HomeMy WebLinkAbout8/4/1993r r �
SPECIAL MEETING
Wednesday, August 4, 1993
The Board of County Commissioners of Indian River County,
Florida, met in Special Session at the County Commission Chambers,
1840 25th Street, Vero Beach, Florida, on Wednesday, August 4,
1993, at 9:00 o'clock A.M. Present were Richard N. Bird, Chairman;
John W. Tippin, Vice Chairman; Fran B. Adams; and Carolyn K.
Eggert. Commissioner Kenneth R. Macht was absent due to illness.
Also present were James E. Chandler, County Administrator; William
G. Collins, II, Deputy County Attorney; and Barbara Bonnah, Deputy
Clerk.
The Chairman called the meeting to order.
EMPLOYEE TERMINATION APPEAL - WILLIS E. NEWBOLD
The Chairman asked if Mr. Willis E. Newbold or his
representative were present this morning, and there was no
response.
Deputy County Attorney Will Collins advised that the County's
obligation to Mr. Newbold is that he have notice of this meeting
and an opportunity to be heard. Mr. Newbold was given notice of
the date and time of this appeal. In fact, when he called as
recently as July 26 inquiring about his unemployment benefits, he
was renotified or reminded of the time of this appeal hearing.
Having given him notice and an opportunity to be heard, Attorney
Collins didn't feel the Board has any obligation to continue the
hearing to some other date. He felt it would be appropriate, as a
matter of record, to just enter the set of attachments that include
the pre -termination notice to Mr. Newbold notifying him of the
charges against him, as well as post -termination documents.
ATTACHMENTS A THROUGH E ARE ON FILE IN THE
PERSONNEL OFFICE OF INDIAN RIVER COUNTY
Attorney Collins advised that a hearing was held on these
charges by Terry Pinto, Director of Utilities, who issued a
termination letter dated June 21, 1993, terminating Mr. Newbold for
being habitually late which is a Group II -13 offense under the
Indian River County Administrative Policy Manual. He was late more
than 3 times in a 90 -day period. He was terminated also for being
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absent without official permission or leave on one occasion which
is a Group II -6 offense. The termination by Director Pinto was
appealed by Mr. Newbold and another appeal hearing was heard before
the County Administrator at which time Mr. Newbold was allowed to
present his side of the story and witnesses were presented on
behalf of the County. On July 1, 1993, Administrator Chandler
upheld the termination for reasons of attendance and punctuality
problems. Subsequently, as he has a right under the code, Mr.
Newbold filed an appeal on July 8, 1993 to the County Commission.
This is that appeal hearing and as of 9:06 o'clock a.m., Mr.
Newbold has not appeared.
Attorney Collins felt it would suffice to enter the set of
attachments into the record unless the Board had other wishes.
In response to a question by Commissioner Adams, Attorney
Collins advised that after review of the letter written by
Administrator Chandler upholding termination, the Board could pass
a Motion to affirm that decision.
Administrator Chandler summarized the following termination
appeal letter dated July 1, 1993 (Attachment D):
July 1, 1993
Willis A. Newbold
4440 34th Court, Apmt. A,
Vero Beach, Florida 32967
Dear Mr. Newbold,
The following is my decision regarding your appeal of your
termination at the Solid Waste/Refuse Division. My decision is
based on the termination and appeal letters previously submitted,
information presented at the appeal meeting today, and my review of
your personnel folder.
According to your supervisors you were terminated for attendance
and punctuality problems. At the appeal meeting testimony
indicated that termination was considered 'in February, -1993 as a
result of unsatisfactory performance. Due partly to your longevity
with the County, you received a written warning and were placed on
probation for six months. You were warned also that any further
failure on your part to perform your duties would result in your
dismissal.
On April 26, 1993 you, received another written warning because of
tardiness on April 9 and April 17, 1993 and a day of absence from
work on April 24, 1993 which was not authorized. Mr. Brooks
testified that he personally warned you again that you would be
terminated if any further similar situations occurred. Less than
2 months later, you were late again. on June 5, 1993 and June 6,
1993.
E
Newbold -Page 2
The County has a responsibility to the public to provide service.
To meet that responsibility it is the duty of each employee to be
at work regularly and on time. The facts in your case substantiate
that, despite repeated warnings, you continued to not fulfill your
responsibility. I am sympathetic with your continuing
transportation problems. However, I am not convinced that your
performance would improve if I determined that you could return to
work.
Taking into consideration your past performance, I am of the
opinion that your termination was justified and therefore -deny your
appeal for reinstatement.
As provided for in unit AM -807.1 "DISCIPLINARY PROCEDURE" of the
Indian River County Administrative Policy, you have the right to
appeal this decision to the Board of County .Commissioners.
Very truly yours,
James E. Chandler
County Administrator
There being no further questions, Chairman Bird asked for a
Motion.
ON MOTION by Commissioner Eggert, SECONDED by
Commissioner Adams, the Board unanimously (4-0,
Commissioner Macht being absent) upheld the County's
termination of Mr. Willis E. Newbold.
There being no further business, on Motion duly made, seconded
and carried, the Board adjourned at 9:10 o'clock a.m.
ATTEST:
. K. Barton, Clerk Richard N. Bird, Chairman
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