Professional Documents
Culture Documents
HILLSBOROUGH COUNTY
COUNTY ADMINISTRATOR, CASE NO.: 18-CA-11650
DIVISION: K
Petitioner,
Respondent.
________________________________/
through its undersigned counsel, and pursuant to Fla. R. App. P. Rules 9.030(c)(3), 9.100(c) and
Hillsborough County Civil Service Board (“CSB”), in which the CSB reinstated County employee
Travenski Lawson to his position as a Residential Services Coordinator for the County’s
STANDARD OF REVIEW
Certiorari is available to review quasi-judicial orders of local agencies and boards not made
subject to the Administrative Procedures Act, when no other method of review is provided. Haines
City Community Development v. Heggs, 658 So.2d 523, 530 (Fla. 1995). This first-tier certiorari
review is not discretionary but rather is a matter of right. Broward County v. G.B.V. Int’l., 787
So.2d 838, 843 (Fla. 2001). The appropriate standard of review on a petition for certiorari requires
the Court to determine whether (1) the County was provided procedural due process by the CSB;
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(2) the essential requirements of law were observed during the proceedings before the CSB; and
(3) the administrative findings and judgment by the CSB were supported by competent substantial
evidence. Florida Mobile Home Relocation Corp. v. City of South Daytona, 80 So. 3d 1061 (Fla.
Statement of Facts
On March 3, 2018, Lawson slapped a thirteen year old child (A-49) while on duty and
supervising children for the Children’s Services Department of Petitioner Hillsborough County.
Lawson was in charge of the supervising staff on the night of the incident.
After an evidentiary hearing the CSB1 voted to reinstate Lawson to his position supervising
This Petition presents the County’s concerns that during the CSB hearing the CSB denied
In two ways, the CSB violated the County’s procedural due process rights during the
hearing. First, after the CSB had already decided an issue with a final vote in favor of the County,
over the County’s objection the CSB Chair lobbied the rest of the CSB to re-vote, which resulted
in the County losing the case. Second, the CSB’s General Counsel served as legal counsel for the
CSB as well as sitting as the evidentiary judge, assuming authority outside the bounds of the
1
The Hillsborough County Civil Service Board (“CSB”) was created by Act of the Florida
Legislature. The CSB promulgated Rules governing the conduct of evidentiary hearings.
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1. The CSB re-voted on an issue that was already decided.
After a lengthy evidentiary hearing the CSB’s six members voted 3-3 to confirm Lawson’s
termination for slapping the child. The CSB’s Rules delineate a tie vote results in a ruling in favor
of the non-moving party, here, the County.2 Then the Chair, declaring that all of the witnesses had
“zero credibility” and stating that the County had failed to meet its burden of proving its case
“beyond a reasonable doubt3” (A-311), asked the other board members to reconsider their vote so
the CSB would not have to “send that man home for him to tell his five kids that he’s no longer
According to the CSB’s Rules, the CSB may ONLY decide one of two things. First, the
CSB may decide that the employee violated a County rule or regulation. Second, the CSB may
decide that the employee did not violate a County rule or regulation, thus vacating the County’s
disciplinary action and placing the employee back in his or her former position. The CSB has no
The Chair wanted to reinstate Lawson to a job with the County but didn’t want him to be
“Children’s Services can get what they want by making sure that Mr. Lawson is no
longer employed with Children’s Services, and I think Mr. Lawson can get what he
2
“In the event of a three/three tie as to any rule or policy—in other words, three votes
finding cause and three votes finding no cause—in that event, the appellant [Lawson] does not
prevail because the appellant has the burden of proving his case by a preponderance of the
evidence, and so a three/three tie is resolved in favor of Hillsborough County.” (A-22) See also
CSB Rule 15.20(3). (A-404)
3
It may reasonably be inferred from the Chair’s comments that the Chair of the CSB was
not aware that the CSB’s standard of review was “preponderance of the evidence” and not
“reasonable doubt”. Rule 15.20(1), CSB Rules. The Chair seemed to view this case as a criminal
trial, with the County as prosecutor, rather than as a quasi-judicial administrative hearing, requiring
Lawson to prove by a preponderance of the evidence that he did not violate any of the County’s
Rules. Notably, the Board’s legal advisor did not correct the instruction.
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wants by making sure that HR and the county places him in another division within
our county.”
(A-312).
In fact, the County and Children’s Services have no such authority. The Chair went so far as to
state that:
“…if the decision here tonight were simply to place him back at Lake Mag [referring
to the location where Lawson worked when he hit the child] or not place him back at
Lake Mag, I would decide not to place him back at Lake Mag, but that’s not the
decision we have.” (emphasis supplied)
(A-313).
The CSB’s Rules, which govern and limit the CSB’s authority, require that the County
“If the conduct which is proven does not establish a violation of the Civil Service
Rules, or if the action taken is found not to be for just cause, the action must be
vacated in its entirety and the appellant placed in the same position that he or she
would have been in had the action not been taken.”
Thus the Chair’s analysis that the County need not return Lawson to his former job, though
it appeared to sway his fellow CSB members, was incorrect as a matter of law. Because of the
CSB’s decision to reinstate Lawson, the County now has no legal authority to do anything but
reinstate Lawson to his former position supervising the staff which supervises children and
After the Chair’s lobbying for reconsideration, the CSB then re-voted to reverse the CSB’s
previous decision to dismiss Lawson, this time voting 4-2 to reinstate Lawson to his position
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The CSB’s decision to re-vote after already voting in favor of the County’s position is a
violation of the County’s procedural due process rights. The record reflects that the CSB initially
voted 3-3 to affirm that the County had just cause to dismiss Lawson for a violation of its Rules.
Subsequently, the CSB re-voted. This re-vote was analogous to having the jury in a civil trial
finish its deliberations with a verdict, having the Clerk read the verdict, having the jury polled, and
then having the judge decide, no, that’s not the right verdict, and sending the jury back in to
reconsider their decision. The County properly objected twice to a re-vote of a question that had
already been decided by the CSB, but the County’s objections were disregarded. Over the
County’s objection, the CSB re-voted without a motion for reconsideration, this time deciding 4-
2 in favor of reinstating Lawson. But for the revote, the CSB hearing would effectively have been
over and Lawson’s dismissal by the County would have been affirmed by the CSB.
The CSB voted 3-3 regarding Rule 11.2(26), which means the County prevailed and
Lawson’s dismissal was upheld. (A-322-324). After the 3-3 vote had resolved the issue with
finality, the Chair started lobbying the “nay” voters for a re-vote:
“I want to go back to 11.2(26), and I’m going to appeal to the three nays because you
understand if that vote stands, the appellate [sic, referring to Mr. Lawson] loses his
entire case?”
(A-324).
In response, the County’s attorney, Ms. Green, objected, but her objection was overruled by the
As the name “General Counsel” implies, the CSB’s General Counsel is supposed to be the
CSB’s legal counsel, not a judge. There is no authority anywhere in the Civil Service Act which
authorizes the CSB to appoint its general counsel as an arbiter of the evidentiary rules. Yet the
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General Counsel repeatedly made evidentiary objections during the hearing and ruled on his own
“MR. ZINOBER (the CSB’s General Counsel): I’m going to strike that testimony…”
(A-139).
_______
“MR. ZINOBER: I’m going to sustain an objection that I’m making” (A-193).
_______
findings. But in terms of assessing witness credibility, I’m not permitting that
question.” (A-193).
_______
“MR. CANASI (the CSB Chair): Any other questions for this witness?
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MS. GREEN: Based upon discussion of the board members earlier in terms of delay
MR. ZINOBER: One question…And there are no more questions after that.” (A-
209).
_______
“MR. ZINOBER: Let’s try to avoid leading even though Mr. Lawson is not a
lawyer…I’ve been very patient, but there’s been an awful lot of leading.” (A104-
105).
_______
MR. ZINOBER: I’m going to overrule the objection. Go ahead and answer the
question.” (A-123).
_______
_______
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MR. ZINOBER: I’m not going to just keep this process going. If you want to get
this on rebuttal, you can. But this witness is done for now. Thank you. Call your
_______
“MR. ZINOBER: Excuse me. Ms. Green, are you impeaching your own witness?
MR. ZINOBER: But you’re not doing it correctly because what she told another
person is not proper refreshment of recollection. It’s not something that she wrote
down. It’s a hearsay statement made to a third party. You can’t use that to refresh
recollection.” (A-138)4.
Florida’s judicial system establishes a boundary between a lawyer and a judge within the
same proceeding. A lawyer should be a lawyer, and a judge should be a judge, and never the twain
shall meet.
“Practice of Law. A judge shall not practice law.” (Canon 5.G., Fla. Code of Jud.
Conduct).
The corollary to the above Canon would logically prohibit a lawyer from acting both as a
4
This “ruling” by the CSB’s attorney, was incorrect as a matter of law. Wilcox v. State,
143 So.3d 359, 378-79 (Fla. 2014): “writings or objects used to refresh the memory of a witness
need not be admissible evidence.” Consequently, the CSB’s attorney denied the County’s attorney
an opportunity to refresh the recollection of a critical witness, further denying the County its rights
to procedural due process.
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Article V, Section 1 of the Florida Constitution provides in relevant part:
Thus the authority of a quasi-judicial Board’s General Counsel must be “connected with
the functions of their offices”. Turning to the CSB Statute and Rules, there is very limited authority
granted to the CSB’s General Counsel within the Statute, but the CSB has enacted broad authority
The CSB is authorized by its enabling legislation to “contract for legal counsel as may be
Well beyond the scope of “contract[ing] for legal counsel as may be needed,” within its
Rules the CSB has delegated broad powers to its General Counsel:
“Rule 15.1(3): The Board, acting in concert or through its Chair, may delegate certain
responsibilities to…the General Counsel from time to time…” (A-383).
“Rule 15.14(7): The General Counsel shall address all preliminary, non-dispositive
motions and make evidentiary rulings on any objections designated in the Pre-
Hearing Statement to the exhibits, documents or other documentary evidence offered
by either party, either at the Pre-Hearing Conference or thereafter…” (A-399).
“Rule 15.19(2): For guidance of the parties, evidentiary hearings ordinarily proceed
in the following sequence unless otherwise stipulated by the parties; or upon the
determination of the General Counsel or the Board it appears that a different
procedure or deviation from this procedure, shall be appropriate.” (emphasis
supplied) (A-403).
The CSB unconstitutionally delegated its authority, thus creating a hearing process where
the CSB’s General Counsel displaces and usurps the statutory authority of the CSB. City of Miami
Beach v. Fleetwood Hotel, Inc., 261 So.2d 801, 805 (Fla. 1972) (“Objective guidelines and
standards should appear expressly in the act or be within the realm of reasonable inference from
the language of the act where a delegation of power is involved…Unrestricted discretion in the
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application of a law without appropriate guidelines and determining its meaning may not be
delegated by the City Council to an agency or to one person.”) As outlined above, the Legislature
gave the CSB specific authority to appoint its General Counsel, but the Legislature made no
provision for allowing the CSB’s General Counsel to serve as a judge during evidentiary hearings.
The CSB statute contemplates a hearing before the CSB, not before the General Counsel.
Yet the CSB’s Rules grant authority to the General Counsel to make evidentiary rulings, to rule
on motions and even unilaterally to change the Board’s rules if “it appears that a different
procedure or deviation from this procedure, shall be appropriate.” This grant of authority to the
General Counsel to make such ad hoc decisions in effect places the General Counsel in the role of
both attorney and judge, rather than in the proper role of counsel for the CSB.
In the Lawson proceeding, the General Counsel made evidentiary objections and then ruled
on his own objections. The General Counsel controlled the flow of the proceedings and whether
the testimony was heard. In practice, the General Counsel had the kind of unbridled discretion
that Florida Courts have determined constitutes an unlawful delegation. High Ridge Management
Corp. v. State, 354 So.2d 377 (Fla. 1978); Fleetwood Hotel, infra.
Thus the CSB has delegated to its General Counsel the broad authority to make evidentiary
rulings and even to change the CSB’s own procedures. This broad grant of authority within the
Rules outreaches the Statute’s authority allowing the Board to “contract for legal counsel as may
be needed.” The Legislature saw the need to allow the CSB to retain its own legal counsel. The
CSB has taken that authority and, within its enacted Rules, has broadened the authority of its legal
counsel so that instead of appointing a General Counsel, the CSB has in effect utilized its General
Counsel as an Administrative Law Judge. This dual role, not contemplated in Florida law, violates
the required separation between lawyer and judge. None of this was contemplated by the Civil
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Service Act, and none of this was contemplated by Article V, Section 1’s authority to grant quasi-
judicial power. The quasi-judicial power properly belongs to the CSB, and that power cannot be
The Florida Attorney General has opined regarding dual attorney roles during
administrative hearings:
“…it is the practice in administrative disciplinary hearings that the attorney for the
board acts to collect all evidence favorable and unfavorable to both the board and the
cited person. He further advises the board and prosecutes on behalf of the board in
such hearings. The mixing of certain functions of the board’s single attorney in such
a proceeding may violate the guaranty of due process that must be afforded the
person while fully protecting the state’s interest.”
“Florida courts have also recognized that such mixing of functions—one attorney in
a dual role—is a denial of due process of law as required by the Fourteenth
Amendment to the United States Constitution and Section 9, Declaration of Rights
of the Florida Constitution, in the cases of Metropolitan Dade County v. Florida
Processing Company, 218 So.2d 495 (Fla. 3d DCA 1969) and Corbett v. Churchwell,
215 So.2d 302 (Fla. 1968).”
Id.
The Attorney General Opinion admonishes about dual roles in a case involving an attorney
who wears both an advisory role and a prosecuting role. At bar, the roles served by the CSB’s
General Counsel are more disparate: the General Counsel acts as attorney and as judge. It follows
that if there should be concerns, as stated by the Attorney General and the cited case law, about
the dual roles served by an attorney who acts as advisor and prosecutor, then serving the dual roles
of attorney and judge should be an even more significant due process concern. See also, Brown
v. Walton County, 667 So.2d 376 (Fla. 1st DCA 1995) (procedural due process denied at a quasi
judicial proceeding where counsel acted as both an advocate and “proffered legal advice during
the hearing”); Cherry Communications v. Deason, 652 So.2d 803 (Fla. 1995) (“the playing field
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appears to have been tilted” when the prosecutor was “invited into the deliberations and his advice
was acted upon; “this adjudicatory process ‘can hardly be characterized as an unbiased, critical
review’”).
Based upon these case authorities, Florida courts have noted significant due process
concerns where a quasi-judicial board’s attorney begins to act in more than an advisory capacity.
At bar, there is an even greater concern since the CSB’s General Counsel has acted in a judicial
capacity. For this reason, the County’s due process rights were violated and certiorari is
appropriate.
“’Departure from the essential requirements of law’ is defined the same way across all uses
of justice.” Lacretta Restaurant v. Zepeda, 115 So.3d 1091, 1093 (Fla. 1st DCA 2013).
There were two “miscarriages of justice” at bar. First, the CSB’s revote of a decided
question violated basic notions of due process. The revote was analogous to having the verdict
read and the jurors polled, and then sending the jury back to deliberate some more.
The revote never should have been allowed. The revote constituted a “do-over” after the
case was already decided, which prejudiced the County. A “do-over” under these circumstances
constitutes the kind of miscarriage of justice that violates the essential requirements of law,
specifically, the County’s right to a fair hearing. A writ is appropriate to reverse the decision of
The second “miscarriage of justice” at bar was the CSB General Counsel’s striking of
evidence and testimony during the hearing without having the authority to do so. Because of the
General Counsel’s striking of evidence, the County lost the opportunity to present that evidence to
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the CSB. This was another violation of the County’s due process rights that constituted a
“miscarriage of justice.” Because the County’s effort to present its case was impaired by the
The administrative findings and judgment by the CSB were not supported by competent
substantial evidence.
The Court’s final determination on certiorari is whether the CSB’s ultimate findings and
judgment were not supported by competent substantial evidence. The Florida Supreme Court has
made clear that “the ‘competent substantial evidence’ standard cannot be used by a reviewing court
as a mechanism for exerting covert control over the policy determinations and factual findings of
the local agency.” Dusseau v. Metro Dade County, 794 So.2d 1275-76 (Fla. 2001).
The County’s argument on this point is that the absence of certain “stricken” evidence had
an impact on the case that the CSB was allowed to consider. The CSB’s administrative findings
and judgment were based upon the evidence that the CSB was allowed to hear. Yet some of the
evidence that the County sought to present was stricken by the CSB’s General Counsel. As
previously discussed the General Counsel had no authority to strike evidence or to make any
evidentiary rulings. By striking and restricting testimony at several stages of the case, the CSB
was not allowed to hear some evidence which may or may not have had an impact on their decision.
At this stage of the case it is not appropriate for this Court to weigh the question of whether the
stricken evidence may have impacted the CSB’s decision; the only issue at this stage for the Court
to consider is whether the CSB’s findings were supported by competent, substantial evidence.
In Newman v. State, 174 So.2d 479 (Fla. 2d DCA 1965), a defendant was found guilty
after a bench trial of disturbing the contents of a grave site. Newman filed a petition for certiorari,
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“…questions of the weight and probative force of conflicting testimony ordinarily
may not be considered; and mere errors of procedure that do not obviously prejudice
fundamental rights, to the material injury of complaining parties, may not cause a
judgment to be quashed on certiorari; but serious irregularities or material
fundamental errors in applying the law, or the entire absence of essential
evidence with resulting material injury may be ground for quashing a judgment
on certiorari.”
As already discussed extensively above, the CSB’s General Counsel struck testimony or
denied the County’s attorney the opportunity to question witnesses at several points during the
hearing. If the elicited testimony had not been stricken, the CSB would have heard that testimony.
Again, this court may not engage in “questions of the weight and probative force of conflicting
testimony,” but this court may consider the fact that there was testimony which the CSB was not
allowed to hear because the General Counsel struck testimony and prevented questions from being
asked. There is no way that this Court, the County or anyone can assess whether in such a close
case, where one vote made all the difference, the stricken testimony would have made a difference.
with resulting material injury to the County’s due process rights, this Court has grounds to quash
For all of the reasons stated, this petition should be granted and the CSB’s Order quashed.
Respectfully submitted,
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Facsimile: (813) 273-0072
Email: tgonzalez@tsghlaw.com
Secondary Email; sknox@tsghlaw.com;
kharris@tsghlaw.com
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was provided has been forwarded
via electronic mail and U.S. Mail to Peter W. Zinober, Esquire, Attorney for Hillsborough
County Civil Service Board, 101 E. Kennedy Blvd., Suite 1900, Tampa, FL 33602,
zinoberp@gtlaw.com on November 29, 2018.
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Filing # 81416480 E-Filed 11/29/2018 04:22:05 PM
HILLSBOROUGH COUNTY
COUNTY ADMINISTRATOR,
Petitioner,
Lower Tribunal Case No.:18-835
v. (Hillsborough Civil Service Board)
Respondent.
______________________________________________________________________________
APPENDIX TO
HILLSBOROUGH COUNTY’S PETITION FOR WRIT OF CERTIORARI
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true copy of the foregoing was provided has been forwarded
via electronic mail and U.S. Mail to Peter W. Zinober, Esquire, Attorney for Hillsborough
County Civil Service Board, 101 E. Kennedy Blvd., Suite 1900, Tampa, FL 33602,
zinoberp@gtlaw.com on November 29, 2018.
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY FLORIDA
APPEALS DIVISION
HILLSBOROUGH COUNTY
COUNTY ADMINISTRATOR,
Petitioner,
Lower Tribunal Case No.:18-835
v. (Hillsborough Civil Service Board)
HILLSBOROUGH COUNTY
CIVIL SERVICE BOARD,
Respondent.
_________________________________/
HILLSBOROUGH COUNTY’S
APPENDIX TO PETITION FOR CERTIORARI
INDEX
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Tab. 1
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BEFORE THE HILLSBOROUGH COUNTY CIVIL SERVICE BOARD
TRAVENSKI LAWSON,
Appellant,
v. Docket No. 18-835
HILLSBOROUGH COUNTY,
COUNTY ADMINISTRATOR,
Appointing Authority.
/
This appeal came before the Hillsborough County Civil Service Board (the “Board”) on
October 17, 2018, for a final evidentiary hearing on the appeal of Travenski Lawson (the
Children’s Services Department’s Lake Magdalene Campus (the “Appointing Authority”). The
Board, comprised of Chairman Simon Canasi, Vice Chairman Ernie Trichler, and Members Neal
Carbaugh, Chandra Hosler, Andrea Cichon, and Tiffany Bell, having considered the evidence
and argument presented by the parties, hereby makes the following findings of fact and reaches
FINDINGS OF FACT
residential Lake Magdalene Campus for children 10 to 17 years old who are in the County’s
cafeteria on the Lake Magdalene campus during a birthday party for a child who was aging
5. Video shows that Appellant made a sudden defensive movement after being
slapped on the face by the child. The Appointing Authority contends that Appellant slapped
the child. Appellant argues that he merely flinched and feigned, and that he never slapped
the child.
County Sheriff’s Office investigated the March 3, 2018 incident. The CPI closed the case
as not substantiated, meaning that he found Appellant had slapped the child, but that she
was not harmed and there was the no evidence of child abuse. He interviewed the child,
7. The CPI and two witnesses with whom he spoke, Cynthia Simmons and
with the video of the incident. For example, Ms. Simmons testified that she witnessed the
incident, yet the video shows her looking in a different direction at the time of the alleged
while the video shows Appellant staying in the same place and talking with the child after
the incident.
10. Neither Ms. Simmons nor Ms. Veale immediately reported the alleged child
abuse despite their testimony that they witnessed and heard the alleged slap and despite
being mandatory reporters of child abuse under the law and County policy. For this failure
to report, they testified that they each received a coaching regarding the reporting
requirements.
11. The CPI testified that he only interviewed the individuals identified to him by
the County, and after viewing the video at the hearing, he agreed that Ms. Simmons was not
watching the alleged incident at the time it occurred and probably could not have witnessed the
incident. He failed to interview another child, identified as “baby girl”, who was standing
right next to Appellant and the child when the alleged slap occurred, because the Appointing
12. The child’s statements regarding the incident were also conflicting. For
example, the child’s guardian ad litem, Ginger Rockey-Johnson, testified that the child told her
that the Appellant slapped her on March 3, 2018. But the child told law enforcement and the
what transpired during the March 3, 2018 birthday party. The video showed the child slapping
Appellant and Appellant moving after being slapped. But the nature of the movement was not
clear. Indeed, one of the Appointing Authority’s managers testified that she viewed the video
15 times before she was able to form an opinion about what happened.
14. The witness testimony and exhibits also presented conflicting information
regarding the timing of the investigation by Human Resources, the CPI, and the Hillsborough
County Sheriff’s Office; the receipt and review of the investigation results; and the relationships
15. Soon after the incident, Appellant was placed on administrative leave, but
not before he was permitted to take a group of children on a field trip in a van.
16. After providing Appellant with a pre-disciplinary hearing, the County issued a
CONCLUSIONS OF LAW
1. The Board has jurisdiction over this appeal by virtue of Appellant’s timely filing
provides that “[i]t is the responsibility of the Appellant or designated representative, to prove
by a preponderance of the evidence that the Agency lacked just cause for imposing discipline.
A ‘preponderance of the evidence’ simply means that amount of evidence which is enough to
persuade the Board that the facts asserted by the Appellant or designated representative, are
the Appellant’s conduct constitutes a violation of the Civil Service Rules identified on the
3. Additionally, Civil Service Rule 15.20(3) provides that ‘“[i]n all Board hearings,
including hearings to consider motions of any type made by either party, the moving party must
prevail by a majority of the Board members present and voting. In the case of a discipline
appeal,” such as t•his one, “the appellant is the moving party.” Accordingly, in instances where
a majority of the Board voted to uphold any of Appellant’s alleged violations of the Civil
4. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(1). Board Member Bell
seconded the Motion. By a vote of 5 to 1, the Board concludes that the Appellant has proved
5. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(2). Board Member Bell
seconded the Motion. By a vote of 5 to 1, the Board concludes that the Appellant has proved
6. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(4). Board Member Bell
seconded the Motion. By a vote of 5 to 1, the Board concludes that the Appellant has proved
cause for Appellant’s termination under Civil Service Rule 11.2(6). Board Member Bell
seconded the Motion. By a vote of 5 to 1, the Board concludes that the Appellant has proved
8. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(13). Board Member Bell
seconded the Motion. By a vote of 4 to 2, the Board concludes that the Appellant has proved
9. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(26). Board Member Bell
seconded the Motion. By a vote of 4 to 2, the Board concludes that the Appellant has proved
10. Board member Trichler moved that the Board find that there was no just
cause for Appellant’s termination under Civil Service Rule 11.2(32). Board Member Bell
seconded the Motion. By a vote of 5 to 1, the Board concludes that the Appellant has proved
11. Board member Trichler moved that the Board find that there was no just
7.5. Board Member Bell seconded the Motion. By a vote of 4 to 2, the Board concludes that
12. Board member Trichler moved that the Board find that there was no just
that the Appellant has proved he did not violate this policy.
13. Board member Trichler moved that the Board find that there was no just
7.6(2). Board Member Bell seconded the Motion. By unanimous vote, the Board concludes
that the Appellant has proved he did not violate this policy.
14. Board member Trichler moved that the Board find that there was no just
7.6(4). Board Member Bell seconded the Motion. By unanimous vote, the Board concludes
that the Appellant has proved he did not violate this policy.
15. Board member Trichler moved that the Board find that there was no just
7.6(5). Board Member Bell seconded the Motion. By unanimous vote, the Board concludes
that the Appellant has proved he did not violate this policy.
16. Board member Trichler moved that the Board find that there was no just
7.6(6). Board Member Bell seconded the Motion. By unanimous vote, the Board concludes
that the Appellant has proved he did not violate this policy.
17. Board member Trichler moved that the Board find that there was no just
7.6(13). Board Member Bell seconded the Motion. By a vote of 5 to 1, the Board concludes
that the Appellant has proved he did not violate this policy.
7.6(26). Board Member Bell seconded the Motion. By a vote of 4 to 2, the Board concludes
that the Appellant has proved he did not violate this policy.
19. Board member Trichler moved that the Board find that there was no just
7.6(32). Board Member Bell seconded the Motion. By unanimous vote, the Board concludes
that the Appellant has proved he did not violate this policy.
20. Because the Board has concluded that the Appellant has carried his burden to
establish by a preponderance of the evidence that he did not violate any of the charged Civil
Rule 15.15(a).
21. The Appointing Authority is ORDERED to provide appropriate make whole relief to
Florida.
29/430 Baylawsuits.com
1
BEFORE THE HILLSBOROUGH COUNTY CIVIL SERVICE BOARD
TRAVENSKI LAWSON,
Appellant,
Appointing Authority.
__________________________________/
WITNESS:
GINGER ROCKEY-JOHNSON
WITNESS:
RHONDA RHODES
WITNESS:
WITNESS:
BEVERLY WALDRON
WITNESS:
JOANN ROLLINS
WITNESS:
TRENESIA STRONG
7 * * * * * * * * * *
8 PROCEEDINGS
18 over there.
7 objectively, sir?
11 edited.
23 joint exhibits.
7 right.
19 county?
5 introduce yourself?
25 hearing.
24 witnesses.)
5 as to motions.
13 time.
21 covering it now.
4 your case.
19 opening statements?
13 attention.
23 sure.
9 you.
15 times.
6 welfare.
5 full swing.
12 (Playing video.)
17 right. My apologies.
23 white T-shirt.
23 intuitive to me.
7 abuse.
13 verified findings.
17 no indicators.
22 mouse. Right?
2 continue.
3 (Playing video.)
5 happened?
11 line.
15 their pride.
25 (Playing video.)
2 questions now?
17 sorry.
24 here?
2 "Everything okay?"
20 up like this.
2 expands?
11 screen.
15 Gotcha. Okay.
20 the way.
5 argument.
18 * * * * * * * * *
19 GINGER ROCKEY-JOHNSON,
22 testified as follows:
23 DIRECT EXAMINATION
24 BY MS. GREEN:
8 A No, state.
15 ad litem?
16 Q Yes.
16 supervisor?
9 A 45.
11 A 64.
15 A Yes.
19 March 3rd?
23 see you and we'll sit down and talk." I waited for
4 A Yes.
20 did she want to talk about it. And she did. She
2 member?
8 had no time for her. And to get away from the stuff
11 name?
16 A She's fourteen.
18 on March 3rd?
19 A Thirteen.
25 incidences.
7 or so placements?
14 Lawson?
15 A I read it in a report.
14 there?
16 Q A week or two --
19 her.
10 Lake Mag.
24 to go. And the circle was that this girl got beat
7 cross-examination?
9 CROSS-EXAMINATION
10 BY MR. LAWSON:
13 staff?
21 received on Monday.
23 Michelle Veale?
4 asked her who slapped her, who did she say again?
16 A That's correct.
23 A Yes.
7 understand that.
13 lines?
14 A Yes.
18 REDIRECT EXAMINATION
19 BY MS. GREEN:
22 A No.
2 BY MS. BELL:
18 along.
21 A Yes.
15 doing today?
25 over there?
7 turned backwards.
10 Lawson?
14 EXAMINATION
15 BY MR. CARBAUGH:
18 A Yes.
20 A Once.
22 A Yes.
25 I'm sorry.
9 A No.
11 A No.
13 you.
15 EXAMINATION
16 BY MS. CICHON:
11 question?
16 EXAMINATION
17 BY MS. BELL:
20 Correct?
21 A I don't know.
25 documented anywhere.
4 BY MS. GREEN:
8 A Correct.
12 A No.
17 RECROSS EXAMINATION
18 BY MR. LAWSON:
3 BY MS. GREEN:
5 interviewed LG?
6 A No.
12 dismissed as a witness.
15 please.
22 please?
2 BY MS. GREEN:
4 your title?
13 Hillsborough County?
14 A In 2014, August.
16 A JoAnn Rollins.
13 Magdalene Campus.
25 mental-health issues.
2 to removal?
6 with you?
12 experienced.
20 make sure that staff are trained and carry out those
9 techniques.
21 children in care?
22 A No, it is not.
23 Q Why not?
3 talking about?
16 A Yes.
19 scenarios?
12 A Yes.
19 go through.
5 altercation?
12 technique.
20 A No.
23 do?
18 make contact.
9 Tre Lawson?
10 A Yes.
12 organization?
20 A Yes, I did.
4 placement.
7 subordinate?
8 A No.
10 A Um-hum.
20 registry.
23 A Yes.
5 that call.
7 herself together?
10 you know.
12 A No.
23 A I did.
3 A Yes.
5 observe?
6 A I just observed.
10 Rollins.
19 A Yes.
3 I saw the child hit at him twice, and then I saw him
4 hit her.
6 positioned?
10 thing?
14 A Yes.
18 Lawson?
19 A Yes.
21 A Yes.
6 physically or psychologically.
17 resolved.
20 CROSS-EXAMINATION
21 BY MR. LAWSON:
3 A An internal investigation?
4 Q Yes.
7 Q In general.
15 A Yes.
25 HR to conduct.
9 A In terms of this?
13 A Um-hum.
17 this case?
21 another course.
24 because CPIs are the ones that pretty much are paid
9 but it appears?
12 occur?
14 Q Yes.
18 it at?
22 A Yes.
24 motion?
25 A No.
14 out.
16 A Why do I --
18 A I don't know.
22 was closed?
23 A No.
2 A Not to my knowledge.
5 up.
7 not asked.
9 differently?
13 A Um-hum.
20 physical interventions.
24 A Um-hum.
11 A Yes.
15 A Yes.
24 afternoon.
3 Q -- the call?
4 A Um-hum.
13 what page?
16 BY MR. LAWSON:
24 call it in?
5 further questions.
8 redirect.
11 actually.
12 EXAMINATION
13 BY MS. HOSLER:
5 Q Okay.
12 the employees?
17 ways.
19 A On his --
22 Q Yes.
23 A Yes.
25 A Yes.
12 Lawson?
13 A Oh, yes.
16 that.
21 A Um-hum.
25 EXAMINATION
6 that correct?
7 A Yes.
18 A Yes, yes.
21 A No, I didn't.
4 A Yes.
6 reporter?
9 law. Correct?
10 A Yes.
14 A Yes.
18 investigation?
19 A Most instances.
24 EXAMINATION
25 BY MS. BELL:
4 A Yes.
20 our agency.
22 child?
13 Q Was KH interviewed?
14 A KH?
17 investigation.
23 termination to termination?
3 the CPI.
7 termination.
8 A Yes.
10 Lake Mag?
12 immediately.
20 A Um-hum.
9 April 26.
10 EXAMINATION
11 BY MS. HOSLER:
13 time?
20 investigation?
5 A Yes.
7 please?
16 A A predisciplinary hearing.
17 Q He prevailed?
18 A Right.
21 A Excuse me?
3 EXAMINATION
4 BY MS. BELL:
11 cleared him --
15 Q Okay.
19 A Um-hum.
21 Correct?
23 Q Well, somebody --
24 A Yes, somebody.
2 A I'm not --
6 CPI --
8 first case.
11 EXAMINATION
12 BY MS. HOSLER:
14 A Yes.
16 two?
17 A Not to my knowledge.
18 Q Okay.
20 December of 2017.
3 hers.
6 2018.
12 We think April?
14 EXAMINATION
15 BY MR. CANASI:
18 A Um-hum.
19 Q Abuse?
20 A Um-hum.
21 Q No abuse?
22 A Um-hum.
23 Q Not substantiated?
24 A Right.
2 A Right.
7 A Not to my knowledge.
17 A Right.
19 A Um-hum.
3 abuse.
4 A Um-hum.
7 verbally.
10 substantiated?
11 A Um-hum.
14 And that was based on the fact that you all went
17 get at?
18 A Yeah. But I --
9 A Um-hum.
13 hearing.
15 that.
16 EXAMINATION
17 BY MS. BELL:
8 the room. Ms. Simmons did not get up off her stool.
10 are you okay? Child, are you okay?" They did not
18 EXAMINATION
19 BY MS. HOSLER:
22 that?
23 A No.
25 know?
3 A Yes, yes.
6 any questions?
10 clarification.
11 EXAMINATION
12 BY MS. CICHON:
14 2014. Correct?
15 A Yes.
19 child?
20 A No.
3 EXAMINATION
4 BY MS. HOSLER:
7 crutches.
9 an accidental tripping?
16 A Yes.
19 Q So CPI --
20 A Yes.
2 A Yes.
4 A It was substantiated.
8 Q Yes.
9 A Yes.
11 A Yes.
13 A Right.
18 REDIRECT EXAMINATION
19 BY MS. GREEN:
22 the children?
23 A Yes.
5 BY MS. GREEN:
10 member is an RSC?
19 child?
4 expectations.
16 level?
20 A Yes, I did.
24 Lawson?
25 A Yes, I did.
3 child.
7 incident.
12 on March 3rd?
14 EXAMINATION
15 BY MR. CANASI:
17 Right?
18 A What I --
4 clearly --
6 that --
8 it.
20 process.
21 EXAMINATION
22 BY MS. BELL:
8 A Bias, yes.
9 Q From CPI?
17 EXAMINATION
18 BY MS. HOSLER:
19 Q No appearance of bias?
21 Q Right.
22 A Thank you.
2 BY MR. LAWSON:
16 over?
5 re-investigated?
9 EXAMINATION
10 BY MS. HOSLER:
17 to.
23 investigate.
3 disposition.
5 A Yes.
12 EXAMINATION
13 BY MS. BELL:
20 interesting.
17 face.
23 rest is history.
10 witness?
13 EXAMINATION
14 BY MS. BELL:
20 hug.
2 histories.
16 BY MS. BELL:
22 Q I understand that.
24 trauma --
5 in your opinion?
6 A Yes.
8 A Based -- yes.
17 child.
19 EXAMINATION
20 BY MS. HOSLER:
24 A Yes.
8 Q Right.
12 punitive measures.
15 A Yes.
18 EXAMINATION
19 BY MS. BELL:
6 aggressed against.
10 again --
20 EXAMINATION
21 BY MS. HOSLER:
23 A Right.
25 A Yes.
2 A Yes.
6 here?
7 A Um-hum.
10 A Um-hum.
17 de-escalation.
21 A Um-hum.
24 A Yes.
2 A Yes.
4 A Yes.
6 EXAMINATION
7 BY MR. CANASI:
19 testifies.
21 asking you.
14 witness?
16 questions, please?
18 EXAMINATION
19 BY MR. LAWSON:
3 how they felt, what he thought about it, and the CPI
13 with CPI and will let CPI take the lead and conduct
14 the investigation.
20 a PDH.
11 staff?
12 A Right.
15 no.
20 substantiated?
18 question.
17 not looking.
20 frankly.
6 with Neal.
16 NAPPI?
22 I think this is --
24 deliberating.
13 perspective.
21 change at all.
21 sworn in.
23 * * * * * * * * *
2 testified as follows:
3 DIRECT EXAMINATION
4 BY MS. GREEN:
10 A Yes, ma'am.
16 A Yes.
18 board members.
23 program manager.
4 manager out there until now, I'm with Lake Mag, and
16 this year?
21 A Yes.
16 A Mr. Lawson.
18 party?
8 never?
12 A No.
14 happened?
18 months.
4 agency?
18 happened?
2 and stuff.
5 twice?
6 A Yes.
8 board members and tell them, what did Mr. Lawson say
23 was sorry?
24 A No.
2 A No, ma'am.
5 A Yes, ma'am.
19 refresh recollection.
6 Thank you.
7 BY MS. GREEN:
19 he said anything.
22 testimony.
7 BY MS. GREEN:
20 the kids are given when they first get there, and we
22 and don'ts.
3 I hit you and I hit you wrong, then, you know, I'm
22 further.
24 CROSS-EXAMINATION
25 BY MR. LAWSON:
5 reporting abuse?
9 You?
10 Q 1-800-96 abuse?
15 out about it is, you text the young lady, and the
23 abuse?
25 call abuse.
2 that evening?
10 Q It was in your --
19 BY MR. LAWSON:
21 all went back to, you said, cut the cake in Cottage
24 She got some cake and she left. She just helped me
4 Michelle was right there with you, but I'll get back
14 A Okay. Sorry.
18 her name?
20 names.
23 sorry.
18 Ms. Tate was at the other end of the bar and I was
9 things out.
12 of you?
17 recall that.
19 A Okay.
21 But you did say that the kids witnessed the slap.
22 Correct?
23 A Um-hum.
10 And then Baby Girl, as you call her, she was right
11 there under your arms when the girl hit you and you
14 fight."
17 Ms. Tate was playing music on her phone and you had
19 A Um-hum.
2 the slap.
7 time it was?
15 Q Okay.
2 street?"
5 the kitchen?
21 podium?
25 And then when the kids came up, you kind of like
2 your arm around the young lady you call Baby Girl.
6 Q Yes, I can.
8 Simmons.
24 face, and then you tagged her back, and the next
8 the face.
14 Correct?
15 A Twice.
17 Correct?
22 been on camera?
3 out. Correct?
7 into --
8 Q -- the kitchen?
12 the second time you came back there and stuff. And
23 you.
24 EXAMINATION
25 BY MS. HOSLER:
3 A Yes, ma'am.
7 Q Who?
8 A Keyonna Tate --
9 Q Uh-huh.
23 got the text from him, then she forwarded the text
24 to me.
11 bounced?
12 A Yes.
14 A Yes.
21 And she was like, you know, "You got caught off
22 guard."
24 A Yes, ma'am.
25 Q Immediately?
3 time?
8 incident?
9 A Um-hum.
24 to her.
2 A Um-hum.
5 her. I'm saying when Mr. Tre left, some of the kids
11 know, ask her was she okay and that she needed to
12 come in.
20 EXAMINATION
21 BY MR. TRICHLER:
23 mandatory reporter?
4 well. Right?
5 A Yes, sir.
10 the situation.
13 witnessed it?
4 believe it happened?
13 EXAMINATION
14 BY MR. CANASI:
18 report abuse?
25 you and that's the only way you can report an abuse
19 A Um-hum.
25 that.
5 EXAMINATION
6 BY MS. BELL:
8 mentioned?
9 A Fingernails?
21 (Playing video.)
22 EXAMINATION
23 BY MR. CANASI:
4 -- that's --
7 (Playing video.)
9 A Yes.
11 A Um-hum.
16 (Playing video.)
18 the text.
21 A See, I looked.
23 slapping him.
2 EXAMINATION
3 BY MS. CICHON:
5 egregious and the slap was that loud, why did you
7 leadership?
11 EXAMINATION
12 BY MS. BELL:
19 EXAMINATION
20 BY MS. CICHON:
22 leadership?
23 A No.
2 EXAMINATION
3 BY MR. CANASI:
9 EXAMINATION
10 BY MR. CARBAUGH:
21 place.
24 EXAMINATION
25 BY MS. BELL:
11 stool?
14 EXAMINATION
15 BY MS. HOSLER:
17 stool, ma'am?
19 the time.
20 EXAMINATION
21 BY MS. BELL:
2 A Um-hum.
4 situations?
9 situations?
10 A Um-hum.
12 in --
18 witnessed stuff.
23 seen.
25 A Yes, I did.
3 that statement --
8 signatures.
24 Q I'm sorry?
2 this?"
11 9.
17 discrepancy there.
18 BY MS. BELL:
23 horseplay.
6 them."
14 A No.
14 was done.
5 supervisor.
6 Q So you witnessed --
22 A Um-hum.
24 record?
2 EXAMINATION
3 BY MS. CICHON:
11 A Probably a 10.
17 A A 10.
20 heart attack?
23 radio and call for backup, call for help, and clear
24 out the room, have staff take out the other kids,
2 room.
5 didn't get up off your stool, nor did you report it.
8 A Yes.
12 it in.
14 to that.
15 EXAMINATION
16 BY MS. HOSLER:
18 over you?
23 direct supervisor.
3 A Yes.
6 A Correct.
8 A Yes.
9 EXAMINATION
10 BY MR. TRICHLER:
13 ahold of Rhonda?
15 number.
20 A No, sir.
21 EXAMINATION
22 BY MS. CICHON:
23 other supervisor.
24 EXAMINATION
25 BY MS. BELL:
6 his boss. He's the boss of him too and myself too.
7 EXAMINATION
8 BY MS. HOSLER:
11 A Right.
17 Mrs.
23 always --
2 A Yes, ma'am.
5 disciplinary action?
8 children.
17 A No.
21 that?
25 strictly enforced.
3 A Yes.
15 A Um-hum.
17 EXAMINATION
18 BY MR. CARBAUGH:
22 child abuse?
24 sheriff's department.
2 A No, sir.
5 A No, sir.
7 you.
8 EXAMINATION
9 BY MS. BELL:
12 A Um-hum.
18 struck her?"
22 face or --
4 10.
9 shoulder, so I mean --
13 know.
11 cheek?
12 A Yes, (indicating).
19 A Yes.
24 questions.
5 EXAMINATION
6 BY MS. HOSLER:
9 A No, ma'am.
12 happened?
19 REDIRECT EXAMINATION
20 BY MS. GREEN:
23 remember that?
24 A It's possible.
2 none?
6 room.
11 witnesses?
22 move forward.
24 position.
16 plus cross-examination.
11 quorum.
17 the record?
20 * * * * * * * * *
24 testified as follows:
25 DIRECT EXAMINATION
7 A Three years.
9 work?
12 Pennsylvania.
23 Vanessa?
24 A Narkees.
15 home.
19 occurred?
7 child.
17 March 3rd?
18 A Yes.
22 Mr. Lawson had hit the child, however did not leave
5 interviews?
7 telephone.
10 the child?
4 know.
6 witness credibility?
11 assess credibility.
20 BY MS. GREEN:
23 the child?
4 A Michelle Veale.
8 hit and also heard the sound of both the smacks from
11 A Yes.
21 A No.
22 Q Why not?
4 CROSS-EXAMINATION
5 BY MR. LAWSON:
13 verified findings.
16 abuse investigation?
20 CPI?
21 A Fairly comfortable.
24 A Yes, sir.
16 was, no.
18 EXAMINATION
19 BY MR. CANASI:
21 terminated?
2 here tonight.
4 BY MR. CANASI:
7 saw?
8 A Yes, sir.
11 (Playing video.)
14 BY MR. CANASI:
17 A Yes, sir.
23 EXAMINATION
24 BY MR. CARBAUGH:
4 her out?
7 spoke to?
8 A Yes.
13 child.
14 (Playing video.)
18 A Yes.
20 more.
21 (Playing video.)
9 EXAMINATION
10 BY MS. BELL:
13 Veale?
15 right there.
21 Veale --
22 A Veale.
3 she was facing the area where the hit would have
10 (Playing video.)
13 BY MS. BELL:
16 of a child?
24 keep playing.
25 A No, ma'am.
2 BY MS. CICHON:
8 it's closed.
13 disposition was?
16 A Three years.
17 EXAMINATION
18 BY MS. BELL:
24 that?
4 your office or --
9 them.
17 referring to?
19 BY MS. BELL:
4 is redacted.
5 A Okay.
15 A Yes.
19 EXAMINATION
20 BY MS. CICHON:
24 EXAMINATION
25 BY MR. CARBAUGH:
5 with.
6 Q The child?
9 Q Okay.
15 deciding who?
4 information?
5 (Playing video.)
7 A Yes, sir.
9 other questions.
12 more.
13 BY MR. CARBAUGH:
16 A Yes, sir.
19 A No, I do not.
22 REDIRECT EXAMINATION
23 BY MS. GREEN:
2 happen?
12 A It is possible.
18 ultimately?
20 that to me.
21 EXAMINATION
22 BY MS. BELL:
4 A Yes.
7 that's interesting.
8 A Should I respond?
9 Q If you want.
13 EXAMINATION
14 BY MS. HOSLER:
16 Correct?
18 with me?
20 be terminated.
25 end?
5 witness?
10 enough.
25 BY MS. GREEN:
12 are excused.
17 that?
2 witness.
7 Veale.
9 oath.
15 * * * * * * * * *.
19 testified as follows:
20 DIRECT EXAMINATION
21 BY MS. GREEN:
23 A Treatment counselor.
25 Hillsborough County?
3 a similar-type job?
4 A Yes.
7 years.
9 Tre Lawson?
10 A From working.
13 Mr. Lawson?
16 children.
18 A No.
20 A No.
21 Q Peers, then?
22 A Correct.
24 2018?
25 A Yes.
2 hours?
4 stay 8 to 5.
7 A Sometimes.
9 you work?
10 A Correct.
16 birthday party?
17 A Yes.
23 time.
5 really hyper.
20 looked shocked.
22 looked shocked?
12 in the kitchen?
13 A Correct.
16 A It was after.
21 environment.
25 Q Why?
9 A Ms. Tate.
12 A No, I didn't.
13 Q Why not?
24 A Ms. Tate.
11 A At least twice.
13 contact?
14 A At least once.
16 child?
20 back.
23 A Correct.
8 CROSS-EXAMINATION
9 BY MR. LAWSON:
12 A Correct.
15 again?
6 occurred?
7 A No, I don't.
10 A Probably midway.
16 lady?
19 A I'm sorry?
5 phones.
9 she said, "I'll take care of it and try and calm him
10 down."
22 you was doing this. But you say you stopped because
2 you're saying.
6 evening?
23 interview.
4 line together."
19 Children's Services.
4 BY MR. LAWSON:
9 few of them that saw it, but the other kids was so
18 and you were going to cut the cake but decided not
20 getting antsy?
4 you recall?
5 (No response)
6 EXAMINATION
7 BY MS. BELL:
14 A Um-hum.
24 yes.
25 EXAMINATION
6 A Correct.
7 RECROSS-EXAMINATION
8 BY MR. LAWSON:
12 A I can't recall.
16 the young lady that was aging out because she was
22 EXAMINATION
23 BY MR. TRICHLER:
8 EXAMINATION
9 BY MS. BELL:
12 on duty?
16 EXAMINATION
17 BY MR. CANASI:
19 her phone?
23 EXAMINATION
24 BY MR. TRICHLER:
5 something.
6 EXAMINATION
7 BY MS. HOSLER:
12 EXAMINATION
13 BY MS. BELL:
21 EXAMINATION
22 BY MS. HOSLER:
25 A Correct.
2 A Correct.
13 steps toward the child? Did you run over to her and
24 testimony is?
6 A Correct.
10 remember?
17 Mr. Lawson.
19 on the face?
20 A Correct.
25 A I believe.
17 out of reflex?
19 know.
21 after?
22 A No.
25 relaxed.
3 A Yes.
8 EXAMINATION
9 BY MR. CANASI:
12 A (Indicating.)
13 Q That's you?
14 A Correct.
22 prior to today?
24 Yes.
25 (Playing video.)
2 Q That's you --
3 A Correct.
5 in your hand?
6 A Correct.
8 there, I guess.
11 EXAMINATION
12 BY MS. BELL:
15 A No.
17 witnessed it?
18 A No.
22 A Yes.
25 Q Immediately?
4 not.
8 children?
10 Q A warning?
14 A No.
17 next day?
22 ask?
23 A Ms. Tate.
2 EXAMINATION
3 BY MS. HOSLER:
6 this?
8 walking.
13 EXAMINATION
14 BY MS. BELL:
21 EXAMINATION
22 BY MS. HOSLER:
3 (Playing video.)
5 BY MS. HOSLER:
12 EXAMINATION
13 BY MS. CICHON:
19 EXAMINATION
20 BY MS. BELL:
2 (Playing video.)
11 leadership role.
12 BY MS. BELL:
16 that part. Also, you said that you go over and you
7 Uh-huh.
13 haven't heard from Ms. Tate, but that's not what the
15 saw it?
16 A Yes.
21 here.
24 EXAMINATION
25 BY MS. HOSLER:
7 like --
18 EXAMINATION
19 BY MS. BELL:
2 also.
15 EXAMINATION
16 BY MS. HOSLER:
2 A No.
3 EXAMINATION
4 BY MS. BELL:
8 separated.
9 A Yes.
23 the room?
8 shouldn't.
9 EXAMINATION
10 BY MS. HOSLER:
2 BY MS. BELL:
6 the kitchen.
10 sure.
12 together?
16 minutes.
17 EXAMINATION
18 BY MS. HOSLER:
21 A No.
23 EXAMINATION
24 BY MS. CICHON:
7 something is.
9 A I'm sorry?
12 the incident?
5 know, different.
17 A Correct.
19 did it?
7 room.
9 home?
14 * * * * * * * * *
15 BEVERLY WALDRON,
18 testified as follows:
19 DIRECT EXAMINATION
20 BY MS. GREEN:
24 W-a-l-d-r-o-n.
4 County?
15 Lawson's dismissal?
16 A Yes, I am.
18 Lawson?
19 A Yes, I did.
7 A Probably 15 or 20.
9 A Yes, he did.
2 were.
5 A Yes, he has.
17 do the job?
22 A That is correct.
7 the future.
10 A Yes, he was.
21 CROSS-EXAMINATION
22 BY MR. LAWSON:
2 you.
6 appointment.
11 A Yes, it is.
5 EXAMINATION
6 BY MS. HOSLER:
9 immediately?
10 A Not to my knowledge.
12 closure?
16 disposition?
17 A I have no idea.
25 EXAMINATION
10 question.
18 recording."
24 recording?
25 A Yes, I would.
4 their interviews.
2 and it is documented.
7 Q Apparently.
17 EXAMINATION
18 BY MS. HOSLER:
24 A Yes.
2 otherwise?
6 been terminated?
10 A Yes.
15 before.
16 Q Uh-huh.
20 of those.
21 Q Go ahead.
2 A What discovery?
10 A Yes.
22 witnesses?
9 * * * * * * * * *
10 JOANN ROLLINS,
13 testified as follows:
14 DIRECT EXAMINATION
15 BY MS. GREEN:
20 conduct?
22 Rhodes.
19 employment?
6 take it mind --
9 argument.
10 A I'm sorry.
13 should be dismissed?
22 CROSS-EXAMINATION
23 BY MR. LAWSON:
14 explain it?
22 to Gregory? No.
5 BY MR. LAWSON:
14 from HR. We all sat down and read the report, and
16 disciplinary actions.
18 There's nothing.
24 because Mr. Tre hits people and so, oh, now the
5 are using.
13 Q Is that confirmed?
19 statements?
23 Q Ms. Rollins --
9 Rollins --
10 A Yes.
20 a CPI that said the strike did occur. And let's say
24 Q My hand never --
11 do?
22 and that child had gone home and said, "I got hit"
25 we hit the kids all the time," you know, "They were
8 this video --
9 A Um-hum.
12 any staff?
21 the video, you may feel that you see something. You
12 what I saw.
3 didn't.
14 safe campus.
17 EXAMINATION
18 BY MR. CANASI:
23 did tell the CPI investigator that she was not hit.
24 A No.
25 Q Is that correct?
21 a few folks.
23 BY MR. CANASI:
16 know.
18 his hand real quick like that, I'm going to, you
16 EXAMINATION
17 BY MS. BELL:
25 EXAMINATION
8 hotline?
15 about it.
20 A They did.
24 sensitized to what --
2 A It did, it did.
11 it. And Ms. Veale did come and report it, but she
25 EXAMINATION
4 A No allowances.
10 speaking at a time.
18 BY MS. BELL:
2 800-and-some-odd incidents.
4 Facebook.
12 there too.
9 or a presentation.
14 be sworn.
4 investigation.
17 at the child.
6 direction.
22 supervisor.
13 internal report.
13 at Pet Resources.
2 environment.
16 me there.
11 witnesses to call?
17 subpoena?
24 been dismissed?
18 issue.
21 MS. HOSLER: So --
24 character evidence?
9 appear.
14 included her.
3 mentioned to her?
15 walk out.
19 that.
19 have a quorum.
4 proceed.
8 * * * * * * * * *
9 TRENESIA STRONG,
12 testified as follows:
13 DIRECT EXAMINATION
14 BY MR. LAWSON:
18 Q Sunday, correct.
7 A No.
9 staff?
10 A No.
13 striking a kid?
14 A No.
16 allegations?
2 A No.
5 A No.
20 phones.
22 A Yes, um-hum.
25 me striking a child?
4 years.
5 Q Three years.
6 A Three years.
9 A No.
11 A No.
15 EXAMINATION
16 BY MS. BELL:
18 A No.
20 facility?
21 A No.
23 Lawson?
24 A Yes.
2 A Yes.
4 A Yes.
7 EXAMINATION
8 BY MR. TRICHLER:
20 Sunday?
21 A That Sunday.
2 BY MS. BELL:
5 of collaborative, everybody?
9 EXAMINATION
10 BY MS. CICHON:
14 A No.
18 something happening?
24 A For abuse?
6 A Right away.
10 A No.
14 go.
18 other witnesses?
20 slapped.
13 done."
6 not.
15 7.5.
23 child.
13 Hillsborough County.
4 you.
7 arguments now.
20 even clear.
10 do?
8 that I love.
20 voting.
6 doubt there.
9 don't like the fact that you hid your name tag,
18 he deserves that.
8 there.
19 favor.
12 four.
19 didn't.
9 witnesses.
16 voting tonight.
20 been terminated.
3 on paper.
8 find --
5 position.
16 it?
2 one?
3 MS. GREEN: 5 to 1.
10 saying aye.
13 was no violation?
15 that one?
4 saying aye.
25 County.
2 one?
15 me?
4 nay.
22 redo it.
11 Rollins' mission.
3 County.
23 fact, violated.
11 kid's face.
10 important to do this.
21 hitting.
8 due-process problems.
21 Form 5.
6 implement NAPPI?
3 witnesses.
7 witnesses.
15 vote.
21 think --
23 staff.
6 that.
18 did feel --
22 times.
2 touched by adults.
9 position.
15 in a leadership position.
6 I'm sorry.
8 feel.
18 appeal to you.
21 perspective on No. 26 --
2 keep your job with the county but you are not
6 get to say.
8 correct either.
2 answer.
21 today.
9 favor of an appellant.
5 guarantee.
19 county employee.
4 Hillsborough County?
20 other?"
10 interview. No?
9 3rd?
12 understand.
16 another job?
25 March 3rd?
6 and HR.
11 happy medium.
16 reconsideration.
4 vote on 11.2(26).
14 never interviewed."
18 Any opposed?
20 going to revote?
23 motion.
19 Any opposed?
2 catchall?
7 7.5?
18 Any opposed?
22 (1)?
18 Any opposed?
24 Any opposed?
5 Any opposed?
13 Any opposed?
5 Any opposed?
21 board members.
3 discussions.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
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3 STATE OF FLORIDA:
4 COUNTY OF HILLSBOROUGH:
15 action.
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Description
2000-445
An act relating to Hillsborough County; consolidating, compiling, codifying, revising for the purposes of clarifying, and
streamlining the extant law; vesting standard business practices in law and removing gender-specific references; continuing
rights, privileges, and benefits accrued by certain employees; retaining membership in the classified service except under certain
circumstances, and amending chapter 96-519, Laws of Florida, as amended, relating to the Civil Service Act; providing a
statement of policy; providing a short title; providing mandatory and optional applicability of the act; providing, listing in a single
section, and adding definitions for purposes of clarification; describing classes of employees and specifying those to whom the
act is applicable; creating a civil service board and providing; listing in a single section, and adding powers and duties to vest in
law standard business practices of the district not previously enumerated and deleting the requirement that prospective employees
be ranked in accordance with relative qualifications; providing for the establishment and use of initial employment lists and
promotional lists and deleting the requirement that employment eligibility lists be canceled after six months; requiring that the
duration of employment eligibility lists be established by rule; providing for the creation and abolition of positions and the filling
of vacancies; providing for a probationary period and tenure; providing for the suspension, demotion, and dismissal of
employees; providing for an appeal hearing procedure; providing for disciplinary hearings for certain employees of the
administrative office of the Thirteenth Judicial Circuit but paid from funds of the county; providing for recommendation and
adoption of classification and pay plans; providing an appropriation for the board; providing for a committee to review extant
rules; providing for fiscal responsibility; prohibiting certain activities; providing restrictions on individuals qualifying for elective
office; providing for an employee advisory committee; deleting the requirement that the board undergo regularly recurring
performance audits mandated by special act; providing criminal penalties for violation of the act; providing for future review of
Section 1.
This act supersedes Chapter 96-519, Laws of Florida, which establishes and provides for the Hillsborough County Civil Service
Act, and all acts amendatory or supplementary thereto, and constitutes a consolidation, compilation, and codification of all laws
expressly repealed by this act which pertain to the Hillsborough County Civil Service Act. This act guarantees continuance of all
rights, privileges, or benefits accrued by any classified employee as a result of employment prior to the effective date of this act.
Any position in the classified service as defined by Chapter 82-301, Laws of Florida, through September 30, 1985, and which
was occupied through that date, but which became exempt upon the effective date of chapter 85-424, Laws of Florida, may
remain in the classified service pursuant to the provisions of this act until the occurrence of any one of the following: request by
said person to be transferred to the exempt service; dismissal by the appointing authority; resignation; or retirement.
It is the purpose of this act to establish a system for the formulation and implementation of procedures to ensure the uniform
administration of the classified service on the following merit principles:
1. Recruitment, selection, compensation, benefits, and advancement of employees on the basis of their relative job-related
ability, knowledge, skills, and personal capabilities, including open consideration of qualified applicants for initial
appointment.
2. Retention of employees on the basis of the adequacy of their performance, allowing for correction of inadequate
performance when possible and separation of employees whose inadequate performance has not been corrected.
3. Fair treatment of applicants and employees in all aspects of personnel administration without regard to age, sex, race,
religion, national origin, political affiliation, marital status, or disability except when specific sex, age, or physical
requirement is a bona fide occupational qualification.
Section 4. Application
The provisions of this act apply to all classified personnel employed by the following agencies or authorities within the county:
the commission, county administrator, clerk of the circuit court, supervisor of elections, property appraiser, tax collector, sheriff,
environmental protection commission, aviation authority, port authority, planning commission, public transportation commission,
expressway authority, law library, legislative delegation, soil and water conservation district, civil service board, sports authority,
Section 5.
1. “Appointing authority” means any person or agency authorized under this act or other statutory authority to employ
personnel to carry out the responsibilities of the agency.
2. “Appointment” means selection by an appointing authority of a certified eligible person to perform assigned duties and
responsibilities in a specified position in the classified service.
3. “Benefits plan” means a schedule of employment benefits to include all leave and holidays.
4. “Board” means the county Civil Service Board.
5. “Budget authority” means any agency or authority to which this act applies and which is empowered to develop and
adopt its budget without approval by any other agency or authority.
6. “Certification” means the process of providing the names of those eligible for a class of positions to be considered in
filling a vacancy.
7. “Certified employment list” means employment eligibility lists and promotion eligibility lists.
8. “Civil Service” means that part of the employment system within Hillsborough County to which this act is applicable
pursuant to section 4.
9. “Classified employee” means an employee whose position is subject to the rights contained in this act and in rules
adopted by the board.
10. “Class of positions / classifications” means all positions that are sufficiently similar as to kind or subject matter of
work, level of difficulty or responsibilities, and qualification requirements of the work to warrant the same treatment as
to title, pay range, and other personnel transactions.
11. “Classification plan” means a document that formally describes the concepts, rules, and class specifications used in the
classification and reclassification of positions in the classified service.
12. “Commission” means the board of county commissioners of the county.
13. “County” means Hillsborough County, Florida .
14. “Demotion” means moving an employee from a position in one class to a position in another class having a lesser
degree of responsibility and lower pay grade.
15. “Dismissal” means the discharge of an employee from the service by the appointing authority.
16. “Executive manager” means a position so designated by any appointing authority. The identifying characteristics of an
executive manager position are:
1. Having primary responsibility for the administration of a department or division that is major in scope in
terms of a countywide program except as may be limited by municipal programs.
Section 7. Creation of the Board; Method of Conducting Business; Pow ers & Duties
1. There is created in the county a board known as the Hillsborough County Civil Service Board. The board shall consist
of seven members who are qualified electors of the county; however, no person may be appointed to serve who is either
an elected official or an employee of any appointing authority. Each appointment, except one made to fill an unexpired
term, shall be for a period of four years. Each member shall continue to serve until the expiration of that member’s term
and until a successor has been appointed. The absence of a board member from more than 50 percent of the board’s
scheduled meetings during any calendar year constitutes his or her resignation. Upon death, resignation, or removal of
a member, a successor shall be appointed for the unexpired portion of that member’s term. All appointments shall be
made by the governor, subject to confirmation by the senate. Members shall serve without compensation, but, may be
reimbursed for certain expenses as provided in this act. The clerk of the circuit court shall serve as secretary ex officio
and is not entitled to any salary or additional compensation for that service.
2. The board shall:
1. Conduct the business of the district, including establishing an annual budget.
2. Encumber and expend the funds appropriated for the purposes of this act, utilizing the policies and practices
of the departments under the commission.
3. Adopt and amend rules for the uniform administration of this act following a minimum of 30 days’ notice of
the proposed rule to each appointing authority.
4. Meet at least once every two months to properly handle its business in accordance with the intent and
purposes of this act, which meetings shall be open to the public in accordance with general law.
5. Adopt written bylaws for its internal governance, including the election of a chair and vice chair, and written
standard operating procedures for its internal operations as may be required.
6. Employ, discipline, and terminate a director and such other personnel as necessary to carry out the purposes
of this act and within the scope of its budget. The director must meet the following minimum qualifications:
graduation from an accredited four-year college or university with completion of a major course of study in
business administration, public administration, psychology, or a related field; and at least five years of
progressively responsible personnel experience, including three years in a responsible supervisory position.
1. The board shall establish employment eligibility lists for the various classifications in the classified service. The
qualifications, duties, pay, and experience applicable to the classification shall be posted by the board two weeks
preceding the establishment of such list. The list shall contain the names of all persons certified by tests or other
evaluative procedures. The resulting employment list shall be published within 15 working days after the last day of the
two-week notification period. The board shall establish by rule the duration of each employment eligibility list. Scores
shall be valid for a minimum of two years. However, the board may cancel any list when such list, in the board’s
opinion, fails to provide suitable candidates for the classification to be filled. An error in the assessment of any
applicant’s qualifications shall be corrected if called to the attention of the board within 30 days after notification by
the board to the applicant. If an employee has satisfactorily completed a six-month probationary period, such correction
shall not invalidate any appointment made as a result of the error.
2. The board shall establish promotion eligibility lists to fill vacancies in classifications whenever there is a lower
classification, the duties of which directly tend to fit the incumbents thereof for the performance of the duties of the
higher classification. An employee who has not completed the initial probationary period is not eligible for status on a
promotion list.
1. Each appointing authority shall promptly report to the board its intention to establish any new position that may be
classified, and the board shall respond in accordance with the provisions of this act.
2. Whenever a position in the classified service becomes vacant, the appointing authority may ask the board for the
appropriate eligibility list. All classified appointments shall be made from persons certified by the board as eligible.
Appointments shall be regarded as taking effect upon the date the person selected reports for duty.
3. A temporary employee, as defined in Section 5, need not be on a certified eligibility list but must meet minimum
qualifications for the classification of the position to which appointed. An appointing authority may make any
temporary appointment without board approval; however, the board must be promptly notified of any such
appointment. One extension of not more than 120 calendar days may be granted by certification to the board before the
expiration of the initial 120-calendar-day appointment by the appointing authority as not being an avoidance of the duty
to properly fill a valid classified position. Any further extension must receive the prior approval of the board.
4. A substitute employee, as defined in Section 5, need not be on a certified eligibility list but must meet minimum
qualifications for the classification of the position to which appointed.
5. A written report shall be given immediately to the board and to each affected employee by each appointing authority of
all appointments, reinstatements, vacancies, absences, or other matters affecting the status of positions or the
performance of duties of officers or employees in the classified service. Such notices shall be prepared in the manner
and form prescribed by the board.
6. A position in the classified service may not be abolished without the approval of the board. Positions may be abolished
only in good faith.
1. All employees in the classified service are entitled to the protection of this act when they have successfully completed
their initial probationary period, whether the probationary period began before or after the effective date of this act. It is
the intent and purpose of this act to give the protection of tenure of employment to any classified employee of any
appointing authority who has successfully completed the initial probationary period. Any person dismissed during the
initial probationary period is not entitled to an appeal hearing before the board.
2. Whenever a position in the classified service is filled by promotion, the person so promoted shall serve a period of
conditional employment of 6 months in the new position, which may be extended for an additional period of up to 6
months at the discretion of the appointing authority. However, if the probationary period and any extension thereof are
not successfully completed, such person shall forthwith be returned to duty to the former classification held in the civil
service, provided such person has served the initial probationary period. Unsuccessful completion of a probationary
period in a position of promotion is not appealable to the board.
1. Any classified employee, upon transferring to another classified position, may not incur loss of benefits,
including, but not limited to, pensions and leave.
2. Any employee who is employed in an exempt position by an agency or authority within the county and who
transfers to a classified position may not incur loss of benefits, including, but not limited to, pensions and
leaves.
1. Any nontenured employee in the classified service may be suspended, demoted, or dismissed for any reason.
2. Any appointing authority may suspend, demote, or dismiss a tenured employee following written notice to the
employee of the intended action, detailing the reasons therefor and providing an opportunity to respond thereto at an
informal predisciplinary hearing scheduled for that purpose. The hearing must be scheduled no sooner than 5 working
days after the date of notice of intent to discipline unless the employee waives this time and requests an earlier hearing.
If the final decision is to discipline, the appointing authority must provide written notice to the employee as soon as
possible following the hearing.
3. Any employee may be suspended immediately, with or without pay and without the benefit of advance written notice,
upon determination by the appointing authority that such suspension is in the best interest of the county. The appointing
authority must provide written notice to the employee as soon as possible and give the employee the opportunity to be
heard as required in subsection (2).
4. Any employee who has satisfactorily completed the initial probationary period and is thereafter suspended, demoted, or
dismissed from employment may request a hearing to appeal that disciplinary action by making a written request to the
board within 10 calendar days after the official date of receipt of the final notice to discipline. The request for an appeal
hearing must state clearly and simply the reason or reasons the employee believes the disciplinary action was not
justified and must be received by the board within the 10-day limit, and the board must send a copy to the affected
appointing authority within 3 working days after receipt thereof.
1. The practice and procedure of the board with respect to an appeal hearing authorized by this act shall be in accordance
with adopted rules.
2. The board shall make every reasonable effort to hear any timely filed appeal of demotion or dismissal within 30
working days after receipt of notice of appeal unless an extension of time is requested by the employee or the
appointing authority. At no time may an appeal hearing be delayed beyond 60 calendar days without the consent of
both parties. Requests for appeal hearings of suspensions shall be scheduled as soon as possible. The board shall
provide reasonable notice to all affected persons and provide an opportunity for all affected persons to be heard and to
introduce relevant testimony and evidence at the appeal hearing, which shall be public. All testimony shall be under
oath.
3. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of the type commonly
relied upon by reasonably prudent persons in the conduct of their affairs is admissible, whether or not such evidence
would be admissible in the courts of this state. Hearsay evidence may be introduced and used for supplementing or
explaining other evidence, but it shall not be sufficient in itself to support a finding by the board unless it would be
admissible over objections in a civil action.
4. For the purpose of such hearing, the director or a member of the board is authorized to issue subpoenas to compel the
attendance of witnesses and the production of books, accounts, records, and documents. The board or any member of
the board may administer oaths and compel testimony. In the case of disobedience by any person of an order of the
board to testify to any matter regarding which the person may be lawfully interrogated, or of a subpoena to appear or
produce documents in the person’s possession, a county judge shall upon application of the director or a member of the
board, compel obedience by attachment proceedings for contempt, as in the case of a similar court order. Each person
who serves such a subpoena shall receive the same fee as a sheriff, and each witness who appears in obedience to a
subpoena shall receive the same witness fee and mileage provided for witnesses in civil cases, which fees shall be
audited and paid in the same manner as other expenses.
Section 13. Administrative Office of the Courts; Hearing to Review Action of Dismissal, Demotion, or
Suspension
Any employee holding a position within the Administrative Office of the Courts which was classified as of January 1, 1998, and
which is funded by the county may request a hearing to review such dismissal, demotion, or suspension action by making a
written request to the board within 10 calendar days after the official date of receipt of the final notice of the action. The request
for a hearing must state clearly and simply the reason such employee believes the action was not justified. The board shall send a
copy of any employees’ request for hearing to the court administrator within three working days after receipt. The practice and
1. At least once annually, on or before March 31, the board shall recommend any revisions to the classification and pay
plan and shall immediately forward them to each appointing authority. The pay plan shall provide, for each class of
position in the classification plan, a salary schedule with an initial entrance salary, intermediate points, a method of
recognizing longevity, and a maximum salary. Thereafter, but not later than April 30, the board shall prepare a final
recommendation, taking into consideration any responses received from any appointing authority and including as
backup material copies of all such responses. If the final recommendation is for a change to the pay plan, the
classification plan, or both, the recommendation shall be presented, along with the backup material, to each budget
authority for the classified employees whose positions it funds. Each budget authority must approve, amend, or reject a
salary schedule for the classified employees it funds by the date of adoption of its annual budget. A budget authority
shall not adopt a salary schedule for any employee whose salary is funded by any other budget authority. The board
shall adopt the salary schedule adopted by each budget authority and include each in the board’s pay plan. The board
shall also adopt salary schedules established in accordance with any collective bargaining or impasse resolution
procedures of any of the agencies or authorities to which this act applies, and shall also include each salary schedule so
established within the board’s pay plan.
2. The maximum salary shall be established and used for each class within a salary schedule. The salary schedule shall be
used unless the board makes a determination that:
1. It is in the best interests of the county to approve a salary exceeding the maximum to avoid loss of pay for an
employee; and one of the following conditions applies:
1. A pay grade is being reduced by administrative action, including reclassification to a position with
a lower pay grade, regrading of a class to a lower pay grade, or demotion through reduction in force
to a class with a lower pay grade
2. An employee is voluntarily demoted
3. An employee’s position is incorporated into civil service
2. It is necessary to implement a court order, settlement, or contract or to avoid impairing a property interest.
The commission shall appropriate to the board annually a sum of money equal to not less than sixty-five hundredths of one
percent of the classified personnel payroll of the fiscal year just ended to enable the board to properly carry out the purposes of
this act. It is the duty of the authorities having charge of the public buildings of such county to allow the reasonable use of public
buildings and rooms for the holding of any activity of the board provided for by this act and to provide quarters for the use of the
board.
A review committee shall be established consisting of the director of the board; eight persons, one to be designated by each of the
following:
A representative shall also be selected by the employee advisory committee. The director of the board shall call an organizational
meeting in September of each year for the selection of officers, adoption of procedural rules, and formulation of a proposed
agenda. The committee may meet as many times thereafter as necessary, and the staff of the board shall be available for its use.
The review committee shall review the current rules adopted pursuant to this act and may propose changes as appropriate for the
board’s consideration. The board shall act upon the committee’s recommendation within 60 days after their presentation to the
board.
A salary, wage, or compensation for services may not be provided to any person in the classified service except upon certification
by the board or its agent that the position has been classified as required by this act and rules adopted pursuant thereto and that
the incumbent in the position has been duly qualified and properly appointed. Any individual who in good faith accepts an
appointment contrary to this act and becomes entitled to compensation therefor has a cause of action against the appointing
authority for recovery of salary or other compensation due. The board may provide for the regular or occasional audit of payrolls
to enforce this provision.
A person may not deceive or obstruct another person with respect to that person’s right to apply for employment under this act. A
person may not falsely evaluate an application or test for the purpose of improving or injuring an applicant’s chances for
employment. An applicant may not knowingly misrepresent the applicant’s qualifications for the purpose of improving the
applicant’s chances for employment. A person may not use the authority of a position in the classified service to solicit or receive
political contributions. A person may not use or promise to use influence or official authority to secure appointment to the
classified service in return for political contribution or service. A public officer or employee may not by means of threats or
coercion induce or attempt to induce any person in the classified service to resign, take leave, or waive any rights under this act.
A resignation executed prior to appointment is of no effect.
No subordinate personnel need resign upon qualifying for any compensated, elected public office unless such individual is
seeking to qualify for a public office which is currently held by an individual who has the authority to appoint, employ, promote,
or otherwise supervise that subordinate personnel and who has qualified as a candidate for reelection to that public office. No
subordinate personnel of the county administrator need resign upon qualifying for any compensated, elected public office unless
such individual is seeking to qualify for a position on the commission in which the incumbent has qualified as a candidate for
reelection. However, any such personnel shall take a leave of absence without pay from public employment during the period in
which the person is seeking election to public office. A classified employee may serve in an elected public office if service in
such elected office does not conflict with the performance of the employee’s duties in the classified service or present a conflict
of interest between the elected office and the classified position. If a classified employee is elected, the appointing authority
where that employee is employed shall determine whether the employee’s service in public office conflicts with the performance
of his or her duties with the appointing authority. If the employee disagrees with any finding that relates to a conflict with the
performance of duties, the employee may file a grievance or appeal under the applicable processes.
An employee advisory committee shall be elected from among the employees of the agencies or authorities named in Section 4 in
a manner and for terms prescribed by the board. The board shall also prescribe the manner by which any vacant unexpired term
shall be filled. The employee advisory committee will serve as the medium to provide a continuous and meaningful exchange of
ideas and practical solutions on personnel matters between the board and employees.
Any willful violation of this act is declared to be a criminal offense and misdemeanor as defined in s775.08(2), Florida Statutes,
shall be punishable as provided by general law.
Prior to the end of calendar year 2010 and every 10 years thereafter, the county legislative delegation shall review this act, as
amended, to determine whether there is a need for codification. If it is determined that there is such a need, the delegation may
require the board to prepare such legislation and submit it to the delegation for further consideration.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the
provisions of this act are declared severable.
Section 24.
classified service status and tenure; and any other human resources
functions. The agency or authority that has elected to opt out of or opt
into any provision of this act has the exclusive authority to determine which
corresponding Civil Service Rules shall apply to that specific agency or
authority.
(a) The notice shall cite the specific provision of this act that the agency or
authority has elected to either opt out of or opt into, and identify the group of
employees subject to the opt-out or opt-in election, including designations
based on job classifications, divisions, dates of employment, or any other
delineated group of employees as determined by the agency or authority. The
notice shall also identify the personnel functions that are covered by the opt-
out or opt-in election.
(b) For the initial election period, the agency or authority shall provide
notice of its opt-out or opt-in election on or after July 1, 2014, but not later
than July 31, 2014, with an implementation date for the election to be
October 1, 2014. For each election period thereafter, the agency or authority
shall provide notice of its opt-out or opt-in election on or after December 1 but
not later than December 31 of that year, with an implementation date for the
election to be the first day of the next fiscal year.
(c) If an agency or authority does not submit notice of its opt-out or opt-in
election to the board during any designated election period, the provisions of
this act applicable to the agency or authority before the election period shall
remain in effect. An agency or authority that elects to opt out of any
personnel function regulated by this act may, at its discretion, contract with
the board to continue to provide the same personnel functions in a
nonregulatory capacity.
Section 15. Appropriation for the board.—The commission shall appro-
priate to the board annually a sum of money equal to not less than sixty-five
hundredths of 1 percent of the classified personnel payroll of the fiscal year
just ended, less the cost of providing any personnel functions that an agency
or authority has chosen to opt out of, in order to enable the board to properly
carry out the purposes of this act. In determining the annual appropriation of
funds, the commission shall also consider the cost of personnel functions
provided to agencies or authorities that have contracted with the board for
some or all of the personnel functions of which it has opted out, and any
additional personnel functions that the board has contracted with an agency
or authority to provide. It is the duty of the authorities having charge of the
public buildings of such county to allow the reasonable use of public buildings
and rooms for the holding of any activity of the board provided for by this act
and to provide quarters for the use of the board.
2
CODING: Words stricken are deletions; words underlined are additions.
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RULE ELEVEN Rule 11
11.1 General Provisions for Dismissals, Suspensions, and Involuntary Demotions for
Cause:
a. Personnel actions contemplated in this rule are those which diminish or eliminate,
either permanently or temporarily, the salary of a tenured member of the classified
service. Those actions include involuntary demotion for cause, suspension without
pay, and dismissal from employment.
b. A classified employee may be suspended with or without pay, demoted for cause, or
dismissed by his or her Agency Head or their designated representative, when such
action will promote the efficiency of the classified service. Any adverse action taken
by the Agency Head, or their designated representative, must be based on just cause.
d. No disciplinary action shall be based on an employee's sex, color, age, marital status,
national origin, citizenship status, disability, political or religious affiliations, or any
other non-performance factor. [CSL Section 2(1) (2) (3) or IRCA]
(1) violated the Civil Service Rules, or any operational or administrative rules or
procedures established by or for the Agency Head or their designated
representative, which are not inconsistent with these rules.
(3) failed to maintain competence or legal capacity to perform the duties required
of the classification/position.
11.2 (Continued)
(6) violated any lawful official regulation or order, or failed to obey any proper
direction made and given by a superior.
(11) engaged in a physical fight at the work site or has engaged in a verbally
abusive and/or intimidating confrontation with a supervisor, peer, employee, or
a member of the public.
(12) negligently operated a County owned or other vehicle used in the service of the
County.
(16) in connection with official duties, accepted compensation other than that
specifically authorized by Civil Service Rules. [CSL Section 18]
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RULE ELEVEN Rule 11
11.2 (Continued)
(20) been absent without leave, failed to give proper notice of absence, or failed to
report after a leave of absence has expired.
(25) without approval, knowingly and willfully modified, used or accessed data,
communications systems, programs or supplies used or intended to be used in
County computers, computer systems, communications systems, or network.
(27) demonstrated mental or physical impairment that prevents the employee, with
or without reasonable accommodation, from performing the essential functions
of his or her position.
(28) engaged in activities while not on duty in the classified service, including but
not limited to activities in other employment or elected office, which are
inconsistent with or create a conflict of interest with the requirements of
performing or serving in the classified service. If discipline is imposed under
this rule without the Appointing Authority providing prior notice to the
employee that it considers an action to be inconsistent with or to create a
conflict of interest with performance or service in the classified service, and
the
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RULE ELEVEN Rule 11
11.2 (Continued)
(32) any other properly substantiated cause that is in the best interest of
Hillsborough County.
a. Upon determination that the conduct of an employee creates a situation requiring the
removal of the employee from a duty station, the Agency Head or designated
representative may immediately suspend the employee, with or without pay; and,
without the benefit of advanced written notification. [CSL Section 11 (3)]
b. Situations may include, but are not limited to those situations in which the retention
of the employee would:
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RULE ELEVEN Rule 11
11.3 (Continued)
c. Employees suspended under these provisions shall be provided written notice of the
action taken, stating the reason(s) therefor; and, the effective date(s). The notice shall
also provide the employee an opportunity to respond at a Pre-Disciplinary hearing
schedule for that purpose. The notice shall be provided the employee within three (3)
working days or five (5) calendar days of their suspension date, whichever is sooner.
d. In the event the Agency Head or designated representative does not schedule a Pre-
Disciplinary hearing within a 60-day calendar period from the effective date of
suspension, the Agency Head, or designated representative, will provide the
employee and the Civil Service Board a status report with reasons as to the delay in
scheduling of a Pre-Disciplinary hearing. Thereafter, a status report will be sent to
the employee and the Civil Service Board every 30 days until a Pre-Disciplinary
hearing is scheduled.
(1) The hearing shall be scheduled no sooner than five working days from the date
of the written notice to administer the dismissal, suspension, or involuntary
demotion, unless the employee waives this time and requests an earlier
hearing.
(4) Where the CS Form 5 cannot be personally presented to the employee, the
Agency Head or duly authorized representative, shall mail such notification to
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RULE ELEVEN Rule 11
11.4 (Continued)
the employee's last known address using Certified Mail [return receipt
requested]; and, shall afford the employee an opportunity to file an appeal
within ten [10] calendar days from receipt. In these cases, the employee's
acknowledgement of receipt shall constitute the official date of receipt of the
final notice of suspension, demotion, or dismissal. In cases where the
notification is returned unclaimed, the "date of first attempted delivery"
indicated on the returned mailed document shall be used as the employee’s
official date of notification of dismissal, suspension, or involuntary demotion
for cause.
(5) A copy of the Civil Service Form 5, signed by the employee, along with Civil
Service Form 2 [Status Form] changing the status of the employee, shall
normally be forwarded to the Civil Service Office within five [5] working days
of imposing dismissal, suspension, or involuntary demotion for cause action.
11.6 (Continued)
(1) After considering the employee's response, the Agency Head or their
designated representative may rescind the action first intended or initiate
disciplinary action.
(2) If the final decision is to discipline, the Agency Head or his/her designated
representative shall comply with the requirements stipulated in Civil Service
Rule 11.4.
(3) Should the employee fail to respond to the original notification letter, the
Agency Head or his/her designated representative, may consider this as an
indication of abandonment and shall initiate dismissal action. In these cases, a
copy of the notification letter with evidence of mailing, along with CS Form 2
changing the status of the employee, stating the effective date and reason, shall
be forwarded to the Civil Service Office as soon as possible.
(4) Any employee who is dismissed as a result of abandoning his or her position,
and was properly notified of the Agency Head's intention to dismiss and who
failed to respond to that notification, shall forfeit all rights for the payment of
all sick and annual leave accrued, but not used.
11.7 Reduction-In-Force:
a. Each Agency Head shall develop and file with the Civil Service Board a Reduction-
In-Force Plan, to include a method of reemployment. Such plan shall be filed with
the Civil Service Board no later than sixty (60) days prior to the effective date of the
reduction-in-force.
b. The Agency Head of the agency in which the reduction-in-force will occur, shall
identify the number of positions to be reduced within each affected classification.
c. Before any tenured employee in the classification to be reduced is laid off, employees
on initial probation in the affected classification and, all temporary and substitute
employees performing like work shall be dismissed..
d. The Agency Head shall certify the names of those to be laid off in the classification
to be reduced, based upon seniority and other factors, as established by the Agency
Head's Reduction-In-Force Plan. Special consideration in the retention of employees
shall be given those persons eligible to receive veterans' preference, as defined in
Civil Service Rule 7.1c.
e. The Agency Head shall furnish each classified employee to be laid off, written
notification of the intended action. The notification shall be provided to the employee
11.7 (Continued)
a minimum of two weeks in advance; and, state the reason for the layoff and the
effective date. Concurrently, a copy of the notice shall be forwarded to the Civil
Service Office for appropriate action and inclusion in the employee's permanent
record.
g. Employees that are laid off due to a reduction-in-force may apply for Closed
Promotion Recruitments within one year of lay off.
h. Any tenured employee who is reemployed in a classified position within one year
after having been laid off from a classified position shall have their tenure status
restored. The employee’s benefits date and performance review date will be
adjusted for the total number of days between the last day of work and the date of
reemployment.
i. All benefits to which the tenured employee was entitled, as required by Civil
Service Law or Rules, on the date of lay off; and, for which not otherwise
compensated, are reestablished on the date of reemployment. No further benefits
accrue during the actual period of lay off.
j. Upon reemployment in the same classification, the employee shall receive the same
r ate of pay held at the time of lay off, or the minimum of the pay range, whichever
is higher.
e. Any person who is reinstated in a classified position after having been dismissed
from any such position in the Civil Service system, shall have their tenure status
restored, if applicable. All service which was creditable on the date of dismissal will
be included when computing the employees length of service, provided the employee
is reinstated within one year from the effective date of dismissal.
f. In all cases of dismissal, the employee's Benefits Date will be adjusted by adding the
length of the dismissal, regardless of the length of that period.
g. All benefits to which the employee was entitled, as required by Civil Service Law or
Rules, on the date of dismissal; and, for which not otherwise compensated, are
reestablished on the date of reinstatement. No further benefits accrue during the
actual period of dismissal.
h. Upon reinstatement in the same classification, the employee shall receive the same
rate of pay held at the time of dismissal, or the minimum of the pay range, whichever
is higher. The Performance Review Date will be adjusted by adding the length of the
dismissal, regardless of the length of that absence.
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RULE ELEVEN Rule 11
11.8 (Continued)
i. Upon reinstatement in a lower classification, the employee shall be paid as provided
for in Civil Service Rule 7.3c. The employee's most recent Performance Review
Date and conditional probationary period, if applicable, will be adjusted by adding
the length of the dismissal, regardless of the length of that absence
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RULE FIFTEEN Rule 15
(1) The employee appeal procedure mandated in Sections 11 and 12 of the Civil
Service Act (Chapter 2000-445, L.O.F., as amended) is implemented by this
rule and the relevant provisions contained in Civil Service Rules 2, 3, and
11 which are hereby incorporated by reference.
(2) The Board will utilize electronic filing in employee appeals. Parties to any
action shall electronically file (e-file) all documents using the Board’s
online e-Filing procedures. It is intended that such electronic filing shall be
consistent with Florida Rules of Judicial Administration as appropriate and
to the extent feasible. Self-represented individuals who do not have the
means to file electronically may submit paper documents in person or via
U.S. mail.
(3) The Board, acting in concert or through its Chair, may delegate certain
responsibilities to the Director or the General Counsel from time to time.
Such delegation shall be in writing and will be subject to review and renewal
on an annual basis.
(1) The Appointing Authority shall notify the Director of all disciplinary
actions which it imposes upon a classified employee(s) resulting in a
suspension, demotion, or dismissal within 3 business day of issuing a Notice
of Discipline (CS Form 5).
(2) When an employee submits a request to the Board for an appeal hearing,
the Board may request from the Appointing Authority additional
documentation which may be needed to determine the employee’s
eligibility for an appeal hearing under the applicable provisions of the Civil
Service Act and Rules. The Authority shall provide the requested
information to the Board within five (5) business days. These documents
should be provided electronically in accordance with this Rule.
15.3 Employees:
(1) Employees Eligible for Appeal Hearing: Any classified employee who has
satisfactorily completed the required initial probationary period, and is
thereafter involuntarily demoted for cause, suspended, or dismissed from
employment, may request a formal hearing before the Board to appeal said
action.
During the appeal hearing, the employee initiating the appeal shall have the
right to be heard publicly, to present evidence, to cross examine witnesses,
and to be represented by legal counsel, or an individual of the employee’s
choice, as provided for in 15.3(5). In all cases, the employee shall be
responsible for any and all expenses that he or she may incur in these
proceedings.
15.3 (Continued)
(1) The document which forms the basis for the appeal by a classified employee
is the CS Form 5 [Notice of Employment Suspension, Involuntary
Demotion for Cause, or Dismissal]. This document must include the action
which is being taken, the factual basis for imposing the action, the effective
date or dates of the action, and the specific Civil Service Rule(s), and/or
internal agency policy(ies) or regulation(s) which the Agency Head claims
have been violated.
(2) The facts contained in the Civil Service Form 5, and the Civil Service Rule
violations, and/or internal agency policy(ies) or regulation identified
therein, are the only subject matter litigated during the appeal hearing.
15.4 (Continued)
(4) Except for the requirement of the Agency Head to provide an opportunity
for the employee to respond at a Pre-disciplinary or Administrative Due
Process hearing, the Board shall not consider other aspects of the Pre-
disciplinary or Administrative Due Process procedures of the Agency Head
in any way, including questions such as whether the appellant received
adequate notice of the hearing, whether the appellant was adequately
represented at the Pre-disciplinary or Administrative Due Process hearing,
or whether the Agency Head followed its own internal procedures leading
up to the Pre-disciplinary or Administrative Due Process hearing. Evidence
introduced by either side at the Pre-disciplinary or Administrative Due
Process hearing may be admissible to determine whether the grounds listed
on the Civil Service Form 5 are within the scope of matters addressed by
the Pre-disciplinary or Administrative Due Process hearing. In addition,
evidence introduced at the Pre-disciplinary or Administrative Due Process
hearing may be admitted to impeach a witness regarding an inconsistent
statement; or for other purposes not inconsistent with this Rule, the Civil
Service Law or applicable legal precedent.
(1) The request for an appeal hearing must be received by the Civil Service
Office within ten (10) calendar days following the employee’s official date
of receipt of CS Form 5. Should the final period end on either Saturday,
Sunday or Hillsborough County designated legal holiday, the period shall
be extended until the end of the next day which is not a Saturday, Sunday
or Hillsborough County designated legal holiday.
(2) The request for an appeal hearing must be submitted electronically using an
Appeal Request CS Form 5A; and shall be electronically signed by the
employee and/or his or her authorized representative. Electronic filing
forms and instructions may be accessed at www.hccsb.org Self-represented
individuals who do not have the means to file electronically may submit the
Appeal Request Form (5A) in person or via U.S. mail.
(3) The CS Form 5A shall provide the telephone number, E-mail address, and
U.S. mail address to which a copy of the notice of hearing and other
pleadings or papers filed in the appeal action should be mailed or sent
electronically.
(4) The CS Form 5A shall state clearly and simply the reason(s) the employee
believes the suspension, involuntary demotion for cause, or dismissal was
not for just cause.
15.5 (Continued)
(5) Within three (3) working days from the receipt of the employee's request
for appeal hearing, the Board Director shall send a Notice of such request
to the Agency Head, or authorized representative, who initiated the action.
[CSL Section 11(4)] Such Notice shall also include the dates and
requirements as provided for in CSR 15.9 Scheduling of Appeal Hearing,
CSR 15.12 Motion for Summary Judgment, and CSR 15.14 Pre-Hearing
Conference.
(1) Consent of the parties required: After the Director has accepted the
employee’s request for appeal, documents may be electronically filed and
served, but only by, and upon, a party or parties who have consented
thereto by submitting a Consent to Electronic Service and Filing form
provided by the Board.
Where a party does not have the means to file electronically, the
Board reserves the right to convert paper filings into electronic
form as appropriate.
b. A party who does not have the means to file electronically shall
file documents, and serve and be served with documents, in hard
copy. When an e-filing party serves a document in hard copy on a
nonparticipating party, the document served shall bear full
signatures of all signatories and proof of such service shall be filed
electronically.
(2) Exceptions: Hard copy or paper documents and other submissions may be
manually submitted to the Board:
a. when the Board does not have the ability to accept and retain
documents by electronic filing;
15.6 (Continued)
d. Only the last four digits of the following items should be cited:
1. taxpayer identification number (TIN),
2. employee identification number,
3. driver’s license number,
4. passport number,
5. telephone number,
6. financial account number, except as set forth in paragraph
(1)c,
7. brokerage account number,
8. insurance policy account number,
9. loan account number,
10. customer account number, or
11. patient or health care number;
15.7 (Continued)
Any document that is or will become a record of the Board, and that is transmitted in an
electronic form, must be formatted in a manner outlined by Section 3.1 of the Florida
Court Standards found at the following link
www.flcourts.org/core/fileparse.php/624/urlt/Updated-E-Access-Standards-November-2016-v17-clean.pdf.
Such documents shall comply with all state and federal laws requiring that electronic
records be accessible to persons with disabilities, including the Americans with
Disabilities Act, and Section 508 of the federal Rehabilitation Act of 1973 as
incorporated into Florida law by section 282.603(1), Florida Statutes (2010), and any
related federal or state regulations or administrative rules.
(1) The Board shall make every reasonable effort to hear any timely filed appeal
of demotion or dismissal within 30 working days of receipt of the notice of
appeal, unless an extension of time is requested by the employee or the
Agency Head, or their respective representative. At no time shall the initial
hearing of an appeal of dismissal be delayed beyond sixty (60) calendar
days without the consent of both parties involved, unless otherwise required
by general law. [CSL Section 12(2)]
15.9 (Continued)
(3) After an appeal is filed, the Director shall provide notice to all parties of the
time, date, and location of all hearings and pre-hearing proceedings to take
place in an appeal. Such notice shall specify:
a. that any motions for summary judgment must be filed no later than
20 calendar days after the date the appellant filed the Civil Service
Form 5A;
c. the date of a hearing before the Board on the appeal which may be
scheduled as early as two weeks after the Pre-Hearing Conference.
The Director shall serve such further notices as may be required.
[CSL Section 12(2)]
(4) Any request for extension of deadlines to file a motion or response, or for a
continuance, or rescheduling of a hearing or pre-hearing conference must
be electronically submitted in writing except for a party is an employee who
is self-represented and does not have the means to file electronically. The
request shall include a full justification and must reach the Civil Service
Office by the end of that business day which is five (5) working days prior
to the hearing date, or deadline for submission. All such requests, except
when prepared and signed by counsel or other representative of the party,
must be signed by the appellant or the Agency Head.
The appellant, or his/her representative, shall at all times keep the Director informed, in
writing, of his or her current telephone number, email address, and mailing address. It shall
be the responsibility of the appellant, or his/her representative, to inquire of the Director
bi-weekly as to all scheduling matters. Failure to comply with the foregoing may constitute
an abandonment of any further right to appeal.
(2) Use by All Parties. The Board may, upon its own motion or upon the written
request of a party, direct that communication equipment be used for a
hearing, pre-hearing conference, or a status conference. The Board must
give notice to the parties and consider any objections they may have to the
use of communication equipment before directing that communication
equipment be used. The decision to use communication equipment over the
objection of parties will be in the sound discretion of the Board, except as
noted below.
(3) Testimony.
15.11 (Continued)
(4) Burden of Expense. The cost for the use of the communication equipment
is the responsibility of the requesting party unless otherwise directed by the
Board.
(7) Ownership of Records. The Board is the owner of all records and
electronic records made in any proceedings required to be recorded or
reported at its expense, and proceedings reported or recorded for the
Board’s own use.
(8) Fees. Copies of any reports shall be provided and charged in accordance
with the Board’s public records policy.
15.11 (Continued)
(1) Any party may move for summary judgment when it is believed that there
is no genuine issue of material fact; and, that he or she is entitled to prevail
as a matter of law.
(4) Unless electronically filed, the original and 10 hard copies of a Motion for
Summary Judgment, including affidavits, must be filed with the Director
and served by hand delivery, or first class mail on the opposing party, or
their designated representative, no later than 20 calendar days from the date
the appellant filed the CS Form 5A.
15.12 (Continued)
(5) Motions for Summary Judgment shall comply with the following
requirements:
a. the motion shall state with particularity the grounds upon which the
moving party will rely for summary judgment and the substantial
matters to be argued;
e. evidence should be of the same quality that the Board would admit
at an evidentiary hearing.
(6) If the opposing party desires to file a response, including opposing affidavits
or other evidence, he or she shall file such response with the Director and
serve it on the opposing party, or their designated representative, within
fifteen (15) calendar days of receipt of the Motion for Summary Judgment,
but in no event, no later than five (5) calendar days prior to the scheduled
hearing. A party opposing summary judgment may not rely solely upon the
allegations or assertions of its CS Form 5 or CS Form 5A. A party opposing
summary judgment which disputes any fact offered by the moving party
must offer in its response admissible evidence which controverts such facts.
Any material facts which are uncontroverted or undisputed by competent
evidence as of the date of the hearing may be found to be true by the Board.
Such responses shall be filed in accordance with the Board’s electronic
filing procedures.
15.12 (Continued)
(8) If it appears from the affidavit(s) of a party opposing the motion, that the
party cannot for reasons stated, present facts essential to support opposition
to the motion by affidavit, the Board may order a continuance to permit
affidavits to be obtained, or may make such other order as is just.
(9) The Board will schedule a hearing to consider oral arguments as soon as
possible consistent with other Board matters. Board Exhibit 1 sets forth the
Board’s authority to conduct the hearing and consists of the termination
status form, the CS Form 5, and the CS Form 5A.
(10) In the event that the party opposing the motion does not file a response and
does not appear at the hearing (either in person or via a chosen
representative), the Board shall dismiss the appeal for lack of prosecution.
The Board Chair may reopen the case if good cause for the lack of
appearance is provided within 30 days of the hearing date.
(11) The party, or designated representative, having introduced the Motion for
Summary Judgment will have fifteen (15) minutes to present oral arguments
to the Board supporting such motion, to include rebuttal.
(12) The party opposing the motion, or designated representative, shall also have
fifteen (15) minutes to present oral arguments to the Board opposing the
motion.
(13) The Board members may ask questions of either party, or their designated
representative, at the conclusion of that party's oral presentation.
(14) The judgment sought shall be rendered if the moving party presents
sufficient evidence that shows that there is no genuine issue as to any
material fact and that the moving party is entitled to a judgment as a matter
of law. Genuine issues which will preclude the granting of a summary
judgment are issues which can be supported by substantial competent
evidence. The Board shall vote separately on each rule violation for which
a party is pursuing summary judgment. The concurrence of the majority of
the Board members present and voting at the summary judgment hearing
shall be necessary for a summary judgment motion to be granted. Therefore,
in the event of a tied vote, the motion for summary judgment is denied.
15.12 (Continued)
(15) Should the Appointing Authority prevail on its Motion for Summary
Judgment, the disciplinary action imposed by the Appointing Authority
shall be considered upheld and the appeal dismissed. The decision of the
Board shall constitute a final Agency action.
(16) Should the Board deny the Appointing Authority's or the Appellant's
Motion for Summary Judgment, an evidentiary hearing shall be scheduled
as soon as possible.
(17) Should the Appellant prevail on his or her Motion for Summary Judgment,
the disciplinary action imposed by the Appointing Authority shall be
considered vacated in its entirety and the appellant placed in the same
position that he or she would have been in had the action not been taken.
The scope of relief provided by the Civil Service Board shall be in
accordance with Rules 15. 22and 15.24.
(1) The Director and/or a member of the Board is authorized to issue subpoenas
to compel the attendance of witnesses and the production of books,
accounts, records and documents at a final evidentiary hearing. [CSL
Section 12(4)]
(2) The Board, or any member thereof, may administer oaths and compel
testimony. [CSL Section 12(4)]
(4) It shall be the responsibility of any party seeking to compel the attendance
of a witness through subpoena to take the following steps:
15.13 (Continued)
The Board may also compel the attendance through subpoena of a witness or other
person at any hearing or regular Board meeting on its own initiative. In such case, the
Board shall be responsible for all costs of the service of the subpoena, including any
service fees and witness fees, which shall be audited and paid in the same manner as
other expenses. [CSL Section 12(4)]
(1) To facilitate the formal appeal hearing proceedings, the Director shall
coordinate with the parties to schedule a Pre-Hearing Conference with the
General Counsel and provide notice. Such Pre-Hearing Conference shall
normally be scheduled within seven (7) calendar days after the expiration
of the deadline for filing Motions for Summary Judgment and shall be
attended by each party to the appeal hearing, or their designated
representative.
(3) The failure of either party, or their designated representative, to comply with
the requirements set forth herein shall give the Board cause to continue the
hearing, dismiss the appeal, or to impose other appropriate hearing related
sanctions. Should the hearing be delayed due to the appellant or the
appellant's designated representative's unexcused failure to participate in
the Pre-Hearing Conference, and the Appointing Authority be overturned at
a later date; make whole remedies as defined by CS Rule 15.24 will not
apply to the period from the delayed hearing to the date of the Board's final
decision to uphold the appeal.
15.14 (Continued)
e. determine those issues of fact which are admitted and will require
no proof at the hearing; and, those issues of fact which remain to be
considered by the Board at the hearing; and
f. prepare a Pre-Hearing Statement in accordance with subsection (5)
of this rule.
(5) The Pre-Hearing Statement shall be filed with the Board no later than three
(3) calendar days before the date of the Pre-Hearing Conference, (or at such
other time as the Director may direct) and shall contain:
(6) The Director may dispense with the requirement to hold a Pre-Hearing
Conference in cases where the parties, or their designated representatives,
timely submit a Pre-Hearing Statement in compliance with CSR 15.14 4(5)
(Items a through h) or pending the outcome of a Motion for Summary
Judgment.
15.14 (Continued)
(7) The General Counsel shall address all preliminary, non-dispositive motions
and make evidentiary rulings on any objections designated in the Pre-
Hearing Statement to the exhibits, documents, or other documentary
evidence offered by either party, either at the Pre-Hearing Conference or
thereafter or, if the requirement to hold a Pre-Hearing Conference has been
vacated, in a pre-hearing order prior to the day of the evidentiary hearing.
The General Counsel shall also set the amount of time in which the hearing
in the case may be tried. The time allotted to hear appeals of suspensions
will be 45 minutes per side. The time allotted to hear appeals of demotions
or terminations will be 60 minutes per side. If either party shows good
cause, the Board Chairman may increase these time limits. Any rulings
made by the General Counsel at the Pre-Hearing Conference or thereafter
may be appealed to the Board at the time of the appeal hearing.
(8) The Pre-Hearing Statement and the pre-hearing order, if any, will control
the course of the hearing and may not be amended except by order of the
Board in the furtherance of justice. If new evidence or witnesses are
discovered after filing of the Pre-Hearing Statement, the party desiring to
call the same shall immediately notify all other parties, or their designated
representatives, and the Director, and such use shall be permitted only by
order of the Board in the furtherance of justice.
(1) Each party, or their designated representative, shall properly mark all
exhibits proposed to be offered into evidence at the appeal hearing
proceedings. Exhibits, whether or not stipulated into evidence, shall be
prepared and submitted as follows:
a. Stipulated Exhibits:
15.15 (Continued)
b. Unstipulated Exhibits:
(3) Hearing Before the Board: Unless electronically filed, each party, or their
designated representative, shall furnish the opposing party, or their
designated representative, a hard copy of those exhibits which have not been
stipulated, not later than five (5) calendar days prior to the hearing, and shall
furnish ten (10) hard copies to the Board's Clerk at the commencement of
the hearing.
Each party may electronically submit proposed findings of fact to the Director not later
than the commencement of the appeal hearing. Self-represented employees who do not
have the means to electronically file, may submit proposed findings by hard copy. These
may be utilized in the drafting of findings of fact, and will not be distributed to the Board
prior to the hearing.
(1) The Chair or Vice Chair, and General Counsel will be present at appeal
hearings. In the absence of both the Chair and the Vice Chair, the most
senior member of the Board present shall assume the role of Chair.
However, in no case shall a hearing proceed in the absence of the General
Counsel.
(2) The concurrence of the majority of the Board members present and voting
at such hearings shall be necessary for any action to be taken.
15.18 (Continued)
a. The Director must consider, but is not limited by, the provisions of
the Americans with Disabilities Act of 1990, as amended, in
determining whether to provide an accommodation or an
appropriate alternative accommodation.
(1) Evidentiary hearings conducted by the Board under Civil Service Rule 14
or Civil Service Rule 15 shall comply with Florida open-meeting law.
(2) For guidance of the parties, evidentiary hearings ordinarily proceed in the
following sequence unless otherwise stipulated by the parties; or upon the
determination of the General Counsel or the Board it appears that a different
procedure or deviation from this procedure, shall be appropriate:
d. The party bearing the burden of proof shall proceed with its case by
calling witnesses and introducing documentary or other evidence.
Subsequently, the responding party shall proceed with his or her
case. The party bearing the burden of proof, upon cause shown, may
be allowed limited rebuttal. Surrebuttal shall not be permitted except
when the interests of justice so require.
f. After the conclusion of the evidence, each party shall have the
opportunity to present closing argument. Closing argument is not
evidence, but is designed to inform the Board of each party's
position as to the facts demonstrated by the evidence and whether or
not the alleged violation(s) of Civil Service Rules(s) or Agency
policy(ies) and/or procedures(s) have been proven.
(2) In deciding whether any fact has been proven by a preponderance of the
evidence, a Board member may consider the testimony of all witnesses,
regardless of who may have called them, and all exhibits received in
evidence, regardless of who may have introduced them.
(3) In all Board hearings, including hearings to consider motions of any type
made by either party, the moving party must prevail by a majority of the
Board members present and voting. In the case of an appeal or grievance
hearing, the appellant is the moving party. In the case of a hearing to
consider a motion for summary judgment or other motion, the party filing
the motion is the moving party. In the event of a tie vote, the moving party
shall not prevail.
(1) The Board, acting in its quasi-judicial capacity during such hearings, must
initially make a determination about those facts which are relevant to the
ultimate issue before the Board. Where those facts are not in dispute, the
Board is entitled to accept and rely upon the undisputed facts as its own.
Where those facts are in dispute, the Board must resolve the factual disputes
created either by testimony or by documentary evidence.
(2) In resolving factual disputes, the Board should consider only the evidence
that is properly before it, that is, the testimony of the witnesses, and the
exhibits admitted in the record. However, as the Board considers the
evidence, both direct and circumstantial, it may make deductions,
inferences, and reach conclusions which reason and common sense lead it
to make.
(3) “Direct evidence” is the testimony of one who asserts actual knowledge of
a fact, such as an eyewitness. "Circumstantial evidence" is proof of a chain
of facts and circumstances tending to prove, or disprove, an ultimate
conclusion. Nothing the Appointing Authority’s representative, or the
appellant’s representative says is evidence in the case, nor is anything said
in the opening statements, the closing arguments, or objections, whether
stated by lawyers or by parties representing themselves. It is the Board's
own recollection and interpretation of the evidence that controls its
decision.
15.21 (Continued)
(5) The fact that the Civil Service Board must consider all of the evidence does
not mean that the Board must accept all of the evidence as true or accurate.
Each Board member should determine the credibility of each witness'
testimony and the relative importance of that testimony. In making that
decision, a Board member may believe or disbelieve any witness, in whole
or in part. The credibility of the evidence, and not the number of witnesses
testifying concerning any particular fact in dispute, is controlling.
(1) It is not part of the Board's function to determine whether the degree or type
of action is appropriate. Therefore, the Board may not reduce, increase or
otherwise modify the action imposed upon the appellant by the Agency
Head. If the conduct which is proven establishes a violation of at least one
of the Civil Service Rules, the action taken must be upheld in its entirety. If
the conduct which is proven does not establish a violation of the Civil
Service Rules, or if the action taken is found not to be for just cause, the
action must be vacated in its entirety and the appellant placed in the same
position that he or she would have been in had the action not been taken.
(2) In determining whether or not the conduct which is proven supports the
action of the Agency Head, the Board shall consider each alleged violation
cited on Civil Service Form 5.
(3) In cases where the appellant does not contest the cited violations of the Civil
Service Rules or Law, or the Agency's operational or administrative rules
and procedures; and, when it becomes apparent that the only relief sought
is to reduce the discipline imposed, the Board may dismiss the appeal upon
filing of an appropriate motion.
(1) Within ten (10) calendar days of the conclusion of the appeal hearing, the
Director or a member of the Board shall issue a Final Order to the affected
parties, setting forth its findings, conclusions, and the reasons therefore. The
ten day period begins on the day following the conclusion of the appeal
hearing. [CSL Section 11(5)]
15.23 (Continued)
15.24 Remedies:
(2) In determining relief, the Board may take into account mitigating factors
such as interim earnings and fringe benefits received, good faith efforts to
secure alternative employment, and the reasonableness of request for
continuance of hearing dates, and other equitable factors recognized under
applicable precedent.
(3) Attorney fees and cost of litigation will not be recoverable by either party
to an appeal.
(1) Any employee holding a position within the Administrative Office of the
Courts (Court Administrator) which was classified as of January 1, 1998,
and which was funded by Hillsborough County Board of County
Commissioners, may request a hearing to review a dismissal, involuntary
demotion for cause, or suspension. Such a request shall be made as
otherwise provided in these rules.
(2) The practice and procedure of the Board with respect to a review shall be in
accordance with adopted Civil Service Rules. If the Board finds that such
Court employee's dismissal, involuntary demotion for cause, or suspension
was for a reason other than just cause, it may recommend to the Chief Judge
that such employee be restored to that employee's former status. Such
recommendation is not binding on the Chief Judge.
Members of the Civil Service Board sit as a quasi-judicial body during hearings held to
consider an appeal of a disciplinary action affecting the substantial interests of an
employee. In this capacity a Board member may not receive an ex parte communication
from an affected party. Ex parte communication occurs when a Board member
communicates with one party to an appeal to the exclusion of the other party or parties, or
when a Board member initiates discussions about a case with third parties. Under generally
accepted legal principles Board members are prohibited from consulting any person, or
party on any fact in issue unless upon notice and opportunity to all parties in the proceeding.
15.27 Forms: