HomeMy WebLinkAboutCode Master Project 1978: Chapter 361: Administrative Review (New)make another copy of this. Put one in Chpt 351 & one in 361
ORDINANCE NO. 12-84
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, REPEALING CHAPTERS 351 AND 361 OF
THE CODE OF ORDINANCES AND REPLACING THEM
WITH CHAPTER 351, "PERSONNEL POLICY";
ESTABLISHING A PERSONNEL POLICY; PROVIDING
FOR PROCEDURES FOR ADMINISTRATION OF THE
PERSONNEL POLICY; ADOPTING A PERSONNEL
POLICY AND PROCEDURES MANUAL; REPEALIING
ALL PORTIONS OF THE CITY CODE IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, deems it advisable and in the best interest of the City
of Cape Canaveral and its employees, to revise the existing
personnel policies; and
WHEREAS, the City Council of the City of Cape Canaveral,
Florida, has formulated a program of personnel policies, a copy
of which is attached hereto and made part hereof;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Cape Canaveral, Florida, as follows:
SECTION 1. Chapter 351, "Personnel Policy" , and Chapter
361, "Administrative Review" , are hereby repealed in their
entirety.
SECTION 2. The Personnel Policy and Procedures which are
attach hereto and made a part hereof by reference is hereby
adopted as Chapter 351, "Personnel Policy", of the City Code of
the City of Cape Canaveral, Florida. This Chapter shall be
published in manual form and a true and correct copy shall be
maintained in the office of the City Clerk at all times.
SECTION 3. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 4. This Ordinance shall take effect immediately
upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 19th day of June , 1984.
[signature]
Mayor
ATTEST
[signature & seal]
Deputy City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT [didn't vote]
FISCHETTI YES
NICHOLAS YES
RUTHERFORD YES
WINCHESTER [didn't vote]
Persmission to Advertise: 5-15-84
First Reading: 6-5-84
Posted: 5-16-84
Advertised: 5-25-84
Second Reading: 6-19-84
Not in code
New Ch. 361
& Chap 351
ADMINISTRATIVE REVIEW
2
2 and changes
Chap 351
7/17/73
361.01. Administrative Review Judge Established;
Jurisdiction; Authority. There is hereby established an Administrative
Review Judge which upon proper application shall hear complaints and
grievances and review supervisory decisions adverse to any permanent
employees of the City of Cape Canaveral, except the City Manager.--*
His jurisdiction shall be limited to (a) complaints or
grievances concerning a discriminatory action by supervisory personnel,
(b) review of disciplinary action by supervisory personnel, (c) review
of dismissal action by supervisory personnel or in the case of the City
Clerk or City Treasurer OR CITY MANAGER** by the City Council.
**AMENDED ON 2ND READING 7-17-73
He shall have the authority to compel attendance of
witnesses, to make findings of fact, and to direct appropriate relief.
361.02 Qualifications; Appointment; Compensation.
(a) The Administrative Review Judge shall be an attorney
and shall not have any direct or indirect association with any official or
employee of the City of Cape Canaveral.
(b) He shall be chosen,by the complainant from a selected
pool of five chosen by the City Council, each of whom shall meet the
qualifications of sub-section (a) above.
(c) He shall receive hourly compensation for his services.
SECTION 3. Procedure; Hearings; Records; Supervisory
Counsel. 361.03?
(a) The Administrative Review Judge shall prepare rules
of procedure necessary to the conduct of his business. These rules shall
include the following:
Page 1 of 3 - Ordinance 24-73
(1) The right of the complainant to compel in advance
of the hearing sufficiently detailed information concerning the
reasons for the adverse supervisory action so as to allow the
complainant to prepare his case.
(2) The right of any parties to be represented by counsel.
(3) The right of any party to have the judge compel
witnesses on either party's behalf.
(4) The right to have a speedy hearing, findings, and
relief. Said hearing shall be held no later than 15 days after
the request for said hearing.
(b) The judge shall hold hearings at City Hall upon the
filing of proper application with the City Clerk invoking his jurisdiction.
He shall, however, have the power to dismiss without hearing any
clearly frivolous and unmeritorious causes.
(c) At the discretion of the City Council, counsel will be
afforded supervisory personnel who are defendants in such an action.
(d). There shall be written minutes of all hearings which
shall be retained in the custody of the City Clerk. Ord. 24-73 dte (7-17-73)
SECTION 4. Personnel Policies Amended.
Ch. 351 (a) Section 1 of Ordinance No. 9-70 is amended by adding
a new subsection 3 which reads as follows:
"3. Administrative Review Judge. Notwithstanding any
other provision of this ordinance, any employee who is perman-
ent and not on probation, can file a complaint invoking the
jurisdiction of the Administrative Review Judge as provided in
Ordinance No. 24-73.
(b) Ordinance No. 9-70, Section IV §12 shall be amended
as follows: delete "if and when such matters . . . . all parties concerned."
The following paragraphs are to be added:
(1) "Following a hearing and final action before the City
Manager, any employee who does not believe he has received
equitable and just relief may further appeal the matter to the
City Council.
Amended 9-70 § 14 & 12 11/3/70
Page 2 of 3 - Ordinance 24-73
(2) Following a hearing and final action before the City
Council, any employee exeep the City-Manager-,*who does not
believe he has received equitable and just relief may further
appeal the matter to the Administrative Review Judge, providing
however, the matter falls within the jurisdiction of said Review
Judge.
(3) The findings and orders of the Administrative Review
Judge constitute final administrative action and are binding upon
all parties concerned. "
Page 3 of 3 - Ordinance 24 - 73
Jan to be coded
Codified 4-20-82
ORDINANCE NO. 4-82
AN ORDINANCE AMENDING CHAPTER 361 OF THE CITY
CODE OF THE CITY OF CAPE CANAVERAL, FLORIDA
ENTITLED "ADMINISTRATIVE REVIEW" BY REPEALING
SECTION 361. 01 (c) ; REPEALING ALL PORTIONS OF
THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of
Cape Canaveral, Florida as follows :
SECTION 1. Section 361 . 01 "Administrative Review
Judge Established; Jurisdiction; Authority. " of the Code of
the City of Cape Canaveral, Florida as hereby amended by the
elimination in its entirety Section 361. 01(c) .
SECTION 2. All portions of the City Code in conflict
herewith are hereby repealed.
SECTION 3. This Ordinance shall become effective
immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, this ]6 day of March , 1982 .
[signature]
Mayor Pro tem
ATTEST:
[signature & seal]
City Clerk
Approved as to Form:
[signature]
City Attorney
NAME YES NO
CALVERT YES
HARRIS YES
MURPHY [didn't vote]
NICHOLAS [didn't vote]
RUTHERFORD YES
First Reading: 3-2-82
Posted: 3-3-82
Advertised: 3-8-82
Second Reading: 3-16-82