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Home My WebLink About2007 Resolution No. 003• • • RESOLUTION NO . ..3_ SERIES OF 2007 A RESOLUTION SE1 TING THE LIST OF PERSONS ELIGIBLE FOR APP0INTMENT AS HEARING OFFICERS FilR DISCIPLINARY AND MERIT APPEALS. WHEREAS, the Englewood City Council passCII Ordinance No . I 9, Series of 1996 which modified the Englewood Municipal Code in regard to disciplinary and merit app .. ls; and WHEREAS , Ordinance No. I 9, Series of 1996 repealed the duties of the Englewood Career Service Board and provided that in matters of disciplinary and merit appeals, the City Council would appoint hearing officers to hold hearings and make findings and detenninations ; and WHEREAS , the passage of this Resolution wi ll ~rovide a list of persons for appointment as hearing officers for a period of one year and who may be reappointed by Council on an annual basis; NOW, H EREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: ~-The City Council of the City of Englewood, Colorado, hereby approves the following persons for appointment as hearing officers for disciplinary and merit appeals by the City of Englewood: Bennett S. Aisenberg Ronald J. Cohen John P. Difalco ADOPTED AND APPROVED this 16th of January, 2007 . I, Loucriahia A. Ellis, City Clerk for 14!' City of Englewood, C above is a true copy of Resolution No . ~ Series of 2 7 . • COUNCIL COMMUNICATION Date: January 16, 2007 Initiated By: I Agenda Item: 11 Ci Human Resources Department RECOMMENDED ACTION I Subject: Re ·1•Jti on Re-appointing Hearing Officers I Staff Source: Sue Eaton, Director of Human Resources Staff reco mmends the Engl ewood City Council adopt a Res oluti on re-appointing those Hearin g Officers on the list approved in 2005 to hear Merit and Dis cip linary appeals. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council passed Resolution No. 81, series of 2005 appointing a pan el of qualified Hearing Officers to hear Disciplinary and Merit Appeals. The panel, once established, ma y be re-app oi nted by the Council on an annual basis. • LIST OF ATTACHMENTS Resolution Resumes of Current Panel of Hearing Officers • • • • BENNETT S. AISENBERG RESUME Law Offices of Bennett S. Aisenbe1g, PC., Denver, Colo1ado, 1980 -p1esent Paitne1, Gms uch, Kiigis, Campbell , Walker and Grover, Denver, Colorado , 1958 -1980 B.A , Economics, Brown University, 1952 LL .B , Harvard Law School , 1955 US. Almy, 1955-1957 Marquis Who 's Who in Ameiica President, Brown University Club of Colorado, 1967 -1970 President, Hruvard Law Schoo l Association of Colo1ado, 1984 -1985 Denver, Colorado , Massachusetts , and American Bar Associations Colorado Bar Foundation American I rial Lawyers Association Colorado Trial Lawyers Association, Borud Member, 1977 -1984; President, 1984 - I 985 ; Life Tit,1e Achievement Award, 1996 Lecturer , Colorado Trial Lawyers Association , 1973 -present Trial Lawyers for Public Justice, State Chairperson (Colorado) Founding Member , Public Justice Foundation International Society of Baniste rs Certification as a Civil Trial Advocate, National Boaid of Trial Advocacy, 1984 -1994 Judicial Nominating Commission (Dcnvcr) -Gubcrnatorial Appointment, 1988 -1994 • • • :-lESU ME OF RONALD J . COHEN 2325 West 72nd Av enue Denver, Col orado 80221 303 -4 27-758 4 Qualifications : Juris Doctor Degree Un iversity of De nver June, 1968 Admitted by Colorado Supreme Court Octo ber, 196 8 Admit ted by United States District Court October, 1968 Adn ,itted by United States Cour t o f Appeals March, 1971 Admitted by Unite d States Supreme Court March, 1972 General Legal Experience : Staff Attorney ~e nver Legal Aid Society -1969 Associate Attorney Berger, Rothstein & Gehler At tor neys at Law Commerce City, CO -1970-1972 Partner Gehler & Cohen Attorneys at Law Commerce City, CO -1972-1982 Sole Practi tioner Ro nald Co hen, Attorney at Law Denver, CO -198 2 to pre s ent Municipal and Governmental Legal Experience: Assistant Count y Attorney Adams County, CO -1970-1972 Ass i stant City Attorney anrl Prosecuting Attorney Commerc~ City, CO -1970-1;82 Prosecuting Attorney Northglenn, CO -1970-1972 Assistant City Attorney and Prosecuting Attorney Erighton, CO -1972-1982 City Attorney Lafayette, co 197s-19qo Personnel Hearin9 Officer: Northglenn, CO Blackhawk, CO Parker, CO Elizabeth, CO Little ton, co Englewo od, CO Judicial Experience: Presiding Judge Northglenr,, CO -1982 to pre sent Presiding udge Federal Heights, CO -198 2-1990 _Presiding Judge Commerce City, CO -1987 to 2002 Presiding Judge Lochbuie, CO -1999 to 2002 Presiding Judge Hudson, CO -2001 to present Administrative Law Judge Adams County, CO -1988 to 1994 • • • • • • NAME: AMERICAN ARBITRATION ASSOCIATION RESUME FORM Cenlreatone Bu1ine11 P ■rk, 8010 Soulh County Road 5. Suhe 206 • Winds or, CO 805 28,9004 • Telepho,,e: (970) 530-2121 • Facsimllt: (970) 530-2122 • John P. Difalco CURRENT EMPLOYER/fITLE: Self-employed -Arbitrator/Mediator DiFalco Corporation -President OCCUPATION : Attorney , Arbitrator EXPERIENCE: Over 35 years of experience as a civil trial lawye r spec ializing in government, administrative, and business contract law including signficant experience in the practice of arbitration, mediation, and other fom .s of alternative dispute resolution . As a municipal attorne y, participated in the construct ion management of major projects inlcuding performing arts center; senior center; recreation fac iii ties ; airport improvements ; and wastewater, transportation , and waterways. Familiar with disputes relating to differing site conditi ons; design defects; change orders ; surety bonds ; and municipal , state , and federal contract law . Pos sesses considerable government experience, inc ludi ng negotiations with federal and state government agencies in connection with the construction of public buildings, wastewater and water treatment facilities, transit systems, and airports. Adjunct Professor Law at Regis University in Denver , Colorado . Arbitrator since 1980. .'\s panelist fo r the American Arbitration Association and the Federal Mediation and Conciliation Service , has engaged in the practice of labor, commercial, and construction arbitration, mediation, and other alternative dispute resolution. Clients include numerous public and private entities throughout the nation. Experience in mediating or arbitrating cases involving arbitrability, contract interpretation , delays , design defects, product liability , rem edies, and many other issues. ISSUES: Arbitrability, benefits , cotnract interpretation, discharge , discipline , discrimination, external law, grievance procedure , job ass ignments , job classification , pay , seniority, subcontracting out, tenure issues (higher education), timeline ss. INDUSTRIES: Entertainment, government (federal, state and local), grocery, higher education, meat packing, mining, oil and gas, postal, professional Spotts, public utilities, retail , schools, steel, telephone , transportation. WORK HISTORY: President, Difalco Corporation, 1980-prescnt; Owner, John P. Difalco & Associates , P.C., • 1987-2003; City Attorney, City of Greeley, CO, 1980-1987; Chief Negotiator/Labor Relations Attorney, Ci ty/County of Denver, 1977-1980 ; Hearing Examiner, U.S. Postal Service, 1972- 1977; Attorney & Labor Relations Specialist, U.S. Postal Service, 1972-1977, Attorney, Real Estate and Procurement; General Counsel, U.S. Postal Service. EDUCATION: Ohio State University (BA-1965; JD-I 968); University of Notthem Colorado (MA-I 986). PROFESSIONAL ASSOCIATIONS: American Bar Association (Committee on Public Employee Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Committees on Public Sector Labor Relations, Arbitration Committee , and Office Managem ent Committee); Indu strial Relations Research Association; Phi Delta Phi International Legal Fraternity; International Platform Association; National Academy of Arbitrators. PROFESSIONAL L1CENSES: Admitted to the Bar: Ohio, I 968; Colorado, 1972; Distri ct of Columbia, I 987; U.S. District Coun, District of Co lorado; U.S . Coun of Appeals: Tenth and Federal (1986) Circuits; U.S. Supreme CouH (1972). PUBLICATIONS AND SPEAKING ENGAGEMENTS: "The New Ethics Regulations· Confusing and Likely to Be Changed", POSTM .',STERS ADVOCATE, March 1991; "Sexual Harassment Revisited", POSTMASTERS ADVOCATE , May/June 1989; ·'SJoreme Coun Permits Office Searches of Public Employees", POSTMASTERS AL VOCATE, December 1987; "Twenty Rules for Effective Meaningful Bargaining", POSTMASTERS ADVOCATE, August 1987; "Children as Negotiators: Is Theirs an Acquired or Inhe~ited Trait?", POSTMASTERS ADVOCATE, June 1987; "The Law and Policy on Sexual Harassment", NATIONAL LEAGUE OF CITIES, 1984; "Collective Bargaining", NEW ENGLAND MUNICIPALITIES , I 982 ; reprinted, NIMLO LAW DOCKET, 1983 and WASHINGTON ASSOCIATION OF CIT:ES, 1983; "Negotiation Impasse Planning", OKLAHOMA MUNICIPALITIES, 1981; "Mu nicipal Strike Planning", COLORADO MUNICIPALITIES, 1980 ; SUPERVISOR'S GUIDE TO DISCIPLINE, I 979, revised I 985; "Management Negotiators: A New Breed", NATION'S CITIES, May 1978; "Rights of Criminals While Incarcerated", OHIO STA TE UNIVERSITY LAW JOURNAL, 1978; DISCIPLINE AND jRJEV ANCE HANDLING, 1973, revised I 986. ALTERNATIVE DISPUTE RESOLUTION TRAINING: Basic AAA Arbitrator Training, Denver, CO; AAA Advanced Arbitrator Training, New York, NY; Labor Arbitrator II, Phoenix , AZ; Advanced Arbitrator Training, Phoenix, AZ. LOCALE: Fort Collins, CO/Denver, CO/Loveland, CO • • • • • Denvei Bar Association -P1esident 1991 -1992; T1ustee, 1982 • 1985, 1987 -1990; Rep1esentative to Board of Govemo1s of Colorado Bar Association, 1978 • 1980; Chairperson , Entertainment Committee, 1975 -1977; Chairperson, Task Force to Assess Legal System, 1985 -1986 ; Award ofMerit, 2003 Color ado Bar Association -President, 1998 -1999; Chaitpeison, Interprofessional Committee, I 978 -1980; Chaitpeison, Alte1native Disputes Resolution Committee on Employment, 1979 -1980; Ethics Committee, 1986 -present; Amicus Cwiae Committee, 1991 -1994 lnstructo1, Torts, Univ ersity of Den ve,, School of Law, 1961 -1963 Instructor, Real Estate Law, University of Colorado Extension School, 1960 -1963 Instructor, National Institute for Trial Advocacy, 1985 -1990 Ame, ican Board of Trial Advocates National Academy of A1bitrators ; Member , Committee on Law and Legislation, 1986 - present; Rocky Mountain Region Chairperson, 1984 -1985 Labor Arbi!Jator, Fede1al Mediation and Conciliation Se,vice 2