(A) Upon receipt of a duly filed notice of appeal as specified in § 33.177(B) and within 30 days thereafter, the Board shall set a date, time and place for holding the appeal hearing, which shall be open to the public. Written notice shall be given to the appellant and the department head of the date, time and place of appeal hearing. The Board upon its own motion for cause, or upon the motion of the appellant, or the department head, or his or her designee, or the City Manager, may reset the date for the appeal hearing on a date greater than the 30-day period set forth hereinabove.
(B) The department head, or his or her designee, or the City Manager, as the case may be, may be represented by counsel. The appellant may also be represented by counsel.
(C) The Board shall hear the evidence upon the charges and specifications as filed with it by the department head, or his or her designees or the City Manager. No material amendment of or additions to said charges or specifications shall be considered by the Board.
(D) The proceedings shall be as informal as is compatible with justice, and in this regard the Board shall be governed by the following:
(1) Irrelevant, immaterial or unduly repetitious evidence shall be excluded; but all other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in a trial in the courts of Florida. Any written or other documentary evidence shall be admissible if the document or writing is admissible under the Florida Rules of Civil Procedure. All testimony of parties and witnesses shall be made under oath. Hearsay evidence may be used for the purpose of supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions.
(2) The Board or its duly empowered presiding officer has the power to swear witnesses and take their testimony under oath, to issue subpoenas which are to be validated by the City Clerk upon the written request of any party or upon its own motion, and to effect discovery on the written request of any party by any means available to the courts and in the manner provided in the Florida Rules of Civil Procedure, the time limits for which shall be determined by the Board.
(3) Documentary evidence may be received in the form of a copy or excerpt if the original is not readily available. Upon request, parties shall be given an opportunity to compare the copy with the original.
(4) A party shall be permitted to conduct cross-examination when testimony is taken or documents are made a part of the record.
(5) Any person subject to a subpoena or order directing discovery may, before compliance and on a timely petition, request the Board to invalidate the subpoena or order on the ground that it was not lawfully issued, is unreasonably broad in scope, or requires the production of irrelevant material.
(E) The order of proof shall be as follows: The department head, his or her designee, or the City Manager, as the case may be, shall present evidence in support of the charges; the appellant shall then produce evidence in his or her defense; the parties in interest may then offer rebuttal evidence; the Board shall thereafter hear arguments; and the Board shall, after due consideration, render its judgment affirming, disaffirming or modifying the action of the department head, his or her designee, or the City Manager.
(F) Any willful false swearing on the part of any witness or person giving evidence before the Board as to any material fact in the proceedings shall be deemed to be perjury and shall be punished in the manner prescribed by law for such offense.
(G) If the employee whose appeal is to be heard shall fail to appear at the time fixed for the hearing, and such absence shall not be excused by the board, the Board shall proceed to hear the evidence and render judgment thereon in absentia.
(H) If the head of the proper department, or his or her designee, shall fail to appear at the time for the hearing, and such absence is not excused by the Board, and if no evidence be offered in support of his or her charge or charges, the Board may render judgment as by default or may hear evidence as offered by the removed employee and render judgment thereon; and the Board shall forthwith notify the department head and the removed employee of its judgment.
(I) Whenever a termination, suspension or demotion is disaffirmed by the Board, the employee involved may, upon recommendation by the Board and approval by the City Commission, receive any lost compensation and benefits and in addition the cost and expenses reasonably incurred in presenting his or her defense.
(J) The Civil Service Board attorney shall rule on all points of law and admissibility of evidence, and his or her ruling shall be binding on the Board. Any appeal filed pursuant to division (A) hereof shall be filed at the office of the Civil Service Board.
(Ord. O-2010-30, passed 7-21-10)