Website City of Berkeley
Berkeley is a city with a small population and a big reputation. In California alone, there are more than 30 cities bigger than Berkeley. In Alameda County alone, Berkeley is ranked fourth in population behind Oakland, Fremont, and Hayward. And yet, we are famous around the globe as a center for academic achievement, scientific exploration, free speech, and the arts.
Position Summary :
The City of Berkeley is searching for an Administrative Hearing Examiner in the City Manager’s Office. This position conducts administrative review hearings on contested parking citations parking citation appeals, business license tax appeals, license revocations, and makes findings of fact and renders decisions; reviews Police Review Commission (PRC) findings; and performs related work as assigned.
Incumbents listen to appellant’s and respondent’s testimony, may elicit clarifying information, accepts evidence, evaluates both testimony and evidence in a written decision that applies the relevant law to the facts of each case and then renders a decision as to the City Manager’s designated representative. The work requires the exercise of independence and judgment. This class is distinguished from the Hearing Examiner which conducts administrative hearings and settlement mediation conferences related to the enforcement of City rent ordinances and codes, renders written decisions on petitions filed under the ordinance and prepares settlement agreements.
Duties of the Administrative Hearing Examiner may include:
Conducts administrative hearings for citizens on contested parking citations; makes findings of fact and renders written decisions;
Reviews information and data as presented by the applicant and the City for accuracy, and responds to particular petitions;
Conducts business license tax appeal and taxi and street vendor license revocation appeal hearings; explains the hearing procedure, takes evidence and testimony from appellant and city’s representative, tape records hearings, evaluates evidence and renders a written decision;
Reviews Police Review Commission findings and all evidence presented at the hearing, review Police Department’s Internal Affairs Bureau evidence and determination, may research the applicable law and procedures, and prepares a written review of the PRC decision;
Reviews and renders decisions on parking violations, contested in writing, in accordance with Section 40215 of the California Vehicle Code;
Analyzes procedures and practices, and implements or recommends implementation of new procedures or practices; reviews the Municipal Code to determine in which instances administrative hearings or appeal procedures could or should be instituted, reinforced or made more consistent; and may draft language for ordinances;
Retains evidence in all cases which are taken under submission; promptly notifies persons contesting a parking violation in person or in writing by first-class mail.
Skills and Competencies :
Knowledge of: Organization, duties, powers, limitations and authority of California State Vehicle Code and the City’s traffic ordinances; Legal principles and practices including civil, substantive and administrative law and procedure; legal ethics and professional conduct; Ordinances, statutes and court decisions and sources of legal reference relating to local, state and federal law, judicial procedure, and rules of evidence; Methods of legal research; and Dispute resolution and mediation methods and techniques.
Skill in: Resolving disputes through mediation and negotiation; Planning, organizing and conducting administrative hearings; Interpreting and applying legal principles and precedents to parking citations, business and vendor licenses revocations and fees, and effective formulation of sound decisions and judgments; Conducting research on legal issues and problems and preparing legal opinions; Presenting statements of law, fact, and argument clearly and logically; Preparing clear, concise and complete hearing summaries and other written correspondence; and Establishing and maintaining effective communications with staff & citizens of diverse ethnic and economic groups and others contacted in the course of the work.
Equivalent to graduation from a four-year college with major coursework in law, business, or public administration or a closely related field,
Four (4) years of professional experience in administrative law, paralegal, mediation, arbitration or similar experience; a Juris Doctorate may be substituted for the above experience.