Please read the following information before applying.
DENVER CIVIL SERVICE COMMISSION
HEARING OFFICER CANDIDATE INFORMATION - 2012
FOR CONTRACT PERIOD 2013 – 2015
Applications accepted Monday, August 20, 2012 through Friday, September 21, 2012 at 5:00 p.m.
This information is intended to provide guidance to candidates regarding the nature of the Hearing Officer position, the qualifications, the application procedures and the selection process.
FIVE (5) TO SEVEN (7) HEARING OFFICER POSITIONS AVAILABLE
The Denver Civil Service Commission is seeking a diverse pool of 5 to 7 independent contractors to serve as part-time, on-call Hearing Officers to hear disciplinary and disqualification appeal cases filed by Denver Firefighters and Police Officers. Additionally, a Hearing Officer may be assigned as a Settlement Officers to facilitate mediation of an appeal.1 Hearing Officers will be required to enter into a professional services contract for a three (3)-year period from January 2013 through December 2015. Finalists will be required to undergo a background check.
COMPENSATION: Hearing Officers are compensated at a rate of $52.40 per hour for all professional services provided. As an independent contractor, no benefits are paid or offered. Hearing Officers are reimbursed for reasonable and necessary expenses for mileage, parking, postage, photocopying, and conference calls.
ASSIGNMENT OF APPEAL CASES: The number of appeal cases that a Hearing Officer/Settlement Officer will be assigned is dependent on the number of appeals filed. Upon filing, cases are randomly assigned from among all those under contract. The number of hours a Hearing Officer spends on a case will vary widely depending on the nature of the case and whether it settles or proceeds to a hearing.
In order to be qualified for selection and service as a Hearing Officer, an individual shall: 2
(A) currently have, and maintain through the contract, an active Colorado license to practice law; and REQUIRED SKILLS:
(B.1) have served as a neutral Hearing Officer or arbitrator in employer-employee disputes for at least three (3) years out of the past five (5) years and have conducted at least nine (9) hearings in the last three (3) years; or
(B.2) have a minimum five (5) years experience in the full-time active practice of law, including two (2) years of experience practicing before federal or state courts or federal, state or local administrative agencies authorized to conduct evidentiary hearings; provided that the individual certifies that at least one-fourth (1/4) of his or her practice has involved the preparation and/or presentation of cases before federal or state courts involving employer-employee disputes, the National Labor Relations Board, state or local labor relations boards, the Merit Systems Protection Board, state or local personnel or civil service or career service boards, or labor-management arbitrators; or
(B.3) be currently under contract to serve as a Hearing Officer for the Denver Civil Service Commission; or
(B.4) have a quality, level, and length of experience deemed acceptable to, and approved in writing by, the Commission, the Manager of Safety, and each of the designated Firefighter and Police Officer representatives.
- Knowledge of court procedures and rules of evidence sufficient to be able to provide due process in administrative hearings and render decisions.
- Skill in applying general law and evaluating facts and evidence in relation to individual cases.
- Skill in exercising initiative, judgment, and decision making in solving problems and meeting organizational objectives.
- Skill in independently adapting, interpreting and applying written guidelines, precedents and standardized work practices to a variety of unprecedented or problematic situations.
LEVEL OF SUPERVISION EXERCISED:
- Performs professional level work.
- Hears and evaluates testimony and evidence de novo to determine case facts, maintains order and decorum, disposes of objections expressed, permits questioning and cross-examination of witnesses and ensures due process.
- Manage pre-hearing conferences, exchange information and evaluate proposed evidence, consider expert witness testimony, determine issues, rule on any matters in dispute related to discover and rule on preliminary motions.
- Examines case records and official files and ensures that all documents and exhibits are fully documented in the record.
- Conducts legal research to fully address all legal arguments.
- May meet with appellants and appellees, or their representatives to explain rights and obligations and discuss hearing rules and procedures.
- Writes timely decisions which are binding on all parties.
- Submits written findings and decisions to the Civil Service Commission.
- May undertake the role of Chief Hearing Officer in a three-person panel in Disciplinary Appeals involving Special Circumstances.
- As a Settlement Officer, will conduct settlement conferences and mediation and shall assist the parties in exploring options for achieving a mutually agreeable resolution, in whole or in part, of the disputed issues.
- As a Settlement Officer, shall report the mediation status information to the Hearing Officer or to the Commission.
- As a Settlement Officer, with the agreement of both parties, may assist the parties in drafting a settlement agreement and/or an appropriate document for submission to the Hearing Officer or the Commission, as applicable, in order to achieve a full or partial resolution of the case.
- May assist the Commission with other duties such as conducting Hearing Officer orientations/training.
- Sitting: remaining in the normal seated position.
- Talking: expressing or exchanging ideas by means of spoken words.
- Hearing: perceiving the nature of sounds by ear.
Hearings are typically conducted at the Wellington E. Webb Municipal Office Building, 201 W. Colfax Ave., Denver, CO 80202-5332.
APPLICATION PERIOD: Applications accepted Monday, August 20, 2012 through Friday, September 21, 2012 at 5:00 p.m.
APPLICATION: Beginning on Monday, August 20, 2012, the official Hearing Officer application is available on-line at www.denvergov.org/civilservice . An application may also be obtained by contacting Antoinette Torres-Janke at firstname.lastname@example.org or by visiting the Commission at the address noted below.
An application packet must include the following:
- A completed official Hearing Officer Application form, with the designated attachments.
- Proof of an active license to practice law in Colorado.
Optional: A cover letter and/or resume may be submitted along with the application packet.
Submission by email (preferred method of submission): Application documents submitted by email must be in Adobe PDF format. Completed application packets may be submitted (by the designated deadline) to email@example.com.
Submission in person or by mail: Completed application packets may be submitted (by the designated deadline) in person or by mail at the following address:
Denver Civil Service Commission
Webb Municipal Bldg. - 7th Floor
201 W. Colfax Ave., Dept. 1208
Denver, CO 80202-5332
The Commission's office hours are 7:00 a.m. to 5:00 p.m., Monday through Friday (excluding Holidays and furlough days).
SELECTION PROCESS: Hearing Officers shall be selected as follows:3
- The Commission shall compile a list of all qualified persons.
- At the discretion of the Manager of Safety and the designated Firefighter and Police Officer representatives, qualified persons may be interviewed in order to obtain further clarification regarding their qualifications and experience. It is anticipated that interviews will occur early November 2012.
- Upon receiving the list of all qualified persons the Manager of Safety and the designated representatives (acting as a single entity) may within fifteen (15) days of receipt of the list each strike not more than one-third (1/3) of the names on the list, and each shall number the remaining names to indicate the order of preference. The lists returned to the Commission by the Manager of Safety and the designated representatives shall be confidential and not disclosed to anyone by the Commission, its staff, the Manager of Safety, or the designated representatives.
- The Commission shall offer a selected number of Hearing Officer contracts to those candidates who have been approved on both lists, and in accordance with the designated order of mutual preference. Prior to entering into a Hearing Officer contract with any candidate, the candidate shall be subject to a background investigation, with review and final approval by the Commission.
- Final selections are anticipated to be made in December, 2012. A Hearing Officer orientation and training session is anticipated to be held in January 2013.
If you have any questions regarding the Hearing Officer application and selection process, please contact Antoinette Torres-Janke at firstname.lastname@example.org.
Commission Rule 12
and Rule 14
provide information on Hearing Officer and Settlement Officer duties and responsibilities as well as the disqualification and disciplinary appeal process and the appeal hearing procedures. The Commission Rules can be found at www.denvergov.org/civilservice .
Hearing Officer qualifications are established in Commission Rule 14
The Hearing Officer selection process is governed by Denver City Charter §9.3.7
and Commission Rule 14
This page as a printable PDF file.
Hearing Officer Application (with Attachments) Attachment A (extra copies) Attachment B (extra copies)