Ordinance 18-2012 Personnel ORDINANCE NO. 18-2012
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN
OF PALM BEACH, PALM BEACH COUNTY, FLORIDA,
AMENDING CHAPTER 82 THE TOWN CODE OF
ORDINANCES RELATING TO PERSONNEL BY
RESCINDING ARTICLE III, RESOLUTION OF EMPLOYEE
GRIEVANCES, IN ITS ENTIRETY; PROVIDING A NEW
ARTICLE III FOR RESOLUTION OF EMPLOYEE
GRIEVANCES BEFORE THE TOWN'S ADMINISTRATIVE
AND PERSONNEL COMMITTEE; PROVIDING FOR THE
ROLE OF THE COMMITTEE; PROVIDING FOR
PROCEDURES; PROVIDING FOR APPEALS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR REPEAL OF
ORDINANCES IN CONFLICT; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF PALM
BEACH, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:
Section 1. Chapter 82 of the Town Code of Ordinances relating to Personnel
is hereby amended by rescinding Article III, Resolution of Employee Grievances, in its
entirety.
Section 2. Chapter 82 of the Town Code of Ordinances relating to Personnel
is hereby amended by incorporating a new Article III, Resolution of Employee
Grievances, to read as follows:
"ARTICLE III.
RESOLUTION OF EMPLOYEE GRIEVANCES
Sec. 82-206. Statement of Policy.
It is declared that the public policy of the Town and the purpose of
this article is to provide implementation of a procedure for review of certain
employee grievances while maintaining the orderly and uninterrupted
operations and functions of government and management.
Sec. 82-207. Review by Administrative and Personnel Committee.
The Town's Administrative and Personnel Committee shall consider
employee grievances properly filed pursuant to policies and procedures
provided in the Town's Personnel Manual. The Administrative and
Personnel Committee shall hear grievances relating to suspensions,
demotions or discharges which have been filed with the Town's Director of
Human Resources in accordance with said policies and procedures.
Sec. 82-208. Role of Committee.
The role of the Administrative and Personnel Committee in regard
to hearing employee grievances is to (1) determine whether the facts
elicited at the hearing support the determination made by the employee's
department head and/or Town Manager; and (2) either sustain the
decision of the department head and/or Town Manager, overturn such
decision, or recommend less severe discipline if requested to do so by the
grievant, and if it is determined, on the basis of all the facts, that the
discipline imposed is unreasonable. In no event shall the Administrative
and Personnel Committee recommend nor shall the Council impose
discipline more severe than the discipline imposed by the department
head and/or Town Manager.
Sec. 82-209. Procedures.
1. Rights of Administrative and Personnel Committee.
Hearings before the Administrative and Personnel Committee will involve
hearing testimony of witnesses and considering documentary evidence
submitted at the hearing. The Administrative and Personnel Committee
shall establish reasonable parameters relating to the length of time
allowed for the presentation of a case and instruct the parties involved in
regard to the order of the hearing, requirements of the parties relating
thereto and any other rules, regulations and procedures relating to the
hearing.
2. Witness Subpoenas. The Administrative and Personnel
Committee shall have the authority, by subpoena, to compel the
attendance of witnesses and exhibits for purposes of examination and
investigation before the committee.
Sec. 82-210. Findings of Committee.
Subsequent to the presentation of arguments, testimony and
documentary evidence of the parties, the Administrative and Personnel
Committee shall, in open session, discuss the case, and shall make
Ordinance No. 18-2012 Page 2 of 4
findings of fact and recommendations. These findings of fact and
recommendations shall be incorporated in a written order. The
Administrative and Personnel Committee shall thereafter submit to the
Town Council at the next regularly scheduled monthly meeting its findings
and recommendations pertaining to the grievance. Thereafter, the Town
Council shall make a determination and its decision shall be final. The
Town Council shall not conduct an additional hearing, its responsibility
being only to consider the recommendations and report of the
Administrative and Personnel Committee and make a final determination
regarding the applicable grievance at an open public meeting.
Sec. 82-211. Appeals.
In the event an aggrieved party wishes to appeal the decision of the
Town Council, such review shall be by Petition for Writ of Certiorari to the
15th Judicial Circuit, where the Petition shall be reviewed."
Section 3. Severability.
If any provision of this Ordinance or the application thereof is held invalid, such
invalidity shall not affect the other provisions or applications of this Ordinance which can
be given effect without the invalid provisions or applications, and to this end the
provisions of this Ordinance are hereby declared severable.
Section 4. Repeal of Ordinances in Conflict.
All other ordinances of the Town of Palm Beach, Florida, or parts thereof which
conflict with this or any part of this Ordinance are hereby repealed.
Section 5. Codification.
This Ordinance shall be codified and made a part of the official Code of
Ordinances of the Town of Palm Beach.
Section 6. Effective Date.
This Ordinance shall take effect immediately upon its passage and approval, as
provided by law.
Ordinance No. 18-2012 Page 3 of 4
PASSED AND ADOPTED in a regular, adjourned session of the Town Council of
the Town of Palm Beach on first reading this 15th day of November, 2012, and for
second and final reading on this 11th day of December, 2012.
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i- it L. Coniglio, Mayor DaIiel'A. Rosow, Town Council President
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, ` , i , Robert . - , "resident Pr. Tem All
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' ' i v William J
'' J. Diamond, Town � ouncil Member/hi�I iLA 1,--,4
`s ATTES i:. h, Riche d M. Kleid, Town Council Member
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usan A. wens, C, Town Clerk Micha-1 J. Pucillo,-, _own Council Member—A kr-9 cs--S ■ _ .
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Ordinance No.18-2012 Page 4 of 4