Title
Administrative Hearing Officer - Reappointment
History
On October 23, 2020, the Village of Orland Park issued a Request for Qualifications (RFQ) seeking experienced attorneys or qualified firms to provide adjudication services as an Administrative Hearing Officer pursuant to a Professional Services Agreement with the Village.
On March 15, 2021, the Village Board approved a Professional Services Agreement with Attorney David G. Eterno to serve as the Village’s Administrative Hearing Officer for the adjudication of municipal code violations and traffic offense violations. The Administrative Hearing Officer serves as an independent contractor and not as a Village employee and is retained on an at-will basis.
The Administrative Hearing Officer is responsible for administering the Village’s adjudication process, including but not limited to:
• Serving as a hearing officer as provided by law;
• Hearing testimony and accepting evidence related to applicable Village Code violations;
• Administering oaths and affirmations to witnesses;
• Issuing written findings, decisions, and orders determining liability or non-liability based upon the evidence presented at the hearing and the records, including findings, decision, and order;
• Imposing penalties and fines in accordance with applicable Village Code provisions;
• Adhering to all applicable Village policies, procedures, ordinances, and statutory requirements;
• Creating and preserving an accurate hearing record;
• Regulating the course of hearings in accordance with adopted rules and regulations;
• Issuing subpoenas when appropriate;
• Enforcing all policies, laws, rules, and regulations in a fair and impartial manner;
• Maintaining all required training and professional qualifications;
• Remaining current on relevant legal developments and requirements; and
• Utilizing software and technology associated with the Village’s adjudication program.
Staff have been highly satisfied with Attorney David G. Eterno’s experience, responsiveness, professionalism, and overall performance in serving as the Village’s Administrative Hearing Officer. Based on his continued success in this role and his familiarity with the Village’s adjudication process, staff recommend continuing services with Attorney Eterno at a rate of $175.00 per hour, based on his Memorandum of Renewal Agreement.
Financial Impact
Services are budgeted in the General Fund, Non-Departmental Legal Fees Account #1005000-432100.
Recommended Action/Motion
I move to confer reappointment of David G. Eterno, as Village Administrative Hearing Officer and execute the Memorandum of Renewal Agreement for his services as fully presented.
(Full motion - not necessary to be read)
I move to approve the waiver of the competitive bid process and authorize the execution of the Memorandum of Renewal Agreement with Attorney David G. Eterno, for the continuation of Administrative Hearing Officer services at a cost of $175.00 per hour, for two (2) years, through June 15, 2028;
AND
Authorize the Village Manager to execute all related contracts and documents subject to Village Attorney Review.