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08031988 PERC agn & mins CITY OF SANFORD • Local Option Public Employees Relations Commission P. O. Box 386 Sanford, Florida 32771 NOTICE OF P.E.R.C. MEETING Wednesday, August 3, 1988, 5:00 P.M. Utility Conference Room 2nd Floor, City Hall, Sanford, Florida A G E N D A 1. Introduction of the City Manager, Mr. Frank A. Faison and the new Personnel Director, Mr. Tim McCauley, to the P.E.R.C. members. 2. An up -to -date report of Veterans Laws. Post: City Manager Public & Employee Bullentin Boards Downstairs Lobby - City Hall Sanford Herald ADVICE TO THE PUBLIC: IF A PERSON DECIDES TO APPEAL A DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THE ABOVE MEETING OR HEARING, HE MAY NEED A VERBATIM RECORD OF THE PROCEEDINGS, INCLUDING THE TESTIMONY AND EVIDENCE, WHICH RECORD IS NOT PROVIDED BY THE CITY OF SANFORD. (FS 286.0105) MINUTES LOCAL OPTION P.E.R.C. AUGUST 3, 1988 5:00 P.M. UTILITY CONFERENCE ROOM, 2ND FLOOR CITY HALL Members Present: Garnett White, Chairman Howard Whelchel Charles Volk, Jr Shirley Schilke Tom McDonald Others Present: Mr. Faison - City of Sanford, City Manager Tim McCauley - Personnel Officer - City of Sanford Dottie Green - Attorney Brown's Office Althea Parrish - P.E.R.C. Clerk The meeting was called to order at 5:00 P.M. by Garnett White, Chairman. All members of the commission were present. Mr. White introduced Mr. Faison and Mr. McCauley to the P.E.R.C. Commission. The P.E.R.C. Board met to be brought up to date on the New 1988 State Veterans Preference Laws. This information is of interest to the P.E.R.C. Board. Mr. Faison told the Board of Mr. McCauley's professional background. After additional checking with Tallahassee, P.E.R.0 the Local Option P.E.R.C. does not have jurisdiction over the Veterans Preference Laws. Chairman White's first question directed to Attorney Brown's office was: "Does the new Veterans Preference Law come under the purview of the Local P.E.R.C.?" Next, Mr. McCauley explained the Veterans Preference Law. Chairman White's second question directed to Attorney Brown's office was: "Does the Local P.E.R.C. need to adopt the State P.E.R.C. rule in regards to the Veterans Preference Law ?" Further discussion was general deliberation on the Veterans Preference Law. Meeting was adjourned at 6:00 P.M. ' 0 July 11, 1988 MEMORANDUM TO: All Departments VIA: Director of Administrative Servic_© FROM: Tim McCauley Personnel Officer SUBJECT: Veterans Preference Law Under the provisions of the Veterans Preference Law as contained in Chapter 295 of the Florida Statutes, the Florida Department of Administration was authorized to create rules and regulations to administer the Veterans Preference Program. As of March 30, 1988, the final rules were approved and are now in effect. This memo is intended to give you a brief overview of what those rules require and of the City's obligation thereunder. The Veterans Preference Laws apply to individuals who fall within one of the following categories: 1. Honorably discharged, disabled Veteran, who has a service - connected compensable disability. 2. The spouse of a totally disabled Veteran, who because of this disability cannot qualify for employment. 3. The spouse of any person missing in action, captured in the line of duty or forcibly detained. 4. A Veteran of any war who served on active duty for 181 consecutive days or who has served 180 consecutive days since 1/31/55 if performed during a wartime era. 5. The unremarried widow or widower of a Veteran who died of a service - connected disability. In situations where a competitive exam is not used, the City shall hire a person entitled to Veterans Preference over other equally qualified applicants. Should there be 2 or more persons entitled to preference who are among the most qualified, a person in category 1, 2 or 3 would receive preference over persons who qualify under categories 4 or 5. Veterans Preference Law Page 2 Should the City choose to reassign, promote, or demote from within its existing pool of employees, the Veterans Preference need not be considered. However, if the job is posted to non - City employees (general public), the hiring department must consider the Veterans Preference status of applicants who apply. In every instance in which a person entitled to Veterans Preference meets the minimum job requirements, that person shall be granted an interview. If, during the interview - process, an applicant asserts the preference for the first time, the applicant should be referred to Personnel to fill out all appropriate documents. As long as the preference is asserted prior to a hiring decision having been made, that preference should be considered by the hiring department. Assertion of Vet- erans Preference shall in no way imply the negation of meeting minimum qualifications. This memo does not address all aspects of the Veterans Preference Law nor does it answer all questions that may arise, therefore, all Department Heads and hiring authorities are asked to attend a meeting on this subject scheduled for Thursday, July 14 at 10:00 A.M. in the City Commission Chambers. Since the City of Sanford is mandated to comply with the Law, it is advisable that all Departments be represented at this meeting and all concerns and questions be addressed. Your cooperation is appreciated. TMc /jis Distribution: All Departments (3b) 1 VETERAN'S PREFERENCE INFORMATION The City of Sanford, in accordance with Chapter 295 of the Florida Statutes dealing with Veteran's Preference, provides preference in employment and retention of those veterans who were honorably discharged or to the spouses of veterans who fall within the following categories: 1) Honorably discharged disabled Veteran who has a service - connected compensable disability; 2) The spouse of a totally disabled Veteran, who because of this disability cannot qualify for employment; 3) The spouse of any person missing in action, captured in the line of duty or forcibly detained; 4) A Veteran of any war who served on active duty for 181 consecutive days or who has served 180 consecutive days since 1/31/55 if performed during a wartime era. "Wartime era" includes: (a) Spanish - American War: April 21, 1898, to July 4, 1902, and including the Philippine Insurrection and the Boxer Rebellion; (b) Mexican Border Period: May 9, 1916, to April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto; (c) World War I: April 6, 1917, to November 11, 1918; extended to April 1, 1920, for those veterans who served in Russia; also extended through July 1, 1921, for those veterans who served after November 11, 1918, and before July 2, 1921, provided such veterans had at least 1 day of service between April 5, 1917, and November 12, 1918; (d) World War II: December 7, 1941, to December 31, 1946; (e) Korean Conflict: - June 27, 1950 to January 31, 1955; (f) Vietnam Era: August 5, 1964, to May 7, 1975. 5) The unremarried widow or widower of a Veteran who died of a service connected disability. Should Y ou qualify for the preference under any category and wish to assert it, please complete the attached sheet and return it to the Civil Service Office, Room 244 along with your application. If you qualify for the Veteran's Preference, the City will take the following steps to give you- special consideration with respect to your application: -1- (Over) f 1) If you meet the minimum job qualifications you will be one of the persons personally interviewed for the position. 2) For positions where a scored exam is the sole employment criteria, applicants qualifying under categories 1, 2 or 3, and passing the exam, shall be given a 10% increase in their score. If the applicant qualifies under categories 4 or 5 and passes the exam, 5% will be added to his or her passing score. 3) For other positions, the City shall give preference to and shall hire a person entitled to Veteran's Preference ahead of 'other equally qualified applicants. Should the position for which you are applying be filled by someone who does not qualify for Veteran's Preference and should you feel that proper consideration of the Veteran's Preference law has not been provided to you by the City or that the City has not complied with the Veteran's Preference rules, please notify the City of your concerns at the City of Sanford, Civil Service Office at (407) 322 -3161, extn. 207 or Room 244, Second Floor, City Hall. You also have the right to initiate an investigation by the Florida Division of Veteran's Affairs. You may do so by noti- fying the State of Florida, Department of Administration, Di- vision of Veteran's Affairs, 435 Carlton Building, Tallahassee, FL 32399 -1550 within 21 calendar days from the date you receive notice that you were not selected for the position. -2- APPLICATION FOR VETERAN'S PREFERENCE Applicants wishing to assert Veteran Preference in employment should complete this questionnaire and return it to the City of Sanford, Civil Service Office, along with a copy of their DD214 form or equivalent certification from the Veteran's Admini- stration and a completed employment application. I wish to assert Veteran's Preference in employment. I qualify under the following category: • CHECK THE CATEGORY WHICH APPLIES TO YOU 1) Honorably discharged disabled Veteran who has a service - connected compensable disability; 2) The spouse of a totally disabled Veteran, who because of this disability cannot qualify for employment; 3) The spouse of any person missing in action, captured in the line of duty or forcibly detained; 4) A Veteran of any war who served on active duty for 181 consecutive days or who has served 180 consecutive days since 1/31/55 if performed during a wartime era. (See definition on page 1.) 5) The unremarried widow or widower of a Veteran who died of a service connected disability. Please complete the following information: (Applicants as- serting a preference based on their spouse's service, should provide this information as it pertains to their spouse.) Service Entry Date Release Date Branch Veteran's Socity Security # Type of Discharge (attach DD214 or other certification) -3- I j (Over) Did or does the Veteran have a Veteran disability rating from the VA? YES NO If yes, is the present disability rating Less than 30% 30% or more Have you previously asserted a Veteran's Preference when ap- plying for any job after October 1, 1987? YES NO Have you received employment after October 1, 1987 as a result of asserting Veteran's Preference? YES NO I hereby certify that the information provided above is true and correct to the best of my knowledge. I understand that falsification of this information is a criminal violation and may subject me to prosecution and possible incarceration and /or fine and will result in my dismissal if employed. I have received notice of the appropriate procedures to follow in order to initiate an investigation into any non - compliance with the Veteran's Preference laws. APPLICANT'S SIGNATURE DATE CIVIL SERVICE OFFICE DATE -4- VO F 'l/v A - ' /v, a Weekly VOL 14. Ilia ..1 nDe 10. 117 ✓/' . :�+ h� c> - i uisssm 7's. ..•.,..ter uisa 1. 141x301 7'a iii_ (a1 Within 20 calendar days from the date the Division's ‚— _ - written invesugauve findmrs are received by the complainant • .,s OFPERSON ORIGINATING PROPOSED RULE: if the eomptum is found invalid. or (bl Within 70 wendar °Eva of the date the Division's • _Anthony written tnvesvgatrve fmdtngs are received by the complainant • AVE OF tiUYr;KVISOR ORpERSON WHO APPROVED ff the eompiaint is found valid. • ...Y_ PROPOSED RULE: John Shearer. assistant Secretary 141 An appeal snap contain the name. asailin address � RULE APPROVED: May 5, 1968 and telephone number, if ano•, of the complainant and that - person's representative; the name, mailin ad °Tess and teiennone number of the representative of the agency against DE L py "IMPARTMENT OF AND -whom tne appeal has been filed; .a co of •the Division of LOYMENT SECURITY Veterans Afiairs' investigative findings: a• statement when -'�•pnblicimployees Relations Commission those findings or the proposed acLion letter. if am`, was reeeeved 21.1:TLE CHAPTER'TITLE: RULE NOS.: by the complainant: and a statement that a copy of the appeal --y ins Preference Appeal Procedure • 38D•25.001 -.011 has been sent to.tne representative of the agency against whom 17RPOSE AND EFFECT :The proposed new ride chapter the appeal is filed. tar of procaciuralrules necessary to implement the b th. wrt•eritv 44i.to1ni rs. i_. ►'.r•••••o•ied 21/6.11,46.2 7 447.108 rs. w.'.••— • DOmmiasion mew responsibilities in conducting public '= :hearmgasn veterans pr eference.appsals. *38D•25.002 Processing of Appeal. - -- �Y :"Theproposedrule rhapternotffies the of (11 upon receipt of an appeal. the Grmmiasion will issue : jrr a tare ich -will govern the filing:andprocessing of • a prehearmy order acknowiedaing receipt of the appeal and • .� _ - _ • Qence; appeals. reoutnng tne complainant. and .the agency to provide the • -r ULEMAEING AUTHORITY:.Section•447.207W Florida Commission and each other with the following iniormtioa: .�ti_...tes tat Those of the Division's- ?ritten'tnvestigative - 1 • WV MPIMI ENTED: •Sectionr447.207(1). Section:29511 . _findings 'which -are 'disputed as untrue - , inaccurate •or Ai 1•4,T'loridaLtaulus sncompiete.:and - - s ... • ' Y :OF 'THE ESTIMATE :OF ECONOMIC •( b1, A-: briefmtatement wbv -part ds:disputed -and - • • -ii - • ACT - :OF M•UI+E: =nese -are - procedural - rules • Acl - The issues to be idecided.•and . • _ _.,- : n)owaappeais -'will ;be sed•'Taey' avemto - -_. : -- r(d)�nemamesand�ddreasessof hose sons=o -be t " - _....... - .. ItherIlanthemsual -cos tsxasociated= with '= witnesses.- excest-reitutraiwftaessesrwithaeratement_ - - P -rule rirrpticirproc essstaelf. ance=be :Comm , issionJaas - whethersubpoenas�re eoua ed.�nd :.. •• .. so: bearan pp i9 •asaisiovolvmSvstersnspretamce • _ i elm• staum v3 entiromthearreneisting s-roommumber." -- - - • . • ; "'- �bere'El3)emto�pactma�aZlair''- ~.- maamevf. buildingandaodressofsmeeting •roomwitha -seating= - _ �- osit :ravactv.ofatieast1w5-h� ichay.De u zo sed-holdthe.hearsng -- - _ +ss tgl 'QESZ'ED/CrIT�2I�AYSOFT��ATE - OF • dnthe .iocal-srea.df:oneis.avaiiabie. - . rY:a NOTICE, A AR G 7.�E BEID AT i3 :L2) All carts :of -the Division's -w .Y ritten 7investigatave - • .1 •s ATE .') AND ,ACE :SHOWN33ELOW: ' - findin irs'whichz'e - not disputed beaccented s +FYI TDMA'I'L' ::00. ,.:inly T.i,1988 e , • « �io°sn. tive'Cente:,T.586 — (31 to the -m ehearing -order nest be _ ..._,;� �"ER.CHearmg roger -- — -rehearing ,-,... • .• Mrive, Mirner $uilaing.'T llab ssee 7i a • • • -mailed or oelivered to each other.and the Commission-within :s -al't's TEBSONTOBE CONTAL.1.11)REGAEDING :Thin) ten calendar daps trcrm the hate -of issuanca of thenrehearinr ••1: DPOSED .3iIII,1 AND ECONOMIC IMPACT - 07' • • - - • «.11 Y ,.air 3$ IIheatba:m.�egaso Geaesal C°Qaeel+ .. -•(4)_Sanetions 1or>`ailure to comp ) v -with this , ogees ams (; ��566 Sengate�sive b e i mtrose d - pnr s uan to Rule MD-it-001(21. ( 21. p0, - it.h as see' da=2399.2171 7 . ._ - -- — ..(5) The-prehearinr order -will motifathe parties -of the - - I learingi�e .�datean dgeneral.locationzn.the ent bearing : - • 7' -._s ]�IJIL i.t.XI':�OF'TSETR.OPOSEDIVII..ES Ala' � aeeessa r s : a�uumentaf t a O 'te e h ea r ing tn e i egal - _ �ytnontv�ad �tsisdiwon unber�vhich ne he mg s3seld :a =8D•255)01'Filinr of Appeal. - .:: ` - _ . _ -reierenceto the • 3 art5cniarsections of -the -statutes .and -rules • - - Ill A-written -veterans -Drefereneestmeal -map bellied involved :.ands statement -of the issues. - - - • - - -Person • leatapiainant ) specified in Section 295.07.FS • •1 611, -conv.of this-rule -chapter will be nrovidedto - the • • • tbatthe State or.a-political subdivision of the' State •parties.aiong- 'ith the rvrehearing order. • genev)aasvioiated Sections 295.07._OE..085,.). or _09(1kalor • '(7) The Commission will 'review the - anneal and i.1.7_S. • -. - -responses tt- the nrenearmr •order to =sake :a :preliminm - - • 12) _Am =meal trutv not be tiled•3intil the Division of 0etermmation whether there is-reasonable cause to behevetnat I • •st t r ans Affairs -Pass -ccompleted an investigation -of the it has jurisdiction. 11 so, it Twill issue an order that •stecibes -, •• , fi the-room address of the bearing-and informs the parties that • C3 )Anv.apneal nust b received -bv•the Commission: • • the only -oocuments sutomaticaly an the Tecord for Y . .. 1'127 . • y — - Vol. J4.'No. . J ®e 10.7968 :' F�oeida �l�tllriv 41117:111' • rwith ��a =��. b =e time .. I'L) If the emir.' tails x to apDea �' . tiv the hearin - officer c--the�eDOrt -of y , the neann off +ee? _'!ill - -ration -"� Vete Ala =' �_ =e of the seneou►ed start of the near_ l the 1. e and -62:11 Tssue -a and t e-respo -responses U the of_�_� c�, the retard without taken f--- :which the _ nea m •eer. •wustlnln the a_P -p ---- -- and tneTesoon - to the - recommended o-roer 181 Appeals Goo_rdsnaw1 will use a su . - the ComTn +se+on �-- elv exceptions have peen filed. er aescnoeo m (�On17Tllaa+on •pill adopt unless t1m •.pith the oro am• ucn e xceptions , _ne _d ov the parties elm — in Tew +ewla y _ prevent manifest 1n7u_ -lion y �o7, IfTtoe r LAC apD6A1 only to rs. 14.1.-. - •re instate --- -- - ,[7207, uT20s - .--- 1 lOml .,u7 ml r, v� +� !45.11' — w .._TS17n11FS. L- i��hc A�� al Tne armies, an a t h e 6tit_ e�� Beach other sg¢ g Scope of the Iyearin viol s 111 T cv an t complainant statem lie m the office of the Commis s . a- � ---��' (11 Tne com nt has roen of the ou Drnvin a •wnere of Semen 285 .M ut seven calendar oafs in ao_va_� of henna llst a•� 1 Tne neaten shall be limited to the dis D� a issues , 'eer -re c it esses to •oe caUec •at henna . -and - -� ad cornpi pas. .of is a nd l ioentif+eo∎or reas l� i_02_ ed b --v-t'nee parue`J aaarT. reou - _ posed -for tailVreto eom plv-�vith this ns -- to the are nr oroersnd tne apneel itself. - nDOSed �crsuant to • Rule 38D 4 f31 Tne comalainant w u susl►v present r _ l4S11.��� 1V6 u7�Q1•�7.1�! TS. Ham•- • 447 10'1111TS. 1.�v Iw j�72ff1tt176 �- 6wAla __— — i � A Krrfi. . — l+rabilft of Rule Chapter 18D -114 to 3&D_5_D g8D- 25_Om APPS_ .- . ( • tl is led n Abe -cunt• uanc Is-re nested • by tt he mtasion•eonsiderauon of consolidat1on of veterans ed�ln►esc- a•eontnu�?sTeouesud • by the -N.; eteranC� elerenee Appeals. Ftu1e Ch�apte7- 38�f panes - •- • app^° *1 - fie _ • --.- �__ 1nlaSllant �_ V and • B ___ aS. -where -the-narties have mot identified .a � oeo oe aucc+ e�'v I211n cases — �Ledzssneoi tact �DT� °at'+'eementofthe�as' .atnearm ion of hearts 71ar•� i � ec ordtile neerm =aunt= .et A �eww+ �•1 7 Q�' 1 . �� 1+7 - - • g1The Cam° zranazript M +csc:,,u7so T .a.�" '"" ; k 6•d mans' _ . _ — °: _ �of�ivle"Cbapter rctiaae-it tae-court-reporter. . , �SI��'S�1m :1l�plicab lc° : — - ��. • �xul- `rr2m'�rr�e_ +^n^ _ - leterans -Preference .Ay Deats. • - order - - - • • U.) ldter nssuance 4toi -the -recomms on l -e r •35 c r .1 -- - entation�t�eartnl_• `- •= •- vete:rans'preieren peal. :the Cow? g1} 5 OmS�tepT es e n: , - motions ... ( 1lA eomotmant 'ma 7 ms eII. � self at hearm �av �ce non a sand1rriefs .Teouestsfor•pra)��-- ---� -- - Intl ?ivialon:afZ'et�Tans�_fta�s. ��aSiOerationvursuanttoRule Cnapter38 _ zepresenteo Y7vtouasel.• _ • _ . D. aa? person �ute8I�2:_0 -trust: 121 .121._- represented •t+v- counselar�vainv_ _t2)Ifeithertartvfiles exeeptionswti,e 2leariaraffieer's 1I)- - ofiac one certified core of the ofofficial t i mr emvi ovee•ofS /es.i en • • • . .,s7soevs-s+.• ree must .:be'aroviaed to the • �,..,� l.� - • u7 m7.� t •of- ,.- n ez-ul _ � m r Commission h the exceptions or the-exceptionswiii c¢25 mm6 Coatinaanee of $earinr. • ' - 'n_t ne -cans_ 1 and mrZele DCic t3l tner�art exceptioas zo aTeca Oed. 1 ! Tnexcfm�tsmanLmssF�le x•Wrstten without a lmuL____ -, Ong - -- v e. I e �eancln --- -of - aavitn or ootioaxo>9ea- sehednied i►earin af� eerde_'s �- csspt of xhe -enure s�� : _ ton �r tle offaesal� ..s7soa�s s _ - T7a- - 7.zs. : -tbe tiate•�nf �ta�a1Q•nt'�y a -:- : - — . 1 " - t�e^t'11 ...-: 2�E5 nenzt�e°paricays�efor �=° rs.Bn+e^ -+•. — ' -=..- . • - .ra rated• on}vzo - reventtnanifestaniu - a a v rocedure�If the 1On r . - ..S21Axagenes'anavmo�e _ continue .he�+e g¢25011?iack Te it • spell -be -- - " theappeal es =naL_uac=-Dav'u -atin trig _ . :s , e ol�t�deteT'n --- �""�'�� a-.oac':3D�aysttcrm _aveZO continue .• . - ed __-_ tu 38D� mlm r�vta inanL sta oso. A aa>'encv'm n _ Pete-mined - =ssll rtoeTS.�+�•• -' -eve - _one 30'nav limit-pursuant= -- � nbaectlor.: 41,zrrnn TS. i.- m+ " vearm _- 1aS1: X .a tt S0 6FS Hst a- H J,�tAS s °,, ...w� - �•. .. _.. .�_ - NAN E OF HERS ON ORIGINAfiINGTROPOS D - atTSeazan attiimare C�.o„.t,R �emes v+'.:f loan Sloane . �_. Thai ne••�a'. unantfs�tsZ°appear-within aTeasonaD)e � 3 'Pooie..Commissioners . of the •hearm .tne reannr r s.ominiOR nets • T i0 ApPROV" =De of the seheon_ wi -- ___ _ _ el MaWHO RO'S a -will close ___ _ __ a-with - evloenee and will �4s>� � PROPOSED �L"1• Micha :recor�eaded order of dismissrJwhlco the Commisslon� ct, Poole_ Commissioners aaoaty efv exceptions ss oa Te peal DATE p R 1 PPRO' ZD € X985 o r s o mrev manifest a Comml — only to �revn: maw e5t Innis =136 PUBLIC EMPLOYEES RELATIONS COMMISSION OFFIC_ LOCATION: :3AILINC :D2RESS: 2586 Seagate Drive P. 0. Box 5138 Turner Building, Suite 100 Tallahassee, FL 32314 -3158 Tallahassee, FL 32399 -2171 Suncom - 278 -8641 904/488 -8641 • • Complainant, Case No. • • v. • Respondent, • RESPONDENT'S RESPONSE TO PREHEARING ORDER _ - I. Name and telephone number of person completing response: 2_ Person who should be _contacted as representative of the respondent_ NAME: ADDRESS: TELEPEONE I: 2s - this person an attorney? - - 3_ Name and work or home addresses of all witnesses you plan to c I ] at hearing: (a subpoena swill be provided to you for each for who you request a subpoena) DO YOU REQUIRE A SUBPOENA FOR THIS PERSON? NAME ADDRESS YES /NO (Attach additional page if necessary) 4. Name and address of custodian or person in possession of records or exhibits for which you require subpoena for hearing. Include a specific description cf the records or exhibits you require. DESCRIPTION OF 177 ADDRESS RECORD OR EXHIBIT • 5. Estimate of time necessary to present your case: 6. A room number, name of building and address of a meeting room, if one is available, with a seating capacity of at least 15 which may be used to hold the hearing in the local area. 7- please provide (attach .another sheet if necessary) a statement of; (a) those parts of the Division's written investigative _ _ findings which you dispute as untrue, inaccurate or - incomplete, - - • • (b) a brief statement .why -each par t is .disputed, and (c) the issues to be decided_ • certify that the original and a copy of this Prehearing Response has been (check one) nailed or delivered to the Commission and a copy Wailed or delivered to the complainant. • Printed or Typed Name of Representative DATE (mailed or oelivered) SIGNATURE + STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION • Complainant, Case No. v. PREHEARING ORDER • • Respondent. • Per curiam. On filed a veterans preference complaint with the Commission against . A copy of the complaint is being forwarded to the respondent with this order. Pursuant to Section 295.11, Florida Statutes, the Commission orders the complainant and the respondent to provide the Commission and each other with a copy of the attached form with the following information: - - (a) Those parts of the Division's written investigative findings which are disputed as untrue, inaccurate or incomplete, (b) A brief statement why each part is disputed, (c) The issues to be decided, and (d) The names and addresses of those persons to be called as witnesses, except rebuttal witnesses,' with a statement whether subpoenas are required. If outside Leon County, the Respondent shall also list a room number, name of building and address of a meeting room, if one is available, with a seating capacity of at least 15 which may be used to hold the hearing in the local area. • The responses from the parties must be received by the Commission within 10 calendar days from the date of the issuance 'Either party may notify the other party and the Commission in the prehearing statement that additional witnesses will testify. However, parties are encouraged to provide the names of those witnesses they know will testify now, particularly if subpoenas are needed. of this prehearing order. At that time, the Commission will determine whether there is reasonable cause to believe that it has jurisdiction of this complaint. If the Commission determines it does have jurisdiction, a hearing will be held . This will be a formal administrative hearing pursuant to Chapter 120, Florida Statutes, and the Commission's procedural rules, found at Florida Administrative Code Chapter 38D, to present evidence to a hearing officer who will make a recommendation whether Sections 295.07, .0S, .085, .091(1)(a) or (b) have been violated. A formal notice of hearing will be sent at a later date, along with any requested subpoenas specifying the address, time and exact date of hearing. The hearing will be held in the city where the employer is located, or may be conducted by telephone with the agreement of the parties. Before any motion, including a notion seeking a telephone hearing, may be filed the moving party must contact the opposing party, or make reasonable effort to do so, and indicate in the motion the opposing party's concurrence or disagreement with-the motion, or that the opposing party could not be contacted. Telephone requests for subpoenas will not be honored. A party may object where the opposing party calls a witness to testify at hearing whose name and address have not been provided to the objecting party in advance of hearing on the enclosed form or in the prehearing statement as required by the Commission's rules. All parts of the Division's written investigative findings which are not disputed by either party will be accepted as true. It is so ordered. MATTIMORE, Chairman, SLOAN and POOLE, Commissioners, concur., I HEREBY CERTIFY that this document was filed and a copy served on each party on , 1988. BY: , Clerk For information purposes a copy of the Commission's proposed rule is attached. (NOTE: These rules have not been finalized.) • STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION Complainant, Case No. v. COMPLAINANT'S PREHEARING STATEMENT Respondent. • • You are required to give a prehearing statement to the representa- tive of the Respondent and file a copy with the Commission at least seven days before the hearing. You may use this form to provide the information required to be in the statement. 1. List any additional witnesses whose names have not previously been provided (except rebuttal witnesses) and indicate whether you need a subpoena for each witness. If you have already listed all your witnesses, you should mark "none' on the form. [Use another sheet if necessary] SUBPOENA FAME ADDRESS YES /NO 2. Briefly describe the relief you seek (what you want the Commission to order the Respondent to do). • 3. Give a grief statement explaining why your complaint should be sustained. 4. I certify that a copy of this prehearing statement has been (check one) mailed or delivered to the Respondent and the original and one copy mailed or delivered to PERC. • .YOUR NAME (print or type) DATE (mailed or delivered) SIGNATURE • • STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION • •i Complainant, Case No. • v. JJOTICE OF HEARING • Respondent. • READ THIS CAREFULLY 1. After a preliminary investigation, the Commission finds reasonable cause to believe that it has jurisdiction of this complaint pursuant to Sections 447.207 and 295.11, Florida Statutes. Pursuant to the procedure established by Sections 447.208 and 447.503(4) and (5), Florida Statutes, and the Commission Rules, which can be found at Florida Administrative Code Chapter 38D, an evidentiary hearing will be conducted on the issues raised by the filing of this complaint. The hearing in this case is scheduled for , at , in before Hearing Officer . You must be prepared to present all of your evidence at that time unless a continuance is granted pursuant to the Commission's rules. If • . .• the Complainant fails to appear, the hearing officer will recommend that the complaint be dismissed. If the Respondent fails to appear, the hearing officer will recommend that the complaint be sustained. . If additional hearing time is necessary, your hearing will continue on . You must be prepared for this possibility. • 2. All parties are advised to read Sections 447.207, .208, .503 and Chapter 295, Florida Statutes. The parties are directed to review and become familiar with the Commission Rules Chapters 38D -13, General Procedures; 38D -14, Evidentiary Hearing Procedures; • 38D -15, Procedure before the Commission and the proposed rule Chapter 38D -25 previously provided. 3. The Respondent is ordered to have available at hearing the Complainant's application or official personnel file, if-any. The Respondent shall make those files available for review by the Complainant, upon request, prior to the hearing. A, 4. An original and 2 copies of any document to be introduced )I as evidence must be provided at the hearing. Also, the Complainant � should be ready at the beginning of the hearing to identify those eV facts asserted in the pre - determination notice (if any) and D , notice of final action which the Complainant disputes. 5. Each party is responsible for providing his or her own interpreter in those cases where an interpreter is needed. 6. The hearing in this case will be recorded by a court reporter retained by the Commission who will make the only official recording of the entire hearing. The Commission will not provide a transcript of the hearing to the parties. However, a party desiring a transcript may order an original transcript directly from the court reporter. Financial arrangements to obtain a transcript must be made by each party. The Commission will not consider exceptions to a hearing officer's recommended 1 . 1 • • findings of fact unless the party excepting to the recommended findings of fact provides a transcript of the entire hearing so that the Commission can determine whether the record supports the challenged findings. However, a party may except to the hearing officer's analysis of the facts or recommended conclusions of law without filing a transcript of the entire hearing. 7. IF THE COMPLAINANT FAILS TO APPEAR WITHIN A REASONABLE TIME OF THE SCHEDULED START OF THE HEARING ON HIS COMPLAINT, THE HEARING OFFICER WILL CLOSE THE RECORD WITHOUT TAKING EVIDENCE AND WILL ISSUE A RECOMMENDED ORDER OF DISMISSAL WHICH THE COMMISSION WILL ADOPT UNLESS TIMELY EXCEPTIONS HAVE BEEN FILED. IN REVIEWING ANY SUCH EXCEPTIONS, THE COMMISSION WILL REINSTATE THE COMPLAINT ONLY TO PREVENT MANIFEST INJUSTICE. 1 8. The Complainant and the Respondent shall file a prehearing statement and give a copy to the opposing party at least seven days before the hearing identifying any witnesses to be called at hearing (except rebuttal witnesses) who were not previously listed. Also, the Complainant must briefly state why the complaint should be sustained and what relief the Complainant seeks. You may use the enclosed form for your prehearing statement. 9. IF YOU HAVE ANY QUESTIONS CONCERNING THE HEARING OR COMMISSION PROCEDURE, CONTACT THE APPEALS COORDINATOR AT (904) • 488 -8641, OR WRITE TO THE COMMISSION AT 2586 SEAGATE DRIVE, SUITE 100, TALLAHASSEE, FLORIDA 32399 -2171. It is so ordered. • MATTIMORE, Chairman, SLOAN and POOLE, Commissioners, concur. I- HEREBY CERTIFY that this document was filed and a copy served on each party on , • -1 988. . • BY: Clerk • • • 2 PUBLIC IMPLOYEES RELATIONS COMMISSION OFFICE LOCATION: MAILING ADDRESS: 2586 Seagate Drive P. 0. Box 5138 Turner Building, Suite 100 Tallahassee, FL 32314 -3158 Tallahassee, FL 32399 -2171 Suncom - 278 -8641 904/488 -8641 Complainant, • Case No. • v. • • Respondent. . COMPLAINANT'S RESPONSE TO ?REHEARING ORDER 1 Telephone number where you can be reached 8 a.m. - 5 p.m., Monday- Friday: • Z_ Will you be 2-epresented .by legal counsel? Yes No 11 yes, "Jive attorney Tame, zddress and - telephone number_ • 4_ Name, address and telephone mumber of any other representa- tive who will assist you at hearing • 5.. Name and work or home address of all witnesses you plan - to • - call at hearing (subpoenas will be provided to you for each witness for who you request a subpoena): DO YOU REQUIRE A SUBPOENA FOR THIS PERSON? 17A*lE' ADDRESS YES /NO • 6. Name and•work address of custodian or person in possession of records or exhibits for which you: require a subpoena for hearing. Include a specific description of the recoras or exhibits you require. DESCRIPTION OF PANE ADDRESS RECORD OR EXHIBIT ZF YOU HAVE REQUESTED A SUBPOENA THE COMMISSION WILL PREPARE THE SUBPOENA AND MAIL IT TO YOU. HOWEVER, IT IS YOUR RESPONSIBILITY TO HAVE IT SERVED ON THE WITNESS. 7. Estimate of time necessary to present your case: 8.. Please provide (attach another sheet if necessary) a statement of: (a) 'those parts mf the Division's written investigative windings which you dispute as untrue, inaccurate or incomplete, (b) a brief explanation why each part is disputed, and (c) the issues to be decided. Enclosed is a copy of pertinent portions of the Commission's [proposed] rules. Read them carefully. If you have any ques- tions, contact the Commission at the above address or call 904/488 -8641 and ask to speak to the Appeals Coordinator. I certify that the original and a copy of this Prehearing Response has been (check one) mailed or to the Commission and a copy mailed or delivered to the respondent. Your Name (Printed or Typed) DATE (mailed or delivered) SIGNATURE • STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION • 2586 Seagate Drive Turner Building; Suite 100 Tallahassee, Florida 32399 -2131 904/488 -8641 • Complainant, Case No. v. RESPONDENT'S PREHEARING STATEMENT Respondent. You are required to P a rovide prehearing statement to the Commission P and the complainant at least seven days before the hearing. > f List any additional witnesses whose names have not previously been provided (except rebuttal witnesses) and indicate whether you need a subpoena for each witness. If you have already listed all your witnesses you should mark "none' on the form.. [Use back of this sheet if necessary] SUBPOENA NAME ADDRESS YES /NO • Do you contest the timeliness of this complaint? yes no FAILURE TO CONTEST THE TIMELINESS OF THE COMPLAINT AT LEAST SEVEN DAYS PRIOR TO THE HEARING WILL BE CONSTRUED AS A WAIVER OF THAT ISSUE. I certify that a copy of this prehearing statement has been [check one) mailed or delivered to the complainant or the complainant's representative and the original and one copy mailed or delivered to . ER P C YOUR NAME (print or type) DATE (mailed or delivered) SIGNATURE 7 . STATE OF FLORIDA PUBLIC EMPLOYEES RELATIONS COMMISSION • CASE NO. • SUBPOENA • (DUCES TECUM)' • • V. • • • • • • TO: (Name) (Address) YOU ARE COMMANDED to appear before: at the following date, time and place. DATE: TIME: PLACE: YOU ARE SUBPOENAED to testify in this case now pending before the Public Employees Relations Commission. If you fail to appear, you may be cited for contempt pursuant to Section 447.207(3), Florida Statutes. YOU ARE FURTHER COMMANDED to have with you, at that time and place, the following: • • WITNESS my hand and the seal of the Commission on this day of 19 . • PUBLIC EMPLOYEES RELATIONS COMMISSION BY: • Clerk • • • Inquiries regarding your obligations under this subpoena may be directed to PUBLIC EMPLOYEES RELATIONS COMMISSION 2586 Seagate Drive, Suite 100 • Tallahassee, Florida 32399.2171 Subpoena requested by • if witness is required to produce document(s) or other tangible evidence. PERC Form 18 1 n•.. 10/661 1 716 •