The ABCs Of LCI Hearing Officers
Oct 31, 2024
Hearing Officer Cormie: Trying to give both sides a “fair shake.” Nine volunteer “judges” now work out of City Hall — presiding over quasi-judicial proceedings that can result in hefty fines for landlords who are cited by the city for unsafe or unsightly properties.Those adjudicators are Livable City Initiative (LCI) hearing officers.They are not city employees. They are appointed by the mayor. They aren’t paid for their hearing-officer work. The little-known volunteer municipal position took a step into the spotlight recently, as a hearing officer upheld LCI’s request for $18,000 in fines against a Bethany-based landlord who had missed multiple residential rental licensing program inspections at an Elm Street property that, months later, was the site of a fatal fire.As LCI Executive Director Liam Brennan explained to the Independent at the time, the city has significantly stepped up its recruitment of hearing officers as of late. That’s because hearing officers are required by local and state law to oversee appeals processes for landlords and other recipients of municipal citations to contest the city’s findings. If a hearing officer upholds such a municipal fine — as issued, for example, by LCI for violations of the city’s anti-blight, residential rental licensing program, or housing codes — and if the landlord doesn’t pay the ordered amount, then the city can seek a civil judgment in state court.So. What’s up with New Haven’s hearing officers? Who are they? What can they do?The Independent asked LCI’s Liam Brennan and city spokesperson Lenny Speiller those questions and more. Here’s what they said.Who are the current LCI hearing officers? When were they appointed?Speiller said there are currently seven hearing officers empowered to preside over landlord licensing cases, and two empowered to preside over anti-blight cases.The seven landlord licensing program hearing officers are cosmetics company attorney James Cormie (see more below), former State Rep. Robert Megna, former Quinnipiac Meadows Alder and retired police Capt. Gerald Antunes, Beaver Hills-based civic leader and Democratic ward co-chair Gary Hogan, Allie Jacobs, Prospect Hill Democratic ward co-chair Susan Metrick, and Felix Chaoulideer. All seven were appointed by Mayor Justin Elicker this summer.The two anti-blight code hearing officers are local landlord Julie Bernblum, who was appointed in August 2023, and former city transit director Paul Wessel, who was appointed in November 2023. What qualifications must one have in order to become a hearing officer? Is there an application process? How are they appointed? How long are their terms in office?“Connecticut General Statutes Sec. 7 – 152c doesn’t outline many specific requirements on hearing officers,” Speiller told the Independent. “As far as state law is concerned, they must administer oaths and they cannot be a City employee.”City ordinances § 17 – 85(a) and §§ 9 – 51(a)(12) and (k) “mirror what the statute says, in that the hearing officer shall not be a city employee and they shall conduct the hearings authorized by the section without pay,” Speiller continued.He wrote that the mayor writes a letter appointing the hearing officer. The mayor may then remove any hearing officer at any time for any reason the mayor deems sufficient. Speiller added that the Office of Corporation Counsel and city staff “identified potential appointees whom we believed would be able to serve capably, diligently and impartially. We met with them to discuss the potential appointment and for them to learn about the applicable statutes, ordinances, and hearing procedure. We then presented a list of potential appointees to Mayor Elicker for review and approval, and appointments were made accordingly.”What exactly does a hearing officer do? What is the scope of their authority? Is there a job description or specific local or state statute that describes their powers and responsibilities?“Based on both Connecticut General Statute § 7 – 152c(b) and New Haven ordinance Section §§ 9 – 51(a)(12), 9 – 51(k) and 17 – 85(a), a hearing officer is an independent adjudicator appointed by the mayor (per Sec. 17 – 85(a)) or chief executive officer (per § 7 – 152c(b)) to conduct hearings regarding citations issued for municipal violations,” Speiller wrote. “Importantly, the hearing officer must be independent — they cannot be a city employee according to the local ordinance, and the state statute specifically prohibits them from being police officers or employees who issue citations.”To quote directly from Speiller’s response, the hearing officer’s key duties include:1. Conducting fair hearings where property owners can contest their citations,2. Taking evidence and testimony under oath,3. Making determinations about liability,4. Assessing and enforcing fines when violations are found, and5. Dismissing cases when no violation is proven.“The hearing officer functions somewhat like a judge, but in a less formal setting,” Speiller concluded. “As both laws note, they must conduct fair hearings, maintain due process protections, and testimony must still be given under oath, among other provisions.”"I Just Try To Be Fair"And what about James Cormie, the hearing officer who signed off on $18,000 in fines for landlord Jianchao Xu earlier this month?Cormie told the Independent during a Wednesday phone interview that he lives in East Rock, and is an in-house counsel for the international makeup company Sephora. He said he also works a lot in real estate, doing commercial transactions, leasing, and vendor agreements.How did he wind up becoming a hearing officer?Cormie said he met Brennan at a party, they started talking about housing policy, and wound up getting lunch and developing a casual friendship. He said Brennan later asked him if he wanted to be a LCI hearing officer, and he said yes.What does Cormie see as the big-picture responsibilities of a hearing officer?Cormie stressed that he is “not trying to represent anybody,” not LCI or the landlord facing a civil citation. “I just try to be fair” and “give people a fair shake, give people the ability to be heard,” and act within the bounds of what local and state law say a hearing officer can do.He said he very much does not consider himself a judge.