91-1920 � .� �, .,��t--,�'c-�.�-�e.J
�����.7:' . � ``�Council File # �— ����
� �,_.-�!
ordinance #` /7���
Green Sheet #� �(c7��
ORDINANCE �
TY OF SAINT PAUL, MINNESOTA �
. , � _�
Presented By �Z�%L�GI
Refe Committee: Date
1
2
3 An ordinance creating Chapter 94 of the Saint Paul
4 Administrative Code to provide for a process of
5 suspension or debarment of persons from contracting
6 with the City of Saint Paul because of specific
7 infractions and a procedure for bringing complaints
8 regarding infractions and administering their
9 resolution; said Chapter to be entitled "Debarment or
10 Suspension of Contractors" .
11
12 THE COUNCIL OF THE CITY OF SAINT PAUL DOES ORDAIN:
13
14 Section 1
15
16 Section 94.oi. Policy.
17
18 (a) In order to protect the public interest, it is the
19 policy of the City of Saint Paul to conduct business only with
20 responsible persons. Debarment and suspension are discretionary
21 actions that, taken in accordance with this chapter are
22 appropriate means to implement this policy. The City shall not
23 solicit proposals from, award agreements to, or approve or
24 consent to sub-agreements with organizations and individuals that
25 are suspended, proposed for debarment, debarred, ineligible, or
26 voluntarily excluded.
27
28 (b) Debarment and suspension are serious actions which
29 shall be used only in the public interest and for the City's
30 protection and not for purposes of punishment. The City may
31 impose debarment or suspension for the causes and in accordance
32 with the procedures set forth in these regulations.
33
34 (c) The existence of a cause for debarment or suspension,
35 however, does not necessarily require that the contractor be
36 debarred; the seriousness of the contractor's acts or omissions
37 and any mitigating factors should be considered in making any
38 debarment decision.
39
40 8ection 94.02. Definitions.
41
42 For the purposes of this chapter, the following words and
43 phrases shall have the meanings set forth in this section, except
44 where the context clearly indicates that a different meaning is
45 intended:
46
47 Affiliate. Persons are affiliates of each other if, directly or
48 indirectly, either one controls or has the power to control the
� ����� � � � �/-/���
� o�her, or a third person controls or has the power to control �
2 both. Evidence of control include, but are not limited to: / ��'
3 interlocking management or ownership, identity of interests among
4 family members, shared facilities and equipment, common use of
5 employees, or a business entity organized following the
6 suspension or debarment of a person which has the same or similar
7 management, ownership, or principal employees as the suspended or
8 debarred person.
9
10 Debarment. An action taken by debarring officials in
11 accordance with this chapter to exclude a person from
12 participating in covered transactions. A person so excluded is
13 "debarred. "
14
15 Debarring officials. Officials authorized to impose debarment. The
16 debarring officials are either:
17
18 (a) The Debarment Review Committee, or
19
20 (b) The Saint Paul Human Rights Commission as provided for
21 in Chapter 183 of the Saint Paul Legislative Code.
22
23 Notice. A written communication served in person or sent by
24 certified mail, return receipt requested, or its equivalent, to
25 the last known address of a party, its identified counsel, its
26 aqent for service of process, or any partner, officer, director,
27 owner or joint venturer of the party. Notice, if undeliverable,
28 shall be considered to have been received by the addressee five
29 days after being properly sent to the last address known by the
30 city.
31
32 Participani. Any person who submits a proposal for, enters into,
33 or reasonably may be expected to enter into a covered
34 transaction. This term also includes any person who acts on
35 behalf of or is authorized to commit a participant in a covered
36 transaction as an agent or representative of another participant.
37
38 Person. Any individual, corporation, partnership,
39 association, unit of government or legal entity, however
40 organized, except foreign governments or foreign governmental
41 entities, public international organizations, foreign government
42 owned or controlled entities, and entities consisting wholly or
43 partially of foreign governments or foreign government entities.
44
45 Preponderance of evidence. Proof by information or testimony that,
46 compared with that opposing it, leads to the conclusion that the
47 fact at issue is more probably true than not.
48
49 Princlpal. Officer, director, owner, partner, key employee, or
50 other person within a participant with primary management or
51 supervisory responsibilities; or a person who has a critical
52 influence on or substantive control over a covered transaction,
53 whether or not employed by the participant.
54
55 Proposal. A solicited or unsolicited bid, application,
56 request, invitation to consider or similar coYnmunication by or on
57 behalf of a person seeking to participate or to receive a benefit
58 directly or indirectly, in or under a covered transaction.
59
2
C7��I�I�IA� �y/-/�a�
1 � Respondeni A person against whom a debarment or suspension
2 action has been initiated. �7y� �
3
4 Suspenslon. An action taken in accordance with these
5 regulations that immediately excludes a person from participating
6 in covered transactions for a temporary period, pending
7 completion of an investigation and such legal or debarment
8 proceedings as may ensue. A person so excluded is "suspended. "
9
10 Bection 9�.03. Appliaabilitp.
11
12 (a) This Chapter apply to all persons who have
13 participated, are currently participating or may reasonably be
14 expected to participate in "covered transactions. "
15
16 "Covered transactions" shall mean and include any
17 contract under City procurement programs to which the
18 City is a party for the performance of construction,
19 repair, or the furnishing of goods and shall further
20 include those contracts for professional services and
21 labor. "Covered transactions" shall also include those
22 transactions specifically designated by the U.S.
23 Department of Housing and Urban Development in such
24 agency's regulations governing debarment and suspension
25 and as administered or monitored by the Department of
26 Planning and Economic Development and other
27 construction projects not handled through a city
28 procurement program but which are financed or
29 economically supported in whole or in part by city
30 funds or property.
31
32 Section 94.04. Effect of Action.
33
34 (a) Except to the extent prohibited by law, persons who are
35 debarred or suspended shall be excluded from covered transactions
36 as either participants or principals throughout the operations of
37 the City of Saint Paul for the period of their debarment or
38 suspension. Accordingly, no employee or agent of the City shall
39 enter into covered transactions with such debarred or suspended
40 persons during such period, except as permitted pursuant to
41 94. 03 (b) .
42
43 (b) Notwithstanding the debarment or suspension of any
44 person, the City and participants may continue covered
45 transactions in existence at the time the person was debarred or
46 suspended. A decision as to the type of termination action, if
47 any, to be taken should be made only after thorough review to
48 ensure the propriety of the proposed action.
49
50 (c) The City shall not enter into or renew or extend
51 covered transactions with any person or affiliate who is debarred
52 or suspended. Extensions shall include change orders to contracts
53 already in effect unless specific written authorization for the
54 change order has been issued by Debarment Review Committee.
SS
3
��I�'►������ �-y/-��a a
2 (d) No affiliate, participant, person, principal or /�/`°��
3 respondent who has been debarred or suspended in accordance with
4 this chapter may contract nor receive the benefits from any
5 contract where the City is a funding source for the contract
6 through an intermediary so long as the period of debarment or
7 suspension is in effect. The Purchasing Systems Manager shall
8 cause language to be inserted in the bids or contract forms to
9 reflect this provision.
10
11 (e) No affiliate, participant, person, principal or
12 respondent shall be awarded any contract if, after being debarred
13 or suspended and within six months thereafter, it reconstitutes
14 or reforms itself in such a way as to avoid the effect of
15 debarment or suspension. Such a determination will be made by
16 the Purchasing Systems Manger applying the standards set forth
17 concerning evidence of control as set forth in the definition of
18 affiliate.
19
20 Section 94.05. Causes for Debarment.
21
22 (a) Debarment or suspension may be imposed upon any person
23 or participant in accordance with the provisions of this Chapter
24 for:
25
26 1) Conviction of or civil judgement for the commission of
27 fraud or a criminal offense in connection with obtaining,
28 attempting to obtain or performing a public or private agreement
29 or transaction; violation of Federal or State antitrust statutes,
30 including those proscribing price fixing between competitors,
31 allocation of customers between competitors, and bid rigging;
32 commission of embezzlement, theft, forgery, bribery,
33 falsification or destruction of records, making false statements,
34 receiving stolen property, making false claims, or obstruction of
35 justice; a violation of Minnesota consumer protection statutes,
36 or commission of any other offense indicating a lack of business
37 integrity or business honesty that seriously and directly affects
38 the present responsibility of a person.
39
40 2) Material violation of the terms of a public agreement or
41 transaction, such as: A willful failure to perform in accordance
42 with the terms of one or more public agreements or transactions;
43 a history of failure to perform or of unsatisfactory performance
44 of one or more public agreements or transactions; or, a willful
45 violation of a statutory or regulatory provision or requirement
46 applicable to a public agreement or transaction.
47
48 3) Any of the following causes: a procurement or non-
49 procurement debarment by any Federal or State agency; knowingly
50 doing business with a debarred or suspended excluded person in
51 connection with a covered transaction; except as permitted in
52 94.03 (b) ; violation of a material provision of a voluntary
53 exclusion agreement entered into or of any settlement of a
54 debarment or suspension action; or
55
56 4) Any other cause so serious or compelling that it affects
57 the present responsibility of a person.
58
4
������'�r��. �y� �q�z o
• 1 ' 5) These causes include but are not limited to: violation /7y�(�
2 of Federal, State, or local laws regarding civil rights,
3 affirmative action, or equal employment opportunity; violation of
4 any law, regulation, or agreement relating to conflict of
5 interest; violation of any nondiscrimination provisions included
6 in any agreement or contract.
7
8 6) Suspension may be applied for any of the causes
9 identified in 94.05 when immediate action is necessary to protect
10 the public interest.
11
12 Section 94.06. Debarment Process.
13
14 (a) The Purchasing Division shall have responsibility for
15 coordinating any debarment proceedings for the City and shall be
16 responsible for receiving all requests for debarment,
17 administering the proceedings, maintaining the official records,
18 and maintaining and disseminating lists of debarred persons or
19 organizations.
20
21 (b) Information concerning the existence of a cause for
22 debarment from city staff or a private complainant shall be
23 promptly investigated and the results referred to the Purchasing
24 Systems Manager. If the Purchasing Systems Manager determines
25 that no cause exists to commence the debarment proceedings, the
26 manager shall issue a summary written statement as to the
27 essentials of the complaint with a brief explanation as to the
28 reasons for not proceeding with debarment.
29
30 (c) If the Purchasing Systems Manager determines that just
31 cause exists to commence debarment proceedings, the Manager shall
32 issue a notice of the proposed debarment proceedings to the party
33 or participant having a covered transaction with the City. The
34 notice shall advise the party or participant of the following:
35
36 1) That debarment is being considered;
37
38 2) The reasons or causes for the proposed action
39 in terms sufficient to put the person or
40 participant on notice of the conduct or
41 transaction(s) upon which it is based;
42
43 3) The potential effect of the proposed action;
44
45 4) That the person or participant is entitled to
46 be heard and to submit information relevant
47 to the transaction(s) involved for
48 consideration;
49
50 5) The timeline and process for submitting
51 materials and completing the review process.
52
53 (d) Within fifteen (15) working days of receipt of a notice
54 of proposed debarment any person or participant, including any
55 affiliate thereof, desiring a hearing shall file a written
56 request for a hearing with the Purchasing Systems Manager. If no
57 request is filed within the time limit, the proposed decision to
58 debar shall be final.
59
5
�I�r����' � ;� ��� i�z�
� 1 '�� Upon receipt of a written request from a person or
2 participant, the Purchasing Systems Manager shall arrange a /7110��'
3 hearing before the Debarment Review Committee as soon as
4 possible, but no later than thirty (30) days after receipt.
5
6 (f) The Debarment Review Committee shall consist of the
7 Director of Finance and Management Services Department, the
8 Director of the Human Rights Department and the Building
9 Official. Any two shall constitute a quorum.
10
11 (g) After the person or participant has been afforded an
12 opportunity to meet adverse testimony or evidence by cross-
13 examination and rebuttal evidence and to be heard otherwise, the
14 Committee shall make a written determination on the evidence
15 presented, including, where appropriate, any evidence of
16 mitigating circumstances. If it is proposed that the sanction
17 include an affiliate, the Committee shall indicate whether and to
18 what extent the determination applies to the affiliate. The
19 Committee's determination shall be transmitted to all affected
20 parties by certified mail, return receipt requested.
21
22 (h) The cause for debarment must be established by a
23 preponderance of the evidence. If the debarment is based upon a
24 criminal conviction, a civil judgment arising out of its normal
25 business affairs; or debarment by a Federal or State agency, the
26 standard shall be deemed to have been met.
27
28 (i) The City has the burden of proving cause for debarment.
29 The person or participant has the burden of proof for
30 establishing mitigating circumstances.
31
32 (j) Each determination of the Committee shall become a part
33 of the record. If the decision is not to impose debarment, the
34 person or participant shall be given prompt notice of that
35 decision. A decision not to impose debarment shall be without
36 prejudice to a subsequent imposition of debarment. If the
37 decision is to debar, a final notice shall be issued to the
38 respondent containing the following information:
39
40 1) a reference to the notice of the action and
41 any hearing or fact finding conference;
42
43 2) the specific reasons for the action;
44
45 3) the period of debarment, including effective
46 dates; and
47
48 4) a listing of transactions covered by the
49 debarment.
50
51 Section 94.07. Process for Appeal.
52
53 Any person or participant adversely affected by a decision
54 of the Committee may, within fifteen (15) days from the date
55 thereof, appeal the decision to the City Council by filing a
56 notice with the City Clerk. The City Clerk shall assign a date
57 for a hearing on the appeal which shall be heard no later than
58 fifteen (15) days thereafter. Notice thereof shall be mailed by
6
���I�i���o� ��q/-/��o
1 the Purchasing Systems Manager to the person or participant �
2 initiating the appeal. /7�'Jo��P
3 . �
4 The Council shall consider the evidence contained in the ��� �
5 minutes, findings and conclusions of the Committee and shall not
6 consider any factual testimony not previously submitted and
7 considered. After receipt of the Committee's minutes, findings
8 and conclusions, the Council shall provide the person or
9 participant an opportunity to present oral or written arguments
10 alleging error on the part of the Committee in the application of
11 the law or interpretation of the facts, and to present argument
12 related to the Committee's decision. Upon conclusion of that
13 hearing and after consideration of the Committee�s minutes,
14 findings and conclusions together with such additional arguments
15 presented at the hearing, the Council shall determine what, if
16 any, adverse action shall be taken which, which action shall be
17 by resolution. The Council may modify or reject the decision of
18 the Committee upon a finding of error, but otherwise shall accept
19 the decision as rendered.
20
21 Section 94.08. Debarment Period.
22
23 (a) Debarment shall be for a period commensurate with the
24 seriousness of the cause(s) . A debarment shall not exceed three
25 (3) years. If a suspension precedes a debarment, the suspension
26 period shall be considered in determining the debarment period.
27
28 (b) All suspensions shall be for a temporary period pending
29 the completion of an investigation and such legal or debarment
30 proceedings as may ensue. A suspension shall become effective
31 immediately upon issuance of the notice specified in 94.06(c) .
32
33 (c) The Debarment Review Committee may renew an existing
34 debarment for an additional period if the committee determines
35 that an extension is necessary to protect the public interest.
36 However, a debarment may not be extended solely on the basis of
37 the facts and circumstances upon which the initial debarment
38 action was based. If debarment for an additional period is
39 determined to be necessary, the procedures of 94.06 shall be
40 followed to extend the debarment.
41
42 (d) A person or participant may request the Committee to
43 reverse the debarment decision or to reduce the period or scope
44 of debarment. Such a request shall be in writing and supported
45 by documentation and shall not be submitted earlier than six
46 months after the final decision to debar. In no event may more
47 than one such request be submitted within any 12-month period.
48
49 The Committee may grant such a request for reasons including, but
50 not limited to:
51
52 1) newly discovered material evidence;
53
54 2) reversal of the conviction or civil judgment upon which
55 the debarment was based;
56
57 3) bona fide change in ownership or management;
58
�
. �►i����� �. �"y�i9�a
4� elimination of other causes for which the debarment was �a�p
2 imposed; or �� �
3
4 5) other reasons the Review Committee deems appropriate.
5
6 8sation 94.09. Human Riqhts violations.
7
8 (a) Whenever the Purchasing Systems Manager shall receive a
9 request for a debarment based on violation of Chapter 183 of the
10 Saint Paul Legislative Code or other Federal or State civil
11 rights, affirmative action, or equal employment law, the request
12 shall be forwarded to the Director of the Human Rights Office.
13
14 (b) Any debarment referred to the Director shall be handled
15 in accordance with Chapter 183 of the Saint Paul Legislative
16 Code.
17
18 (c) If the Human Rights Director initiates a debarment
19 process, whether as a result of a direct request, or as a result
20 of a referral from the Purchasing Systems Manager, the Director
21 shall notify the Debarment Review Committee of the outcome of the
22 process and transmit copies of any written decisions.
23
24 Bection 94.10. Debarment Records.
25
26 (a) All documents and other data assembled pursuant to this
27 chapter shall be handled and retained by the Purchasing Division
28 in accordance with applicable local and state data retention
29 policies.
30
31 8ection 94.11. Business Licensinq.
32
33 (A) Whenever a debarment action is completed against a
34 participant who is also a holder of a business license from the
35 City, the Purchasing Systems Manager shall transmit a copy of the
36 written debarment decision along with copies of the materials
37 assembled during the debarment process to the City License
38 Inspector. Within ten (10) working days of receipt of the
39 decision and the materials, the License Inspector shall determine
40 whether to commence an Adverse License Hearing. Any such Adverse
41 hearing initiated shall be handled in accordance with Chapter
42 310. 05 of the Saint Paul Legislative Code.
43
44 (B) Any adverse action taken by the City concerning the
45 license of any person based on a breach of contractual
46 responsibilities shall be referred to the Purchasing Systems
47 Manager for a determination as to whether debarment proceedings
48 hereunder should be commenced.
49
50 Section 2
51
52 That this ordinance shall take effect and be in force thirty
53 (30) days after its passage, approval and publication.
54
55
56
57
58
59
s
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Adopted by Council: Date �,;`3� � � ,�QZ Form Approved by City Attorney
Adoption Cer ' i � by Co ic'l .S�ec etary By. : � �,
_ l� ) �
By' " � � %�+ �- } Approved by Mayor for Submi sion to
Approved by M r: Date �U� 1 ���2 Council
B .l0 4�G,�'�1�� By:
Y�
�tiS�ED JUN � '9?
� � RECE�v�� �
/-/��
��? CITY OF SAINT PAUL MAR 12 1992
'�s►'��" ClTY CLERK
� OFFICE OF THE CITY COUNCIL
Members:
Paula Maccabee, Chair
PAULA MACCABEE Bob �ong
Karl Neid
Councilmember
HUMAN SERVICES, HEALTH AND BUSINESS REGULATION COMMITTEE REPORT
MEETING OF MARCH 12, 1992
1. Approval of minutes of ineeting held February 27, 1992.
LAID OVER TWO WEEKS TO MARCH 26, 1992.
2. Resolution 90-1189 - Civic Center parking reimbursement for members of
citizen committees not receiving a per diem.
LAID OVER TWO WEEKS TO MARCH 26, 1992.
��
a�a=���i 3. Ordinance 91-1920 - Debarment or suspension of contractors due to
infraction.
COMMITTEE RECOMMENDS APPROVAL WITH AMENDMENT.
ADOPTED YEAS - 3 NAYS - 0
�'�,�ti.,�4. Ordinance 91-513 - Immediate family member liquor license partnership.
COMMITTEE RECOMMENDS APPROVAL OF SUBSTITUTE ORDINANCE. .
ADOPTED YEAS - 3 NAYS - 0 .
5. Ordinance 91-1835 - Taking adverse action against individual licenses.
COMMITTEE RECOMMENDS APPROVAL OF SUBSTITUTE ORDINANCE.
ADOPTED YEAS - 3 NAYS - 0
� 6. Ordinance (Green Sheet 16392) - Pawnshop license requirements.
' COMMITTEE RECOMMENDS APPROVAL WITH AMENDMENT.
ADOPTED YEAS - 3 NAYS - 0
? 7. Resolution - Authorizing development of Stolen Property Restitution Fund to
recover stolen goods from pawnshops.
COMMITTEE RECOMMENDS APPROYAL.
ADOPTED YEAS - 3 NAYS - 0
8. Ordinance 91-1028 - Prohibition of certain conduct on licensed premises.
Chair recommends withdrawal .
COMMITTEE RECOMMENDS ITEM BE WITHDRAWN. . '
ADOPTED YEAS - 3 NAYS - 0
9. Ordinance 91-1029 - Prohibition of certain conduct on licensed premises.
Chair recommends withdrawal . .
COMMITTEE RECOMMENDS ITEM BE WITHDRAWN.
ADOPTED YEAS - 3 NAYS - 0
? 10. Ordinance - Amending Section 409.22(n) of the Legislative Code relating to .
� the use of net proceeds from charitable gambling.
COMMITTEE RECOMMENDS APPROVAL WITH AMENDMENT.
C1TY HALL SEVENTH FLOOR SAINT PAUL, MINNESOTA 55102 6]2/298-5378
s�as
Printed oa Rerycled Paper
. . �i- ,�'�'v
OFFICE OF THE CITY ATTORNEY
IANE A.MC PEAI� CITYATTORNEY
CITY OF SAINT PAUL 800 Landmark Towers Telephone
lames Scheibel,Mayo► 345 St Peter Street Civi�29s6-5121
Sant Paul,Minnesota 55102 Criminal.•298-4271
Facsimile:612-298-5619
�
April 27, 1992
Councilmember Paula Maccabee
7th Floor City Hall
Re: Debarment Ordinance
Dear Councilmember Maccabee:
At the committee discussion held April 23, 1992 regarding the
above-captioned subject, please find enclosed the ordinance in
final form. The final form includes three further amendments
decided by the committee and they are:
1) An amendment to Sec. 94 .05 (a) (1) by adding the phrase "a
violation of Minnesota consumer protection statutes" therein;
2) An amendment to Sec. 94.06 (b) to add the phrase "or a private
complainant" after the phrase 'city staff' ;
3) An amendment to Sec. 94.11 by adding a new paragraph (B) which
will open the lines of communication from the License
Inspector to the Purchasing Systems Manager so as to keep the
Manager apprised of the possible need of debarment proceedings
based on adverse license determinations.
I hope that the ordinance is now in final form but if you wish
anything further done to it, please do not hesitate to contact me.
Yours truly,
1"
-,��'
PAUL F. MCC OSKEY
Assistant city Attor ey �ECE�vE�
Enc. �r p�� 0 5 �g92
cc: Councilmember Bob Long �,�1`( c���'��
Councilmember Karl Neid
Linda Camp
Roxanne Wilder
���� , n /�
�—_..,
, � . ' , �� Council File # 1`�I' "j'���
�__.
� Ordinance #
Green Sheet # ���
ORDINANCE
C OF SAINT PAUL, MINNESOTA
� �
,,
s
�.
Presented By
/' Referred To a Committee: Date /Q - /Q --�/
An ordinance creating Chapter 94 of the Saint Paul
Administrative Code to provide for ;� process of
suspension or debarment of persons� from contracting
with the City of Saint Paul because of specific
infractions and a procedure for,bringing complaints
regarding infractions and admi�iistering their
resolution; said Chapter to be entitled "Debarment or
Suspension of Contractors".
THE COUNCIL OF THE CITY OF SAIN'�� PAUL DOES ORDAIN:
SeCtion 1
Section 94. 01. Policy. ;
(a) In order to protect the public interest, it is the
policy of the City of Sair�t Paul to conduct business only with
responsible persons. Dek��rment and suspension are discretionary
actions that, taken in a�cordance with this chapter are
appropriate means to im�lement this policy. The City shall not
solicit proposals from award agreements to, or approve or
consent to sub-agreem�nts with organizations and individuals that
are suspended, propos�ed for debarment, debarred, ineligible, or
voluntarily exclude .
(b) Debarmen and suspension are serious actions which
shall be used only in the public interest and for the City's
protection and no for purposes of punishment. The City may
impose debarment r suspension for the causes and in accordance
with the procedu es set forth in these regulations.
(c) The e istence of a cause for debarment or suspension,
however, does not necessarily require that the contractor be
debarred; the seriousness of the contractor's acts or omissions
and any mitigating factors should be considered in making any
debarment decision.
Section 94.02 . Definitions.
For the purposes of this chapter, the following words and
phrases shall have the meanings set forth in this section, except
where the context clearly indicates that a different meaning is
intended:
Affiliate. Persons are affiliates of each other if, directly or
indirectly, either one controls or has the power to control the
other, or a third person controls or has the power to control
both. Evidence of control include, but are not limited to:
�.1������� �� •1���1
• 2
interlocking management or ownership, identity of interests among
family members, shared facilities and equipment, common use of
employees, or a business entity organized following the
suspension or debarment of a person which has the same or similar
management, ownership, or principal employees as the suspended,
debarred, ineligible, or voluntarily excluded,person.
Debarment. An action taken by debarring ,official(s) in
accordance with these regulations to exclude a person from
participating in covered transactions. A person so excluded is
"debarred. "
Debarring officlals. Officials authorized to impose debarment. The
debarring officials are either:
(a) The Suspension and Debarment Review Committee, or
(b) The Saint Paul Human Rights Commission as provided for
in Chapter 183 of the Saint Paul Legislative Code.
ineligible. The status of being excluded from participation in
City procurement and non-procurement programs pursuant to a
determination of ineligibility under statutory, executive order,
or regulatory authority. A person is ineligible where the
determination of ineligibility affects such person's eligibility
to participate in more than one covered transaction.
Notice. A written communication served in person or sent by
certified mail, return receipt requested, or its equivalent, to
the last known address o� a party, its identified counsel, its
agent for service of prqcess, or any partner, officer, director,
owner or joint venturer; of the party. Notice, if undeliverable,
shall be considered to �have been received by the addressee five
days after being prope#ly sent to the last address known by the
City.
Participant Any pers n who submits a proposal for, enters into,
or reasonably may be expected to enter into a covered
transaction. This t rm also includes any person who acts on
behalf of or is autriorized to commit a participant in a covered
transaction as an agent or representative of another participant.
Person. Any individual, corporation, partnership,
association, unit of government or legal entity, however
organized, except foreign governments or foreign governmental
entities, public international organizations, foreign government
owned or controlled entities, and entities consisting wholly or
partially of foreign governments or foreign government entities.
Preponderance of evidence. Proof by information or testimony that,
compared with that opposing it, leads to the conclusion that the
fact at issue is more probably true than not.
Principal. Officer, director, owner, partner, key employee, or
other person within a participant with primary management or
supervisory responsibilities; or a person who has a critical
influence on or substantive control over a covered transaction,
whether or not employed by the participant.
���ICC�r► � , �� - ��►�
. , 3
ProposaL A solicited or unsolicited bid, application,
request, invitation to consider or similar communication by or on
behalf of a person seeking to participate or to receive a benefit
directly or indirectly, in or under a covered transaction.
Respondeni A person against whom a debarment or suspension
action has been initiated.
Suspending officla/s. Officials authorized to impose suspension.
The suspending officials are either:
(a) The Suspension and Debarment Review Committee, or
(b) The Saint Paul Human Rights Commission as provided for
in Chapter 183 of the Saint Paul Legislative Code.
Suspens/on. An action taken by suspending officials in
accordance with these regulations that immediately excludes a
person from participating in covered transactions for a temporary
period, pending completion of an investigation and such legal or
debarment proceedings as may ens�e. A person so excluded is
"suspended. °
Vo/untary exclusion or voluntarlly excludsd. A status of nonparticipation or
limited participation in cove�ed transactions assumed by a person
pursuant to the terms of a scttlement.
Section 94.03. Applicabili,ty.
(a) These regulatio s apply to all persons who have
participated, are curren y participating or may reasonably be
expected to participate n transactions under City procurement
and non-procurement pro rams. For purposes of these regulations,
such transactions will e referred to as "covered transactions. "
1
Except as noted i paragraph (b) of this section, covered
transactions shall in lude but not be limited to: grants,
cooperative agreement , scholarships, fellowships, contracts,
contracts of assista ce, loans, loan guarantees, subsidies,
insurance, payments or specified use, donation agreements, and
any other procureme or non-procurement transaction between the
City and a person. rCovered transactions also include those
transactions specif�cally designated by the U.S. Department of
Housing and Urban Development in such agency's regulations
governing debarment and suspension.
(b) Exceptions. The following transactions are not
covered:
1) Statutory entitlement or mandatory awards;
2) Benefits to an individual as a personal entitlement
without regard to the individual's present
responsibility (benefits received in an individual's
business capacity are not excepted) ;
3) City employment;
,,
���C�IWl� � � a�- ����
4
4) Transactions pursuant to national or City-recognized
emergencies or disasters;
5) Incidental benefits derived from ordinary governmental
operations; and
6) Other transactions where the application of these
regulations would be prohibited by law.
Section 94.04. Effect of Action.
(a) Except to the extent prohibited by law, persons who are
debarred or suspended shall be excluded from covered transactions
as either participants or principals throughout the operations of
the City of Saint Paul for the period af their debarment or
suspension. Accordingly, no employee or agent of the City shall
enter into covered transactions with such debarred or suspended
persons during such period, except as permitted pursuant to
94.03 (b) .
(b) Notwithstanding the debarment, suspension,
determination of ineligibility, or voluntary exclusion of any
person, the City and participants may continue covered
transactions in existence at the time the person was debarred,
suspended, declared ineligible, or voluntarily excluded. A
decision as to the type of termination action, if any, to be
taken should be made only after thorough review to ensure the
propriety of the proposed action.
(c) The City shall not enter into or renew or extend
covered transactions wit�1 any person who is debarred, suspended,
ineligible, or voluntar�,�1y excluded. Extensions shall include
change orders to contra ts already in effect unless specific
written authorization or the change order has been issued by the
Suspension and Debarm t Review Committee.
Section 94.05. Caus s for Debanaent or Suspension.
(a) Debarment r suspension may be imposed upon any person
or participant in a�cordance with the provisions of this Chapter
for: !
1) Convictior� of or civil judgement for the commission of
fraud or a criminal offense in connection with obtaining,
attempting to obtain or performing a public or private agreement
or transaction; violation of Federal or State antitrust statutes,
including those proscribing price fixing between competitors,
allocation of customers between competitors, and bid rigging;
commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements,
receiving stolen property, making false claims, or obstruction of
justice; or, commission of any other offense indicating a lack of
business integrity or business honesty that seriously and
directly affects the present responsibility of a person.
2) Material violation of the terms of a public agreement or
transaction, such as: A willful failure to perform in accordance
with the terms of one or more public agreements or transactions;
a history of failure to perform or of unsatisfactory performance
' �-�>;��,�1�������'� �: � � � � . �� raa�
�-- 5
of one or more public agreements or transactions; or, a willful
violation of a statutory or regulatory provision or requirement
applicable to a public agreement or transaction.
3) Any of the following causes: a procurement or non-
procurement debarment by any Federal or State agency; knowingly
doing business with a debarred, suspended, ineligible, or
voluntarily excluded person in connection with a covered
transaction except as permitted in 94 . 03 (b) ; violation of a
material provision of a voluntary exclusion agreement entered
into or of any settlement of a debarment or suspension action; or
4) Any other cause so serious or compelling that it affects
the present responsibility of a person.
5) These causes include but are-� not limited to: violation
of Federal, State, or local laws reg�rding civil rights,
affirmative action, or equal employment opportunity; violation of
any law, regulation, or agreement �elating to conflict of
interest; violation of any nondis�rimination provisions included
in any agreement or contract.
6) Suspension may be app�ied for any of the causes
identified in 94 . 05 when immec�iate action is necessary to protect
the public interest. j
Section 94 . 06. Debarment o�'/ Suspension Process.
!
(a) The Purchasing D�'vision shall have responsibility for
coordinating any suspensi or debarment proceedings for the City
and shall be responsible or receiving all requests for debarment
or suspension, administe ing the proceedings, maintaining the
official records, and ma ntaining and disseminating lists of
debarred persons or org nizations.
(b) Information oncerning the existence of a cause for
debarment or suspensio from any source shall be promptly
investigated, and ref red, when appropriate, to the Purchasing
Systems Manager. Wit in fifteen (15) working days of receipt of
a request for debarme t or suspension, the Purchasing Systems
Manager shall conven the Suspension and Debarment Review
Committee, who shall make a debarment determination.
(c) The Suspe sion and Debarment Review Committee shall
consist of the Purc,Y�iasing Systems Manager, the Chief Accountant
and the Director of the City's Human Rights Department. The
Committee shall have the ability to consult with technical
experts where it will assist in evaluating the merits of the
claim.
(d) The Committee shall be responsible for reviewing
information submitted and gathering such additional information
that will permit a full and fair review of the claim. The review
process shall include providing an opportunity for affected
parties to be heard and to present information relevant to the
claim.
(e) Whenever the Suspension and Debarment Review Committee
determines that the proposed debarment or suspension appears to
��.����M�l�lf. � � . �r=����v
6
have merit, the Purchasing Systems Manager shall issue a notice
of the proposed debarment. The notice shall advise the
respondent of the following:
1) That debarment or suspension and length thereof, is
being considered.
2) The reasons for the proposed action in terms sufficient
to put the respondent on notice of the conduct or
transaction(s) upon which it is based;
3) The cause(s) relied upon for the proposed debarment or
suspension;
4) The potential effect of the proposed action;
5) That the respondent is enti�led to be heard and to
submit information relevant to the transaction(s)
involved for consideration by the Committee;
6) The timeline and proces�' for submitting materials and
completing the review p�rocess.
(f) Within fifteen (15) �urking days of receipt of a notice
of proposed debarment or suspefision, any participant or
contractor, including any aff�liate, desiring a hearing shall
file a written request for a;hearing with the Purchasing Systems
Manager who shall forward the request to the other members of the
Suspension and Debarnaent Ref�iiew Committee. If no appeal is filed
within the time limit, the;�proposed decision to debar or suspend
shall be final. /
(g) Upon receipt o � a written re est the Purchasin
9
Systems Manager shall a�`range a hearing before the Suspension and
Debarment Review Commi��tee as soon as possible, but no later than
thirty (30) days after;`receipt.
�
(h) After the p�rticipant or contractor has been afforded
an opportunity to be heard and confront and examine its accusors,
the Committee shall ake a written determination on the evidence
presented, includin , where appropriate, any evidence of
mitigating circumst,ances. If it is proposed that the sanction
include an affilia e, the Committee shall indicate whether and to
what extent the d�termination applies to the affiliate. The
Committee's determination shall be transmitted to all affected
parties by certified mail, return receipt requested.
(i) The cause for debarment or suspension must be
established by a preponderance of the evidence. If the debarment
is based upon a conviction, a civil judgment, or debarment by a
Federal or State agency, the standard shall be deemed to have
been met.
(j) The party initiating the debarment or suspension
process has the burden of proving cause for debarment. The
respondent has the burden of proof for establishing mitigating
circumstances.
�RIC��'+�l� � . � � � . . �r- '���
. �
(k) The Committee's determination shall be final. Each
determination shall become a part of the record. If the decision
is not to impose debarment or suspension, the respondent shall be
given prompt notice of that decision. A decision not to impose
debarment or suspension shall be without prejudice to a
subsequent imposition of debarment or suspension. If the
decision is to debar or suspend, a final notice shall be issued
to the respondent containing the following information:
1) a reference to the notice of the action and any hearing
or fact finding conference;
2) the specific reasons for the action;
3) the period of debarment or suspension, including
effective dates; and
4) a listing of transactions covered by the debarment or
suspension.
Section 94.07. Period of Suspension or Debarment.
(a) Debarment shall be for ,a period commensurate with the
seriousness of the cause(s) . A;�debarment shall not exceed three
(3) years. If a suspension pre,�edes a debarment, the suspension
period shall be considered in �determining the debarment period.
i
(b) Al1 suspensions sh�(11 be for a temporary period pending
the completion of an invest$�gation and such legal or debarment
proceedings as may ensue. �, suspension shall become effective
immediately upon issuance �f the notice specified in 94.06(k) .
(c) The Suspension �nd Debarment Review Committee may renew
an existing debarment fo}� an additional period if the committee
determines that an exte ion is necessary to protect the public
interest. However, a d�arment may not be extended solely on the
basis of the facts and �circumstances upon which the initial
debarment action was b sed. If debarment for an additional
period is determined be necessary, the procedures of 94.06
shall be followed to xtend the debarment.
(d) A person o� participant may request the Review
Committee to reverse�� the debarment decision or to reduce the
period or scope of dlebarment. Such a request shall be in writing
and supported by da,'cumentation and shall not be submitted earlier
than six months af�er the final decision to debar. In no event
,
may more than one such request be submitted within any 12-month
period.
The Review Committee may grant such a request for reasons
including, but not limited to:
1) newly discovered material evidence;
2) reversal of the conviction or civil judgment upon which
the debarnaent was based;
3) bona fide change in ownership or management;
;:�������� . , �Il-�`��
� s
4) elimination of other causes for which the debarment was
imposed; or
5) other reasons the Review Committee deems appropriate.
Section 94.08. Human Rights Violations.
(a) Whenever the Purchasing Systems Manager shall receive a
request for a debarment based on violation of Chapter 183 of the
Saint Paul Legislative Code or other Federal or State civil
rights, affirmative action, or equal employment law, the request
shall be forwarded to the Director of the Human Rights Office.
(b) Any debarment referred to the Director shall be handled
in accordance with Chapter 183 of the Saint �Paul Legislative
Code.
(c) If the Human Rights Director �:hitiates a debarment
process, whether as a result of a dire�t request, or as a result
of a referral from the Purchasing Sys�ems Manager, the Director
shall notify the Suspension and Deba�nent Review Committee of the
outcome of the process and transmit 'copies of any written
decisions.
Section 94.09. Debarment or Sus�ension Records.
,
(a) All documents and ot�ier data assembled pursuant to this
chapter shall be handled and�etained by the Purchasing Division
in accordance with applicabl local and state data retention
policies. i
�'
Section 2
That this ordinance hall take effect and be in forc� thirty
(30) days after its pass ge, approva.l and publication.
/
/
�
�/
Yeas Nay� Absent Requested by Aepartment of:
imon
oswi z
on
acca ee --
e an
une C�i s on By: � —��----
Adopted by Council: Date
Form Approved by City Attorney
Adoption Certified by Council Secretary g , ���-r�t3�.� �,�. �=y
y �
By� Approved by Mayor for S mission to
Council
Approved by Mayor: Date � /
,�,r�?.v4���f/�
By: By�
, f.�• . ;• . . .� ; q1-fqab ✓
DEPARTM[NTIOFFl(�JCOUNCIL pATE 1 ITIATE '
9'� , 9/ GREEN SHEEfi No. S�
CONTACT PER30N 8 PMONE INITIAU DA�'E ��ATE
DEPARTMENT DIRECTOR �GTY COUNqL
L i nda Cam 298-5501 �� �aT�'AN�NEV �CITV CIERK
MU8T 8E ON OOUNCIL AOENDA BY(DAT� R01lTNIO �BUDOET DIRECTOA ' �FIN.8 MOT.SERVICES DIR.
�MAYOR(OR A8318TANT) ! ❑
TOTAL#►OF SIGNATURE PAQES (CLIP ALL LOCATIONS FOR SIiiNATURE) '
ACT10N REQUESTED:
, dopt the attached Ordinance creating the authority and '�process for debarring
endors who fail to perform satisfactorily on City pro��cts. '
RECOMMENDATION8:Approvs(N u►RywY(Rl COUNCIL COMMITTEE/RESEARCH F�PORT I L
_PLANNINQ OOMMISSION _CIVIL SERVIC�OOMMt8810N ANALYST � PMONE NO.
_pB OOMMITTEE _
_BTAFF _ COMMENTB:
—���«,� _ SEp 2 3 199�
$�PPORTB WHICH C�JNCI�OBJECTIVE� O�e,�
r
fNIT1ATINO PFiOBLEM.18SUE.OPPORTUNITY(VYho�WMt.When.WMro�WMI� '
rom time to time the City ezperiences problems because Certain vendors fail
o perform on City projects, Contracts, and Agreements. ' Such failures are
ften costly for the City in terms of staff time and rea�. dollars. In additio ,
- ublic safety may be impacted on occasion. No authority' or process ezists With'n
he current Administrative Code to prevent unsatisfactor�i vendors from
articipating in the public bidding and contracting procpss. A new oriinance i
eeded to rectify this problem. ;
ADVANTAOES IF APPROVED:
, ' City will be able to eaclude unsatisfaictory vendors from; public projects for
specific periods, thus saving time an,E3 money. '
;,
;
;
,
j
ois�v�rr�s��ov��:
Debarment rocess will take u st ff time and nerat a ditional a rwork.
P P 9 e e � P P e
;
,
; '
�,
DISADVANTAOEB IF NOT APPHOVED: ;
City will continue to egperienCe problems becau�e of poo�ly performing
' ' vendors. Only vay to handle will be on a con�ract- by co�tract basis.
City vill continue to incur costs. �
RECEIVED Cou�cii R����r�� �pn�er
OCT 0 3 1991 - � SEP 2 6 1991
TOTAL AMOUNT OF TRANBACTION = COST/REVENUE BUD�TED(qRCL�ON� YE8 NO �''
i=UNDINO SOUl�E ACTIVITY NUMBER I'
FlNANqAL INFORMATION:(EXPWN) '
j � �
Z
, - ,' , _ ..� �` � .;, *
�, �
`�NOTE: OONIPLETE DIRECTIONS ARE INCLUDED IN THE CiREEN 3HEET 1NSTRUCTIONAL
MANUAI AVAIIABLE IN THE PURCHASINi�OFFICE(PHONE'NO. 29&4225).
ROUTINti ORDEft:
Below aro prefened routinga for the five most frequeM types of documenb:
C�NTRACTS (aesumes autlwrfzed COUNCIL RESOLUTION (Amend, BdgtsJ :.�
budgst exists) l0.ccspt. Grents)
1. Outsids Agency L DspsRment D�rector
2.' Initieting Department 2. Budget Director �
3. Gty Attomey 3. City Attomey
4. Mayor 4. Mayor/AssistaM
5. Finance 3 M�mt Svcs. OlreCtor 5. City Cou�cil
6. Ffner�ce AccouMing 8. Chlef AocouMaM, Fln&Mgmt Svcs.
ADMINISTRATIVE ORDER (Budgst COUNCII.RESOLUTION (all others)
Revisbn) and OFiDINANCE
1. Activiry Man�er 1. Initiatin9 DepaRment Director
2. Dsputmsnt Acoountant 2• �An�^�Y
3. DepertnwM Dirsctor 3. MayoNHs�istant
4. Budget�rodor 4. City Council
5. qty Clsrk
8. Chief AccouMant, Fin 8�Mgmt 3vcs.
ADMINISTRA'EiVE ORDERS (all o�hers)
1. Initfatinp D�partment
2• Gty Attomsy
3. Mayor/As�sterM
4. Ciiy Cierk
TOTAI NUMBER OF 31�3NATURE PA(iE3
Indk�ts H�s#�of p�gss an which�gnatwss aro required and paperc�iP
aach oi the�s�
ACTION REQUE8TED
Ds�cribe wtW th�proJecUrpuest s�sks to accomplish In ekher chronobpl-
c:el ordsr or adsr of importence�whid�ver is nast appropriate for the
iseue. Do rwt write oomplste aeMencss.Bsgin�ach item in your Iist with
a verb.
RECOMMEN�ATIONS
Complete if d�e isaw in quastion has besn pre�snted before any body� Publfc
or privste.
SUPPORTS WHIG`kl OOUNdL 08JECTIVE?
Indfcate whfch Council obJscdw(s)Ycu�ProlecUreQusst supports by NsNnp
the key word(s)(HOUSINt3, REC.ftEAT10N, NEKiHBORHOODS, ECONOMIC DEVELOPMENT,
BUDC3ET, BEWER SEPARATION).(SEE COAAPLETE UST IN INSTRUCTIONAL MANUAL.)
COUNdL COMIr11TTEE/RE8EARCH REPORT-OPTIONAL AS REOUESTED BY COUNCIL
INI'MTIN(3 PROBLEM, ISSUE,OPPORTUNITY
Explein the situatbn cx condida�s that croMed a need for�rour project
or request.
ADVANTAQES IF APPROVED
IndiCate whether this is spnply an annwl bud�et prxedure requfrod by law/
charter or whMNsr tMre aro sp�ciflc wa ln which the Ciry of 3aint Paul
and its citizens wfll bsnsflt fran this p�o�t/action.
DISADVANTA(iES IF APPROVED
What ne�ative etiscts or mejor chengss to exfstiny or past proceases might
this ProlecUroqu�t P�oduc�if it ia pas�ed(e.p.,traiflc delsys, noise,
tex incrsases or )?To Whom?When�For hoMr long?
DI8ADVANTA(iE8 IF NOT APPROVED
What will be the ne�ative conssquer�css ff the promised action is�ot
approved?Inabilky to delhrer asrvice4 Condnued hroh traiNc, noise,
ecckisnt rete?Loss of rovenus?
FlNANGAL IMPACT
ARhough you mu�taubr the infamation you provids here to the iasue you
aro addressing, in qensrel you mu�answer two questions: How much is it
ydnp to c�at4 Who b poinq to pay?
, •, ; t � gJ_1q�,�
.
RE�E�vE�
-�� CITY OF SAINT PAUL g 1992
l�;�y;°,� ? �Ay 0
�i-�ct;[�iE,:tl r
�__.:,::� OFFICE OF THE CITY COUNCIL �LER�
GI1Y
PAULA MACCABEE NUMAN SERVICES, OMML TT EN RE ORT ESS REGULATION ;
Councilmember Apl"1� Z3, 1992
1. Approval of Minutes for meeting of Thursday, April 9, 1992.
HUMAN SERVICES COMMITTEE RECOMMENDS ITEM BE LAID OVER TO MAY 14TH.
2.�� Ordinance 91-1920 - Debarment or suspension of contractors due to infraction.
� (To review drafted amendments as requested by Committee)
HUMAN SERVICES COMMITTEE RECOMMENDS APPROVAL WITH AMENDMENTS.
3. Ordinance - 91-1973 - Amending the Administrative Code by establishing procedures
for the adoption of rules and regulations by city departments, agencies,
commissions, offices or employees empowered to enact rules and regulations.
HUMAN SERVICES COMMITTEE RECOMMENDS ITEM BE LAID OVER TO MAY 14TH.
4. Resolution - 90-1189 - Amending Chapter A-4 of the Legislative Code pertaining
to Civic Center parking reimbursement for members of citizen committees not
receiving a per diem. (Laid over from April 9th)
NUMAN SERVICES COMMITTEE RECOMMENDS ITEM BE LAID OVER INDEFINITELY.
5. Resolution - 92-457 - Approving the appointments by the Mayor of Ruth Tobar and
Gina Weisblat as Assistants to the Mayor/Youth Coordinator effective March 23,
1992. (Laid over from April 9th)
HUMAN SERVICES COMMITTEE RECOMMENDS APPROVAL WITH AMENDMENTS.
6. Discussion Item - Infant Mortality Reduction Project Update.
NO ACTION REQUIRED.
7. Discussion - Concept paper for further reorganization of Health, Human Services,
Environmental Protection, and Inspection Functions. (Laid over fram April 9th -
Councilmember's to bring suggestions for discussion)
HUMAN SERVICES COMMITTEE RECOMMENDS PROCESS BE ACCEPTED AND DISTRIBUTE POLICIES
AS A TRIAL BALLOON.
8. Ordinance - Amending Chapter 409 of the Legislative Code establishing a temporary
extension of service license for intoxicating liquor license holders
(intoxicating) . (Laid over from April 9th)
HUMAN SERVICES COMMITTEE RECOMMENDS APPROVAL WITH LAY OVER TO MAY 14TN FOR FINAL
APPROVAL.
9. Ordinance - Amending Chapter 410 of the Legislative Code establishing a temporary
extension of service license for intoxicating liquor license holders (non-
intoxicating) . (Laid over from April 9th)
HUMAN SERVICES COMMITTEE RECOMMENDS APPROVAL WITH LAY OVER TO MAY 14TH FOR FINAL
APPROVAL.
CiTY HALL SEVENTH FLOOR SAINT PAUL, MINNFSOTA 55102 612/298-5378
s�aa
Ptlnted on Reryded Paper
9�- � 9°?a ��.
OFFICE OF THE CTTY ATTORNEY �
Natalre E.Hudson, City Auorney
CITY OF SAINT PAUL 800�T� Telephone
lamts Schabel,Mayw 345 St Peter Street Civifi 298-5121
Saint Paul,M'au�sota 55102 Crbntnak 298-4271
Pacsimi[e:612-29E-5619
DATE: June 19, 1992
�ECEIV�[�
To: Mo l ly O'Rourke ��►� 2 2 1992
FROM: City Attorney's Office ��TX ����K
RE: Renumbering in ordinance 17926
Dear Ms. O'Rourke:
It has recently come to my attention that City ordinance 17926
contains a minor clerical error which needs to be corrected.
On May 28, 1992, the Council adopted ordinance 17926 which calls
for the creation of Chapter 94 of the Saint Paul Administrative
Code entitled "Debarment or Suspension of Contractors��. However,
prior to the adoption and subsequent publication of ordinance
17926 on June 6, 1992, Chapter 94 of the Administrative Code had
already been assigned to ordinance 17879 and is currently
entitled "Protection of Trade Secret Information".
Pursuant to section 3.05(b) of the Administrative Code, the City
Attorney has the authority to "renumber sections, subdivisions,
or clauses [and] . . . change reference numbers to agree with
renwmbered chapters, sections, subdivisions or clauses . . . "
Accordingly, ordinance 17926 will be reassigned to Chapter 95 of
the Administrative Code. Further, all sections, subdivision, or
clauses in ordinance 17926 will be renumbered to coincide with
this change. Please make the appropriate corrections in your
records to in�ure that the proper numbering will be implemented
� by the Code's publisher in the next supplement.
Thank you for your prompt consideration in this matter.
Respectfully,
���� �_��.�'" t
MICHAEL T. LECHNER
Law Clerk
cc: Paula Maccabee
Janice Rettman
Linda Camp
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