12/31/1975 - Special
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Proceedings of Civil Service Banrd meeting held December 31J 1975.
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The Clearwater Civil Service Board met in Special Session on Wednesday afternoon,
December 31J 1975 at 3:00 P.M. in the Civil Service Office~ City Hall Annex.
Members present: Tom Chenoweth, Alex D. Finch, Joseph P. Verdi and Paul Hatchett
Chairman Chenoweth called meeting to order and asked the Director to proceed.
Director advised that he had received a Motion from the City at noon on Tuesday
requesting that the Board require Civil Service Board Member, Alex D. Finch~ to
recuse himself from the hearing to be held for the appeal of Max Battle. Since
Mr. Battle's hearing was scheduled to begin Monday morning at 9:00 A.M., Director felt
it appropriate to put the Motion before the Board prior to the scheduled hearing and
, thus called this Spoacial Meeting.
Mr. Anthony Battaglia, Attorney for Max Battle, stated that he had not yet received
the Motion filed by the City and only knew of it because the Director had advised him
as a matter of courtesy. HeJ thereforeJ offered a Motion in opposition to the City's
Motion and asked to be permitted to speak to both.
Mr. deVlaming advised the Board that he had been hired to represent the City Manager
in Mr. Battle's hearing.
Mr. Finch asked to speak before the Board before other parties discussed the documents
(which he received at 11:00 A.M. today). He objected to the hearing because of (1)
improper notice (2) taking exception to the "in re part of the Motion denominated to
, "~require Civil Service Board Member Alex D. Finch to recuse himself from the hearing
to be held in the appeal of Max BattleJ" and (3) because it is not clear upon what
,provision of the law or upon what authority the City's action is predicated. He asked
clarification of the documents and asked is this a move under the authority of the ActJ
,or under statutes that apply (citing 911.01; '38.10; 38.2).
Mr. deVlaming stated the Motion speaks for itself. He stated that the City is not asking
that Mr. Finch be removed from the Board under Div. 2, Section 5 of the Act, but that he
be recused for the purpose of Mr. Battle's hearing only. He related that it is the
,position of the Appointing Authority that the letter written by Mr. Finc~ (to the Mayor)
dated 9-29-75 in which allegations were made agairtst one of the interested parties
in the forthcoming hearing, the Appointing AuthoritYJ give rise to the denial of due
process on the part of the Appointing Authority. He further noted that the Act
(Section 22JDiv'w Z) specifies the Appointing Authority is an "interested party" who is
to be personally present when the hearing is held and that to have someone who has
'~preconceivednotions aa to himself, personally and professionally, would be tantamount
to'automatic denial of due process."
Mr. Battaglia noted for the record that the City should be estopped because of the lack
of acting properly and quickly. He related that the letter which the City now complains
about was written 9-29-75 and that the Board has been through One full session since
that time and that Mr.' Bat tie's hearing date was se t and re- se t several times. "For the
City now to come in and complain about this problem on the eve of our trial..." would be
ludicrous on the part of this Board to entertain. "If Mr. Alex Finch was biased and
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- 2 -
Civil Service Board Meeting (Special)
December 31) 1975
prejudiced, insofar as the City Manager is concerned, as of 9-29-75 as supported by the
affidavits, then he was biased and prejudiced on 11-5-75 and he was biased and
prejudiced on December 5) 1975 and he was biased and prejudiced on each of the dates that
our case was set....lI
,
After additional discussion, Mr. Stephen Nail advised the Board that, in his opinion)
Division 2, Section 5 is inapplicable for recusa1 and that there is no other provision
in the Rules or Act providing for the recusal of a Member. In the absence of any
specific procedure, he suggested that by analogy, the only proper procedure would be
that for the recusal of judges for bias and prejudice. He advised the Board that they
have no authority to recuse one of its members. If the requirements of law (Chapter 38)
were met, Mr. Finch might be required to recuse himself. He also noted that the alleged
acts of bias and prejudice have long been established and that a ruling that Mr. Finch
is biased and prejudiced would perhaps void the hearing already completed.
Mr. Finch advised Mr. NaIl that the Supreme Court has said that the procedure(for
disqualification of judges) outlined in 911.01, 38.110, 38.2 and all other statutes
had been replaced by the "motion practice of the rule under the rule itself."
Mr. Verdi moved that the Board receive the City's Motion and Mr. Battaglia's Motion.
Mr. Hatchett seconded the motion. During discussion, Mr. Battaglia asked to withdraw
his Motion. Motion was then amended to receive and file the City's Motion. After
continued discussion) a substitute motion was made by Mr. Hatchett and seconded by
,Mr. Verdi that the Board met and considered the City's Motion for recusal of Mr. Finch,
but that the procedure followed by the City's Attorney is deficient in form and
substance and the matter is not properly before the Board. Motion passed with Mr. Finch
abstaining. The Board then voted on the original motion (as amended), i.e. to receive
and file the City's Motion. The original motion (as amended) passed with Mr. Chenoweth
voting No and Mr. Finch abstaining.
Mr. Bryant, President of the I.A.F.F.) expressed objections to the manner in which
the Special Meeting was called affecting an employee-elected representative of the Board
who "has done an outstanding job."
Director advised the Board that Mr. Carroll NaIl, Sr. had been in today and asked him
to advise the Board that he was submitting his resignation effective immediately due
to health'and family reasons. Mr. Verdi also advised the Board that he would be
una~le' to be present during a great part of the next two weeks. After considerable
discussion among the Board and Mr. Battaglia regarding whether hearings should be held
when there is a vacancy on the Board, Mr. Verdi moved that we do not start Mr. Battle's
hearing on January 5 and that the Board's Attorney be directed to get all the
Attorneys together and try to come up with a new schedule. Second to th~ motion
, received from Mr. Hatchett and motion passed with Mr. Finch abstaining.
Mr. Hendrick Ooms, Civil Engineer, complained that the Director had refused to
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December 31, ,1975
Civil Service BonrdMeeting (Special),
to:give the contents of the Motion and Affidavits of the C~ty over the telephone when
,he called him the. night' prior to this meeting.
The're being no further businesB) meeting adjourned.
Respec.tfully
.l',
ell
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Approved: '
Secretary
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';~',01i~~&Uw~Lla, Chairman
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