ACTION REQUESTED:
Title
APPOINTMENT by Mayor Ardis to the Position of HEARING OFFICER for Adjudicating PUBLIC SAFETY EMPLOYEE BENEFITS ACT (PSEBA) Claims Pursuant to Section 2-350 of the Code of the City of Peoria, with a Request to Concur:
Mr. Robert C. Gates, Esq.
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BACKGROUND:
Public Safety Employee Benefits Act (PSEBA), 820 ILCS 320/1, et seq., requires any employer that employs a full-time law enforcement officer or a firefighter to pay, in the event he/she suffers a catastrophic injury or death in the line of duty, the health insurance premiums for the employee for his/her lifetime, the employee’s spouse until remarried, and the employee’s children until adulthood (up to 25 years of age). On June 25, 2013, the City Council passed Ordinance No. 16,984 that amended Section 2-350 of the City Code the PSEBA benefits procedure that set forth a formalized hearing process to determine whether PSEBA benefits should be awarded for catastrophic injury or death in the line of duty. In addition, the amendment set for a PSEBA benefits hearing to be heard by a hearing officer who must be a licensed attorney with knowledge and experience in employment and labor as well as general civil procedure, rules of evidence, and administrative practice. This new process on the PSEBA hearing mirrors the Hoffman Estates’ ordinance which has been upheld by a court as being procedurally compliant with PSEBA. The Illinois Rules of Evidence apply to the hearings and a neutral hearing officer conducts the hearing and renders the decisions; thus courts will more likely uphold the hearing officer’s decisions.
Prior to this amendment, Section 2-350 of the City Code gave the discretion to the human resources director to determine the eligibility of PSEBA claims and the denied applicant would appeal the HR director’s determination of ineligibility to a panel consisting of the City Manager, the Police/Fire Chief and a City-hired physician. Then the denied applicant could bring forth court action and challenge the neutrality of the City’s HR director, the City Manager, the Police/Fire Chief and a City-hired physician. Furthermore, the prior process did not contain full procedural rules for the hearings.
Pursuant to the current version of Section 2-350 of the City Code, the City Council must approve the recommendation made by the Mayor for the appointment of a qualified attorney to serve as a hearing officer for the PSEBA benefits hearing. Robert Gates first joined Kavanagh and served from 2008 -2011, and returned in 2014. He concentrates his practice in local government law; general corporate matters (including not-for-profit institutions); commercial transactions; labor and employment; and taxation. Before joining Kavanagh in 2008, Mr. Gates represented the City of Chicago as an Assistant Corporation Counsel and represented it in civil litigation matters focusing on municipal powers, tax, and revenue litigation. He also advised City of Chicago departments on legal and policy issues involving constitutional law and various corporate municipal powers. Based on his experience and skills, the recommended attorney, Robert C. Gates, meets the qualifications set forth in Section 2-350 to serve as the PSEBA hearing officer. The rate for Mr. Gates’ services as a PSEBA Hearing Officer will be $150.00 per hour.
FINANCIAL IMPACT: It will be based upon the need for such hearings.
NEIGHBORHOOD CONCERNS: Not applicable.
IMPACT IF APPROVED: The PSEBA benefits administrative hearings can be conducted.
IMPACT IF DENIED: The PSEBA benefits administrative hearings cannot be conducted.
ALTERNATIVES: Appointment of another qualified candidate.
EEO CERTIFICATION NUMBER: Not applicable.
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2014 - 2029 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Financially Sound City Government, Effective City Organization
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Have an efficient government.
DEPARTMENT: Mayor’s Office