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TO: Mayor and City Council
FROM: The Law Department
DATE: July 1, 2019
SUBJECT:
Approval of a contract for the services of Attorney Victor Puscas as an administrative hearing officer.
PURPOSE:
To retain the services of Attorney Victor Puscas as an administrative hearing officer.
BACKGROUND:
Attorney Victor Puscas serves as the City’s primary administrative hearing officer. In this capacity, he is responsible for presiding over most of the City’s administrative hearings, including red light camera and code violations.
In previous years, the Law Department and the Police Department have separately contracted for the administrative hearing officer's services. As was the case in the last budget cycle with the City's DUI Prosecutor, the Law Department will be assuming responsibility for contracting with and compensating the hearing officer going forward.
DISCUSSION:
Mr. Puscas is well regarded by staff and has an excellent temperament when interacting with the public. Because Mr. Puscas does not represent the City as special counsel, City Council approval is necessary for the procurement of his professional services at the rate of two thousand nine hundred and 00/100 dollars ($2,900.00) per month. The contract will remain in effect until terminated at the option of the City or Mr. Puscas upon thirty (30) days notice.
IMPACT STATEMENT:
Approval of this resolution will consolidate the City's contracts with Attorney Puscas and allow the administrative hearing programs to continue without interruption. It will also allow the City to consolidate its two existing (and soon-to-expire) agreements with Mr. Puscas into one agreement.
The City has budgeted for these services in accounts 101-3536-421.32-19 (Police), $6,000 and 101-1102-419.32-19 (Law), $184,000.
It is the Law Department’s intention to request that the Council consolidate these budget items in the next annual budget.
RECOMMENDATIONS:
That the Council approve the attached resolution.
cc: Finance Committee
CITY OF AURORA, ILLINOIS
RESOLUTION NO. _________
DATE OF PASSAGE ________________
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A Resolution authorizing a contract with the Law Office of Victor Puscas for the professional services of an administrative hearing officer
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the City has adopted a system of administrative adjudications for violations of its code of ordinances consistent with the requirements of the Illinois Constitution and the Illinois Municipal Code; and
WHEREAS, Attorney Victor Puscas has been designated as a hearing officer for the purposes of conducting said administrative adjudications; and
WHEREAS, it is necessary to from time-to-time review the terms and conditions of Mr. Puscas’s services in said capacity; and
WHEREAS, the City and the Law Office of Victor Puscas have negotiated a contract for the services of Mr. Puscas; and
WHEREAS, the 2019 budget provides funding for the services in accounts 101-3536-421.32-19, $6,000 and 101-1102-419.32-19, $184,000; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Aurora, Illinois, as follows: that the Corporation Counsel shall be and hereby is authorized to execute a contract with the Law Office of Victor Puscas for the services of Victor Puscas as an administrative hearing officer that is in substantially the same form as the document attached to this resolution as Exhibit A; and further
BE IT RESOLVED, that the Corporation Counsel shall be and hereby is authorized to amend the Scope of Work and the Fee Schedule of Services set forth in said Exhibit on behalf of the City as may be necessary from time-to-time to further the purposes of the administrative adjudication program subject to appropriation and budget.