Job Description

Posting number: AB-2024-HEARING OFFICER

Department: City Clerk

Job classification: Hearing Officer

Posting type: Open

Categories: Miscellaneous, Attorney

Summary

THIS IS AN UNPAID VOLUNTEER POSITION WITH THE CITY OF SAN LUIS OBISPO.

The recruitment will remain open until the position is filled.

The role of a volunteer hearing officer for administrative citation appeals is to:

1. To conduct and decide, as final decision maker for the City, administrative appeal hearings relating to administrative citations issued pursuant to San Luis Obispo Municipal Code (“SLOMC”) enforcement matters that do not require a detailed administrative record, and that are not required to be heard by a review board (i.e., Planning Commission, Construction Board of Appeals, or the Administrative Review Board)
2. To issue written decisions, based on findings of fact supported by evidence introduced at a hearing, in a format sufficient to enable an appellant to challenge the decision by trial de novo to the Superior Court.

TYPICAL QUALIFICATIONS

• Be familiar with Chapter 1.24 of the SLOMC (Administrative Code Enforcement Procedures), and other relevant SLOMC provisions and City regulations and guidelines.
• Be available to timely conduct administrative citation appeal hearings as scheduled by the City (per SLOMC 1.24, appeals must be heard within 60 days of receipt).
• Experience evaluating testimony and other evidence.
• Experience preparing written decisions based on findings of fact supported by evidence presented a hearing.

Qualifications

KNOWLEDGE AND ABILITIES

Knowledge of: Fact-finding and decision-making processes, procedures for conducting impartial hearings in accordance with rules and regulations, and information gathering techniques.

ABILITY TO:

• Explain process/procedure/rules of hearing to participants
• Conduct hearings in a fair and impartial manner to obtain information and evidence relevant to disposition of the matter, in accordance with the applicable hearing rules, SLOMC and constitutional due process
• Question witnesses
• Review applicable provisions of the SLOMC and apply relevant provisions to facts presented
• Work independently
• Deal with people in a responsible and respectful manner
• Observe, receive, and otherwise gather information
• Review and evaluate witness credibility, exhibits, and other evidence presented at hearing to:

1. determine relevance to a charged violation
2. discover facts relevant to the matter
3. analyze legal questions
4. determine the value, importance, or quality of evidence or witness testimony
5. reach conclusions supported by applicable code provisions and evidence

• Rule on issues presented at hearings
• Compile, categorize, calculate, or verify information or data
• Maintain confidentiality on matters subject to attorney-client privilege
• Follow hearing procedures and rules

Supplemental information

EDUCATION

Post-secondary degree, certificate or credential, or equivalent professional experience, in a field that requires knowledge of the conduct of formal administrative hearings and additional knowledge and abilities as set forth above. Public or business administration, personnel, construction management, public safety, public education, law or pre-law, constitutional rights are strongly preferred, but not required.

EXPERIENCE

Have conducted, or extensively participated or represented a party in, administrative or other hearings involving student, employee or licensee discipline; public benefits; rate setting; rule making; code enforcement or similar matters requiring fact finding followed by recommendations or decisions; or

Have conducted, or extensively participated or represented a party in, arbitrations, administrative law or quasi- judicial proceedings or trials; or

Have extensive comparable work experience.

KEY SKILLS

• Critical thinking
• Decision making
• High level reading and writing ability
• Reputation for ethical behavior
• Impartiality

COMMITMENT AVAILABILITY

The City anticipates that hearings will be conducted on an as-needed basis, but Applicant must be able to clear times in their schedule for at least one hearing per month, should the need arise.

REQUIREMENTS

Volunteer hearing officers must be qualified by experience, training, or education in the conduct of administrative hearings, and confirmed and appointed by the City Attorney.

Be willing to file a public Statement of Economic Interests as required by the Fair Political Practices Commission.

REMINDER: THIS IS AN UNPAID VOLUNTEER POSITION WITH THE CITY OF SAN LUIS OBISPO.