§ 2-272. Personnel board.

(a)

Composition; terms. There shall be a personnel board consisting of five (5) members who shall be appointed by the city commission. At its first meeting of each year, the board will elect one (1) of the five (5) as chairman. Such meeting shall be called to order by the secretary, who shall then call for nominations for chairman. The term of office shall be for three (3) years and shall be staggered so that not more than two (2) terms expire within any one (1) year. Vacancy in an unexpired term shall be filled by the city commission by appointment for the remainder of the term. A member of the personnel board may be removed by the city commission only for cause and after being given a written statement of the charges against him and a public hearing thereon, if he so requests.

The initial three (3) members of the personnel review board shall be appointed for a term of one (1) year. The remaining two (2) members of the personnel review board shall be appointed for a term of two (2) years. In January, 1995, the city commission shall appoint three (3) members to the advisory board for a term of two (2) years. Each member shall serve for a term of two (2) years.

(b)

Qualifications of members. Each member of the personnel board shall be a qualified elector of the city and shall neither hold nor be a candidate for any other public office or position.

(c)

Compensation. Members of the board shall either serve without pay or shall receive such pay as may be fixed by ordinance by the city commission.

(d)

Powers and duties. The personnel board shall have power and shall be required to:

(1)

Hear appeals in case any full-time city employee is suspended without pay for more than three (3) working days; reduce or remove and report in writing to the city manager its findings and recommendations:

a.

All full-time city employees who are not represented by or are not part of a collective bargaining unit shall be subject to the requirements of and shall be entitled to the rights, benefits and protections of this article and the rules and regulations adopted pursuant hereto.

(2)

Perform such other duties with reference to personnel administration as the city commission may require by ordinance.

(e)

Rules of procedure:

(1)

The chairman of the personnel board, or in his absence the vice-chairman, empowered to act as chairman, shall preside over the conduct of the personnel board hearings.

(2)

The presiding officer shall state the nature of the matter before the board; i.e., whether it is an appeal from adverse disciplinary actions (e.g., termination, suspension or demotion).

(3)

Appeals from adverse disciplinary action (termination, suspension or demotion):

a.

The presiding officer shall require each party (the disciplined employee and the city) to designate one (1) person to present its evidence and argument to the board.

b.

The board shall hear first from the disciplined employee, the employee's witnesses and evidence, and the city's representative shall have the right to cross-examine the employee's witnesses.

c.

At the close of the presentation of the employee's case, the city shall be allowed to present its evidence and the testimony of witnesses in support of the disciplinary action taken. The employee's representative shall have the right to cross-examine the city's witnesses.

d.

The employee shall have the burden of proving by clear and convincing evidence that the disciplinary action taken was inappropriate under the circumstances.

e.

All testimony shall be taken under oath, with the oath being administered by one duly appointed to administer oaths within the State of Florida. All evidence received shall be retained in the official records of the board.

f.

If the board desires to hear from additional witnesses or receive additional evidence, it may request the presence of such witnesses or to secure such evidence at a continued meeting called to receive and consider such evidence and testimony. Such continued meeting shall, if possible, be held within ten (10) days of the initial meeting.

g.

At the close of the presentation of the testimony and the evidence, the board shall make findings of fact and recommendations relative to the disciplinary action, if any, deemed appropriate. Such findings and recommendations shall be promptly reduced to writing, executed by the presiding officer and transmitted to the city manager.

Upon conclusion of any hearing hereunder, the board shall, within five (5) days, render its written advisory opinion to the city manager regarding what the board deems should be the final action to be taken by the city manager in the case. Upon receipt of the board's advisory opinion, the city manager shall forthwith make a final determination in the case and the employee shall have no further right of administrative appeal.

(Ord. No. 91-27, § 11.05, 11-21-91; Ord. No. 93-25, § 1, 12-16-93; Ord. No. 94-1, § 1, 2-24-94; Ord. No. 2001-22, § 1, 7-12-01)