02-24-10 Council Agenda - Laserfiche WebLink

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The Hearing Officer shall ensure that all data provided to him in relation to a hearing is retained, whether it received from the Department, the Recipient, or a third-party witness. The I-Tearing Officer shall not respond directly to any requests for data, whether from tho Recipient or a third party, but shall refer any such requests to the Data Practices compliance officer at the Department. T'he Hearing Officer shall handle all materials and testimony received as confidential prior to returning a decision on a given matter, except: a) to the extent necessary for fair conduct of a hearing; b) disclosut•e to the Recipient of materials received from the Department for the hearing; and c) to comply with direction given by the Department's Data Practices compliance official or a court order. 4.0 RESPONSIBILITIES OF CITY ANll DEPARTMENT The City shall provide a suitable space for conducting hearings. `fhe City's law enforcement agents, the Department shall ensure that case materials are delivered to the I-Tearing Officer without delay following assignment. The Department shall be responsible for the retention of government data collected or created under the administrative citations program and response to any requests for data relating to any citation. The Department shall assign cases to the T-Tearing Officer on a fair an equal basis with any other retained hearing officers, but is not obligated to assign any particular share of cases to the Hearing Officer. 5.0 INDEPENDENCE OF HEARING OFFICER T'he T-Tearing Officer shall remain neutral and independent from the City, the Department and any of the other municipalities contracting with the Department for Taw enforcement services. This Agreement does not create, and shall not be construed to create, an employment relationship between the Hearing Officer and the City, the Department or any other contracting municipality. "The Hearing Officer is an independent entity, providing services under contract to the City and the participating municipalities. The T-Tearing Officer is solely responsible for ensuring compliance with tax laws and other regulations applicable to the work performed under this Agreement. 6.0 COMPENSA'I'T()N The Hearing Officer shall receive compensation for hearing services in an amount of Fifty Dollars ($50.00) per hour dedicated to carrying out duties under this Agreement. For any heating date, the Hearing Officer shall receive at a minimum competsation fot• two (2) hours' time, unless the T-Tearing Officer is notified of a cancellation at least fourteen (14) days in advance of the scheduled date. Said compensation is due to I-Iearing Officer on the 10`x' day of any month following one in which Hearing Officer Retainer Agreement for I tearing Officer Services Page 3 of 5 4