CITYS RESPONSE TO MOTION FOR RESCHEDULING OF ADMINISTRATIVE HEARING AND REQUEST TO ISSUE
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OF CLEARWATER
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POST OFFICE BOX 4748
C LEA R W ATE R. F LOR IDA 3 4 6 1 8 - 4 7 4 8
Office of
City Attorney
(813) 462-6760
August 9, 1989
Donald D. Conn
Hearing Officer
Division of Administrative Hearings
The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
Re: City of Clearwater vs Roger Brennan
Dear Mr. Conn:
Enclosed is our Response to Roger Brennan's Motion for Rescheduling
of Administrative Hearing and request for the issuance of subpoenas.
Also enclosed is Motion by the City of Clearwater to limit the issues
at the hearing.
Very truly yours,
lJr;~a~
Miles A. Lance .
Assistant City Attorney
MAL:fs
enc.
copies: Attached list.
RECIIVED
AUG 9 19a~
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SERVICE LIST
Rita Garvey, Mayor
City of Clearwater
112 Osceola. Av.
Clearwater, Fl 34616
William Nunamaker, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Richard Fitzgerald, Commissioner
City of Clearwater
112 Osceola Av. .
Clearwater, Fl 34616'
Donald Winner, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Lee Regulski, Commissioner
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Ron Rabun, City Manager
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
Roger C. Brennan
12 Southwind Dr.
Belleair Bluffs, Florida
34640
cyndie Goudeau
City Clerk's Office
City of Clearwater
112 Osceola Av.
Clearwater, Fl 34616
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REC~IVED
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
AUG 9 1989
CITY OF CLEARWATER,
Petitioner,
i"'""""f'."l"l'V (~i 71l.,T
'-'" ... 1 1 _ _ "__'_4 ~_A- 'I..
vs.
CASE NO. 89-3063
ROGER BRENNAN,
Respondent.
/
CITY'S RESPONSE TO MOTION FOR RESCHEDULING
OF ADMINISTRATIVE HEARING AND REQUEST TO ISSUE SUBPORNAS
1. This case involves a five day suspension of Roger Brennan.
The basic charge is that he wrote a highly inappropriate memorandum dated March
30, 1989, all of which has been specified in the notice of suspension.
2. The City of Clearwater has no objection to a reasonably
convenient date for a hearing.
3. The City of Clearwater does object however to fifty-five (55)
subpoenas, since the only thing that needs or is permitted to be tried at the
hearing is the factual question of who authored the memorandum, unless it is
stipulated to as it should be, and whether the memorandum justifies the charges
against respondent Brennan and the discipline which was assessed. At most only
three or four witnesses should be necessary.
4. It is obvious that Mr. Brennan does not realize that the City
will object to any witness other than one concerning the direct issues contained
in the Notice of Suspension.
5. The City of Clearwater requests that the issue for the hearing
be limited to whether there was just cause for discipline and whether the penalty
was appropriate.
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day of
I HEREBY CERTIFY that a true copy hereof has been furnished this 7~
~~ ,1989, to the following: Donald D. Conn, Hearing Officer;
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Rita Garvey, Mayor of the City of Clearwater; William Nunamaker, Richard
Fitzgerald, Donald Winner and Lee Regulski, Commissioners of the City of
Clearwater; City Clerk for City of Clearwater; Ron H. Rabin, City Manager of the
City of Clearwater and Roger C. Brennan, 12 Southwind Drive, Belleair Bluffs,
Florida 34640.
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Mi1es A Lance ~
Assistant City Attorney
P. O. Box 4748
Clearwater, Florida 34618
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CITY OF CLEARWATER,
Petitioner
vs.
CASE NO. 89-3063
ROGER BRENNAN,
Respondent.
/
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 4, 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.
Mi IJ(j ~a!!! !:Ju./II ~
Assistant City Attorney
P. O. Box 4748
Clearwater, Florida 34618
(813) 462-6760
RECZIVED
AUG 9 1989
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