DATE: November 28, 2023
TO: Board of Supervisors
SUBMITTED BY: Paul Nerland, County Administrative Officer
SUBJECT: Amend County Hearing Officer Form of Agreement
RECOMMENDED ACTION(S):
TITLE
Approve an updated form of agreement for County hearing officers, and continue authorizing the County Administrative Officer to execute agreements with attorneys who will serve as County hearing officers, and to modify hourly rates and insurance requirements equally for all hearing officers, subject to approval by County Counsel as to legal form.
REPORT
Approval of the recommended action will update the form of agreement for use with each County hearing officer, continue authorizing the County Administrative Officer (CAO) to execute agreements in that form with attorneys who will serve and fill the five county hearing officer positions added with the creation of the Office of County Hearing Officer (Office) on October 31, 2017, and continue authorizing the CAO to modify hourly rates and insurance requirements as needed as determined by the CAO, subject to certain limitations. The hearing officers will preside over administrative hearings. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board may direct County Administrative Office staff to revise the language in the template.
FISCAL IMPACT:
There is no additional Net County Cost (NCC) associated with the recommended action for FY 2023-24. The total amount budgeted yearly ($100,000) per each agreement is not affected by the amendment. Funding for implementation of the Office is available in the Interest and Miscellaneous Expenditures Org 2540.
DISCUSSION:
On October 31, 2017, the Board approved the creation of the Office and five county hearing officer positions. In addition, the Board authorized the delegation of appeals from administrative actions to the Office for final resolution and referral of quasi-legislative matters to the Office for recommendations to the Board.
The Board provided by ordinance that the CAO shall appoint county hearing officers, and authorized the CAO to execute employment agreements. The CAO proposed, however, to engage hearing officers as independent contractors, rather than as employees of the County.
On January 8, 2018, the Board approved the form of agreement for use with each county hearing officer.
The term section of the recommended agreement form has been updated to fully reflect the requirements of County of Fresno Ordinance Code §2.81.060, which provides that a hearing officer who is in the process of hearing a matter when the hearing officer's term expires shall continue to discharge the duties as a hearing officer for the matter until the matter is completed.
The CAO’s Office anticipates that the County will interview and execute agreements with up to five hearing officers before the end of the year.
REFERENCE MATERIAL:
BAI #31, October 31, 2017
BAI #33, January 8, 2018
ATTACHMENTS INCLUDED AND/OR ON FILE:
Updated County Hearing Officer Form of Agreement
CAO ANALYST:
Salvador Espino