HomeMy WebLinkAboutRESOLUTION NO. 2017-107 RESOLUTION NO. 2017-107
APPROVING IOWA OFFSET PROGRAM APPEAL PROCESS
WHEREAS, the City of Fairfax participates in the Iowa Offset Program as provided for
within Chapter 8A of the Iowa Code, and
WHEREAS, the Iowa Offset Program provides a means for the City to collect debts due
the City by way of capturing moneys due a debtor from the State of Iowa, and
WHEREAS, debtors are provided an opportunity to appeal the offset of their funds to the
City, and while the City has an unwritten appeal process in place it would be beneficial and
appropriate for the City Council to approve a written policy in that regard, and
WHEREAS, a written policy has been prepared and is attached hereto and incorporated
within this Resolution by this reference as if same had been set forth fully verbatim herein, and
WHEREAS, the City Council of the City of Fairfax, Iowa, finds that the Iowa Offset
Appeals Process policy sets forth a fair policy in accordance with Iowa Code 8A.504 and 11
Iowa Administrative Code (IAC) 40.4 and should, therefore, be approved.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fairfax,
Iowa, that the attached Iowa Offset Appeal Process policy is approved.
BE IT FURTHER RESOLVED, by the City Council of Fairfax, Iowa, that the Mayor
and the City Clerk are hereby authorized and directed to execute said Resolution.
Passed, approved, and adopted this 12th day of December, 2017.
AYES: Beer, Daly, Kell,Volk, and Wainwright
Nays: None
urnell G. Frieden, Mayor
Attest:
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Cynhia Stimson, City Clerk/Treasurer ;
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City of Fairfax
Iowa Offset Program Appeal Process
PURPOSE:
The purpose of this Policy is to establish procedures to be employed during the appeal of a
proposed offset of an individual or entity indebted to the City under the Iowa Offset Program.
SCOPE:
This Policy shall apply in all situations where an individual or entity wishes to appeal the offset,
by the City, of moneys owed the individual by the State of Iowa that have been held up for
payment by the State of Iowa Offset Program pursuant to Chapter 8A of the Iowa Code.
PROCEDURE:
Upon the receipt of Notice by the City, from the State Offset Program, of a "hit", meaning that
funds are owed by the State of Iowa to a person or entity whose name was submitted to the State
by the City of Fairfax as owing money to the City, the City shall:
1. Notify the person/entity in writing at their last known address of the "hit" and of their
right to request an appeal with the City of Fairfax.
2. In the event written notice of appeal is received the following appeal/hearing process will
be followed:
a. The Appeal shall be heard by the City within fourteen (14) days of the receipt of
the written appeal.
b. An attempt will be made to work with the appellant to schedule the appeal hearing
on a date and time that will work for them, however, all hearings will be held
between the hours of 8:00 a.m. and 4:00 p.m. Monday through Friday.
c. In the event that the appeal involves a City utility related billing, the appeal shall
be heard by the Mayor, the City Clerk/Treasurer, and the Deputy Clerk-Utility
Billing. After their consideration of the testimony and/or evidence presented by
the appellant a decision shall be made within three (3) days with written notice of
the decision being sent to the appellant by regular mail.
d. In the event that the appeal involves any other City related billing or debt, the
appeal shall be heard by the Mayor, the City Clerk/Treasurer, and one other City
employee or official to be chosen by the City Clerk/Treasurer and the Mayor. This
will be an employee from the department from which the debt or debts originated
from. After their consideration of the testimony and/or evidence presented by the
appellant a decision shall be made within three (3) days with written notice of the
decision being sent to the appellant by regular mail.
This Policy was reviewed and approved by the City Council on the 12t" day of
December, 2017 by Resolution 2017-107 to take effect immediately.
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