The Denver Auditor’s Office enforces various Denver ordinances, including those regarding wages, fair labor practices for public employees, and audits of city contractors — together, the “ordinances.”
As authorized under the ordinances, the Auditor’s Office is issuing this Request for Proposals to secure on-call hearing officer services from qualified applicants.
The ideal hearing officer will be experienced in employment, contract, labor, discovery, and/or civil rights disputes and in conducting administrative hearings or trials.
It will be the duty of the hearing officer to make impartial decisions over appeals from the Auditor’s Office’s determinations. In addition, hearing officers may be called upon
to conduct informal mediation between adverse parties or to review and rule upon motions to quash subpoenas, either as part of wage investigations or government audits.
Hearing officers must perform these services in accordance with the ordinances, applicable Colorado law, and the Auditor’s Office’s civil wage theft rules and rules of procedure.
Proposals should be prepared and submitted as described herein. Proposals will be accepted and reviewed on a rolling basis until the Auditor’s Office has an adequate roster of hearing officers.
A. Description
The Auditor is charged with designating hearing officers to decide on any dispute related to the ordinances, including:
- Issuing subpoenas and determinations of applicable employment classifications
- and wages.
- Underpayment or misreporting.
- Retaliation.
- Failure to provide paid sick leave or rest breaks as required by law.
- Imposing damages, interest, and penalties.
- The hearing officer's services will include anything that is reasonably necessary to
- the decision-making process, including ruling on:
- Matters of subject-matter jurisdiction.
- The sufficiency of a petition.
- Standing.
- Timeliness of claims.
- Motions for a final decision without a hearing.
- Recusal.
- Other pre-hearing motions.
- Conducting pre-hearing conferences.
- Conducting hearings.
- Conducting research and site inspections.
- Reading briefs, exhibits, and other written materials submitted by the parties or
- their attorneys.
- Issuing evidentiary rulings.
- Issuing findings, conclusions, rulings, orders, and determinations in an appropriate
- form and consistent with the Auditor’s Office’s rules of procedure.
See Exhibit A for a more detailed description of the scope of work.
The hearing officer shall use as a basis for determination such standards and burdens of proof as are in the ordinances and the Auditor’s Office’s Civil Wage Theft Rules and/or Rules of Procedure.
The hearing officer may use pertinent previous experience and/or education in resolving issues of fact and law.
The hearing officer shall act as the custodian of record for materials produced to the hearing officer relating to the decision-making process.
B. Minimum qualifications
- Juris doctor degree.
- Demonstrated care for the standards and requirements of applicable law, including local, state, and federal law and/or constitutional law.
- Experience as a judge, administrative law judge, hearing officer, arbitrator, mediator, civil rights/employment law litigator, or research/staff attorney in the judicial system.
- Ability to meet the time requirements of the city.
- Reliability, character, integrity, reputation, judgment, experience and efficiency.
Ability to engage with a highly diverse population in terms of ethnic and socio-economic status.
C. Conflicts of interest
To prevent any future misunderstanding and to preserve the ability to represent the city as a hearing officer, the hearing officer will acknowledge the city’s policy and the “Rules of Professional Conduct” concerning conflicts of interest and will inform and seek the consent of the City Attorney before representing another client in any matter directly adverse to the city.
The term “matter” as used here refers to transactions, negotiations, proceedings or other representations involving specific parties. Likewise, the hearing officer is required to perform conflicts checks and not to commence work on disputed matters if conflicts
of interest would preclude the hearing officer from doing so.
D. Insurance
Insurance in the amounts shown in the attached sample agreement or otherwise agreed to by the city’s Risk Management Department will be required.
E. Term of engagement
Engagement of these services will be by contract. The term of the engagement period will be from the date of all parties sign through Dec. 31, 2028, cancelable with or without cause by either party upon 30 days written notice to the other.
The city may add an option to renew for a one-year period.
Download the Request for Proposal(PDF, 188KB)
Download the Exhibit A(PDF, 52KB)