§ 2-404. Claim process.  


Latest version.
  • (a)

    Any employee protected under this article who alleges retaliation may file a written complaint with the city manager, or such other official or officials as may be designated by resolution of the city commission to receive such complaint, alleging a prohibited personnel action, no later than sixty (60) days after the prohibited personnel action.

    (b)

    Within ten (10) working days after receiving a complaint under this section, the city manager or other designated official shall acknowledge receipt of the complaint and provide copies of the complaint and any other preliminary information available concerning the disclosure of information under this article to the department or employee accused of retaliation.

    (c)

    Upon the filing of a complaint pursuant to this section, the city manager or other designated official shall:

    (1)

    Within sixty (60) days after receiving the complaint, schedule a fact-finding hearing to be conducted by the City of Flagler Beach Personnel Board regarding the allegation of retaliation to determine whether a prohibited personnel action under this article has occurred, is occurring, or is to be taken;

    (2)

    Within ninety (90) days after receiving the complaint, provide the accused department or employee and the complainant with a fact-finding report issued by the City of Flagler Beach Personnel Board. The fact-finding report shall be presumed admissible in any subsequent or related administrative or judicial review; and

    (3)

    The city manager or other designated official shall thereafter take appropriate remedial action based upon the fact-finding report in accordance with section 2-405.

(Ord. No. 2010-14, § 2, 10-14-10)