HomeMy WebLinkAboutRESPONSE - RFP - 7439 HEARING OFFICER - EMPLOYEE DISCIPLINARY HEARINGSHR Solutions & Services, LLC
PO Box 64106
Colorado Springs, CO 80962
719-210-0446 (work)
719-466-2060 (fax)
traceyrobinson@hrsos.net
www.hrsos.net
Sent Via Electronic Copy To: purchasing@fcgov.com
November 8, 2012
City of Fort Collins Purchasing Division
215 North Mason Street, 2nd Floor
Fort Collins, Colorado 80524
Re: Proposal No. 7439 Hearing Officer Services – Employee Disciplinary Hearings
HRSS Response to Request for Proposal
Attention Purchasing Division:
Please accept this correspondence and attached documentation in response to your Request for Proposal
for “7439 Hearing Officer Services – Employee Disciplinary Hearings” and my firm’s capability to
provide contract hearing officer services pursuant to The City of Fort Collins Personnel Policies and
Procedures adopted by the City Manager and the Collective Bargaining Agreement between the City and
Fraternal Order of Police.
A. HRSS Consulting Experience:
HR Solutions & Services, LLC (HRSS) has specialized in providing contract services in the areas of
administrative hearings, employment-related issues, EEO investigations, human resources consulting,
and training services since Year 2000.
As demonstrated through past performance, we are committed to providing employment-related services
(including impartial administrative hearing services) in a professional and timely manner. We also have
current technology resources (such as travel laptops and printers, remote email and facsimile
capabilities, teleconferencing, etc.) to be efficient in meeting timeliness requirements while conducting
disciplinary hearings at client work sites.
HRSS currently engages the services of six (6) independent contractor consultants who provide various
HRSS services to clients nationwide.
B. Scope of Hearing Officer Services:
HRSS will provide the services of an individual to conduct post-disciplinary appeal hearings in Fort
Collins pursuant to the Appeal Policies and Procedures adopted by the City Manager, the City’s
personnel policies and procedures, the collective bargaining agreement with the Fraternal Order of
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Police (FOP) and/or the Poudre Fire Authority (PFA) personnel rules and regulations, as may be
applicable. These services will include:
(1) Accepting a hearing assignment within twenty-four (24) hours of notification, and then scheduling a
hearing date and time based on the City’s expectations regarding the same.
(2) Receipt and review of the appeal file, relevant policies procedures and/or regulations, and any pre-
hearing briefing and/or other submittals by the parties prior to the scheduled hearing date.
(3) Conducting the hearing in Fort Collins (at a site designated by the City or PFA), which may take one
or more days to complete. HRSS will provide ample scheduling time to conduct the hearing on
consecutive dates when needed.
(4) Receipt and review of any post-hearing submittals or documents (if applicable).
(5) Issuing a detailed written decision within a reasonable time period after the conclusion of the hearing
and the receipt of any post-hearing briefs or documents (if applicable), which can usually be
expected within fourteen (14) calendar days of the same unless the complexity of hearing issues
dictates otherwise. Immediately upon completion of the hearing, HRSS will communicate with the
City Manager/Fire Chief or other appropriate City representative regarding the reasonable time
period in which a written decision can be expected.
HRSS understands that time is of the essence in performing hearing officer services. No extensions of
time will be implemented by HRSS unless same is requested and agreed to in writing by the parties.
Work will not be subcontracted out to any individual and will be solely performed by the proposed
hearing officer listed in Subsection C of this proposal. HRSS will maintain the appropriate insurance as
may be required by the City.
C. Proposed Hearing Officer – Tracey Robinson:
Tracey P. Robinson, Esq. is the individual proposed to provide hearing office services for the City of
Fort Collins. Ms. Robinson is the owner of HRSS and is licensed to practice law in the state of
Colorado. She is not, and has not ever been, an employee of the City of Fort Collins.
Ms. Robinson is an attorney with over 17 years of employment litigation, compliance and related
consulting experience. As the owner of HRSS, Ms. Robinson has been providing contract consulting
and compliance services on employment-related issues (including disciplinary actions) to both unionized
and non-unionized public and private sector and municipal clients nationwide since Year 2000. This
includes, but is not limited to, providing recommendations regarding discipline to be imposed for
employee misconduct, being involved with disciplinary hearings, and providing guidance regarding
grievances, written disciplinary actions, demotions, suspensions, removals and/or terminations.
Ms. Robinson is currently a contract Administrative Judge (AJ) for the Equal Employment Opportunity
Commission (EEOC) in which she is conducting administrative hearings out of their Denver District
office on employment discrimination complaints filed against the EEOC by its employees. Ms.
Robinson also holds a contract with the United States Postal Service (USPS) as a Final Agency Decision
(FAD) writer rendering recommended decisions on EEO complaints filed with the agency and based on
evidence and testimony provided by the parties. Both of these contracts often require that Ms. Robinson
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review employee conduct, disciplinary actions taken by each agency regarding the same and under their
respective personnel policies and collective bargaining agreements, and then rendering a written
decision with detailed findings of fact and conclusions of law.
Additionally, Ms. Robinson has conducted contract EEO investigations for the United States Patent and
Trademark Office (USPTO) and the United States Postal Service (USPS). These contracts required Ms.
Robinson to conduct numerous witness interviews and summarize pertinent testimony in a report of
investigation in compliance with applicable regulations and agency policies and procedures. Ms.
Robinson has conducted more than 100 federal EEO investigations combined for the USPTO and USPS.
Also, in the past, Ms. Robinson has served as a federal attorney with the Office of Civil Rights of the
Department of Education, employment defense litigation attorney, judicial clerk and mediator. For
additional information regarding Ms. Robinson’s qualifications and experience, please see her resume at
Attachment A.
Based on past performance, Ms. Robinson has the demonstrated ability and capability to communicate
both orally and in writing to management and non-management in diverse environments. She has the
aptitude to interpret municipal policies and procedures, federal and state laws and constitutions, and
render an impartial decision based on the same. Through conducting administrative hearings for the
EEOC, Ms. Robinson has also demonstrated the ability to work well under pressure, deal with stressful
situation and conflict in a tactful manner with confidence, and provide impartial decisions in an
adversarial environment.
If selected, Ms. Robinson would utilize due diligence in promptly providing hearing officer services
within client expectations. Ms. Robinson’s schedule is flexible enough to be available to provide
hearing officer services with seven (7) days or more advance notice. She can handle a caseload of four
(4) or more hearings per month.
D. HRSS Proposed Pricing:
Based on the information provided by the City, it is expected that a hearing may take one (1) or more
days to complete. In addition, the assigned hearing officer will review the appeal file and any other pre-
hearing submittals by the parties in preparation for the hearing which may take four (4) or more hours of
preparation work depending on the disciplinary issues to be heard and the submittals to be reviewed.
Also, the hearing officer will issue a detailed written decision after the conclusion of the hearing which
may take eight (8) or more hours to complete depending on the complexity of the issues presented and
any post-hearing submittals. Thus, it is anticipated that a minimum of twenty (20) hours or more may be
incurred for each case assigned to the hearing officer.
HRSS proposes to charge $150 per hour for time spent preparing for the hearing, conducting the hearing
and then writing a detailed decision after the hearing (and the receipt of any post-hearing submittals if
applicable). Thus, the anticipated minimum cost for each assigned case would be $3,000 ($150 x 20
hours = $3,000).
HRSS will not charge any other fees or costs that may be associated with providing hearing officer
services. There will be no charge for accepting an assignment, scheduling hearing dates, requesting pre-
hearing information or documentation, routine correspondence or communication with the City
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Manager/Fire Chief/PFA staff or attorneys, and/or any other associated costs (including any travel
expenses, copy charges, or other office administrative expenses).
HRSS will adhere to the delivery schedule as specified by the City of Fort Collins for providing hearing
officer services.
E. Past Performance References:
The following are past performance references for Tracey Partee of HRSS:
(1) Douglas Gallegos
Acting Director, Special Services Staff
EEOC – Office of Federal Operations
131 M Street, N.E., Suite 5SW12G
Washington, DC 20507
Phone: 202-663-4615 Email: douglas.gallegos@eeoc.gov
[Mr. Gallegos is the Contracting Officer’s Technical Representative and is responsible for the
inspection and acceptance of the Administrative Judge services Ms. Robinson currently provides
under contract to the EEOC.]
(2) Kelly D. Lewis
EEO Services Analyst
United States Postal Service – NEEOISO
P.O. Box 21979, Tampa, FL 33622-1979
Phone: 813-739-2007 Email: kelly.d.lewis@usps.gov
[Ms. Lewis is one of many Analysts at the USPS that assigns and reviews recommended FAD
decisions written by Ms. Robinson.]
(3) Darnella Boxley Maguire
Senior EEO Specialist
United States Patent & Trademark Office (USPTO)
600 Dulany Street, Madison East Building 7D34, Alexandria, VA 22313
Phone: 571-272-6313 Email: Darnella.McGuire@uspto.gov
[Ms. Boxley was the Case Manager at the USPTO who supervised Ms. Robinson’s investigation
services and completed ROIs related to the same.]
(4) Priscilla Jackson
Assistant Director
MassDOT/MBTA
Office of Diversity and Civil Rights
Phone: 857-368-8742 Email: pjackson@mbta.com
[Ms. Jackson currently supervises Ms. Robinson consulting services in the area of training and
employee conduct, and in compliance with agency policies, collective bargaining agreements
and any applicable laws.]
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(5) David Bowman, Esq., Partner
Morgan, Lewis & Bockius, LLP
1701 Market Street, Philadelphia, PA 19103
Phone: 617-699-0288 Email: dbowman@morganlewis.com
[Mr. Bowman has been contracting Ms. Robinson's EEO compliance, employment consulting,
investigation and training services for law firm clients (including municipalities) throughout the
country from Year 2000 to the present.]
In addition, a few letters of recommendations previously received from various clients have also been
included for your consideration at Attachment B.
F. Small Business Enterprises:
HRSS is a small, minority, women-owned business. In addition, HRSS will be seeking to be recertified
as a disadvantaged business enterprise in Year 2013.
G. Miscellaneous:
Any additional information that may be needed to evaluate HRSS’ ability to provide hearing officer
services may be provided upon request.
Regards,
Tracey P. Robinson
Tracey P. Robinson, Esq.
Owner/Principal Consultant
HR Solutions & Services, LLC
ATTACHMENT A
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PO Box 64106, Colorado Springs, CO 80962
Phone: (719) 210-0446 Fax: (719) 466-2060 Email: traceyrobinson@hrsos.net Web: www.hrsos.net
_________________________________________________________________________________________________
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HR Solutions & Services, LLC Colorado Springs,
CO
Owner & Principal Consultant 10/00 - present
Providing HR support services including federal EEO complaint processing, customized training and consulting,
workplace investigations, policies and procedures development, employee relations and dispute resolution services.
Currently a contract Administrative Judge providing the adjudication of cases for the EEOC’s Denver District Office.
Certified by the EEOC as a federal sector EEO complaints investigator and Final Agency Decision (FAD) writer and
currently provide these services to the U.S. Postal Service and the U.S. Patent and Trademark Office. Public sector and
private workplace investigations regarding employment discrimination, harassment and retaliation issues. Customize,
develop and deliver a variety of managerial and employee training programs on topics including ethics, diversity, EEO,
discrimination, harassment prevention, safety and security, personnel decisions, leadership and coaching skills,
excellence in customer service, investigation techniques and other topics. Trained over 50,000 supervisors and non-
supervisors throughout the U.S. on compliance with EEO issues under federal, state and local laws.
Pollak Canton, MA
Employment Counsel 6/99 - 10/00
In-house counsel for manufacturing company reporting to VP of Human Resources. Also performed dual role as a
Senior HR Generalist. Analyzed complex employment law issues. Conducted workplace investigations regarding EEO,
safety, fraud and theft. Responsible for employee relations. Advised management and provided legal support on all
employment law matters including discrimination, harassment, worker’s compensation, ADA, FMLA, ERISA, Title
VII, hiring, termination, and benefits administration. Conducted a variety of training and drafted HR policies.
Powers, Kinder & Keeney, Inc. Providence, RI
Associate Attorney 11/98 - 6/99
Primary practice involved the defense of employers in the area of labor, employment and education law in state and
federal courts, arbitration proceedings, and other administrative proceedings. Legal research, writing and analysis
regarding complex labor and employment law issues including Title VII, ADA, FMLA, NLRA, harassment,
discrimination, unions, and collective bargaining. Drafted court pleadings, motions, and arbitration briefs. Advised
employers on personnel decisions. Drafted employment policies. Conducted a variety of training workshops for clients.
U.S. Dept. of Education, Office of Civil Rights Philadelphia, PA
General Attorney 5/98 - 10/98
Enforcement of federal civil rights laws to ensure equal access to education for children at schools and institutions that
received federal financial assistance. Provided legal advice and analysis regarding compliance with the federal civil
rights statutes in education. Negotiated and drafted resolutions to complaints between parents, students, teachers,
schools and universities. Assisted with the interpretation of laws and regulations regarding education issues.
Hall & Evans, L.L.C. Denver, CO
Associate Attorney 2/95 - 5/98
Assisted with the litigation of cases in federal and state courts on behalf of employers in the area of employment law
including claims involving harassment, discrimination, Title VII, ADA, FMLA, FLSA, and various state employment
contract claims. Drafted employment policies. Involved with EEOC investigations. Conducted training seminars.
Colorado State Judicial Denver, CO
Judicial Clerk 9/94 - 1/95
Prepared legal memoranda and drafts of appellate opinions for the Honorable Judges Clause Hume and John Criswell.
Received rigorous training in legal analysis and writing on various civil and criminal legal issues.
University of Denver, Mediation Center Denver, CO
Mediator/Research Assistant 8/93 - 5/95
Conducted mediations at Denver County Court and at the Center involving small claims court and county court civil
matters. Also conducted legal research and kept track of statistical data regarding mediation issues at the Center.
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PO Box 64106, Colorado Springs, CO 80962
Phone: (719) 210-0446 Fax: (719) 466-2060 Email: traceyrobinson@hrsos.net Web: www.hrsos.net
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University of Denver, College of Law Denver, CO
Juris Doctorate May 1995
~ Editor, Preventive Law Reporter
Monmouth University W.Long.Br., NJ
B.S. Management; B.S. Marketing May 1991
~ NCAA Division I Women’s Basketball
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12th Annual EEOC Excel Conference, “Avoiding Interviewing and Selection Pitfalls,” July 2009, New Orleans,
Louisiana.
West Virginia Transit Managers’ Conference, “Interviewing Within the Law” and “Preventing Customer Discrimination
Complaints,” February 2009, Charleston, West Virginia.
Transit Trainers’ Conference, “Preventing Customer Discrimination Complaints,” “Interviewing Within the Law,” and
Coaching Employees for Improved Work Performance,” October 2008, Denver, Colorado.
Transit Trainers’ Conference, “Avoiding Jeopardy: Making Employment Decisions Within the Law”, “Creating
Legally Defensible Performance Documentation,” and “Considerations for Creating an Ethics Compliance Training
Program,” October 2007, Minneapolis, MN.
Arkansas Public Transportation Association Conference, “Diversity in the Transit Workplace,” September 2006, Little
Rock, Arkansas.
Transit Trainers’ Conference, “Harassment Prevention for Supervisors” and “Workplace Violence Prevention,” October
2006, Atlanta, GA.
Arkansas Public Transportation Association Conference, “Harassment Prevention for Transit Supervisors,” September
2005, Little Rock, Arkansas.
Rhode Island Bar Association Annual Meeting, “Employment Discrimination Update,” June 24, 1999, Providence,
Rhode Island.
National Business Institute, “Successful ADA Litigation in Rhode Island,” April 28, 1999, Providence, Rhode Island.
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Author, “Diversity in the Transit Workplace” training program funded by the Federal Transit Administration through the
National Transit Institute, Year 2006.
Author, “Harassment Prevention for Transit Supervisors and Employees” training programs funded by the Federal
Transit Administration through the National Transit Institute, Year 2005.
Co-author, “Workplace Violence Prevention” training program funded by the Federal Transit Administration through
the National Transit Institute, Year 2004.
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ATTACHMENT B