§ 102-452. Procurement appeals hearing officers.

(a)

Appointment and tenure. The county attorney shall appoint five procurement appeals hearing officers who shall be confirmed by the board of commissioners. The officers shall possess the educational background and public or private employment experience to examine facts and apply legal principles, including, but not limited to experience with evidentiary and civil procedure issues, to controversies regarding the following subjects: procurement of goods and services, construction, professional and consultant services and information technology. No county employee or official shall be appointed who is a contractor or subcontractor or who owns any interest in any contracting or subcontracting firm or who does business with the county as a contractor. The officer shall serve a two-year term and shall not be eligible to serve more than two consecutive terms.

(b)

Qualifications. The officers shall process the educational background and public or private employment experience to examine facts and apply legal principles, including but not limited to experience with evidentiary and civil procedure issues, to controversies regarding the following subjects: procurement and disposal of goods and services, construction, professional and consultant services and information technology. No county employee or official shall be appointed who is a contractor or subcontractor or who owns any interest in any contracting or subcontracting firm or who does business with the county as a contractor.

(c)

Authority and scope of review. With the exception of controversies that are the subject matter of litigation or pending administrative review members of the hearing officers panel shall have the authority to review and determine any issue or matter in controversy arising from the adoption, implementation and enforcement of this article.

(d)

Compensation and access to facilities. The hearing officers shall receive fair compensation at an hourly rate to be determined by the county attorney for all time expended in the performance of duties created by this section. All hearing shall be open to the public and shall be held in a suitable place within a Fulton County building. Administrative and support services, as may be required by the hearing officer in the performance of such duties, shall be furnished by the county and the cost of same shall be borne by the county.

(e)

Authority of procurement appeals hearing officers. The procurement appeals hearing officers shall have the authority to review and determine any appeal by an aggrieved party from a determination by the purchasing agent that is authorized in section 102-448(b).

(Res. No. 13-0052, 1-23-13)