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HomeMy WebLinkAboutAppeal ProcessThe Children'sTrust THE CHILDREN'S TRUST Appeal Process An applicant may appeal The Trust funding recommendations by utilizing the following guidelines. a. Whenever a competitive process is utilized, an applicant who is adversely affected by a procedural determination may file a Request for Review/Notice of Appeal, in writing, within seventy-two (72) hours following the receipt of failure to advance to the next stage of review due to a fatal flaw or within seventy-two hours (72) following receipt of the President/CEO's written recommendations for funding to the Board. The Request for Review/Notice of Appeal shall be in writing, shall state the facts upon which such appeal shall be based on the issue(s) to be decided. All notices shall be directed to the President/CEO at: The Children's Trust, 3150 SW 3rd Avenue, 8`h Floor, Miami, Florida 33129. b. An appeal may not challenge the relative weight of the evaluation criteria or the formula specified for assigning points therefore contained in the bid, request for proposals ("RFP") or request for qualifications ("RFQ") specifications which have been approved by the Board. c. The President/CEO or designee, and a Board member if available, shall meet with the applicant to review such appeal within seven (7) working days of receipt of the formal written Notice of Appeal. Board members shall be selected in alphabetical order on a rotating basis from a list of Board members desiring to participate in the review process. Said list shall be compiled at the commencement of each calendar year. Lack of Board Member participation in the review process will not delay or affect the review. The decision reached after review and appeal will be provided to the applicant in writing within three (3) business days. d. If the applicant disagrees with the decision and desires further appellate review, the applicant shall appeal the decision within five (5) business days from receipt of the decision with the Clerk of the Board of The Children's Trust at the above address. An appeal shall be in writing, shall state the particular grounds on which it is based, and shall include all pertinent documents and evidence. No appeal shall be accepted unless it complies with the requirements of this Section. e. Appeals filed in accordance herewith shall be referred to a hearing examiner. Costs of the appeal, including full payment of the hearing examiner's fee, shall be paid by the appellant/applicant prior to commencement of the hearing. The hearing examiner shall conduct a hearing on the appeal on the date specified for such hearings in the RFP or RFQ, unless a new date is mutually agreed upon by The Trust and the appellant/applicant. The hearing shall be electronically recorded. The hearing examiner shall, within two (2) business days of hearing the appeal, file written findings and recommendations with The Clerk of the Board, who shall submit or mail a copy of the same to all participants in the competitive process. The hearing examiner shall consider the written appeal, supporting documents, and evidence appended thereto, the President/CEO's recommendation, and all evidence presented at the initial review. The hearing examiner may also require written summaries, proffers and affidavits as the hearing examiner determines to be necessary in order to conclude the hearing and file written findings and recommendations. The hearing examiner shall be entitled to rely on evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. f. The hearing examiner shall allow a maximum of one hour for the appellant/applicant's presentation and a maximum of one hour for The Trust's response to the appeal. Hearing examiners shall be selected from a panel of retired judges who have served five (5) years or more as County or Circuit Court judges of the Eleventh Judicial Circuit in and for Miami -Dade County, Florida. Alternatively, if no judges are available to serve at the hearing, a Florida Bar certified mediator selected from a panel of mediators approved by the Board may serve as hearing examiner. The Board shall approve a list of mediators at the commencement of each calendar year, mediators may be added to the list upon Board approval if necessary. g. h. The hearing examiner's findings and recommendation shall be presented to the Board together with the recommendation made after review by the President/CEO or designee. Notice thereof shall be mailed to all participants in the competitive process at least five (5) days in advance of such presentation. The matter shall be resolved by the Board on the basis of the record before the hearing examiner and no evidence, issue or speaker, which was not heard or raised at such hearing, shall be permitted or considered. Presentations to the Board by any participant in the competitive process shall be limited to five (5) minutes per side. The foregoing time limitation shall be inclusive of all permitted speakers addressing the Board on behalf of each side. i. If the hearing examiner concurs with the recommendation of the President/CEO, or designee, a two-thirds (2/3) vote of the Board shall be required to take other than the recommended action. If the hearing examiner does not concur with the recommendation of the President/CEO, or designee, a simple majority vote of the Board shall be required to take other than the recommended action.