HomeMy WebLinkAboutOrdinance No. 24-1973Or-
MICROFILMED 344`80
ORDINANCE NO.24 - 73
AN ORDINANCE ESTABLISHING AN ADMINISTRATIVE
REVIEW JUDGE INCLUDING JURISDICTION, AUTHORITY,
QUALIFICATIONS, COMPENSATION, APPOINTMENT,
PROCEDURE, HEARINGS AND RECORDS; AMENDING
ORDINANCE NO. 9 -70; PROVIDING AN EFFECTIVE
DATE.
.
®RD. yq- qq
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. 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
OR CITY MANAGER, ^)4
Clerk la City Treasurer, by the City Council.
He shall have the authority to compel attendance of
witnesses, to make findings of fact, and to direct appropriate relief.
SECTION 2. Qualifications; Appointment; Compensation.
(al 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 complaindnt om a selected
)C9C
AMENDED ON
2ND READING
7 -17 -73
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pool of five chosen by the City Council, each of whom shall meet the
qualificationt of sub - section (a) above.
(c) He shall receive hourly compensation for his services.
SECTION 3. Procedure; Hearings; Records; Supervisory
Counsel.
(a) The Administra tive Review Judge shall prepare rules
of procedure necessary to the conduct of his business. These rules shall
include the following:
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MICROFILMED 3 -14-80
(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.
SECTION 4. Personnel Policies Amended.
(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 Adiinistrative 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:
"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.
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MICROFTLMED 3.14 -80
AIO
Following a hearing and final action before the City
Council, any employee exeep the -Gi y - Tanager -,* 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.
The findings and orders of the Administrative Review
Judge constitute final administrative action and are binding upon
all parties concerned."
SECTION 5. This ordinance shall become effective im-
mediately upon its adoption by theCity Council.
ADOPTED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, THIS 17TH DAY OF JULY , 1973.
* Amended on first reading, July 3, 1973
xx AMENDED ON SECOND READING, JULY 17, 1973
NAME
YES
NO
ABS
MACLAY
RHAME
,/
RUTKOWSKI
v
SALVAGGIO
I.V
THURM
V
1st Reading: July 3, 1973
Posted: July 5, 1973
SECOND READING: JULY 17, 1973
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