6-Specifications SOQ-203-25.pdf

Boulder County Human Resources 1325 Pearl Street

Boulder, CO 80302

SOLICITATION OF QUALIFICATIONS

1. PURPOSE/BACKGROUND

Boulder County seeks qualified attorneys and individuals with professional legal or employment background or experience interested in serving as contract hearing officers for employee appeal hearings under the Boulder County Personnel and Policy Manual. Through this Solicitation of Qualifications (“SOQ”) the county will create a pool of qualified independent hearing officers who are asked to be available on a per-hearing, as-needed basis pursuant to Section 6.88 of the Boulder County Personnel and Policy Manual (Attachment A). Boulder County employs over 2000 individuals. Hearings may involve employees within the structure of the Board of County Commissioners of Boulder County, the offices of any Boulder County elected official, the Boulder County Housing Authority, or Boulder County Public Health.

Successful respondents will be awarded an initial 1-year contract with the option to renew each year for up to 4 additional years. Renewal is subject to the county’s discretion. The county aims to maintain a minimum of 3 hearing officers in the pool. The county does not currently experience a high volume of employee appeal hearings, and the actual number of hearings anticipated to contract for services from the pool is not known. Award under this solicitation does not guarantee work.

2. QUESTIONS

All inquiries regarding this SOQ should be submitted via Bonfire, which is the Boulder County procurement system.

Submittals shall be made via Bonfire or before 2:00 p.m. Mountain Time October 1st, 2025

All SOQs must be received by the above due date and time. Sole responsibility rests with the proposer to see that their SOQ response is timely submitted.

Boulder County reserves the right to reject any and all responses that do not meet the specifications, to waive irregularities it deems immaterial, and to accept the proposal(s) that, in its opinion, is in the best interest of Boulder County.

Americans with Disabilities Act (ADA): If you need special services provided for under the Americans with Disabilities Act, contact the ADA Coordinator at ada@bouldercounty.gov or 303-441-1386 at least 2 days before the scheduled event.

mailto:ada@bouldercounty.gov

3. SPECIFICATIONS

We are seeking qualified attorneys and individuals with professional legal or employment background or experience to serve as contract hearing officers for employee appeal hearings under Section 6.88 of the Boulder County Personnel and Policy Manual, which provides an impartial appeal hearing to an employee appealing any of the following disciplinary decisions: suspension without pay, reduction in pay, demotion, or termination.

Colorado is an at-will employment state. However, Boulder County provides a progressive discipline process in certain circumstances.

The hearing officer is responsible for executing the appeals portion of the progressive discipline process by following the county’s policy and procedures relevant to appeals including:

• Becoming familiar with the current disciplinary policies and procedures and understanding the hearing officer’s designated role.

• Coordinating hearing scheduling with county staff and the appellant, including providing response to the parties within 24 hours absent extraordinary circumstances

• Accessing and reviewing case documentation and materials electronically

• Conducting a hearing in accordance with Section 6.88 of the Boulder County Personnel and Policy Manual and Section 6.88 of the Boulder County Procedures Manual (Attachment A) which may include:

o Preparing for each hearing by reviewing documents o Conducting a pre-hearing conference o During the hearing:

Evaluating testimony, exhibits, argument, and briefing Administering oaths, ruling on exhibits and objections, determining procedural issues, and other hearing matters After the hearing, preparing a written decision, which sets forth the basis for the hearing officer’s decision Performing all other services as outlined in the agreement for services, including all work necessary for the timely, effective, professional, and fair handling of the appeal hearing

Following all county policy and procedures regarding exchange of documentation

Agreeing to keep all personnel matters, including the contents of hearings, confidential.

Identifying and disclosing any actual, perceived, or potential conflicts that may interfere with their ability to conduct a full and fair hearing.

Conducting hearings in person unless policy or procedure provides otherwise

Hearings will occur at a Boulder County building including, but not limited to, the Boulder County Downtown Courthouse Complex located at 1325 Pearl Street or the Boulder County Justice Center located at 1777 6th Street, both in Boulder, Colorado. The county will provide administrative support in scheduling hearings and providing hearing rooms, documents, recording equipment, materials and equipment necessary for carrying out and recording hearings. Hearing officers will provide all labor and any additional equipment and materials to perform the services. Hearing officers will confirm the absence of conflicts before undertaking any new matters for the county. Hearing officers will maintain professional liability insurance for their hearing officer duties.

Minimum Qualifications:

Hearing officers must have the following minimum qualifications.

• Individuals must be an attorney licensed and in good standing to practice in the State of Colorado OR have demonstrated professional legal or employment background or experience. Experience as an administrative hearing officer overseeing personnel matters or experience on a personnel board are considered employment experience.

• All individuals must have a willingness to complete an equity, diversity, cultural responsiveness, and/or inclusion training as determined and required by Boulder County after selection to the pool.

Additional Preferred Qualifications:

• Experience in labor or employment law

• Experience or training in equity, cultural responsiveness, and/or inclusion: Boulder

County values, respects, and supports all individuals by being an inclusive, culturally responsive county government that is dedicated to fostering a diverse, inclusive, and respectful environment for all employees. as well as respondents with demonstrated professional, legal, HR or workplace experience or training in equity, cultural responsiveness, and/or inclusion beyond the minimum qualifications identified above.

Required in the submission:

• Respondent must include in the proposal submission the respondent’s proposed rates, including any additional costs. Applicants should submit a resume that demonstrates minimum qualifications and relevant experience

4. INSURANCE REQUIREMENTS

Commercial General Liability This coverage should be provided on an Occurrence Form, ISO CG001 or equivalent, with Minimum limits of $1,000,000 Each Occurrence, $2,000,000 General Aggregate and $2,000,000 Products Completed Operations Aggregate.

Workers' Compensation and Employer's Liability Workers’ Compensation must be maintained with the statutory limits. Employer's Liability is required for minimum limits of

$100,000 Each Accident/$500,000 Disease-Policy Limit/$100,000 Disease-Each Employee.

Professional Liability (Errors and Omissions) Professional liability coverage with minimum limits of $1,000,000 Per Loss and $1,000,000 Aggregate. Professional Liability provisions indemnifying for loss and expense resulting from errors, omission, mistakes or malpractice is acceptable and may be written on a claims-made basis. The contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract; and that either continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning at the time work under this Contract is completed.

Boulder County Human Resources 1325 Pearl Street

Boulder, CO 80302

SIGNATURE PAGE

Contact Information Response

Company Name including DBA

List Type of Organization (Corporation, Partnership, etc.)

Name, Title and Email Address of Person Authorized to Contract with Boulder County

Company Address

Company Phone Number

Company Website

By signing below I certify that:

I am authorized to submit the above on my company’s behalf.

I am not currently an employee of Boulder County.

None of my employees or agents is currently an employee of Boulder County.

I am not related to any Boulder County employee or Elected Official.

(Sole Proprietorships Only) I am not a Public Employees’ Retirement Association (PERA) retiree.

Signature of Person Authorized to Bid on Company’s Behalf Date

Note: If you cannot certify the above statements, please explain in a statement of explanation.

CONTRACTOR’S CERTIFICATION OF COMPLIANCE

Pursuant to Colorado Revised Statutes, § 8-17.5-101,et seq., as amended, as a prerequisite to entering into a contract for services with Boulder County, Colorado, the undersigned Contractor hereby certifies that at the time of this certification, Contractor does not knowingly employ or contract with an illegal alien who will perform work under the attached contract for services and that the Contractor will participate in the E-Verify Program or Department program, as those terms are defined in C.R.S. § 8-17.5-101, et seq., in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under the attached contract for services.

CONTRACTOR:

Company Name Date

Name (Print or Type)

Signature

Titl

SECTION 6 EMPLOYMENT - DISCIPLINE

NUMBER 6.88 Appeals

Boulder County will provide an impartial appeal hearing to an employee who wants to appeal the following disciplinary decisions: suspension without pay, reduction in pay, demotion, and termination. The purpose of the hearing is to consider whether the disciplinary decision was in accordance with the law and the County’s policies. An employee may not appeal a layoff because layoff decisions are not disciplinary.

At the appeal hearing, the employee has the burden of proving that the disciplinary decision was arbitrary and capricious. If the employee alleges discrimination or other improper motivation, the employee has the burden of proving by a preponderance of the evidence that the EO/DH did not make the disciplinary decision in good faith.

Following the appeal hearing, the hearing officer must issue a written decision either upholding or overturning the disciplinary decision. The hearing officer must not formulate any policy but may interpret provisions of the Boulder County Personnel and Policy Manual. The hearing officer’s decision is the final disposition of the appeal.

SECTION 6 CONDITIONS AND REQUIREMENTS - DISCIPLINE

NUMBER 6.88 Appeals A. Appeal Request

An employee subject to an appealable disciplinary decision may request a hearing within ten working days after receiving the decision. The request for hearing must include the name, address, and phone number of the employee and the disciplinary decision the employee is appealing. The request must also include all of the reasons the employee believes the disciplinary decision should be reversed. The scope of the appeal hearing is limited to the issues raised by the employee in the request for hearing.

B. Hearing Officer

The HR Director shall maintain a pool of potential hearing officers. The employee may select a hearing officer from this pool within three days of receiving the names. If the employee does not timely select the hearing officer, then the HR Director will select the hearing officer from the pool. The HR Director is responsible to train and/or recruit potential hearing officers that meet the following qualifications. The hearing officer must be an attorney licensed to practice in the State of Colorado or have professional legal or employment background or experience. Hearing officers selected on or after August 1, 2020 must have experience or training in equity, cultural responsiveness, and/or inclusion. The determination of the sufficiency of the hearing officer pool and a hearing officer’s qualifications is solely in the discretion of the HR Director.

C. Appeal Hearing and Pre-Hearing Steps

1. At the appeal hearing, the hearing officer must give the employee and the EO/DH the opportunity to present evidence and question any witnesses. The employee, or an attorney hired by the employee, may present the employee’s case. The County Attorney may represent the EO/DH. The hearing officer may consider evidence presented by the parties without regard to whether such evidence is admissible under the rules of evidence.

The hearing officer must not conduct any pre-hearing investigations or talk about the case with the EO/DH or the employee.

2. Timing of Hearing. The hearing shall commence no more than 30 days from the date of the employee’s request for a hearing, unless extended for good cause by the HR Director. At least five days before the date of the hearing, the HR Director shall notify all parties of the time and place of the hearing. The purpose of expediting the review procedure is to avoid delays for the benefit of the employee and the office/department.

3. Documents provided to hearing officer. At least ten days before the hearing, the county shall provide to the hearing officer a copy of the disciplinary decision and any attachments as well as the employee’s hearing request. The county shall provide the employee's entire personnel file to the hearing officer on the date of the hearing.

4. Documents provided to parties in advance of hearing. The county shall provide the employee with a copy of the employee’s entire personnel file at least ten days before the hearing date. In addition, at least ten days before the hearing date, the parties shall exchange lists of all witnesses they intend to call at the hearing and provide any documents, other than documents in the personnel file, either party intends to submit at the hearing. The hearing officer may allow testimony from witnesses or consider documents not previously listed if:

A. the party’s need to call the witness or provide the document was not reasonably foreseeable at the time the party provided the original list;

and B. the witness or document would not prejudice other parties or necessitate a delay of the hearing.

The parties may also stipulate to the admission of documents and/or testimony of witnesses not previously disclosed. In addition to the audio recording of the hearing, all documents provided to the parties before the hearing will become the official record of the hearing.

5. Pre-Hearing Conference. The hearing officer may conduct a pre-hearing conference. At the pre-hearing conference, the hearing officer may discuss with the employee and the EO/DH and/or their attorney(s) any procedural issues, evidentiary issues, scheduling matters, or other matters, and make decisions on those issues. The pre-hearing conference is intended to resolve issues so that the parties can present their cases in the most effective and efficient way possible.

6. Hearing. Ordinarily, the hearing officer will conduct the hearing in less than five hours, with each side’s presentation taking no more than two hours. Any employee or EO/DH who desires more than two hours to present that side’s case must submit a written request for additional time to the hearing officer at least five days in advance of the hearing. The hearing officer may grant additional time only in extraordinary circumstances when essential for either party to present its case. To the extent possible, any hearing that is scheduled for more than one day must be scheduled on consecutive days. The hearing officer may refuse to allow repetitive or irrelevant testimony regardless of allowable time limits.

The hearing must be audio recorded.

The procedures at the hearing will be informal while still allowing all parties to present their cases completely, subject to the above rules. The Colorado Rules of Evidence shall not apply, and the hearing officer may consider evidence in the hearing officer’s discretion. Both parties shall have the right to make an opening statement, to present their case by oral and documentary evidence, to submit rebuttal evidence, and to ask questions of each party’s witnesses. The hearing officer may also ask questions of the parties and the witnesses. The hearing officer must place all witnesses under oath. If an employee is represented by an attorney, the employee or the attorney must provide notice of such representation to the HR Director at least ten working days prior to the hearing. If the employee is disabled by being unable to read and/or communicate, the HR Director will arrange for an interpreter or transcriptionist. The appeal hearing is not a hearing under the Administrative Procedures Act or arbitration pursuant to the rules of the American Arbitration Society.

D. Decision of the Hearing Officer Within ten days after completion of the appeal hearing, the hearing officer must issue a written decision. The hearing officer will distribute a copy of the hearing officer’s decision to the employee, the employee's supervisor and EO/DH, the County Attorney, and the HR Director.

If the final decision reverses the disciplinary decision, the County will place the employee in the same or similar position of equal pay and issue back pay in the amount that the employee's pay was reduced during the appeal procedure, except for any extensions of the hearing requested by the employee.