§ 2-26-71. Procedures related to suspension, debarment and reinstatement.

(a)

Notice of intent. When the purchasing official is considering imposing a suspension or debarment, he/she shall first provide a written notice setting forth the facts and circumstances supporting the proposed action, and setting a deadline by which the person or entity must submit a response. The response must, at a minimum, include detailed responses to the facts and circumstances set forth in the notice, copies of all relevant documents, and citation to any legal authorities or other cases the person or entity wants to have considered by the purchasing official. Failure to timely file a response shall result in the purchasing official's notice of intent to become final on the date of the deadline (or any extension thereof set forth in the notice.

(b)

Opportunity to be heard. In addition to the opportunity to submit a written response, if, after receipt of the response, the purchasing official determines that it would be helpful for a meeting on the matter, or if a meeting is requested by the person or entity under consideration for suspension or debarment, then the purchasing official shall conduct a meeting to listen to any presentation the person or entity wishes to make. No meeting request may be made by a person or entity under consideration for suspension or debarment unless a timely written response as provided for in subdivision (a) above has first been filed.

(c)

Final determination. After considering the written response, and any presentation made during a subsequent meeting, the purchasing official shall make a written decision to either withdraw the notice of intent, or to debar or suspend the person or entity. The final decision shall state the factual and legal reasons for the action taken and the term of the suspension or debarment.

(d)

Review of suspension or debarment. Final notices of suspension or debarment shall be final and binding unless the debarred or suspended person or entity, within ten (10) calendar days of the decision, files with the office of purchasing official a written notice to the county commission requesting review. Upon receipt of a timely appeal, the commission may, in its discretion, request a written response from the county administrator, schedule the matter for commission discussion, or refer the matter to an administrative hearing before a hearing officer. In any review of a final determination, the review shall be limited to determining whether there was factual support for the decision taken, that the decision does not violate any statute or ordinance, and that all required notices and process have been provided. Neither side may present any new evidence, issue or legal argument not presented below.

(e)

Reinstatement. The purchasing official shall have the authority to reinstate any person or entity under an existing suspension or debarment period. To request reinstatement, the person or entity must submit to the office of the purchasing official a written request, which shall at a minimum include all relevant facts and documentation which the person or entity contends supports the early termination of the suspension or debarment. Relevant factors include, but are not limited to, demonstrated rehabilitation, a change in ownership or control to innocent parties, restitution payments, subsequent court rulings, changes in the law, or where, in the purchasing official's sole judgment, the county's interests would be adequately protected, and the person or entity to be reinstated is not likely to engage in similar conduct again. The purchasing official may also grant limited reinstatement to respond to emergency contracting needs. As a condition of reinstatement, the purchasing official may limit the nature and scope of contractual undertakings that must be satisfactorily completed before seeking additional contracts from the county.

(f)

[Maintenance of records.] Copies of all suspension, debarment and reinstatement decisions shall be maintained by the purchasing official's office.

(Ord. No. 14-32, § 13, 9-23-14)