§ 2-1384. Contract compliance hearing officer.

(a)

Appointment and term. The mayor shall appoint a contract compliance hearing officer and an alternate hearing officer, to be confirmed by the city council. No employee or elected official of the city shall be appointed who is a contractor or subcontractor or who owns any interest in any contracting or subcontracting firm or who does business with the city as a contractor. The officer shall serve for a two-year term and shall not be eligible to serve more than two consecutive terms.

(b)

Authority. Unless an action has been initiated previously in the courts for essentially the same cause of action, the contract compliance hearing officer shall have the authority to review and determine:

(1)

Any appeal by a contractor, bidder or offeror from a determination of noncompliance with the equal employment opportunity in purchasing and contracting requirements in division 11 of this article made by the contract compliance officer;

(2)

Any appeal by a contractor, bidder or offeror from the refusal of the contract compliance officer to place the contractor, bidder or offeror on the list of precertified businesses, pursuant to section 2-1416;

(3)

Any appeal from a denial of certification of a business as an African American business enterprise (AABE), Asian Pacific American business enterprise (APABE), Hispanic American business enterprise (HABE), or female business enterprise (FBE) by the contract compliance officer under division 12 of this article; and

(4)

Any appeal by a contractor, bidder or offeror from a determination of noncompliance with the requirements regarding minority and female business enterprises in division 12 of this article, when applicable, made by the contract compliance officer.

(c)

Duties and compensation. A contract compliance hearing officer shall hold hearings upon appeal by any contractor, bidder or offeror. The hearings shall be held in any municipal building and shall be open to the public. Each hearing officer shall be paid the sum of $300.00 per day or for any portion of the day that the hearing officer serves. Administrative services, as may be required by the officer, shall be furnished by the departments and agencies of the city.

(Ord. No. 2009-78(09-O-1876), § 10, 12-15-09)