AGREEMENT TO PROVIDE HEARING OFFICERS
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AGREEMENT
THIS AGREEMENT, made and entered into this
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t:?;ru:! ,. A. D., 1977, by and between the CITY OF CLEARWATER,
FLO~DA, a municipal corporation, acting by and through its City
Commission, hereinafter referred to as the "City", and the STATE OF
FLORIDA, DEPARTMENT OF ADMINISTRATION, DIVISION OF ADMINISTRA-
TIVE HEARINGS, hereinafter referred to as the "State";
WITNESSETH:
WHEREAS, the City Commission of the City of Clearwater, Florida,
on January 6, 1977 passed Ordinance No. 1643 for the purpose of creating a
new civil service system in Clearwater; and
WHEREAS, Ordinance No. 1643 was approved by a vote of the electorate
at the general election held February 8, 1977; and
WHEREAS, Section 2-38 of Ordinance No. 1643 provides the City
Commission of the City of Clearwater with two methods whereby a hearing
officer may be provided, one of which is through contract with the State of
Florida, Department of Administration; and
WHEREAS, it has been determined by the City Commission that such
contractual ar:rangement is available; and
WHEREAS, the City Commission believes that this method will insure
that a hearing officer will be readily available and will possess the qualifications
necessary to implement Section 2-38 of Ordinance No. 1643;
NOW, THEREFORE, the parties hereto for and in consideration of
the mutual covenants contained herein, do hereby ,agree as follows:
1. The State agrees to make available to the City a hearing officer
from its Department of Administration, Division of Administrative Hearings
to conduct City employee suspens ion, demotion1 termination or grievance
hearings. Such hearing officer shall where possible be a person familiar with
cases involving the type of employment action described herein.
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2. The City, through its City Commission, agrees to compensate
such hearing officer for each hearing he attends and functions on behalf of
the City of Clearwater as a hearing officer the sum of Twenty Dollars ($20.00)
per hour and in addition agrees to compensate such hearing officer at the rate
of Twenty Dollars ($20.00) per hour for each hour spent in preparing his
findings and conclusion and for each hour spent in travel time. The State
agrees wherever possible to arrange travel time of such hearing officer in
such a manner that he could accomplish other State work while at the same
time conducting a hearing on behalf of the City. At the conclusion of each
hearing, the State agrees to provide the City an itemized statement of the
charges and costs described herein.
3. This Agreement shall run for a period of one (1) year commencing
from the date of execution, and shall be automatically renewed for succeeding
one-year periods unless cancelled as provided herein.
4. The City in order to request the services of a hearing officer
shall initiate a letter to the Director, Department of Administration, Division
of Administrative Hearings, requesting the services of a hearing officer and
shall include with such request a copy of the charges or other material which
forms the basis for the employee action. Such request and material shall be
forwarded to the Director only after the employee has requested a hearing.
It is understood that the City may request a hearing officer in those situations
where an emergency hearing is made necessary. The State agrees to make
every effort to provide a hearing officer within thirty (30) days of its receipt
of the letter initiating such request.
5. The State agrees to use in hearings conducted on behalf of the
City of Clearwater only those hearing officers who function as full time
hearing officers for the State of Florida, Department of Administration,
Division of Administrative Hearings.
6. This Agreement may be terminated by either party upon sixty
(60) days notice in writing to the other party.
IN WITNESS WHEREOF, the parties hereto have executed this
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Agreement the day and year last above written.
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WITNESSES:
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As to C,i
CITY OF CLEARWATER, FLORIDA,
acting by and through its City Commission
s="'~~ude;~~
f Gabriel Cazares, May, ... -Coriimissioner
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Karleen DeBlaker, C;ity Commissioner
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Marti)1, City Commis sjoner
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Darwin Frank, \.\2'ity Commissioner
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William Nunamaker, City Commissioner
STATE OF FLORIDA
DEPAR TMENT OF ADMINISTRA TION
DIVISION F ADMINISTRA TIVE HEARINGS
By
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