Chapter 3.52
INDEPENDENT HEARING OFFICERS

Sections:

3.52.010    Appointment.

3.52.020    Qualifications.

3.52.030    Compensation.

3.52.040    Duties.

3.52.050    Conflict of interest.

3.52.060    Ex parte communications.

3.52.010 Appointment.

When required under this title, the mayor will appoint an independent hearing officer. (Ord. 16-06 § 3, 2017)

3.52.020 Qualifications.

An independent hearing officer must be an attorney licensed to practice law in the state of Alaska, or have training and experience in arbitration, mediation, or employment law. An independent hearing officer may not hold any other appointed or elected office or position with the borough. (Ord. 16-06 § 3, 2017)

3.52.030 Compensation.

An independent hearing officer will receive compensation on a prorated hourly rate. An independent hearing officer will also receive compensation for reasonable expenses incurred in carrying out the duties of this chapter. (Ord. 16-06 § 3, 2017)

3.52.040 Duties.

Independent hearing officers shall have jurisdiction over appeals from the personnel officer’s decision as described in Chapters 3.40 and 3.48 NABC. (Ord. 16-06 § 3, 2017)

3.52.050 Conflict of interest.

An independent hearing officer shall not hear a case in which the officer has a conflict of interest. Conflict of interest is defined in Chapter 2.36 NABC. (Ord. 16-06 § 3, 2017)

3.52.060 Ex parte communications.

A. An independent hearing officer acts in a quasi-judicial capacity and must not engage in ex parte communications concerning an appeal with borough employees, interested parties, members of the assembly, the appellant, or any parties associated with the decision pertaining to the appeal.

B. If an ex parte communication occurs, the independent hearing officer must disclose the communication on the record prior to rendering a decision. The independent hearing officer shall only take information brought forward in an appropriate manner into consideration. (Ord. 16-06 § 3, 2017)