§ 86-485. Appeals; personnel board.

(a)

Philosophy.

(1)

Because reductions in pay, demotions, suspensions and dismissals are employer actions which have such a serious adverse effect upon the lives of employees, and because such actions are normally not effectively appealable within the regular administrative structure, special channels and procedures must be established to ensure fairness and equity to employees involved in such actions.

(2)

Whenever the county proposes and/or takes an action that severely affects an employee's employment status (adverse action), it shall afford the employee procedural due process. Procedural due process shall include:

a.

A written statement of the reasons for a proposed action and an opportunity to reply before an action is taken;

b.

Notification of the action taken, the reasons for the action stated in sufficient detail for a full and complete understanding, the right to appeal and the manner in which the appeal may be initiated;

c.

An impartial hearing officer or board;

d.

The right to representation, including legal counsel;

e.

Fair rules of evidence; and

f.

The right to confront and cross examine witnesses.

(3)

The county personnel board shall hear appeals arising from adverse actions.

(b)

Adverse actions.

(1)

Adverse actions are those actions taken by a department director for disciplinary reasons which result in an employee involuntarily suffering a loss in pay. Such actions include reduction in salary rate, demotion, suspension and dismissal. Placement of an employee on leave without pay status (or a charge against annual leave in lieu of suspension) as a disciplinary measure may also be considered an adverse action.

(2)

Demotions resulting from organizational changes, reductions in force because of lack of funds, rejections of probation, classification studies, and the voluntary initiative of an employee are not adverse actions for disciplinary reasons and are not appealable to the personnel board as such. Separations during the probationary period for original entrance appointments are not appealable to the personnel board. Adverse actions may be appealed to the personnel board as provided in this section.

(c)

Appeal procedures.

(1)

Notice of adverse action. Concurrently with or in advance of action to reduce an employee's pay, suspend, demote or dismiss, an appointing authority shall notify an employee of the action being taken, the reasons for the action stated in sufficient detail for a full and complete understanding, the employee's right of appeal, and the manner in which the appeal may be initiated.

(2)

Time limit for appeal. The appeal by an employee shall be made within ten working days after receipt of the notice of adverse action, or of the occurrence of the event giving rise to the appeal.

(3)

Method of filing appeal. Appeal shall be made by filing a written request for a hearing before the county personnel board. Such request shall be filed with the county human resources office within the prescribed time limit.

(4)

Scheduling of appeals. The human resources office shall schedule appeals before the personnel board as expeditiously as possible, giving due consideration to the availability of board members, the availability of the parties, the complexities of the specific case, and the workload of the personnel board.

(5)

Postponements. Postponements may be granted only for good cause. Scheduling of cases will initially attempt to accommodate the needs of both parties in arranging their schedules and making adequate preparation. Postponement beyond the scheduled date will only be in recognition of unforeseen and unavoidable circumstances.

(6)

Subpoenas. Subpoenas for attendance at hearings may be issued upon request of the parties. The request for a subpoena must contain the names and addresses of those to be subpoenaed and the reason for the necessity of such a subpoena. Requests for subpoenas and for production of any books, records or papers pertinent to the hearing shall be made to the county human resources office at least two weeks prior to the hearing date.

(7)

Representation. Any party or person appealing to the personnel board shall have the right to be accompanied, represented or advised by an attorney or other representative. Any designated attorney or representative should file a notice of representation with the county human resources office as soon as possible after being so designated.

(d)

Personnel board.

(1)

Hearings before the personnel board shall be conducted informally in accordance with the Sunshine Law, F.S. § 286.011, and in accordance with procedures established by the personnel board, and shall not be bound by formal court procedures.

(2)

The personnel board or any member or alternate of the board designated by the board shall have the power to:

a.

Administer oaths and affirmations;

b.

Issue subpoenas for attendance and, with the approval of the county manager, compel the production of books, records and papers;

c.

Rule upon offers of proof and receive relevant evidence;

d.

Call and question witnesses;

e.

Take or cause depositions to be taken;

f.

Regulate the course of the hearing;

g.

Hold conferences for the settlement or simplification of the issues by consent of the parties;

h.

Dispose of procedural requests or similar matters; and

i.

Recommend decisions to the county manager.

(3)

Each party shall have the right to present his case by oral and/or documentary evidence, to submit rebuttal evidence, and to conduct such cross examination as may be required for a full and true disclosure of the facts.

(4)

A hearing may proceed in the absence of the appointing authority. If the appellant, after due notice, fails to be present, or fails to obtain an adjournment, and within five days does not provide good cause acceptable to the human resources director, the department's action shall be presumed to be valid.

(5)

The personnel board may grant continuances or adjourn the hearing from time to time upon its own motion, upon joint request of the parties, or upon the request of one party for good cause shown.

(6)

A party who does not testify in his own behalf may be called and examined by the personnel board as if under cross examination.

(7)

The personnel board shall transmit its findings and advisory decision to the county manager for review and final decision within seven calendar days of the completion of the hearing or review.

(8)

Board members must be present when the board is called to order and must be present throughout the whole proceeding in order to take part in any of the proceeding, including deliberations and the final vote.

(e)

Decision by county manager.

(1)

The county manager shall give due consideration to the findings and advisory decision of the personnel board. When the county manager proposes to base his decision on evidence or information not a part of the record, his decision, if adverse to the appellant, shall not be made until a proposal for decision is served on the parties and an opportunity is given to the appellant to file an exception and to present oral or written argument. The proposal for decision shall contain a statement of the reasons therefor.

(2)

The county manager may accept in full, modify or completely reject the personnel board's advisory decision. In the event of modification or rejection of the personnel board's advisory decision, the county manager may substitute such action as he believes will best resolve the issue in the interests of county government.

(3)

The decision or proposal for decision of the county manager shall be rendered within ten working days of the receipt of the findings and advisory decision of the personnel board. If an exception to the proposal for decision is filed, the final decision shall be issued within ten working days of written or oral argument received from the appellant.

(4)

The decision of the county manager shall be final, and the employee shall have no further right of administrative appeal.

(5)

The employee and all parties affected shall be promptly notified in writing of the county manager's final decision.

(f)

Restoration of position and back pay. The county manager may decide that the disciplinary action was not well founded or too severe and may direct that it be canceled or modified. In the event that cancellation is directed by the manager, the affected employee shall be paid in full for such portion of time as he was unjustly suspended, reduced in grade or pay, or removed. In the event that the action taken was removal or reduction in grade or pay, the affected employee shall be restored to his former position and pay status, or to a position in the same class and pay status. In the event that modification is ordered, the county manager's decision will include directives as to pay.

(Ord. No. 81-19, § 15.05, 9-3-81; Ord. No. 2011-17, § III, 5-19-11; Ord. No. 2016-11, § I, 5-19-16; Ord. No. 2017-27, § I, 11-16-17)

Cross reference

Boards, commissions, councils and authorities, § 2-421 et seq.