RESPONDENT RESPONSE TO MOTION LIMITING THE ISSUES OF FACTS ON HEARINGS CASE NUMBER 89-3063
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RECIIVED
S'fATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AUG 15J9B9
CITY OF CLEARWATER,
Petitioner
CITY CLEEK
vs.
CASE NO. 89-3063
ROGER BRENNAN,
Respondent,
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RESPONDE~T RESPONSE TO
MOTION FOR LIMITING THE ISSUES OF FACTS ON THE HEARING
1. The City of Clearwaters request to limit the issue of
the hearing to whether there was just cause for descipline and
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whether the penalty was appropriate is unjust.
2. It is obvious that the assistant city attorney did not
read the charges against me or he would have realized that I was
charged with violations of Rule 14, Section 1, paragraph (b), (e)
and (k) of the Civil Service Rules and regulations of the City of
Clearwater.
a) Incompetency, inefficiency, offensive conduct and
language and insubordination, somehow does not equate
to a " Basic charge of a highly inappropriate
memorandum."
3. It is also obvious that the assistant city attorneys
attempt to intimidate me, by implying that the city would object
to any witness other than one concerning the direct issues contained
in the Notice of Suspension is uncalled for. The respondent realizes
that the assistant city attorney can object to anything he wants to,
however I do believe it is up to the Hearing Officer to determine
whether the objection has merit or not.
4. Therefore the respondent objects to the citys request to
limi t the number of subpoenas issued or to limi t the amounJ...of factua
issues presented.
6. The respondent has been charged with violating civil service
rule 14, section 1, paragraphs (b), (e) and (k). In that charge the
city has made (1) one/specification with (5) five specific items.
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It is the respondents request to address each and everyone of
those specific items in order to establish beyond a shadow of
a doubt that these charges are a frivolous attempt of retaliation.
It is therefore the respondents request that each and every subpoena
be issued and that no limit be placed on the factual issues presented
as long as they pertain to the specifics I have been charged with.
I HEREBY CERTIFY that a true copy hereof has been furnished
this I \ day of ~ ' 1989, to the following:
Donald D. Conn, Hearing Officer
Rita Garvey, Mayor of the City of Clearwater
William Nunamaker, City Commissioner
Richard Fitzgerald, City Commissioner
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Donald Winner, City Commissioner
Lee Regulski,City Commissioner
Ron Rabun, City Manager
eity ClerkS,t{)'if:ice ,Ciityr-:.I:t:nerll!
Miles Lance, Assistant City Attorney
~~.
Utilities Credit Manager.
12 Southwind Dr.
Belleair Bluffs, Florida 346
(813) 584-0775
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITY OF CLEARWATER,
Petitioner
vs.
CASE NO. 89-3063
ROGER BRENNAN,
Respondent.
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MOTION FOR LIMITING THE ISSUES OF FACT ON THE HEARING
Pet it ioner, CITY OF CLEARWATER, FLORIDA, moves that the factua 1
issues for the above hearing, be limited to the issues described in the Notice
of Suspension dated May A'; 1989, and further that the hearing be limited to the
ultimate issue of whether the disciplinary action was for just cause, and whether
the punishment of a five (5) day suspension is appropriate.
I HEREBY CERTIFY that a true copy hereof has been furnished this 9~
day of ~
, 191:2., to the following: Donald D. Conn, Hearing
Officer; Rita Garvey, Mayor of the City of Clearwater; William Nunamaker, Richard
Fitzgerald, Donald Winner and Lee Regulski, City Commissioners; Ron H. Rabun,
City Manager; City Clerk's Office of the City of Clearwater and Roger C. Brennan,
12 Southwind Dr., Belleair Bluffs, Florida 34640.
MilJ(j~/;.JJ ~/II~
Assistant City Attorney
P. O. Box 4748
Clearwater, Florida 34618
(813) 462-6760
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