§ 54-41. Public proceedings; confidentiality; records; communications to member of career service appeal board; finding of cause.

(a)

The proceedings of the career service appeal board under this article, including deliberations, shall be public.

(b)

Nothing in this article shall be construed to make available any attorney work product as provided by F.S. § 119.07(3)(o), confidential matters provided by F.S. § 112.533 or any other record or matter exempted or privileged by law. All other papers filed in the case shall be public records. The board shall tape, record or otherwise preserve all proceedings before it. Nothing shall prohibit the use of a tape recorder by any person present or the use of a court reporter at any proceedings; however, the cost of attendance by such reporter shall be borne by the party requesting the reporter.

(c)

A member of the career service appeal board who is involved in the decisional process and who receives ex parte communication shall place on the record of the pending matter all written communications received, all written responses to such communications and a memorandum stating the substance of all oral communications received and all oral responses made and shall also advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be allowed to do so, if such party requests the opportunity for rebuttal within ten days after notice of such communication. For the purpose of this subsection, ex parte communication is defined as set forth in F.S. § 120.66(1).

(d)

The finding of cause by the career service appeal board shall be based exclusively on the record evidence before the board. An employee's failure to appear at the scheduled board hearing without just cause shall constitute an abandonment of his privilege of appeal which shall result in a decision of the board to sustain the sheriff's disciplinary action. The failure of the office of sheriff to appear, without just cause, shall result in a board decision not to sustain the sheriff's disciplinary action. If this occurs, however, the employee is still required to provide evidence that he is entitled to specific back-pay relief as provided for in this article.

(Code 1970, § 15½-27; Ord. No. 90-12, § 7, 9-25-90)