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Civil Service Board FAQs
Content
Civil Service Board Frequently Asked Questions
How do I file a grievance or appeal with the Civil Service Board?
In what instances is an employee prohibited from filing a grievance or appeal?
Do grievances and appeals have to be in writing?
I notified my superior, union rep, and/or Personnel that I wanted to appeal a disciplinary action or move my grievance to the final step and be heard by the Civil Service Board. Aren’t they responsible for making the request for a hearing on my behalf?
Is there a time limit for filing a grievance or appeal with the Civil Service Board?
What happens if I file my request for a hearing after the specified timeline?
How will I know when my hearing is scheduled?
I requested a grievance or disciplinary appeal hearing but was scheduled for a legal sufficiency hearing instead. Why?
What if I have a conflict with the date and time of my hearing?
Will I need to have an attorney to represent me at my Civil Service Board hearing?
How do I obtain documents for my hearing?
How do I get a subpoena issued for my hearing?
How do I prepare exhibits for my hearing?
I changed my mind and no longer want a hearing. What happens if I don’t show up?
Are hearings open to the general public?
Do all Board members need to be present for my hearing to take place?
Can public comments be made before the Board votes?
Can the Board modify or overturn a disciplinary action?
Do I have a right to appeal the decision of the Board?
Who do I contact if I still have questions?
Related Links
1. How do I file a grievance or appeal with the Civil Service Board?
You may file a grievance or appeal in one or more of the following ways:
By e-mail to the Board’s office staff. Contact information may be found on the
Civil Service Board Webpage
.
2. By U.S. first class mail, registered mail, certified mail, or the City’s interoffice mail system to the Civil Service Board; or
3. By hand delivery to the Civil Service Board’s physical address – 231 E. Forsyth Street, Suite 420, Jacksonville, FL 32202.
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2. In what instances is an employee prohibited from filing a grievance or appeal?
An employee cannot file a Civil Service grievance or appeal concerning a matter which is being considered under a collective bargaining agreement or the Public Employee Relations Commission. Once an employee has selected a forum for his/her appeal to be heard, he/she is bound by that decision and cannot seek to have it reheard in another forum. The election-of-remedies provision of Florida Statute Section 447.401 is hereby incorporated into these Rules and is binding on all employees. The filing or maintenance of a discrimination claim with a state or federal EEO agency shall not limit an employee’s Civil Service grievance or appeal rights. (CSPRR 9.01(5))
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3. Do grievances and appeals have to be in writing?
Yes, all grievances and appeals must be submitted in writing. Though no form is required, the office of the Civil Service Board has a
Hearing Request Form
available in fillable PDF format.
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4. I notified my superior, union rep, and/or Personnel that I wanted to appeal a disciplinary action or move my grievance to the final step and be heard by the Civil Service Board. Aren’t they responsible for making the request for a hearing on my behalf?
No. It is the employee’s or prospective employee’s responsibility to make the request for a Civil Service Board hearing.
For Disciplinary Action Appeals:
It shall be the duty and responsibility of the employee to inform the Board of the intention to appeal or not to appeal within five (5) working days after receiving the notice of the (CSPRR 9.05(2)(c))
For Non-Promotion-Related Grievances: Step 4.
To proceed with the grievance, the employee, within five (5) working days of receipt of the department or agency head’s written decision, shall file the grievance in writing with the Board. (CSPRR Addendum No.1.1.13)
For Promotion-Related Grievances: Step 2.
If the grievance is not resolved with the Head of Human Resources at Step 1, the employee, with five (5) working days of receipt of the Head of Human Resources’ written decision, shall file the grievance in writing with the Board. (CSPRR Addendum No.1 1.4)
Failure on the part of a supervisor, division head, department head, or the Head of Human Resources to respond within the time limit set forth in any (grievance) step shall entitle the employee to proceed to the next step within the specified time limit. (CSPRR Addendum No.1 1.5)
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5. Is there a time limit for filing a grievance or appeal with the Civil Service Board?
Yes.
Civil Service and Personnel Rules and Regulations (CSPRR)
specify filing time limits. Also, the
Civil Service Board Filing Timelines
provides detailed grievance steps and timelines in which to file an appeal for both grievances and disciplinary actions.
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6. What happens if I file my request for a hearing after the specified timeline?
Grievances
- A grievance not referred by the employee from one step to the next within the specified time limit shall be considered resolved on the basis of the employer’s last response unless such time limit is extended by written agreement of the employee and the employer. (CSPRR Addendum No.1 1.5)
Disciplinary Appeal
- Failure to notify the Board shall constitute a waiver of any further right to appeal and the action of the appointing authority shall be deemed sustained, effective as of the date of receipt of the written statement or as soon thereafter as possible. (CSPRR 9.05(3))
Appeal of Suspension without Pay
– An employee who fails to file timely notice with the Board shall waive any further right to appeal and the action of the appointing authority shall be deemed sustained effective as of the date of the original suspension. (CSPRR 9.05(5))
If a request for hearing appears untimely, the Board may schedule a Legal Sufficiency Hearing to determine whether the request should be dismissed. (CSPRR Addendum No.1 1.15, Addendum No.2 2.10)(see below)
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7. How will I know when my hearing is scheduled?
You will receive written notice of the time, date, and location of the scheduled hearing from the office of the Civil Service Board. If it has been made known that you are being represented by an attorney, the notice will be sent to your attorney.
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8. I requested a grievance or disciplinary appeal hearing but was scheduled for a legal sufficiency hearing instead. Why?
Prior to taking evidence on any grievance or disciplinary appeal, the Board Chair may test the legal sufficiency of the grievance or disciplinary appeal and may dismiss the grievance or disciplinary appeal if it is untimely filed, fails to sufficiently allege violations of Civil Service and Personnel Rules and Regulations or is otherwise dismissible as a matter of law. The Chair’s decision to dismiss a grievance or disciplinary appeal prior to a hearing on the merits may be overturned by a majority vote of the Board members present at the hearing. (CSPRR Addendum No.1 1.15, Addendum No.2 2.10)
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9. What if I have a conflict with the date and time of my hearing?
The Board Chair may exercise the discretion to grant a continuance of a hearing for good cause shown, or upon stipulation of both parties. Requests for continuances shall be made in writing. Except in cases of an emergency, requests for continuance should be made at least three (3) working days prior to the date of the hearing, and any requests for continuance
(related to immediate suspensions or dismissal hearings)
shall be in accordance with sections 9.05(6)(c) and (d). (CSPRR Addendum No.1 1.10, Addendum No.2 2.5)
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10.Will I need to have an attorney to represent me at my Civil Service Board hearing?
The employee makes the decision to represent themselves or be represented by an attorney licensed to practice law in the State of Florida.
The employee, at his/her election, may be represented by counsel. (CSPRR Addendum No.1 1.7, Addendum No.2 2.2)
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11. How do I obtain documents for my hearing?
The Board can issue subpoenas requiring the production of records (see below). You may also file a Public Records Request with the appropriate agency. For more information about filing a Public Records Request, click the appropriate link below:
City of Jacksonville’s Public Records Center
JEA’s Public Records Request
Duval County Public Schools Public Records
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12. How do I get a subpoena issued for my hearing?
Subpoenas requiring the attendance of witnesses or production of records at hearings shall be issued upon the written request of either party to the Board or the Board’s designee. Service of process and the furnishing of witness fees shall be the responsibility of the requesting party. Any request for subpoena shall be made at least ten (10) calendar days prior to the hearing date and shall state the name and address of the witness for whom the subpoena is to be issued and the date and time of the hearing for which the witness is to appear. (CSPRR Addendum No. 1 1.18, Addendum No.2 2.3)
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13. How do I prepare exhibits for my hearing?
If provided, complete the Prehearing Stipulation document in conjunction with the department or its counsel.
All exhibits must be clearly marked by bates stamp or numbered consecutively.
The completed prehearing stipulation document, if provided, must be submitted along with exhibits.
Each party shall deliver, unless otherwise stated, twelve (12) sets of the Prehearing Stipulation document and exhibits to the Board office at least 72 hours prior to the scheduled hearing for distribution to each Board member and opposing party upon receipt.
An electronic copy of all documents must also be provided at least 72 hours prior to the hearing.
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14. I changed my mind and no longer want a hearing. What happens if I don’t show up?
If you wish to withdraw your request for a hearing, it’s recommended that you notify the Board office staff as soon as possible before your scheduled hearing.
A grievant and/or employee who requests a hearing concerning his/her grievance or proposed disciplinary action, who subsequently decides to withdraw the request and waive his/her right to a hearing, shall notify the Board of such withdrawal prior to the scheduling hearing. (CSPRR Addendum No.1 1.11, Addendum No.2 2.6)
A grievant and/or employee who fails to appear at a hearing waives the right to the grievance or the appeal. (CSPRR Addendum No.1 1.12 & Addendum No.2 2.7)
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15. Are hearings open to the general public?
Yes. All hearings are open to the public. (CSPRR Addendum No.1 1.6 & Addendum No.2 2.1)
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16. Do all Board members need to be present for my hearing to take place?
No. Five (5) members of the Board shall constitute a quorum for the transaction of business. (CSPRR Addendum No.3 3.3)
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17. Can public comments be made before the Board votes?
Members of the public are given a reasonable opportunity to be heard on propositions before the Civil Service Board. However, public comments on items before the Board requiring the body to act in a quasi-judicial role will not be allowed. Individuals wishing to speak at the appropriate time are encouraged to notify the Board Office prior to the meeting. Individuals may seek recognition from the Board Chair when the Chair opens the floor for public comments. Each speaker shall state their full name for the records and their comments shall be limited to five (5) minutes. (CSPRR Addendum No.3 3.12)
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18. Can the Board modify or overturn a disciplinary action?
Yes. If the Board determines that the disciplinary action is inconsistent with personnel provisions, rules or regulations, or that it is manifestly unjust under the circumstances, it shall order the reduction or increase of disciplinary action or provide such other action as it deems appropriate. (CSPRR Addendum No.2 2.13)
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19. Do I have a right to appeal the decision of the Board?
Yes. The employee, at his/her election, may appeal the final decision of the Civil Service Board.
The judgements and findings of the civil service board shall be subject to review by the circuit court of the State of Florida having jurisdiction within Duval County. (City of Jacksonville Charter Article 17 Section 17.08 – Judicial review.)
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20. Who do I contact if I still have questions?
Although the Board and its staff cannot provide you with legal advice, you may contact the Civil Service Board’s office staff for general information regarding procedural matters and/or to find out the status of your appeal. Contact information may be found on the
Civil Service Board Webpage
.
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Related Links
Article 17 - Civil Service
About the Civil Service Board
Civil Service and Personnel Rules and Regulations (CSPRR)
Civil Service Board Filing Timelines
Hearing Request Form