§ 5-17.04. Appeal from decision of Chief of Police to City Council.

(a)

Right of appeal. Any person aggrieved by a decision of the Chief of Police may appeal such decision of the Chief of Police to the City Council, except as provided in subsection (d) of this section.

(b)

Notice of appeal. Appeals from the decision of the Chief of Police shall be made by filing a notice of appeal with the City Clerk not later than five (5) days following the date the applicant has received written notice of such decision; provided that the City Council may extend the time for filing such notice of appeal for good cause shown. Such notice of appeal shall be in a form prescribed by the Chief of Police, shall contain a brief statement of the reasons why the person filing the appeal believes that the decision of the Chief of Police does not comply with the provisions of this chapter, and shall set forth the relief requested by such person from such decision.

(c)

Appeal procedures. Appeals from a decision of the Chief of Police shall be heard and decided by the City Council at its first regular or adjourned regular meeting on or after the tenth (10th) day following the filing of the notice of appeal subject to the notice and other requirements of the Ralph M. Brown Act.

(d)

Because time is of the essence, there shall be no appeal to the City Council from the decision of the Chief of Police where the exercise of free speech rights is involved. Rather, the aggrieved person may appeal to the City Manager in an attempt to resolve the situation pursuant to Section 5-17.06(b)(3).

(§ 2, Ord. 781, eff. August 24, 1992)