Conduct of grievance committee hearing.
Cape Coral Code of Ordinances § 2-33.10
in effect§ 2-33.10 - Conduct of grievance committee hearing.
(a) The Chairperson shall conduct the hearing and make evidentiary rulings.
(b) Either party may bring an attorney to assist or advise him or her.
(c) In presenting its case, each party shall have the right to present evidence relevant to the issues, to cross examine opposing witnesses, to impeach any witness regardless of which party first called him or her to testify, and to rebut the evidence presented against it.
(d) The order of presentation of evidence shall be as follows:
(1) Each party may, but is not required to, present opening statements;
(2) The employee, as the party with the initial burden of proof, shall present his or her evidence first;
(3) The city shall then present its evidence;
(4) The employee shall have the opportunity to present rebuttal evidence; and
(5) Each party may, but is not required to, present closing arguments.
(e) All testimony shall be under oath or affirmation. Irrelevant, immaterial, or unduly repetitious evidence shall be excluded. All other evidence of the type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible, whether or not such evidence would be admissible in the courts of Florida. Hearsay evidence may be introduced and used for supplementing or explaining other evidence, but it shall not be sufficient in itself to support a finding by the Grievance Committee unless it would be admissible over objections in a civil action.
(f) At the conclusion of the hearing, the Chairperson shall inform the employee when the decision on the employee's grievance will be forthcoming and how the employee will be notified.
(g) In rendering its decision, the Grievance Committee shall determine whether, based on the evidence presented, the grievance is valid. The evidentiary standard to be applied by the Grievance Committee shall be clear and convincing evidence.
(h) The Grievance Committee shall provide a final decision of the Grievance Committee to the parties within ten working days of the hearing. The final decision shall set forth the Grievance Committee's findings concerning the validity of the grievance, the reason(s) therefor, and what, if any, relief is ordered. The final decision of the Grievance Committee shall be binding on both parties.
(i) Any party who is adversely affected by the final decision of the Grievance Committee may apply to the local circuit court for judicial relief within 30 days after rendition of the final decision of the Grievance Committee. The proceedings in circuit court shall be commenced by filing of a petition for writ of certiorari.
Source: City of Cape Coral, Florida, Code of Ordinances, City Charter and Land Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/cape_coral/codes/code_of_ordinances?nodeId=CH2AD_ARTIIIPERURE_DIV9GR_S2-33.10COGRCOHEFetched: 11/4/2026