§ 2-105.14. Hearing procedures.

(a)

If the matter has not been satisfactorily resolved at Step 3 of the grievance procedure, the PBA (or grievant if not represented by the PBA) will notify in writing to the town manager within twenty (20) days after receipt of the town's manager's response to the grievant at Step 3, to have the disciplinary matter heard by the disciplinary arbitration panel (DAP). Upon receipt of the notice the town manager or designee shall within seven (7) days notify the chair of the DAP to schedule a hearing within twenty (20) days of the town manager's notification. The town clerk's office will coordinate with the PBA or grievant and DAP to determine a date for the hearing.

(b)

The notification shall include the grievance as well as any relevant documents the parties may want to submit in advance to the panel.

(c)

The hearing shall be conducted and decision rendered within forty-seven (47) days of the written request by the PBA or grievant for a hearing. Reasonable extensions of this period may be granted by the chair upon written request by either the town or the PBA or grievant for good cause shown. Natural disasters are extenuating circumstances that are an automatic reason for extension beyond the 47-day timeline, and remains extended until normal operations are resumed.

(d)

No later than seven (7) days prior to the hearing, the town and the PBA or grievant must file with the town clerk's office, and copy the other party, with a list of witnesses each party intends on calling to testify at the hearing, and a copy of any and all exhibits that are to be introduced at the hearing. The board will entertain requests by the parties to have the chair send out certified letters to the witnesses urging their attendance upon application of either party to the chair. The failure to list a witness or an exhibit will result in the exclusion of the witness's testimony or the exhibit, absent good cause shown as determined by the chair.

(e)

All documentation provided by the town and the PBA must be marked with a "T" for the town or an "P" for the PBA, or "G" for grievant. Each is responsible for marking all of their documentation prior to submitting to the town clerk office.

(f)

Upon the hearing being convened, the chair shall explain its purpose; identify him or herself, the other board members, the parties, and the representatives of the parties. The chair shall ensure that the hearing is audiotaped in its entirety. The chair or his designee shall swear in witnesses providing live testimony.

(g)

Each party shall be afforded the opportunity to give the board an opening statement. After opening statements, the town shall be afforded the opportunity to present its case through testimony or documentary evidence. The grievant shall then be afforded the opportunity to present his or her case through testimony and/or documentary evidence.

(h)

All witnesses shall be subject to cross-examination by the opposing party. At the conclusion of each witness' testimony, the chair shall afford each member of the board the ability to question the witness. Witnesses may appear by telephone only with express advanced permission from the chair.

(i)

At the conclusion of the parties' presentations, both the Town and the grievant shall be afforded an opportunity to give closing statements to the board.

(j)

The length of the hearing will not normally be more than one (1) day in duration unless the parties petition the Chairperson for additional time. The Chair has the authority to grant time extensions.

(k)

The rules of evidence applicable to administrative proceedings pursuant to Section 120.57, Florida Statutes shall be observed in this proceeding. The chair shall make any rulings on evidentiary questions. The chair shall have wide latitude to exclude from consideration evidence that is irrelevant. The chair shall also exclude from consideration any evidence that was not used as a basis for the discipline by the town, or any evidence that was not presented by the grievant in response to the discipline during the grievance procedure leading up to this proceeding.

(l)

The chair shall have the latitude to run the proceedings in a manner that he or she deems appropriate to support the board's efficiency and effectiveness. The chair may eject any person who disrupts the proceedings.

(m)

Once the case is set for review by the three (3) members, each must be present during all portions of the proceedings.

(n)

At the conclusion of the closing statements, the panel shall deliberate in public and determine whether to agree to sustain or agree not to sustain or modify the disciplinary action taken. The majority decision of the DAP shall be final and binding on all of the parties and shall be the last step in an administrative remedy.

(o)

Both the hearing and the deliberations shall be open to the public pursuant to Florida's Sunshine Law. A panel member is prohibited from speaking with another panel member about the case in private.

(Ord. No. 2018-46, § 1(Exh. A), 11-19-18)