O-382-74 ORDINANCE NO. 382
AN ORDINANCE CREATING A PERSONNEL APPEALS
BOARD, VESTING IT WITH JURISDICTION, POWERS
AND DUTIES, AND REPEALING ORDINANCE NO. 372.
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 hold a hearing 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, who shall 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 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 conditions; 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. The Board
shall adopt rules of practice and procedure, which rules shall become
effective upon being approved by the Village Manager.
Section 6. The Village Manager, department head, or other
officer suspending, discharging, or reducing in pay or in 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, but may do so of his own volition or upon advice of his
counsel.
Section 9. The appellant shall have the right to present
evidence to refute the charges brought against him.
Section 10. After the appellant has presented his evidence,
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 by him.
Section 11. Rulings on objections and other questions of law
shall be made by the Chairman, but such rulings may be overruled 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. The Village Attorney may represent the Board in
such hearings, but if he declines to do so, the Board, with the consent of
the Council, may employ other or additional counsel.
Section 12. 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.
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Section 13. 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 14. This ordinance repeals Ordinance No. 372 and
shall take effect upon becoming a law.
PASSED on first reading this 2nd day of July, 1974.
PASSED and ADOPTED on second reading this 16th day of
July, 1974.
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ATTEST: Mjr
Village Clerk
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Southern Bell
J.W.Travis Hurt Building, P.0. Box 2211
Vice President Atlanta,Georgia 30301
Phone (404) 529-6237
TO THE VILLAGE CLERK OF
MIAMI SHORES VILLAGE, FLORIDA:
Pursuant to Section 5 of Ordinance No. 381 adopted by Miami
Shores Village, Florida, on the 16th day of July, 1974, entitled:
"AN ORDINANCE Authorizing the Southern Bell Telephone
and Telegraph Company to use the public streets of Miami
Shores Village Florida, for the purpose of erecting,
constructing, maintaining and operating lines of telephone
and telegraph thereon and thereunder.";
the Southern Bell Telephone and Telegraph Company hereby files with the
said Miami Shores Village, Florida, its acceptance of said ordinance.
EXECUTED this 2nd day of August, 1974
SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY
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