As a hearing officer for the city’s Office of Administrative Trials and Hearings, UFT member Aubrey Lees adjudicates cases involving summonses issued by the city’s regulatory agencies.
What does a hearing officer do?
When a city agency accuses a business or person — a respondent — of violating a law or policy, I hear the case and make a decision, acting as the judge. The hearing is like a trial, but it’s done over the phone. Each side presents their case. They have the opportunity to bring witnesses, submit evidence and give their position. Whatever they want to say, they say. When we’re finished, I write up my decision and submit it to the city.
What kinds of cases do you hear?
It runs the gamut from sanitation or noise violations to environmental protection violations, smoking, rodents, fire safety, and licensing for food carts or other businesses. A lot of it is public safety or quality of life. For most violations, there’s a monetary penalty.
What’s the most challenging aspect of your job?
Working remotely. We were in person before the pandemic, which meant we could talk to respondents face-to-face or walk them to the clerk’s office if they needed clerical assistance. The cases were more manageable then. During the pandemic, we had to work from our own computers, and it became a big issue for the union. We spent a lot of our own money on equipment, and we continue to use 20-year-old software. Meanwhile, the caseload has increased dramatically. Respondents have to wait hours and hours by the phone. They could be waiting from 8:30 a.m. to 4 in the afternoon for their hearing. They become upset and agitated, and I don’t blame them.
How do you deal with upset respondents?
People just want to be listened to, even when they’re very angry. I want to listen to them because everyone deserves a fair hearing. I remember one dirty-sidewalk case with a homeowner who explained to me how she tries to keep her sidewalk clean by sweeping it. She was just so grateful to be heard.
How did you become a hearing officer?
I started this work in 2009. You have to have been a practicing lawyer for three years and pass ethical clearances. I litigated for years, but I didn’t work for the city. I was interested in work where I could set my own hours. I imagine that’s how it is for most of my colleagues. When I started working as a hearing officer, I couldn’t believe all the rules. There’s just a whole morass of laws. Now that I deal with these rules and regulations every day, it feels more routine to me, but I always remember it’s not routine for the respondents.
What’s the most fulfilling aspect of your job?
I go strictly by what the law says and by what’s presented to me. I don’t have the feeling of being happy with the resolution. That’s irrelevant to what I’m doing. What’s most important is that everyone has a fair hearing, and that I’ll really listen to them and deliberate. That’s what all hearing officers do.
What does it mean for you to be a member of the UFT’s Hearing Officer (per session) Chapter?
I can’t imagine what this job would be like without a union. The union has fought for us to get pay increases and fix issues with our hours. We need the union because it’s very difficult to be taken seriously. But we’re functioning lawyers who provide a service to the city, and we work hard. We take our jobs seriously. We listen to thousands of summonses that are brought by city agencies and adjudicate them. Without us, what would the city do?
—As told to Hannah Brown