New Smyrna Beach personnel board sets Feb. 27 appeal hearing, elects chair and names legal adviser

The New Smyrna Beach Personnel Board on Jan. 8 elected Daniel Morin as chair, scheduled a hearing on an employees termination for Thursday, Feb. 27 at 8:30 a.m., and appointed Assistant City Attorney Shay McCurdy to serve as the boards legal adviser at that hearing.

McCurdy, the citys assistant city attorney, told the board the panels role is to hear disciplinary appeals and make a recommendation to the city manager, noting, "the role is to make a recommendation to the city manager, But the final decision will ultimately land with the city manager." She outlined that the hearing will include opening statements, witness examination under oath, and closing statements, and that the board will deliberate and vote after the evidence is closed.

The assistant city attorney gave a briefing on Floridas Sunshine Law and public-record rules, saying meetings of a governing body must be open to the public and that board members should forward work-related emails to the city clerk for archiving. She warned that two or more members discussing foreseeable board business outside a posted meeting can violate the law and may be a second-degree misdemeanor.

On procedure, McCurdy said evidence rules similar to court practice will be observed but not strictly enforced and that some hearsay may be permitted if it is not the only evidence relied on. She advised the board to make clear, affirmative motions at the hearing (for example, "I recommend to approve the city manager's termination of employee X") so the record is unambiguous about the recommendation being made to the city manager.

Board members discussed available dates and agreed on Thursday, Feb. 27, with an 8:30 a.m. start time and an expectation the hearing could last a full day. The board agreed the employee must receive at least 15 days' notice and that a packet of case materials will be provided to members at least five days before the hearing.

A nomination for chair was made and seconded; the board voted with the four members present in favor of Daniel Morin. Laurie Hartman was absent and will be included in future communications and materials. The board then voted to appoint McCurdy as the boards legal adviser for the Feb. 27 hearing.

The meeting concluded after brief logistical questions about distributing materials and notifying the absent member. The board adjourned after making the appointments and scheduling the hearing.