Administrative Hearings Officer

JOB TITLE:

AdministrativeHearingsOfficer

Hourly, Contract position

DEPARTMENT/DIVISION:

Legal

REPORTS TO:

City Manager

SUMMARY:

The Administrative Hearings Officer is the appointed administrator of the Administrative HearingsBureau andperformslegalwork asthequasi-judicialofficerover all blight violations. The Administrative HearingsBureau 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:

• AdministertheAdministrativeHearingsBureauinaccordancewithArticle 2, Division 11 oftheCode of Ordinances, and all rules and procedures adopted by the City Council for administration of the Administrative Hearings Bureau.

• Conductfairandimpartialformal hearings,holdconferencesforthesettlementorsimplification of the issues, administer oaths and affirmations, hear testimony, rule upon motions, objections, and the admissibilityof 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.

• Issuesubpoenasfor theattendance of relevant witnessesandthe production of relevant books, records, or other information, subject to the restrictions contained in Article 2, Division 11oftheCodeofOrdinancesattherequestofanypartyorontheadministrativehearing officer's own motion.

• Regulatethecourseofahearing inaccordancewithArticle 2, Division 11oftheCodeof Ordinances, the rules adopted by the Administrative HearingsBureau, or other applicable law.

• Imposepenaltiesandfinesandissueordersthatareconsistentwithapplicablecode provisions and the fee schedule, and assess costs upon finding a party liable for the charged violation.

• Assesscostsuponaffirmingtheorderordeterminationinanycaseinwhichapartyhas soughtreviewbytheBureauof anorderordeterminationof a citydepartmentor agency, when such review is authorized by the Code of Ordinances.

• ResearchandrenderlegalopinionsforthepartiestolitigationbeforetheAdministrative Hearings Bureau.

• Supervisedepartmentstaff,ifany,astheirdutiesrelatetothoseoftheofficeand delegate work assignments as required and authorized by law.

• Usecomputertopreparedocuments,creatematerialsforpresentation,enterdata,and generate reports from databases.

• Propose an annual budget for administering the Bureau and advise City Council of budgetaryconcernsasneeded.Monitorexpendituresconsistentwithapprovedbudget.

• Maintainacourteousworkingrelationshipwithelectedandappointedofficials,Citystaff, law/code enforcement officers, community and business representatives, witnesses, victims, citizens charged with offenses, other attorneys, and the general public.

KNOWLEDGE, SKILLS, & ABILITIES

Uponappointment,theAdministrativeHearingOfficermustsuccessfullycompleteaformal training program, which includes the following:

• Instructionsontherulesofprocedureoftheadministrativehearings,whichheorshewill conduct

• Orientationtoeachsubjectareaofthecodeviolations,whichheorshewilladjudicate

• Observationofadministrativehearings

• Participationinhypotheticalcases,includingrulingonevidenceandissuingfinal orders

• Complete understanding of all local ordinances

QUALIFICATIONS:

REQUIRED:

• Must be a member in good standing of the State Bar of Michiganand 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 willbeconsidered.

• Musthaveaworkingknowledgeofgeneralmunicipallaw.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, integrityand loyaltyas it pertains to and reflects upon their employment with theCity.

• Must bephysicallyand mentallyabletoperformtheessentialduties 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 maybe made to enable individuals with disabilities to perform the essential functions.

While performing the duties of thisjob,the employee is regularlyrequiredto 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 usemanual dexterityto 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 basisexpected to be one day per week for up to 4 hours.

BENEFITS:

N/A