Administrative Hearings Officer

JOB TITLE:

Administrative Hearings Officer

Hourly, Contract position

DEPARTMENT/DIVISION:

Legal

REPORTS TO:

City Manager

SUMMARY:

The Administrative Hearings Officer is the appointed administrator of the Administrative Hearings Bureau and performs legal work as the quasi-judicial officer over all blight violations. The Administrative Hearings Bureau shall have exclusive jurisdiction to make violation determinations (blight, parking, other applicable civil infraction issues), including providing for adjudicatory hearings by administrative hearing officers, to impose fines, costs, fees, ordered property clean ups, other sanctions for violations of provisions of the City Code designated as blight violations in accordance with Section 4l(4) of the Michigan Home Rule City Act, being MCL 117.4l(4).

ESSENTIAL FUNCTIONS & RESPONSIBILITIES:

• Administer the Administrative Hearings Bureau in accordance with Article 2, Division 11 of the Code of Ordinances, and all rules and procedures adopted by the City Council for administration of the Administrative Hearings Bureau.

• Conduct fair and impartial formal hearings, hold conferences for the settlement or simplification of the issues, administer oaths and affirmations, hear testimony, rule upon motions, objections, and the admissibility of evidence, preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing and issue a final order, which includes findings of fact and conclusions of law.

• Issue subpoenas for the attendance of relevant witnesses and the production of relevant books, records, or other information, subject to the restrictions contained in Article 2, Division 11 of the Code of Ordinances at the request of any party or on the administrative hearing officer's own motion.

• Regulate the course of a hearing in accordance with Article 2, Division 11 of the Code of Ordinances, the rules adopted by the Administrative Hearings Bureau, or other applicable law.

• Impose penalties and fines and issue orders that are consistent with applicable code provisions and the fee schedule, and assess costs upon finding a party liable for the charged violation.

• Assess costs upon affirming the order or determination in any case in which a party has sought review by the Bureau of an order or determination of a city department or agency, when such review is authorized by the Code of Ordinances.

• Research and render legal opinions for the parties to litigation before the Administrative Hearings Bureau.

• Supervise department staff, if any, as their duties relate to those of the office and delegate work assignments as required and authorized by law.

• Use computer to prepare documents, create materials for presentation, enter data, and generate reports from databases.

• Propose an annual budget for administering the Bureau and advise City Council of budgetary concerns as needed. Monitor expenditures consistent with approved budget.

• Maintain a courteous working relationship with elected and appointed officials, City staff, law/code enforcement officers, community and business representatives, witnesses, victims, citizens charged with offenses, other attorneys, and the general public.

KNOWLEDGE, SKILLS, & ABILITIES

Upon appointment, the Administrative Hearing Officer must successfully complete a formal training program, which includes the following:

• Instructions on the rules of procedure of the administrative hearings, which he or she will conduct

• Orientation to each subject area of the code violations, which he or she will adjudicate

• Observation of administrative hearings

• Participation in hypothetical cases, including ruling on evidence and issuing final orders

• Complete understanding of all local ordinances

QUALIFICATIONS:

REQUIRED:

• Must be a member in good standing of the State Bar of Michigan and have at least five (5) years of successful experience as a practicing attorney, including experience with building codes and housing maintenance law, with at least two (2) years trial or administrative hearings experience, and at least two (2) years of experience supervising lower level staff.

• Equivalent training or experience will be considered.

• Must have a working knowledge of general municipal law. Must be a skilled analyst and researcher, and skilled at expressing thoughts orally and in writing. Must provide a thorough hearing record for possible judicial review.

• Must be able to communicate courteously and effectively with the public, staff, and government officials.

In addition to the above requirements, all City positions require:

• The ability to read, write, speak and understand the English language as necessary for the position

• The ability to follow written and oral instructions; and the ability to get along with other employees and members of the public.

• Possess and maintain a record of orderly law-abiding citizenship, integrity and loyalty as it pertains to and reflects upon their employment with the City.

• Must be physically and mentally able to perform the essential duties of their position without excessive absences.

Physical Demands and Work Environment:

The physical demands and work environmental characteristics described here are representative of those an employee encounters while performing the essential functions of the job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions.

While performing the duties of this job, the employee is regularly required to communicate orally in person and by telephone, read regular and small print, use sight to prepare documents and reports and review evidence; use hearing to listen to testimony, sit, use limited mobility in an office setting, and use manual dexterity to type and enter data. The typical work environment of this job is a business office setting where the noise level is moderate.

SALARY RANGE:

This is a contractor position with a negotiable hourly rate based upon experience. The position will oversee formal hearings on an as-needed basis expected to be one day per week for up to 4 hours.

BENEFITS:

N/A