearings, the City is not an agency under Chapter 120 and is not bound by the administrative procedures. The City Attorney advised