HomeMy WebLinkAbout2002 Resolution No. 084•
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RESOLUTION NO . ff!t
SERIES OF 2002
A RESOLUTION REMOVING A PERSON FROM THE HEARING OFFICERS LIST AND
THE APPOINTMENT OF A NEW PERSON TO THE LIST OF PERSONS ELIGIBLE FOR
APPOINTMENT AS HEARI NG OFFICERS FOR DISCIPLINARY AND MERIT APPEALS.
WHEREAS, the Englewood City Council passed Ordinance No.19, Series of 1996
whlch modified th e Englewood Municipal Code in regard to disciplinary and merit appeals:
and
WHEREAS , Ordinance No . 19, Series of 1996 rep ealed the d•1ties of the Englewood
C'oreer Service Board and provided that in matters of disciplina ry an,t merit appeals, the
(. 1ty Co uncil would ap point hearing officers to hold hearings and make D..iJC1ings and
determinations: and
WHEREAS , the Englewoo d City Council passed Resolution No.47, Series of 2002,
establishing a list of qualified persons for appointment as Hearing Officers for disciplinary
and merit grievances fol" a period of one year with the right to be reappointed by Co un cil on
an annual basis ; and
WHEREAS , Harry N. MacLean has requested the removal ofhls na me from the list
as he is working on other projects and will not be able t.o act as a hearing officer.
NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNC IL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT :
5l:l:tism..l. The City Cou nc il of the City of Englewood. Colorado, hereby approves the
removal of Harry N. MacLean from the list of Hearing Officers anti appoints John P.
DiFalco to the list of qualified Hearing Officers . The list of qualified Hearing Officers is now:
Bennett S. Aisenberg
Ronald J. Cohen
John P . DiF slco
ADOPTED AND APPROVED thls ,3M day of September, 2002.
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I , Lou cri ehia A. Ellie, City Clerk for~ City ofEnglow
above is a true copy of Resolution No .£±. Series of 2002 .
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Education Ohio State University {BA-1965 ; ID-1968 ); University of Northern ColOt:ldo (MA-
1986).
Professional Ass ociations American Bar Association (Committee on Public Employee
Bargaining); Colorado Bar Association (Labor Law Section); Federal Bar Association (Public Sector
Labor Re lations Connnittee; Arbitration Committee; Office Manag""aent Connnittee); Industrial
Relations Re sc:irch Association; Phi Delta Phi International Lego ! Fraternity; International Platform
Association; Society for Professionals in Dispute !tesolution.
Professional Licenses Admitted to the Bar: Ohio, 1968; Coiorado , 1912; District of
Columbia, 1987; U.S . District Co~ Di strict of Colorado; U.S. Coun of Appeals: Tenth and Federal
(1986) Cin:uits; U.S . Supreme Coun.
?ublkatiw1s and Spo!aking Engagements "Tue New Ethics Re:iuJatio!lS --Confusin,
acrfLikel, to 'le Changed," POSTMASTER'S ADVOCATE, March 1991; "S,,xual Herassment
. ilcvisirc<l," P0STMASTER'S ,\DVC:C1'.TE, May/Jur.e I 989; "S~preme Ccun J>ermits Cf5ce
Searches of Public Employee,." PCSTMASTER'S ADVOCATE, Der.ember 198i; "Twen_,y rJtles
· ior Effective .V.eaningt.tl Bargaining." P'.)STMASTER'S ADVOCATE , August I S87; 'Chtlrlren as
Negotiator.a: ls Theirs an Acquired er lr.herited Trait?" POS"i1,IASTE?.'S ADVOCATE, June 1987; .
'The Law and Policy on Sexual Har:isS>nent," NATIONAL i.EAGUE OF Ci.TIES, I SS.-,; "Cuilcctive
Bargaining," NEW ENGLAND MUNICIPALITIES; !982, reprinted, NlMLO LAW oor:KET,
1983, one WASHINGTON A.SSOCIATION OF CmES. 19 33; "Negctiation lmj:asse Pl=ing,"
OKLAHOMA MUN!CI:> AJ .frIES, 198 l ; "Municipal Strike Planning," COLC·RADO
MUNICIPALITIES, 1980; SUPERV150R'S GUIDE TO DISCIPLINE, 1979 , revised 1985;
'Management Negotiators: A New Breed," NATION'S CITIES , May 1978; 'Rights of Criminals
While In carcerated_'' OHlO STATE UNIVERSITY LAW JO URNAL, 1978 ; DISCIPLTI-,E A.'ID
GRJEVAi'ICE HAi'IDLlNG. 1973 , re vised 1986.
Alternative Dispute Resolution Training Bas ic AAA Arbitrator Training, Denver;
AAA Advanced Arbitrator Training, New York.
Compensation $800 .00 Per Da y
PD chgd fo r each day of hearing, consideration of evidence, and prep of award. Cancel fee : w/in 14
days~! day for each sched day; 5400/sched day ifw/in 15-30 days prior to the sched bearing date. If
postponed-rescheduled w/in I -l day period and then wi:lrawn or settled, cane. fee applies. Docketing
fee : S50 .00.
Languages Italian
Citizenship United States of America
Locale Fort Collins, CO
Joh n P. DiFalco, E~q.
1J669
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COUNCIL COMMUl'l'ICATION
Date Agen da Item Subject
Sep tember 3, 2003 11 Ci A Reso lution to Remove an
app oint ed H ea rin g Officer and
appoint another to replace him .
Initi ated By St aff Source
Human Resources Sue Eaton, Direc to r of Human Resources
RECOMME NDED ACTION
The sta ff reco mm ends th e Engle wood City Co unc il remo ve, by reso lution, one of the prev iously appointed
H ea ring Officers on the list approved in 2002 to hear Meri: and Disciplinary appeals, and to appoint
another to tak e his pla ce .
BACKGROU ND, ANA LYSIS, AN D ALTERN ATIVES IDENTIFIED
The Englewood City Coun ci l passed reso lution No. 47, Seri es of 2002 appointing a panel of qua lified
Hearing Officers to hear Disciplinary and Merit Appea ls. The pan el, o nce es tablish ed, may be re-appoi nted
by th e Council on an annual basis. One of th e ap pointed Hearing Officers, Harry N. Maclean, has
requ es ted th e removal of his name fr o m the pa nel. Jo hn P. Difalco is re comm ended for Co unci l's approva l
to replace M r. Maclean on the pane l.
LIST OF ATTA CHME NTS
Resolution
Resum e of Jo hn P. Difalco