§ 22-22. Civil service board.
(a)
Board created. A Civil Service Board (the Board) is created by the Charter. The purpose of the Board is to provide classified employees with an economical and less formal opportunity to have certain discipline reviewed by a board of lay persons.
The board is a fact finding body that determines whether or not just cause existed with respect to the charges brought by management which resulted in certain disciplinary actions. A classified employee is not required to have an attorney to appear before the Board.
(b)
Employee rights. The City will make a reasonable effort to advise a classified employee of his/her rights under this section, identifying the time limitation by which a written grievance must be filed with the civil service board's secretary.
(c)
Composition of board and terms of office.
(1)
The board shall be composed of five regular and three alternate members.
(2)
The regular and alternate members of the Board shall be residents of the City and be appointed by the City Council to serve overlapping terms of three years.
(3)
Alternate members shall serve in the absence of any of the regular members.
(4)
Members of the Board may only be removed during their term by the City Council for cause.
(5)
Vacancies on the Board, from whatever cause, shall be filled by appointment by the City Council for the unexpired term.
(6)
No person shall be appointed to the Board who holds any salaried office or employment in the City government nor shall any member be eligible for employment with the City while serving on the Board.
(d)
Appropriations to enable administration. Adequate annual appropriations shall be made to enable the Board to effectively administer the provisions of this section.
(e)
Officers.
(1)
The board shall have a chairperson and vice chairperson who shall be regular members of the board.
(2)
The chairperson and vice-chairperson shall be elected for one year terms commencing on July 1st of each year who shall serve until a successor is elected. All regular and alternate members present for such election may vote.
(3)
The chairperson and vice-chairperson shall be nominated and elected by ballot with voting to continue until a majority has agreed.
(4)
The chairperson and vice-chairperson may serve in each capacity for two consecutive terms only.
(5)
In the absence of the chairperson, the vice chairperson shall act as chairperson.
(6)
In the absence of the chairperson and vice chairperson, a chairperson pro-tem shall be elected by the members present to act as chairperson.
(f)
Secretary to the civil service board.
(1)
The City's Human Resources Director (or the Director of a similar City department designated by the Mayor to fulfill the administrative duties of this section) or his/her designee shall serve as the secretary to the Board. Any reference to the secretary shall include the secretary's designee.
(2)
The secretary shall determine whether a grievance or issue is timely filed and is within the power and authority of the Board to review, as is established by this section of the Code.
a.
If the grievance is within the power or authority of the Board and is timely filed, the secretary will contact all regular members of the Board to schedule a hearing. If a sufficient number of regular board members are not available, alternate board members will be contacted.
b.
If the grievance is not within the power or authority of the Board or if the grievance is not timely filed, the secretary will so notify the grievant and no hearing will be scheduled or held.
(3)
The secretary shall attend all meetings and hearings of the Board and record its official actions in the minutes.
(4)
The secretary shall notify all members of the Board, including regular members and alternate members, of all hearing/meeting dates.
(5)
The secretary shall provide all members of the Board, including regular members and alternate members, with copies of all correspondence.
(g)
Quorum and voting.
(1)
A minimum of three members must be present for a quorum.
(2)
A majority of members present and voting must agree for any vote to be effective, except for tie votes as noted in subsection (j) of this section.
(3)
Absent regular members shall be temporarily replaced by alternate members. When seated, alternates shall have all voting powers exercised by regular members.
(h)
Minutes.
(1)
The official minutes shall, at a minimum, consist of:
a.
The time and place of each meeting or hearing of the Board;
b.
Names of the board members present;
c.
A record of all official acts of the Board;
d.
The votes of each board member unless the vote is unanimous, which shall be recorded as such;
e.
When requested, a board member's dissent along with his/her reasons for the dissension.
(2)
The minutes, or a true copy thereof, shall be made available for public inspection.
(3)
The minutes and files of the Board shall be maintained by the secretary.
(i)
Meetings.
(1)
The board shall determine the frequency, day, and place of its meetings in order to best carry out the powers and duties entrusted to it by the Code.
(2)
Meetings will be used to conduct the administrative affairs of the Board, elect the chairperson and vice chairperson, receive any informational or educational matters, and handle any other business that falls within the purview of the Board including the holding of hearings provided by this section.
(3)
Meetings of the Board are open to the public.
(4)
Notice of Board meetings shall be published in the manner required by law.
(j)
Hearings.
(1)
It shall be the duty of the Board to hear and review grievances submitted by classified employees resulting from disciplinary actions of demotion, dismissal, or suspension in excess of 15 calendar days.
(2)
In the event a grievance is timely filed, the Board will meet within a reasonable period of time and continue until both the grievant and the department have rested their respective cases and made their respective closing arguments. This shall not prevent the Board from continuing a hearing or conducting a hearing on more than one day.
(3)
The secretary shall record the hearing. Neither the City nor the Board shall be held responsible for a recording that is incomplete or inaudible. The Board shall have the authority to reject any request to make an audio or video recording of the hearing unless a nondisruptive recording device is used.
(4)
Should either party desire to have proceedings of the Board recorded by a court reporter, that party shall arrange for and bear the cost of such court reporter.
(5)
The board shall have the power to question witnesses and receive relevant evidence.
(6)
The secretary shall administer the oath to all witnesses prior to a witness testifying.
(7)
During the hearing, both the grievant and the department that administered the disciplinary decision shall have the right to be heard, be represented by persons of their choice who are authorized by law to represent them, and to present evidence and testimony to the Board.
(8)
At the hearing, the technical rules of evidence shall not apply.
(9)
It shall be the City's burden to demonstrate by a preponderance of the evidence that there was just cause for the charges of misconduct made by the City. Once the City has presented evidence sufficient to establish just cause for the charges, the grievant must demonstrate that there was not just cause for the charges.
(10)
After the parties have made their closing arguments, the Board shall close the evidentiary phase of the hearing, deliberate, and issue a written order setting forth the Board's findings. The parties shall have no right to address the Board after the evidentiary phase of the hearing is closed; however, the Board may ask questions of the attorneys/representatives if they deem it necessary, but shall ensure that both sides have an opportunity to answer the questions.
(11)
In the event of a tie vote by the Board concerning whether just cause existed for a charge of misconduct, the City shall not have met its burden and the City's charge of misconduct shall not be deemed upheld.
(12)
Within seven calendar days of the conclusion of the hearing, the Board shall forward its written order to the grievant, the department, and the Mayor.
(13)
The Board shall not have the authority or power to award damages, costs and/or attorney's fees. The Board shall not have the authority or power to order that any particular action be taken except to reverse the discipline when, based upon the facts found by the Board, the Board has found that no just cause existed for the charges of misconduct brought by management which resulted in the discipline. The Board shall not have the authority or power to review the procedures used to impose the discipline.
(14)
Evidence introduced shall be retained and the records and files shall be maintained by the secretary as required by the F.S. ch. 119, and may be destroyed as allowed by law.
(k)
Continuances of hearings.
(1)
When either party requests a continuance of a hearing prior to the commencement of a hearing:
a.
If both parties consent, the secretary may approve the continuance; and
b.
If either party objects, the Board shall schedule a meeting to promptly resolve the request. Both parties shall be permitted to be represented and to present argument on that issue at such meeting.
(2)
If the hearing has commenced and either party requests a continuance, the Board shall resolve the request.
(3)
If the grievant is the party requesting the continuance, the City's obligation (if any such legal obligation exists) to pay backpay shall end on the date of the originally scheduled hearing.
(l)
Review of the Board's findings.
(1)
With regard to all adverse employment actions being reviewed, the grievant shall have the right to have the decision of the Board reviewed in accordance with the law.
(2)
With regard to the review of demotions or suspensions in excess of 15 calendar days, the decision of the Board shall be binding on the Mayor to implement within 15 calendar days after receiving the written order of the Board.
(3)
With regard to the review of dismissals, the Mayor shall have the right to have the decision of the Board reviewed in accordance with the law.
(m)
Business meetings and hearings of the Board shall be governed by Robert's Rules of Order unless modified by the Board or otherwise specified by ordinance or by law.
(Code 1973, § 22-135; Code 1992, § 22-30; Ord. No. 836-G, §§ 1, 2, 6-21-2007; Ord. No. 42-H, §§ 1—3, 9-6-2012)