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HomeMy WebLinkAboutbocc.res.036.20231 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY COLORADO, APPOINTING MICK IRELAND AS AN INDEPENDENT REFEREE (HEARING OFFICER) TO SIT ON BEHALF OF THE BOARD OF COUNTY COMMISSIONERS TO HEAR ABATEMENT PETITIONS RESOLUTION NO. 036-2023 RECITALS: WHEREAS, pursuant to Section 2.8.4 (Actions) of the Pitkin County Home Rule Charter (“HRC”), all matters not required to be acted upon by ordinance or formal resolution may be acted upon by informal resolution; and WHEREAS, pursuant to C.R.S. 39-8-102(2)(i) the BOCC has the authority to appoint independent referees (hearing officers) who are experienced in property valuations to hear abatement petitions on behalf of the BOCC, make findings and submit recommendations to the BOCC for its final action; and WHEREAS, due to the low volume of abatement petitions expected, it has been determined that one hearing officer should be appointed; and WHEREAS, the BOCC wishes to appoint Mick Ireland as a hearing officer to act on behalf of the BOCC and to hear abatement petitions thru June 30, 2024 with an option to renew for two additional one year terms upon written agreement by both parties. WHEREAS, pursuant to C.R.S. 39-10-114.5, if a petitioner is not satisfied with the Hearing Officer’s decision and BOCC’s ratification they could choose to go to the Colorado Board of Assessment Appeals; and WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it approves a Resolution of the Board of County Commissioners of Pitkin County Colorado, appointing Mick Ireland as an independent referee (hearing officer) to sit on behalf of the Board of County Commissioners to hear abatement petitions, and authorizes the Chair to sign on behalf of the county. Contract No. 169-2023 & Agreement Extension Attached 2 INTRODUCED, READ AND ADOPTED ON THE 14TH DAY OF JUNE 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS By: _________________________ By: _____________________________ Francie Jacober, Chair Julia Ely Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ John Ely, County Attorney _________________________________ Phylis Mattice for Jon Peacock, County Manager Jun-15-2023 LETTER OF ENGAGEMENT June 14, 2023 Project Name: Per Resolution Number 035-2023 Regarding Appointment of an Independent Referee to sit on Behalf of the Board of Equalization to Hear Tax Payer’s Appeals and per Resolution Number 036-2023 Regarding Appointment of an Independent Referee to Sit on Behalf of the Board of County Commissioners to Hear Abatement Petitions Name: Michael C. Ireland, PC Re: Hearing Officer for the 2023 Board of Equalization Process and Abatement Petitions Dear Mick: The purpose of this letter is to summarize the pertinent terms of Pitkin County's arrangement with you to provide the specified services enumerated in the following paragraph. The County's obligation under the Workers' Compensation Statute requires Pitkin County and you to formalize the terms of this engagement in writing. To serve as a hearing officer to hear tax disputes on behalf of the Board of Equalization for 2023 and to hear abatement petitions on behalf of the Board of County Commissioners thru June 2024 with an option to renew for two additional one-year terms upon written agreement by both parties. Compensation shall be at $175.00 per hour. It is mutually agreed that the County does not have an exclusive right to your services and it is contemplated that you may provide similar work to other businesses, governments and non- profit organizations. You acknowledge that the work performed for Pitkin County will be that of an independent contractor and that no employee-employer relationship is created. You have full control over how the services are performed and it is expected that work will be conducted in accordance with industry standards by applying professional judgment. The County will provide, if necessary, documents and information to complete the work described in the preceding paragraph. The County representative signing this letter is available to you to discuss any details related to this engagement. This letter of engagement will begin July 1, 2023 and terminate once all 2023 Board of Equalization valuation appeal hearings have been held and determinations ratified BUT IN THE EVENT ALL VALUATION HEARINGS AND DETERMINATIONS HAVE NOT BEEN COMPLETED, THIS AGREEMENT WILL TERMINATE on December 31, 2023 and will require a new document in succeeding years to be effective. This letter of Contract No. 169-2023 engagement regarding Abatement Petitions will begin July 1, 2023 and terminate on June 30, 2024 with an option to renew for two additional one-year terms upon written agreement by both parties and will require a new document in succeeding years to be effective. You acknowledge and agree that you shall not be entitled to workers' compensation benefits in connection with this project and that you shall be responsible for the payment of all state and federal income taxes. Compliance with House Bill 06-1343 and House Bill 07-1073 A.In compliance with House Bill 06-1343 and House Bill 07-1073 amending Title8 of the Colorado Revised Statutes by the addition of Article 17.5, IllegalAliens-Public Contract for Services, enacted by the General Assembly of the State of Colorado, the Contractor shall not: 1.Knowingly employ or contract with an illegal alien to perform work under this contractor; 2.Enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to performwork under this contract. B.In compliance with House Bill 06-1343 and House Bill 07-1073 enacted by the GeneralAssembly of the State of Colorado: 1.The Contractor has confirmed or attempted to confirm the employment eligibility of allemployees who are newly hired for employment in the United States through participation in the Basic Pilot Program [created in Public Law 208, 104th Congress, orits successor and expanded in Public Law 156, 108th Congress, or its successor, that isadministered by the United States Department of Homeland Security] and, if the Contractor is not accepted into the Basic Pilot Program prior to entering into thiscontract, the Contractor shall apply to participate in the Basic Pilot Program every threemonths until the Contractor is accepted or this contract has been completed, whichever is earlier. This provision shall not be required or effective if the Basic Pilot Program isdiscontinued. 2.The Contractor shall be prohibited from using Basic Pilot Program procedures toundertake pre-employment screening of job applicants while this contract is beingperformed. 3.If the Contractor obtains actual knowledge that a subcontractor performing work underthis contract knowingly employs or contracts with an illegal alien, the Contractor shallbe required to: a.Notify the subcontractor and the County within three days that the Contractorhas actual knowledge that the subcontractor is employing or contracting with an illegal alien; and b.Terminate the subcontract with the subcontractor if within three days ofreceiving the notice required pursuant to subparagraph (a) of this paragraph (3)the subcontractor does not stop employing or contracting with the illegal aliens;except that the Contractor shall not terminate the contract with the subcontractorif during such three days the subcontractor provides information to establish thatthe subcontractor has not knowingly employed or contracted with an illegalalien. 4.The Contractor shall comply with any reasonable request by the Department of Laborand Employment made in the course of an investigation that the Department of Laborand Employment is undertaking pursuant to the authority established in Subsection (5) of C.R.S. § 8-17.5-102. In all other respects the Agreement is in full force and effect and remains unchanged by this Amendment. If you are in agreement with the terms of this letter, please sign below. We appreciate the opportunity of working with you. Sincerely, ________________________________ _________________ Julia Ely, Date Clerk to the Board of County Commissioners AGREED: ________________________________ __________________ Mick Ireland Date Jun-14-2023 Jun-14-2023 Date: June 12, 2024 Mick Ireland VIA DocuSign or VIA E-Mail (if one or the other is applicable) RE: Contract No. 169-2023 (Letter of Engagement) – Appointing Mick Ireland to Sit on Behalf of the Board of County Commissioners to Hear Petitions for Abatement of Property Taxes Dear Mick: Terms and Extensions of the above referenced agreement dated June 14, 2023, states that the Engagement Agreement may be renewed for two additional one-year terms upon mutual written agreement of the Parties (paragraph 2 of agreement). Pitkin County has elected to renew the agreement for an additional one-year term beginning on July 1, 2024 and continuing thru June 30, 2025. In all other respects, the Engagement Agreement (attached hereto as Exhibit A) is in full force and effect and remains unchanged by this extension. If the renewal of this agreement is agreeable, please sign this letter in the space provided below and return it to Sam Engen samengen@pitkincounty.com Mick Ireland By: ____________________________________ COUNTY OF PITKIN, STATE OF COLORADO By: ____________________________________ Jeanette Jones, Records and Project Manager September 8, 2025 Mick Ireland VIA DocuSign or VIA E-Mail (if one or the other is applicable) LETTER OF AGREEMENT SUBJECT: Contract No. 169-2023 (Letter of Engagement) – Appointing Mick Ireland to Sit on Behalf of the Board of County Commissioners to Hear Petitions for Abatement of Property Taxes 1. PURPOSE: The purpose of this Agreement is to extend and reaffirm the working relationship between the County and the Hearing Officer for an additional one-year term. 2. EFFECTIVE DATE: This Letter of Agreement (“Agreement”) serves as confirmation of the extension of the existing agreement between Michael Ireland (“Hearing Officer”) and Pitkin County (“County”), approved pursuant to the Board of County Commissioners Resolution No. 036-2023 on June 14, 2023 with an effective date of the Agreement beginning July 1, 2025 and continuing through June 30, 2026. 3. TERM: The County and the Hearing Officer hereby agree to extend the terms of the agreement for an additional one-year period, beginning on July 1, 2025 and continuing through June 30, 2026. This Agreement is effective as of the date last signed and under the terms set forth below, attached hereto as Addendum A, and in the original agreement. 4. SCOPE: The Hearing Officer shall serve the County by performing duties as a hearing officer or independent referee, in accordance with applicable Colorado State statues. Responsibilities shall include conducting hearings, evaluating evidence presented by property owners and the County Assessor’s Office, and issuing impartial, written recommendations or decisions in a timely manner. 5. CHAPTER 2.08.060: CONDUCT OF PUBLIC MEETINGS: Public officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Public officials shall base their decisions on the merits and substance of the matter before them. COUNTY OF PITKIN, STATE OF COLORADO By: ______________________________ Date: ________________ Jeanette Jones, Records & Project Manager HEARING OFFICER: By: ______________________________ Date: ________________ Michael Ireland Sep-08-2025 Sep-08-2025 ADDENDUM A 1. RESPONSIBILITY: a. Pitkin County will: • Provide the Hearing Officer with access to necessary documentation, hearing schedules, and other equipment as needed, and applicable procedural guidelines. • Offering administrative support as needed to facilitate hearings. • Communicating all relevant deadlines and expectations to the Hearing Officer in advance. b. Other Party (Mick Ireland) will: • Conduct hearings in a fair, impartial, and professional manner. • Complying with all relevant State statues, County procedures, and ethical standards. • Reviewing case materials thoroughly and making evidence-based recommendations. • Submitting decisions or recommendations in writing within the timeframe specified by the County. • Maintaining confidentiality of all case-related materials. 2. STANDARDS OF CONDUCT: Attached to this Agreement is the County’s Hearing Officer Standards of Conduct. By signing this Agreement, the Hearing Officer acknowledges receipt of the policy and agrees to conduct all duties in accordance with the standards outlines therein. Adherence to the Standards of Conduct is a condition of continued appointment. EXHIBIT A: STANDARDS OF CONDUCT 2.08.010: APPLICABILITY The standards contained herein apply to the following: A. Board Members, which include: (1) Members elected to the Board of County Commissioners. (2) Members appointed to Volunteer Citizen Boards by the Board of County Commissioners. B. The County Manager and the County Attorney. C. The elected County Sheriff, County Assessor and County Clerk and Recorder D. Department Directors appointed by the County Manager E. County Hearing Officers. 2.08.020: PREAMBLE The citizens of Pitkin County are entitled to fair, ethical and accountable local government that earns the public’s confidence in the integrity of public officials. In keeping with Pitkin County’s commitment to the public trust, the effective functioning of democratic government therefore requires that: A. Public officials respect the laws and policies affecting the operations of government; and B. Public officials be independent, impartial and fair in their judgment and actions; and C. Public office be used for the public good, not for personal gain; and D. Public deliberations and processes be conducted openly, unless legally confidential, in an atmosphere of respect and civility. All public officials must understand, respect, and value the job, the organization, the employees, the citizens, and the common public interest. To this end, the Pitkin County Board of County Commissioners has adopted a Standard of Conduct for Public Officials to assure public confidence in the integrity of local government and its effective and fair operation. (Ord. 02-28, Exh. A, Ord. 005-10) 2.08.030: IMPLEMENTATION The Pitkin County Standard of Conduct is intended to be self-enforcing and shall be included in the regular orientations for new board members, and newly elected and appointed officials and Department Directors. In addition, the Standard of Conduct shall be reviewed by the Board of County Commissioners to consider recommendations and to update it as necessary. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.040: POLICY ROLE OF PUBLIC OFFICIALS Public officials shall respect and adhere to the Board-Manager structure of Pitkin County government as outlined by the Home Rule Charter. In this structure, the Board of County Commissioners determines the policies of the County with the advice, information and analysis provided by the public, boards and commissions, and County staff. (Ord. 02-28, Exh. A; Ord. 005-10) A. Board of County Commissioners: The primary responsibility of the members of the Board of County Commissioners is to establish the overall policies for the County and to exercise the powers, duties, and functions of the County in compliance with applicable law and the Home Rule Charter, through action at regular and special meetings and other job-related duties and functions. B. County Manager and County Attorney: The Primary responsibility of the County Manager is to execute the policies set by the Board of County Commissioners The Primary responsibility of the County Attorney is to be the chief legal officer of the Board of County Commissioners and the Administration. C. Department Directors: The primary responsibility of County Department Directors is to develop, communicate, and implement organizational policies, to recommend public and budgetary policies to the Board of County Commissioners and to implement policies of the Board of County Commissioners. D. Volunteer Citizen Board Members: The primary responsibility of the members of the various Citizen Boards is to exercise the duties and responsibilities vested in each board through formal action of that Citizen Board at regular and special meetings. E. County Hearing Officers: The primary responsibility of County Hearing Officers is to provide contract services to the County to conduct judicial or quasi-judicial proceedings on various County matters. 2.08.050: CONDUCT OF PUBLIC OFFICIALS The professional conduct of public officials must be of the highest standard. Recognizing that stewardship of the public interest must be their primary concern, public officials will work for the common good of all the people of Pitkin County, and will assure fair and equal treatment of all persons, claims and transactions coming before Pitkin County Boards. (Ord. 02-28, Exh. A; Ord. 005-10) Public officials shall be dedicated to the highest ideals of honor and integrity in order to merit the respect and confidence of the public. Public officials shall perform their duties in accordance with the processes and rules of order established by the County Commissioners governing the deliberation of public policy issues, with meaningful involvement of the public, and through implementation of policy decisions of the Board of County Commissioners by staff. (Ord. 02-28, Exh. A; Ord. 005-10) Public officials shall comply with the laws of the United States, the State of Colorado and Pitkin County in the performance of their public duties. These laws include, but are not limited to: The United States and Colorado constitutions; the Pitkin County Home Rule Charter; laws pertaining to conflicts of interest, election campaigns, financial disclosures, employer responsibilities, open processes of government; and County ordinances and policies. (Ord. 028-02, Exh. A; Ord. 005- 10) 2.08.060: CONDUCT OF PUBLIC MEETINGS Public officials shall prepare themselves for public issues, listen courteously and attentively to all public discussions before the body, and focus on the business at hand. Public officials shall base their decisions on the merits and substance of the matter before them. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.070: COMMUNICATION Public officials shall publicly share all information regarding a matter under consideration that they may have received from sources outside the public decision-making process. Board members and County Hearing Officers involved in quasi-judicial land use decisions or other judicial or quasi-judicial decisions shall disclose any such communications at the public hearing or public meeting. (Ord. 02-28, Exh. A; Ord. 005-10) After an application has been submitted to the County, Board Members and County Hearing Officers shall not intentionally engage in communications with interested parties regarding issues upon which they must make a judicial or quasi-judicial decision at a public meeting or public hearing. Judicial or quasi-judicial decisions are those for which there is a specific applicant (or appellant) requesting a decision from the Board Members or Hearing Officer, based upon specific facts to be considered at the hearing or meeting and made a part of the record. (Ord. 044-05 § 2.10.070 amended (part) Res. 044-05; Ord. 005-10) For other Department Directors not identified as subject to the Home Rule Charter provisions and for Volunteer Citizen Board members and County Hearing Officers the following conflict of interest policy shall apply: • A conflict of interest is a disparity between the private interest and the official responsibilities of an individual in a position of trust in government. This policy is intended to prevent conflicts of interest without obstructing fair and speedy resolution of issues that come before the County. • No Department Director, Volunteer Citizen Board Member, or County Hearing Officer shall vote or otherwise participate in a decision-making process which affects any property, asset, or entity in which they have a known significant financial interest or in which any member of their family has a known significant financial interest. Family is defined as spouse, parent, brother, sister, grandparent, child, grandchild, step-child, step- parent, step-grandparent, mother-in-law, father-in-law, brother-in-law, sister-in-law, son- in-law, daughter-in-law, or any individual who is a part of the Department Director’s, Citizen Board Member’s, or County Hearing Officer’s immediate household. Any Department Director or Volunteer Citizen Board Member otherwise barred from participating in a discussion pursuant to this chapter may, if requested by their respective board or the County Manager, give information about the issue in which they or their family has a financial interest. A County Hearing Officer may not hear a matter in which they or their family has a financial interest. • This prohibition and the prohibition on institutional conflicts in paragraph B below, shall not prevent Department Directors from performing their work for the County, so long as any financial interest held by a Department Director is not in conflict with the common public interest, and is disclosed to the County Manager or, in the case of the County Manager, to the Board of County Commissioners. The County Manager has the discretion to direct a Department Director to refrain from participation when a conflict exists. • If an issue arises in which a Volunteer Board Member believes they may have either a private or an institutional conflict of interest, they must disclose that potential conflict of interest to their respective board and the County Attorney for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before them, they will refrain from participation as a board member in the decision-making process or voting on that issue. A board member may vote on an issue notwithstanding the conflict only if their participation is necessary to obtain a quorum or otherwise enable the board to act. • If an issue arises in which a Department Director believes they may have a conflict of interest, they must disclose that potential conflict of interest to the County Manager for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before them, they will refrain from participation in the decision-making process or voting on that issue. • If an issue arises in which a County Hearing Officer believes they may have a conflict of interest, they must disclose that potential conflict of interest to the County Attorney for an opinion on the validity of the conflict. If determined to be in conflict regarding the issue before them, they will be disqualified from acting as Hearing Officer on that matter. B. Institutional Conflicts of Interest: An institutional conflict of interest occurs when a Public Official is a member of a board, group, or organization that is requesting action from the Public Official or the Board of County Commissioners of Pitkin County or volunteer Citizen Board of which the Public Official is a member, and the action requested provides a benefit to the board, group, or organization that is different from the common public interest. No Public Official shall vote or otherwise participate in a decision making process requested by a board, group, or organization of which he or she is a member when an institutional conflict of interest exists. The process for handling these institutional conflicts are the same as expressed in this Standard of Conduct for handling private conflicts. Institutional conflicts of those Public Officials subject to the Home Rule Charter provisions on conflicts are governed by the Home Rule Charter process. (Ord. 02-28, Exh. A § 2.10.080 amended (part) Res. 002-05; Ord. 005-10) 2.08.090: GIFTS AND FAVORS Public officials shall not take any special advantage of services or opportunities for personal gain, by virtue of their public office. They shall refrain from accepting any gifts, favors or promises of future benefits which might compromise their independence of judgment or action or give the appearance of being compromised. Acceptance of nominal gifts in keeping with special occasions, meals and refreshments in the ordinary course of business, or social courtesies, which promote good public relations and encourage participation in community events, is permitted. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.100: CONFIDENTIAL INFORMATION Public officials have a duty and obligation to promote what should be public and a duty and obligation to protect what should be confidential. Public officials shall respect that certain information concerning the property, personnel or affairs of the County is confidential. They shall neither disclose confidential information, nor use such information to advance their personal, financial or other private interests without prior authorization from their respective boards. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.110: USE OF PUBLIC RESOURCES Public officials shall not use public resources not available to the public in general, such as County staff time, equipment, supplies or facilities, for personal gain. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.120: REPRESENTATION OF PRIVATE INTERESTS In keeping with their role as stewards of the public interest, board members shall not appear before their own boards or before the commissioners on behalf of the private interests of third parties on matters related to the areas of service of their boards. (Ord. 02-28, Exh. A; Ord. 005- 10) 2.08.130: ADVOCACY Board members shall represent the official policies or positions of their board to the best of their ability when designated as delegates for this purpose. When presenting their individual opinions and positions, board members shall explicitly state they do not represent their body or Pitkin County, nor will they allow the inference that they do. (Ord. 02-28, Exh. A; Ord. 005-10) 2.08.140: INDEPENDENCE OF BOARDS AND HEARING OFFICERS Because of the value of the independent advice of Volunteer Citizen Boards and County Hearing Officers to the public decision-making process, members of Board of County Commissioners shall refrain from using their position to unduly influence the deliberations or outcomes of appointed board or hearing officer proceedings. (Ord. 02-28, Exh. A; Ord. 005-10)