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� s � <br />County. Therefore, <br />for the Personnel <br />"Regulations" are <br />letter as an appeal <br />a grievance under <br />Hallquist's rights <br />I have forwarded a <br />Attorney, and I suc <br />letter with their <br />to the appeal. <br />Sections 9 and 12 of the Rules and Regulations <br />Management System, hereinafter referred to as <br />relevant to this action. Please consider this <br />of the dismissal under said Regulations and as <br />the Administrative Policy Manual so that Mr. <br />to appeal this action shall not be jeopardized. <br />copy of this letter to Charles Vitunac, County <br />;gest that the County Administrator review this <br />tttorney prior to setting any hearings relating <br />The grounds for this appeal are as follows: <br />1. Mr. Hallquist was terminated by Pegi Wilkes, an <br />employee of the City of Vero Beach Recreation <br />Department. Mr. Hallquist is a County employee and <br />does not work under the supervision of City employees, <br />unless such employees are appointed to serve in <br />both positions. It is my understanding that Mrs. <br />Wilkes does not have any authority to enforce <br />disciplinary action against any County employee, <br />therefore the dismissal should be found null and void <br />and Mr. Hallquist should be reinstated to his previous <br />position. <br />2. Mr. Hallquist was suspended from his position prior <br />to dismissal. Under Section 12.05 of such Regulations, <br />suspended employees shall be notified by the supervisor <br />at the time of the suspension of the specific reasons <br />for the action. Such notification shall be in writing <br />dated and hand delivered or delivered by certified <br />mail to the employees last known address. By verbally <br />suspending Mr. Hallquist, the County violated Section <br />12.05 of the Regulations. Therefore, Mr. Hallquist's <br />suspension should be considered a nullity and Mr. <br />Hallquist's position and pay should remain in effect <br />until properly notified of the suspension in writing. <br />3. The County, or the applicable City officer, as the <br />case may be, has attempted to discharge Mr. Hallquist <br />from his position based upon alleged acts which were <br />"immoral, unlawful, improper or indecent" and for . <br />habitual use or abuse of controlled dangerous substances <br />or reporting for work while obviously under the <br />influence of alcohol or drugs. However, the County <br />has completely failed to present any substantive <br />evidence or testimony to establish a basis for such <br />charges. Therefore, Mr. Hallquist is entitled to a <br />hearing and the County should be required to produce <br />evidence and witnesses to substantiate such charges. <br />In the absence of such evidence, witnesses or testimony, <br />such charges should be dismissed and Mr. Hallquist <br />reinstated. <br />4. The County has failed to follow its own procedure for <br />dismissal as contained within Section 9.07 of the <br />Regulations. Section 9.07(D)(2) states that career <br />service employees who are to be dismissed because of <br />unsatisfactory performance "shall be notified in <br />writing of the specific causes for dismissal at least <br />five (5) working days prior to dismissal.. Such notice <br />will include the employee's right of appeal.." In taking <br />action against Mr. Hallquist, Mr. Hallquist was notified <br />letter dated September 21, 1992 that he was <br />7 <br />L_ FEB 31993 BOOK 88 PAGE 739 <br />