10/17/1975 - Special
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Proceedings of Civil Service Board meeting held October 17. 1975.
The Clearwater Civil Service Board met in special session on Thursday morning,
October 17, 1975 at 9:00 A.M. in the Civil Service Office. City Hall Annex.
Members present: Tom Chenoweth, Carroll NaIl. Joseph Verdi and Paul Hatchett
Visitors: Brian Johnson (Attorney), Larry Rose, Mayor Gabe Cazares, Ed Sulek
Chairman asked the Personnel Director to proceed with an explanation of the Agenda.
Director advised that in response to the Board's request for a ruling from the
Attorney General's office on the applicability of the Sunshine Law to our civil
service employee dismissal hearings. he had discussed this with Attorney
Stephen NaIl. Attorney NaIl had prepared a report outlining the findings on this
matter. That report, in the form of a memo from Attorney NaIl. was given to the
Board. Attorney NaIl commented that the passage of the Sunshine Law rendered that
portion of the personnel rules which provide for a closed hearing, invalid. The
opinion, shared by the Attorney General's office whom Mr. NaIl contacted, is documen-
ted in data previously provided in an opinion of the City Attorney as ~ell as a
Supreme Court case (Canney v. Board of Public Instruction of Alachua County. Florida).
Mr. Verdi moved that the report of the Board's attorney relative to the application
of the Sunshine Law to employee dismissal hearings be received and filed. Seconded
by Mr. Hatchett and motion passed unanimously.
Director advised Board that a copy of the Motion for Continuance and for Consolida-
tion from Mr. Garretson was in the material just provided to them. Attorney
Brian Johnson (standing in for Attorney Mosley who was unable to be present) advised
that a tremendous amount of documentary evidence surrounding the bills and invoices
that have become issues in the dismissal and the necessity to subpoena witnesses
and take depositions for further discovery was the basis for a request from
Mr. Garretson and Hr. Mosley for a continuance of six to eight weeks. He suggested
.the dates of November 24th of December 1st as acceptable dates. In further discussion
'he noted that,perhaps there was a possibility of combining the hearings of Mr. Stopher
and Hr. Garretson.
Attorney NaIl advised the Board that, pU~8uant to their prior decision to grant
Mr. Battle an extension of ,time in his hearing, he had received a written waiver and
con8~nt from M~. Battle's attorney who suggested November 17 as a ,hearing date.
Attorney NaIl then called Mr. Bustin, City Attorney. Upon return he advised the
Board that the City Attorney preferred November 10th for the Garretson hearing
but,would not object if the Board preferred December 1st. However. he would like
the hearings kept in their original order, i.e. Garretson, Stopher. Battle.
Mr. Verdi moved that Mr. Garretson's hearing:- be scheduled for December 1st.
Mr. Hatchett seconded the motion which carried unanimously.
Members diacussed the appropriateness of establishing a time limit for each session.
in the hearings. It was the consensus of the Board that three hours was a reasonable
time 11mi t.
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- 2 -
Civil Service Board Special Meeting
'October 17) 1975
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Mr. Hatchett asked if it would be possible to set a specific date for Mr. Battle's
hearing' at this meeting. Attorney Nall then called the office of Anthony Battaglia.
after which he advised the Board that December 8th was an acceptable date for
Mr. ,Battle. Mr. Verdi moved that the date of hearing for Mr. Battle be
December 8th. Seconded by Mr. Nall and motion carried'unanimously.
Mr. Verdi, asked that if another special meeting is, called. the Director put on
the Agenda the subject of the place of the hearings. Mr. Chenoweth asked that he
also list the'time.
Mr. Verdi moved the meeting be adjourned. Seconded by Mr. Hatchett. Meeting adjourned,
AllY D~~
H. M. Lau~
, Fereonnel Director & Secretary
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