GRIEVANCE HEARING ISSUES Presented by: C. Michael McInnish.

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Presentation transcript:

GRIEVANCE HEARING ISSUES Presented by: C. Michael McInnish

The PHA Philosophy What are our objectives in terminating residents? Are we serious in each case? Do we try ALL measures short of termination first?

The Hearing Officer Who should it be? Training, background and experience Acquaintance with PHA Rules Fair and Impartial? Does he/she know the philosophy?

Other Hearings Same basic rules for due process apply to Section 8, Applicants, Employees. Differences in specifics as specified by HUD: i.e. tenant grievances.

Role of Hearing Officer Judge? Mediator? Arbitrator? Fact Finder?

Due Process Right to hearing? Criminal? Rent? Application? Termination for other causes?

Elements Notice of charges with specificity. Follow your own rules. Right to respond. Opportunity to cross examine Right to fair and impartial hearing.

Competency Verify grievant understands or should understand what charges are. Do this on the record. Follow script and address all issues raised.

The Hearing Setting the schedule. Preliminaries. Use the script. Control the hearing. Be familiar with the case and rules.

Who Has the Burden? Resident hearings: The resident Others: The PHA DOES THIS WORK????

Common Issues Scheduling and Continuances Discovery Requests Absent witnesses Irrelevant Issues Reasonable Accomodation

Weight of Evidence Documentation carries more weight than simple testimony. Hearsay testimony is admissible but the weight is not as strong as first hand testimony and/or documentation.

Reaching a Decision Never announce in meeting. Tell PHA and tenant/applicant that a decision will be mailed to them. Verify correct address.

Decision Requirements Decision based on evidence presented at hearing. Summary of facts relied upon, testimony, rationale for decision. Cite the rule violation. Any right to appeal.

Protecting the PHA Tape record or video everything. Have all witnesses sign in and give address/phone number. Ask about invoking the “rule”. Be careful in writing the decision. Be fair and impartial.

Summary -Prepare for a hearing Conduct a hearing that will withstand some challenges. Meet due process requirements.