§ 2-379. Procedures concerning violation of this Code.

Except as to allegations of violations of section 2-377 or criminal allegations in addition to any other rules of procedure adopted by the city council the following shall apply when the city council, or a person delegated by the city council, is the official body determining whether a violation of this Code has occurred.

(1)

a.

The hearing shall be conducted in a judicial or quasi-judicial forum. The allegations shall be presented on behalf of the city, by special counsel selected by the city council.

b.

The city shall have the burden of proof which shall be a preponderance of the evidence.

c.

In addition to the provisions of section 4.2.1 of the Charter and any rules of procedure adopted by the city council, the parties shall have the following rights:

1.

Present testimony.

2.

Produce evidence.

3.

Cross examine witnesses.

4.

Be represented by legal counsel.

5.

Raise any statutory privilege.

(2)

The officer against whom the allegations are raised shall receive a notice briefly stating the substance of the allegation and notice of all hearings pertaining thereto.

(3)

Matters referred to a disinterested third person for determination shall be heard in accordance with the Colorado Rules of Civil Procedure and the Uniform Arbitration Act C.R.S. § 13-22-201.

(Code 1981, § 2-59; Ord. No. 3088, § 2, 6-27-1994)