Article 29 Court Appearance

In the event that cancellation fees are charged by the arbitrator, they are the responsibility of the party requiring cancellation or continuance, unless agreed upon by the parties or due to settlement of the grievance, in which case the costs are evenly split between the parties.

In the event that the parties dispute the arbitrability of a grievance, the issue of whether a grievance is arbitrable shall be determined by an arbitrator selected by the above procedure prior to consideration of the merits of either party’s case. Unless otherwise agreed by the parties, this hearing shall be held separate from and in advance of a hearing on the merits. The hearing on arbitrability may be conducted by telephone, and the evidence presented to the arbitrator shall consist only of documentary evidence, including the contract, the grievance, and affidavits submitted by the parties. Each side shall also be entitled to present arguments in its favor. The arbitrator shall rule at the close of the hearing on the issue of arbitrability.

The parties intend for the decision of the arbitrator to be final and binding. In the event that a party to arbitration files litigation to vacate or compel an arbitration award, the court is empowered to award attorneys’ fees and costs, in its discretion, should it find that the motion was pursued in bad faith, for the purposes of delay, or lacked substantial merit.

ARTICLE 29 COURT APPEARANCE

Upon receipt of a subpoena, or a Notice to Appear in Court, or notice that the employee’s deposition is to be taken on matters relating to their official performance as a member of the fire department, the employee shall immediately notify the Fire Chief, via chain of command, prior to appearing.

For off-duty court appearances when subpoenaed as a Coral Springs employee on matters relating to the official performance of the employee’s duties as a Coral Springs employee, a minimum of three (3) hours pay at the established rate of one and one-half (1 1/2) times their hourly rate shall apply. Court time shall begin one (1) hour prior to subpoena time and shall end when dismissed by the court for the day. Any expenses incurred by the employee will be reimbursed in accordance with the Administrative Policy 09.01.01, Travel and Subsistence.

For off-duty court appearances when subpoenaed as a member of the Fire department on matters relating to the official performance of the employee’s duties as a member of the Fire department, for court appearances outside Broward County, as a result of change of venue or other matter beyond the employee’s control, it shall first be necessary to obtain the authorization of the Fire Chief.