HomeMy WebLinkAboutCity of Tamarac Resolution R-88-285Temp. Reso.
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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-
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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-
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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.
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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
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