Loading...
HomeMy WebLinkAboutCity of Tamarac Resolution R-88-285Temp. Reso. 1 2 M 4 5 9 i0 11 12 13 14 15 16 17 8 .9 ;r 22 23 24 25 26 27 28 25 'C 32 33 34 35 36 i i CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88_zs� A RESOLUTION OF THE CITY OF TAMARAC RELATING TO PERSONNEL PROCEDURES; PROVIDING FOR RULES OF PROCEDURE FOR GRIEVANCE HEARINGS HELD PURSUANT TO SECTION 52.02 OF THE PERSONNEL MANUAL OF THE CITY OF TAMARAC; AND PROVIDING AN EFFECTIVE DATE. WHEREAS Section 52.02 of the Personnel. Manual of the City of Tamarac provides that a permanent employee of the City (excluding department heads or members of a collective bargaining unit) who have been demoted, suspended or fired and who have exhausted the grievance procedure outlined in the Personnel Manual may file written notice with the City Manager requesting a public hearing before the City Council; and WHEREAS, the City Council wishes to establish appropr- iate rules of procedure to govern hearings held pursuant to Section 52.02 of the Personnel Manual; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE SECTION 1 That the following rules of procedure are hereby adopted to govern public hearings held before the City Council pursuant to Section 52.02 of the City of Tamarac Personnel Manual: A. The Council shall hear evidence upon the charges and specifications as filed with it by the officer of the City initiating the action. No material amendment of, or additions to, said charges or specifications will be considered by the Council. B. The procedures shall be as informal as is compat- �M 3 4 5 9 10 11 12 13 14 15 16 a 9 20 21 FAA 23 24 25 26 27 28 29 32 33 34 35 36 able with justice and due process, and the Council and all parties will limit themselves to the finding of facts only. C. The officer of the City initiating the action shall present the evidence and witnesses, if any, in support of the charges. The grievant/employee shall then produce said evidence and witnesses, if any, as he/she may wash to offer in his/her defense. The parties may then offer rebuttal evidence, and the Council shall hear arguments. D. The Council shall have the right to require attend- ance of City employees as witnesses and the produc- tion of pertinent City documents. Employees, when notified, shall appear before the Council. E. The Council may, in its discretion, request opinions from the City Attorney regarding any question of law and evidence. Conversely, the grievant/employee shall have the right to be represented by legal counsel, however, compensation of such legal counsel shall not be the responsibil- ity of the City. F. The officer of the City initiating the action may be represented by an attorney appointed and compen- sated by the City, who is one other than the City Attorney. G. If the grievant/employee whose appeal is to be heard shall fail to appear at the time affixed for hearing, and if such absence is not excused by the Council, the Council may proceed to hear and arrive at its findings in absentia. If the officer initiating the action shall fail to appear the Council may dismiss the City's case or take what- 1 2 3 4 5 5 9 10 11 12 13 14 15 16 '8 9 20 2x 22 23 24 25 �, 51 27 28 29 �n 32 33 34 35 U ever action it deems appropriate, including order- ing reinstatement of the employee/grievant. H. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded, but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any part of the evidence may be received in written form, and all testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supple- menting or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. I. The presiding officer of the Council shall have the power to swear witnesses, take their testimony under oath, and to issue subpoenas upon the written request of any party or upon the Council's own motion. J. Any person subject to a subpoena may, before compliance and on timely petition, request the Council to invalidate the subpoena on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material. K. A party may seek enforcement of a subpoena issued by the Council, by filing a petition for enforcement in the circuit court of the judicial circuit in which the person failing to comply with the subpoena or order resides. A failure to comply with an order of the court shall result in a finding of contempt of court. 1 2 3 L7 5 5 9 10 11 12 13 14 15 16 1 17 118 9 22 1 23 24 25 26 27 28 29 -40 32 33 34 35 36 L. Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original. M. A party shall be permitted to conduct cross- examination when testimony is taken or documents are made a part of the record. N. The final order of the Council shall contain necessary findings of fact and conclusions at law. The order of the City Council may reinstate the grievant/employee, may provide for back pay, may uphold the action taken by the City or provide for any other disposition of the issues as the Council may deem proper. SECTION 2 : This Resolution shall become effective immediately upon its passage. PASSED, ADOPTED AND APPROVED thisZ ay Of , 1988. ATTEST: 64."U CAROL A- EVANS CITY CLERK I HERESY CERTIFY that I have approved this RESOLUTION as to form. KVI agw� - -- RICHARD L. DOOD CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR _ ___ _ ABRAMOWITZ�- DISTRICT 1: C/M ROHR DISTRICT 2:, V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/, _ M BENDER II 11 P-� 1