O-372-73 ORDINANCE NO. 372
AN ORDINANCE CREATING A PERSONNEL APPEALS
BOARD, AND VESTING IT WITH JURISDICTION,
POWERS AND DUTIES.
BE IT ORDAINED BY MIAMI SHORES VILLAGE:
Section 1. There is hereby created a Personnel Appeals
Board, consisting of five persons appointed by the Council and vesting
it with jurisdiction, powers and duties.
Section 2. Said Appeals Board, from and after the adoption
of this ordinance, shall, on the complaint of any employee of this
Village, as hereafter provided, who has been discharged, suspended
for more than three days, or reduced in pay or rank, may file with the
Personnel Appeals Board, a statement of appeal setting forth the facts
regarding his discharge or reduction in pay or rank, alleging that he has
been a continuous employee of the Village for not less than one year and
request a hearing. Said appeal must be filed by an employee within
fifteen days from his discharge or reduction in pay or rank.
Section 3. The Board shall select the chairman and may
designate one of its members as Secretary. A quorum must be present
for the transaction of any business of the Board. Four members of the
Board must be present to constitute a quorum, but less than a quorum may
adjourn to a specified time.
Section 4. The decision of the Board, if concurred in by its
members, shall be binding upon the Village and the employee. Such
decision may either order a new hearing; dismiss the appeal on the merits;
order the reinstatement of the employee, absolutely or on terms or con-
ditions; or, require such other action as may be just.
Section 5. Members of the Board shall have the right to
administer oaths and may, at the request of either party, call or subpoena
any person or records for the purpose of ascertaining the facts.
Section 6. The Village Manager, department head, or
other officer, suspending, discharging, or reducing in pay or rank
of the appellant, shall have the right to be represented by the Village
Attorney or other counsel employed by the Village.
Section 7. The appellant shall have the right to be represented
by counsel.
Section 8. In hearings the Board shall not be bound by
formal rules of evidence, but findings of the Board shall be based upon
competent substantial evidence of record. The employee shall not be
required to testify, except upon advice of his counsel or by his own volition.
Section 9. The Village Manager, department head, or other
officer responsible for the discharge or the reduction in rank or pay of
the employee, shall present his evidence to support the action taken by
him.
Section 10. The appellant shall have the right to present evidence
to refute the charges brought against him.
Section 11. Rulings on objections and other questions of law
shall be made by the Chairman, but such rulings may be over-ruled by a
majority vote of the Board. Before making any ruling, the Chairman or
any member of the Board, may request the opinion of the attorney for the
Board, if he is present. For these purposes the Board may, from time
to time, employ counsel to be in attendance and advise them.
Section 12. After the completion of closing argument, the Board
shall hold an executive session to consider the evidence and determine
the truth or untruth of the charges, in accordance with the evidence. At
such executive session only members of the Board shall be present;
provided, however, that at the request of a majority of the Board the
attorney for the Board may be present only for the purpose of giving
such assistance as the Board may determine.
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Section 13. Within forty-eight hours after the completion
of the hearing, the Board shall report its findings in writing. The
Chairman of the Board shall promptly deliver or mail a copy of such
findings to the Village Manager and to the appellant, or his counsel
by registered mail.
Section 14. The original and one copy of the transcript, if
any, shall be made, the original remaining in the possession of the
Board Chairman, the copy to be sealed and placed among the Village's
permanent records and to be made public only with written consent of
the Board.
Section 15. If either party to the appeal shall fail to appear,
the Personnel Board may hear the evidence and render a decision thereon,
notwithstanding such absence.
Section 16. This ordinance shall take effect immediately upon
its passage.
PASSED and ADOPTED this 20th day of February, 1973.
Mayor
ATTEST:
Village Clerk
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