§ 2-47. Suspension, dismissal, reduction in grade and appeals.

Any employee may be suspended or reduced in grade or dismissed by the head of his department or designee thereof as approved in the manner provided for in an administrative order for any cause which will promote the efficiency of the service. In the case of dismissals or suspensions of five (5) or more consecutive days, prior to taking such action, the department head or approved designee may consult with the Personnel Director, unless such emergency conditions exist as would preclude such prior consultation. A written statement of the reasons for the action shall be furnished to every permanent employee suspended, reduced in grade, or dismissed. A probationary employee shall not, as a matter of right, be entitled to appeal the action taken. Any employee who has completed the probationary period may appeal the action to a hearing examiner within fourteen (14) days by requesting the same in writing of the Personnel Director. Such hearing examiner shall be assigned by the Personnel Director from:

(a)

A list supplied by the American Arbitration Association; or

(b)

A list of private attorneys, approved from time to time by the Board of County Commissioners, who have practiced not less than five (5) years and who have received a rating from a national rating service for attorneys.

Such hearing examiners may be paid a fee for their services but shall not be deemed County officers or employees within the purview of Sections 2-10.2, 2-11.1 or otherwise. The hearing examiner shall conduct a hearing after notice upon the charges and shall transmit his findings of facts, conclusions, and any recommendations together with a transcript of all evidence taken before him and all exhibits received by him, to the Manager who may sustain, reverse or modify the suspension, reduction in grade, or the dismissal. Such hearings shall be conducted insofar as is practicable in accordance with the rules of civil procedure governing the procedure in the Circuit Court, except as may be provided in this Code or by rules adopted by the Board of County Commissioners. Any interested party may procure the attendance of witnesses and the production of records at such hearings in the manner provided by Section 2-50. Any person appearing before a hearing examiner under the provisions of this section has the right, at his own expense, to be accompanied, represented and advised by counsel or other qualified representative. (Counsel shall mean a member of the Florida Bar.) If a person is not represented by counsel or does not appear on his own behalf, but is desirous of representation by a qualified representative, the hearing examiner shall make diligent inquiry of the prospective representative, under oath and on the record, prior to commencing the hearing to assure that the prospective representative is qualified to appear in the hearing and capable of representing the rights of the person.

All hearings requested pursuant to this section shall be commenced within sixty (60) days from the time the notice of appeal is received by the Personnel Director unless the employee requests additional time to prepare his appeal or requests that the hearing be continued pending the outcome of a related criminal proceeding, or requests additional time for other good reason. In the event a properly requested hearing is not commenced timely, the dismissed employee shall be entitled to temporary reinstatement until such time as a hearing is commenced. The County Manager shall reach his decision within thirty (30) days from the receipt of the hearing examiner's recommendations. In the event the County Manager does not reach a decision within thirty (30) days of receipt of the hearing examiner's recommendations, the dismissed employee shall be entitled to temporary reinstatement until such time as the decision by the County Manager is reached. However, at all times requirements of this section may be waived by mutual agreement between the dismissed employee and the County. This section shall also apply to exempt employees when required by the terms of a collective bargaining agreement or as approved in an administrative order.

(Ch. 30255, § 13, Laws 1955; Ord. No. 57-16, § 1, 10-7-57; Ord. No. 58-11, § 1, 4-16-58; Ord. No. 65-18, § 1, 3-16-65; Ord. No. 68-63, § 1, 11-5-68; Ord. No. 70-49, § 5, 6-16-70; Ord. No. 73-35, § 1, 4-3-73; Ord. No. 75-102, § 3, 11-4-75; Ord. No. 76-43, § 1, 5-4-76; Ord. No. 77-15, § 1, 3-1-77; Ord. No. 78-64, § 1, 10-4-78; Ord. No. 83-100, § 1, 11-1-83; Ord. No. 84-55, § 2, 6-19-84)

Annotation— AO 7-16.