(A) Appointment of a PSEBA Claims Administrator. The Village President, with the consent of the Board of Trustees, is hereby authorized to appoint a person to hold the position of PSEBA Claims Administrator for the purpose of scheduling and making all necessary arrangements for the holding of hearings under this Policy and Procedure. Such duties include, but are not limited to:
(1) Receiving and filing applications for PSEBA benefits;
(2) Receiving and filing all documents required by this chapter to accompany such claims;
(3) Reviewing applications for completeness and returning incomplete applications to the applicant;
(4) Upon receipt of a complete application, scheduling hearings in accordance with the availability of the applicant, his or her counsel, counsel for the Village, and the Hearing Officer; and posting and publishing a Notice of Hearing in accordance with the Illinois Open Meetings Act, 5 ILCS 120/1;
(5) Arranging for a court reporter to prepare a transcription of the hearing;
(6) Receiving and filing the determination of the Hearing Officer and any order, ruling, or intermediate or supplemental determination of the Hearing Officer;
(7) Responding to requests for information or subpoenas relating to an application for PSEBA benefits or a hearing thereon; and
(8) Preparation of the record of any application and hearing thereon for purposes of the Illinois Administrative Review Law, 735 ILCS 5/3-101, et seq.
(B) In the absence of an express appointment under this division, the PSEBA Claims Administrator shall be the Village Clerk.
(C) Appointment of a Hearing Officer. The Village President, with the consent of the Village Board of Trustees, is hereby authorized to appoint a person to hold the position of Hearing Officer for the purpose of holding hearings and making determinations concerning the eligibility for persons claiming benefits under PSEBA. In making such selection, the Village President shall consider:
(1) The candidate's ability to perform the duties set forth herein;
(2) The background and experience data made available to the Village President;
(3) The qualifications of the candidate, including but not limited to, the requirement that the candidate must be an attorney licensed to practice law in the State of Illinois, preferably for at least five years, with a knowledge of and experience in labor and employment law, general civil procedure, and administrative practice.
(D) Power of the Hearing Officer. The Hearing Officer shall have all of the powers granted to him or her under applicable state statutes and the common law relative to the conduct of administrative hearings, including the power to:
(1) Preside over all Village of South Elgin hearings involving PSEBA;
(2) Administer oaths;
(3) Hear testimony, and accept evidence that is relevant to the issue of eligibility for benefits under PSEBA upon an applicant for such benefits;
(4) Issue subpoenas to secure attendance of witnesses and the production of relevant papers and documents upon the request of one or more of the parties to a hearing or their representatives;
(5) Rule upon objections concerning the admissibility of evidence;
(6) Preserve and authenticate the record of any hearing and all exhibits that are introduced into evidence at the hearing;
(7) Issue a determination based on the evidence presented at the hearing;
(8) If the determination is that the applicant is eligible for PSEBA benefits, issue a finding as to the extent of the reduction, if any, of PSEBA benefits resulting from the existence of health insurance benefits payable from any other source.
(Ord. 2017-53, passed 8-21-17)