§ 15.5-27. Career service appeals boards.

(a)

Functions of Boards. Ad hoc career service appeals boards shall be appointed as provided herein for the purpose of hearing appeals of career appointees and employees arising from members actions brought under office rules or policies which result in dismissal, suspension, demotion, or reduction in pay, provided that reprimand, oral or written, loss of specialty pay, and suspension of five (5) working days or less as a result of a single investigation shall not be appealable to a board.

(b)

Membership of Boards. When needed upon the call of the sheriff, or upon the filing of an appeal, an ad hoc career service appeals board shall be appointed. The membership of each such board shall consist of five (5) appointees or employees of the office of the sheriff, two (2) of whom shall be selected by the sheriff, two (2) of whom shall be selected by the person filing the appeal, and the fifth of whom shall be selected by the other four (4) members. The ranking member in charge of personnel shall serve as the chairman and an ex officio member of the board, but shall have no vote. Any person shall have the right to decline to serve as a member of a board. Once selected to a board, the members thereof shall serve without compensation therefor of any kind, and until final action is taken by the board with respect to the purpose for which the board was selected, at which time the board shall be dissolved.

(c)

Procedure with respect to appeals.

(1)

Within seven (7) working days after a nonexempt person is notified of any disciplinary action in accordance with the procedures, the affected person may seek a formal hearing for a review of such disciplinary action by providing to the sheriff or the sheriff's designated representative a written notice of appeal which shall be hand delivered or sent via certified mail, return receipt requested.

(2)

If a hearing is requested in accordance with these provisions, a career service appeals board shall be selected and must meet for purposes of hearing the appeal no later than thirty (30) working days after receipt of the notice of appeal. However, an extension of time of a maximum of fifteen (15) days shall be allowed upon the showing of good cause or if the affected person agrees to the postponement. In the case of a notice of dismissal, the affected person shall remain dismissed without pay pending the hearing and the final decision of the sheriff. In the case of a suspension of greater than five (5) days, the disciplinary action pertaining to the affected person shall be stayed pending the completion of the review process.

(3)

The member filing an appeal have the right to a public hearing, to be represented by a person of his or her choice, and to present any relevant, probative and material evidence in his or her behalf. Any person filing an appeal shall also have the right to be represented by a person of his or her choice, including an attorney, who shall be permitted to inquire of witnesses, present evidence and testimony, and offer argument. During such hearings the technical rules of evidence shall not apply. However, irrelevant, immaterial of unduly repetitious evidence shall be excluded. All other evidence as would be admissible in the courts of Florida shall be admissible. Hearsay evidence may be introduced and used for supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding by the board unless it would be admissible over objections in a civil action. The board shall, in the conduct of such hearings, have the power to administer oaths, issue subpoenas, compel the attendance of witnesses, and require the production of books, records, accounts, papers, documents, and testimony. In case of disobedience of any person to comply with an order of the board or a subpoena issued by the board, or upon the refusal of a witness to testify on any matter regarding which he or she may be lawfully interrogated, a county judge of the county in which a person resides, upon application of the chairman of the board, shall compel obedience by proceeding as for contempt. Each witness who appears in obedience to a subpoena before the board shall receive compensation for attendance fees and mileage as provided for witnesses in civil cases in the courts of this state. Such payments shall be made by the party calling the witness; except that with respect to any witness called by the board, payments shall be made by the sheriff upon presentation of proper vouchers and approval by three (3) members of the board.

(4)

A board shall by majority vote dispose of the appeal for which it was appointed by making findings of fact and issuing a written report containing its findings including any mitigating circumstances to be noted for review by the sheriff. The sheriff shall retain the right of final determination in accordance with the rules and regulations of the office of the sheriff and any disciplinary schedules contained therein. No appointed person may be reinstated, with or without back pay or benefits, without the concurrence of the sheriff. For disciplinary purposes, the sheriff or the sheriff's designee may reprimand, orally or in writing, or summarily suspend an employee or appointee for a period not exceeding five (5) working days; and such action shall not be subject to review and recommendation of the board.

(5)

The actions of the board and the sheriff shall be exempt from the provisions of chapter 120, Florida Statutes.

(Ord. No. 93-6, § 7, 3-23-93)