City of Tallahassee v. Big Bend Police Benevolent Ass'n

BOOTH, Judge,

specially concurring.

I must concur in the majority opinion since, from the record before us, it appears that the issue of the proper burden of proof was not preserved below. While we have not been furnished with a transcript, we do have the following statements in the arbitrator’s order:

[T]he Union also presented argument in its post hearing brief that the City has the burden of proving it had just cause to terminate Maureau. It argues that, because of the nature of the charges leading to his termination, the standard of proof to be applied in this case is at least proof by clear…