HomeMy WebLinkAbout2004-03-18 Workshop Meeting City Commission Meeting Agenda Packet L.
AGENDA
DANIA BEACH CITY COMMISSION
WORKSHOP MEETING
MARCH 18, 2004
4:00 P.M.
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE CITY COMMISSION WITH REGARD TO
ANY MATTER CONSIDERED AT THIS MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS
MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE
BASED.
LOBBYIST REGISTRATION REQUIRED - REGISTRATION AS A LOBBYIST IN THE CITY OF DANIA BEACH IS
REQUIRED IF ANY PERSON, FIRM OR CORPORATION IS BEING PAID TO LOBBY THE COMMISSION ON ANY
PETITION OR ISSUE PURSUANT TO ORDINANCE NO. 01-93. REGISTRATION FORMS ARE AVAILABLE IN THE
CITY CLERK'S OFFICE IN THE ADMINISTRATION CENTER.
IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, PERSONS NEEDING ASSISTANCE TO
PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE CITY CLERK, 100 W. DANIA BEACH
BLVD, DANIA BEACH,FL 33004,(954)924-3624,AT LEAST 48 HOURS PRIOR TO MEETING.
1. Call to order
2. Roll Call:
3. Discussion of proposed Civil Service Rules changes. (Mary
McDonald, Human Resources and Risk Management Director)
4. Adjournment.
AGENDA 1 MARCH 18, 2004
WORKSHOP MEETING
A-M1160-50 Pill!WIMP&
® 0
a FLORIDA
INTEROFFICE MEMORANDUM
To: Mayor C.K. "Mac" McElyea
Vice-Mayor Robert Mikes
Commissioner Pat Flury
Commissioner Robert Chunn
Commissioner Robert Anton
Cc: Kurt Ely, Chairman Civil Service Board
Mary McDonald Ken Land
Larry Leeds Patty Varney
Fernando Vazquez ; �---"Kristen Jones
From: Ivan Pato
City Manager l
Date: March J l, 2004
Subject: Civil Service Workshop
Attached you will find copies of the existing set of Civil Service rules as
well as a copy of a document the Civil Service Board is proposing to
present to the Commission for adoption. The document proposed by the
Civil Service Board does not represent what I believe to be in the best
interest of the City or the employees.
In preparation for the workshop we conducted a survey of 15 Broward
County cities regarding their civil service rules and, if applicable, the role
of their Civil Service Boards. Of the 15 cities that responded to the
survey, 8, including Broward County, have eliminated Civil Service
altogether. Of the 7 remaining, 6 operate with a Civil Service Board
which serves solely as an appellate board; (sample of such approach
attached) only one other City functions with a Civil Service Board acting
in an advisory capacity.
`Broward's First City'
100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 924-3600 www.ci.dania-beach.fl.us
The upcoming workshop should address the following issues:
1. The role of the Civil Service Board
2. Composition of the Civil Service Board
3. Civil Service eligibility
1. Role of the Civil Service Board
In 1988, the Civil Service rules gave the board (themselves) both
appellate and advisory authority over the City's Human Resource system.
The present system of having the board develop policy and approve
changes before the Human Resource Director and the City Manager can
address the Commission is both counterproductive and not in the best
interest of progress. It is my opinion that under the present system,
many of the decisions made by the board could be construed as
politically motivated, self-serving and not in the best interest of
employees or the City. It is therefore my recommendation that you
redefine the mission of the Civil Service Board and that its authority be
limited to providing a forum for grievances.
2. Composition of the Civil Service Board
Our employees deserve a proper hearing for such matters as disciplinary
actions, possible terminations, etc. It would also be my recommendation
that you allow the City Manager to appoint 1 voting member to the
board. Currently, the board is comprised of 2 Commission appointments,
2 employee appointments and 1 appointment selected by the employees
from a list provided by the Commission. The board should provide equal
representation for all and therefore needs to allow the City Manager to
appoint 1 member in order to have proper representation.
3. Civil Service Eligibility
My recommendation regarding Civil Service eligibility is simple, eligibility
should be limited to employees not directly reporting to the City Manager
or the City Commission. The City Manager and City Commission both
need the flexibility necessary to assemble and maintain the most
professional executive team possible. To accomplish that, both the City
Manager and Executive Team must serve at the will of the City
Commission and the City Manager respectively.
We have in front of us an opportunity to modernize our system and
improve the manner in which our employees are represented.
i
CIVIL SERVICE COMPARISON
o.
z CIVIL Board N CONTACT zINFORMATION
CITY "' SERVICE F11
unction .:Last First Position
F z.. ,,:,,, 2_ _ �� A _ F E Phori �.
Broward County No N/A Morrison Lisa HR Analyst (954)728-2778
Eliminated
Oct 2000
Coconut Creek Yes Appellate Kershaw Pam HR Manager (954) 973-6715
Personnel (954)434-4300
Cooper City No N/A Berke Cheryl Specialist
Coral Springs No N/A Moale Margie HR Manager
Davie No N/A Alan Mark HR Director 954-797-1100
Deerfield Beach Yes Appellate Lola HR Asst (954)480-4255
Class & Comp (954) 828-5308
Ft. Lauderdale Yes Appellate Crossley Jerry Manager
Personnel
Hallandale Beach Yes Advisory Amiraian George Director (954)457-1348
Acting HR
Hollywood Yes Appellate Reinfeld Gail Director (954)921-3218
Human
Resources
Lauderhill Yes Appellate Giles Desorae Director (954) 730-3090
Director of
Oakland Park Yes Appellate Alvarez Gail M. HR/Risk Mgmt. (954) 561-6149
Director of
Human
Pembroke Pines No N/A Paruch Shiela Resources (954)431-4566
Personnel
Plantation No N/A McKenica John Director (954) 797-2232
Director of
Human
Pompano Beach No N/A Smith Mike Resources (954) 786-4600
Personnel
Tamarac No N/A Swanson Maria Director (954) 724-1353
3 DL
March 04, 2004
Revised March 10 for submission to Commission
CIVIL SERVICE RULES
CITY OF DANIA BEACH
ADOPTED BY
ORDINANCE NO.
[DATE OF ADOPTION]
TABLE OF CONTENTS
RULE 1 -GENERAL PROVISIONS............................................................................................ 5
Section 1. Purpose of these rules ... ............................................................................................ 5
Section 2. Positions covered by these rules................................................................................... 5
Section 3. In the event of a conflict............................................................................................... 5
RULE2 -DEFINITIONS.............................................................................................................. 5
Section1. Allocate....................................................................................................................... 5
Section2. Certify......................................................................................................................... 5
Section3. City Service............................................................................................................... ..6
Section4. Civil Service ....................................................................................6
Section 5. Civil Service Status..................................................................................................... 6
Section6. Classification...............................................................................................................6
Section7. Classification Plan .....................................................................................................6
Section8. Classified Service..................................................................................................... 6
Section 9. Continuous Service............................................................................. 6
Section10. Demotion .................................................................................................................. 7
Section11. Eligible...................................................................................................................... 7
Section12. Eligible List........................................................................................................... ...7
Section13. Employment list........................................................................................................ 7
Section14. Hearing........................................................................................................................ 7
Section15. Part-time Employee .................................................................................................... 7
Section16. Position....................................................................................................................... 7
Section 17. Probationary employee............................................................................................... 7
Section18. Promotion.................................................................................................................... 7
Section 19. Promotional examination............................................................................................ 8
Section20. Promotional list........................................................................................................... 8
Section 21. Provisional employees................................................................................................ 8
Section22. Regular employee....................................................................................................... 8
Section23. Status........................................................................................................................... 8
Section24. Temporary employee.................................................................................................. 8
Section25. Vacancy ...................................................................................................................... 8
RULE 3 -ORGANIZATION FOR HUMAN RESOURCE ADMINISTRATION...................... 8
Section1. The City Commission................................................................................................... 8
Section2. The City Manager......................................................................................................... 9
Section 3. The Human Resource Director..................................................................................... 9
Section 4. The Civil Service Board ............................................................................................. 10
RULE 4-POSITIONS INCLUDED IN HUMAN RESOURCE SYSTEM............................... 14
RULE 5 -THE CLASSIFICATION PLAN................................................................................ 14
Section 1. Classification required................................................................................................. 14
Section 2. Maintenance of the Classification Plan ....................................................................... 14
Section 3. Force and Effect of Classification Description............................................................ 15
2
Section 4.New Classifications..................................................................................................... 15
Section 5. Amendments to the Classification Plan....................................................................... 15
RULE 6-APPLICATIONS/VACANCIES................................................................................. 16
Section 1. Announcement of vacancy.......................................................................................... 16
Section 2. Filing of application.................................................................................................... 16
Section3. Citizenship.................................................................................................................. 16
Section4. Residence.................................................................................................................... 16
Section 5. Minimum Qualifications.............................................................................................. 17
Section 6. Rejection of application........................................
Section 7. Notice of rejection of application............................................................................... 17
Section 8. Veteran's preference................................................................................................... 17
Section 9. Resident's preference.................................................................................................. 19
RULE 7-EXAMINATIONS ...................................................................................................... 19
Section 1. Recruitments by examination..................................................................................... 19
Section 2. Identity of examinees concealed................................................................................. 19
Section3. Rating examinations ................................................................................................... 20
Section 4. Minimum grades on each section............................................................................... 20
Section 5. Notification of results .................................................................................................21
Section 6. Inspection of papers.................................................................................................... 20
Section 7. Promotional examinations.......................................................................................... 21
Section 8. Announcement of promotional examinations............................................................. 21
Section 9. Service credit in promotional examination................................................................. 21
Section 10. Unskilled and semi-skilled laborers, domestic, attendant or custodial work............ 21
Section 11. Non-assembled examinations................................................................................... 22
RULE 8-ELIGIBLE LISTS ....................................................................................................... 22
Section 1. Establishment of eligible lists..................................................................................... 22
Section2. Duration of lists .......................................................................................................... 23
Section 3. Reemployment lists..................................................................................................... 23
Section 4. Removal of names from lists...................................................................................... 23
Section 5. Restoration of name to eligible lists ........................................................................... 23
Section 6. Merging Eligible Lists................................................................................................ 23
RULE9-APPOINTMENTS....................................................................................................... 23
Section 1. Procedure for filling vacancies ................................................................................... 24
Section2. Priority of lists ............................................................................................................ 24
Section 3. Certification from the list............................................................................................ 24
Section 4. Notice of certification to the eligible.......................................................................... 25
Section 5. Waiver of certification................................................................................................ 25
Section 6. Provisional appointment............................................................................................. 25
Section 7. Temporary appointment.............................................................................................. 25
Section 8. Emergency appointment............................................................................................. 26
Section9. Reinstatement.............................................................................................................. 26
3
Section10. Transfer..................................................................................................................... 26
Section11. Demotion .................................................................................................................. 26
Section 12. Probationary period...............................
Section 13. Medical examinations and background screeings .................................................... 27
RULE 10—GENERAL HUMAN RESOURCE POLICIES AND PROVISIONS...................... 28
Section1. Hours of work............................................................................................................. 29
Section2. Legal holidays............................................................................................................. 29
Section3. Vacation leave............................................................................................................. 29
Section4. Sick leave with pay..................................................................................................... 31
Section5. Leave with pay............................................................................................................ 32
Section6. Leave without pay....................................................................................................... 33
Section7. Prohibitions................................................................................................................. 33
Section 8. Employee Grievances............................................................................................... 374
Section 9. Civil Service Board Hearing..................................................................................... 347
Section 10. Employee performance rating................................................................................... 38
Section11. Military Leave............................................................................................................ 38
Section 12. Nepotism/Hiring of Relatives................................................................................. ..38
Section13. Comp Time/Overtime................................................................................................39
RULE 11 —SEPARATION AND DISCIPLINARY ACTION.................................................... 39
Section1. Resignation................................................................................................................. 39
Section2. Layoff......................................................................................................................... 40
Section3. Suspension.................................................................................................................. 41
Section 4. Dismissal or Discipline............................................................................................... 41
Section 5. Demotion for inability to perform duties.................................................................... 43
RULE 12—AMENDMENT OF CIVIL SERVICE RULES........................................................ 43
Section1. Amendments............................................................................................................... 43
RULE13 —SAVING CLAUSE................................................................................................... 43
4
RULE 1 —GENERAL PROVISIONS
Section 1. Purpose of these rules: These rules set forth the principles and procedures that are to
be followed by the City in its human resource program to the end that the City and its employees
may have assurance that personnel will be dealt with on an equitable basis, and that the citizens
of Dania Beach may derive the benefits and advantages which can be expected to result from a
competent staff of City employees.
Section 2. Positions covered by these rules: These rules shall apply to all positions in the City
Service, except elected officers, members of Boards, Commissions and Committees, part-time
employees, independent contractors, provisional employees, temporary employees, consultants,
counsel, architects, auditors, those rendering temporary professional services whether or not for
compensation, employees under individual contract, and any positions reporting directly to the
Commission. However, the employee must have one year of continuous full time service to be
eligible for Civil Service protection.
'Section 3. Conflict: In the event of a conflict between these Civil Service Rules and a collective
bargaining agreement, the collective bargaining agreement of the bargaining unit to which the
affected employee belongs shall control. In lieu if of their own governing bargaining agreement,
employees exempted from Union participation will be entitled to the same benefits afforded to
those employees of the bargaining class, except those not allowed under the FLSA.
RULE 2—DEFINITIONS
Section 1. Allocate: shall mean the act of assigning each position to its proper classification.
Section 2. Certify: shall mean the act of the Human Resource Director, in supplying a
department head with applicants who are eligible for appointment to the position in the
Classified Service.
5
Section 3. City Service: The City Service shall comprise all offices and positions in the City
employ, now existing or hereafter created.
Section 4. Civil Service: in context comprises all full time positions in the City Service except
elected officers, members of Boards, Commissions and Committees, part-time employees,
independent contractors, provisional employees, temporary employees, consultants, counsel,
architects, auditors, those rendering temporary professional services whether or not for
compensation, employees under individual contract, and any positions reporting directly to the
Commission. However, the employee must have one year of continuous full time service to be
eligible for Civil Service protection. Civil Service is synonymous with Classified Service.
Section 5. Civil Service Status: shall be obtained after one year of being regularly appointed to a
position in the Civil Service.
Section 6. Classification: shall mean the title for a position, or group of positions having similar
duties, which shall be based on the job description and minimum qualifications for the position.
Section 7. Classification Plan: shall refer to a complete inventory of all classifications in the
City Service.
Section 8. Classified Service: Classified Service is synonymous with Civil Service.
Section 9. Continuous service: shall mean employment in the Civil Service which is
uninterrupted except for an authorized leave of absence, or separation due to lay off. Time lost
due to unpaid leave of absence, or lay-off shall be deducted in the determination of length of
continuous service unless otherwise prohibited by law. Authorized paid leave of absence shall
be included as part of continuous service.
6
Section 10. Demotion: shall mean the assignment of an employee to a position in a lower
classification having a lower maximum salary than the classification from which the assignment
is made.
Section 11. Eligible: shall mean a person listed on an active eligible list.
Section 12. Eligible list: shall mean an employment list, promotional list, reemployment list or
reinstatement list.
Section 13. Employment list: shall mean a list of persons who have been found qualified by an
entrance examination or other appropriate means for appointment to a position in a particular
classification.
Section 14. Hearing: means a public hearing held after public notice, at which any employee
covered by the Civil Service Rules may have a reasonable opportunity to be heard by the Civil
Service Board.
Section 15. Part-time employee: shall mean any employee who is hired to work an average of
no less than 40 hours and no more than 79 hours bi-weekly.
Section 16. Position: shall mean a group of duties assigned to one person. Position is
synonymous with "office", "post", "employment', "job", and with the term "classification" for
positions in the Classified Service.
Section 17. Probationary employee: only in the context of these Civil Service Rules, shall mean
any employee who is newly hired into the City, who has been regularly appointed to a position
but who has not completed one year of continuous service.
Section 18. Promotion: shall mean the assignment of an employee to a position in a higher class
having a higher maximum salary than the position from which assignment is made.
7
Section 19. P romotional e xamination: in eans a n e xamination o r g roup o f e xaminations f or a
position in a certain classification, admission to which is limited to employees in the Civil
Service, who hold permanent positions in another classification.
Section 20. Promotional list: shall mean a list of persons who have been found qualified by a
promotional examination or other appropriate means for appointment to a position in a particular
classification.
Section 21. Provisional employs: shall mean employees filling a position in the Civil Service
without competition pending the establishment of an eligible list.
Section 22. Regular employee: shall mean an employee who has been appointed to a permanent
position in the Civil Service in accordance with the provisions of the rules.
Section 23. Status: is a condition acquired by an employee giving rights, in the manner the rules
set forth, to a classification. The term is synonymous with"Civil Service Status".
Section 24. Temporary employee: shall mean an employee holding a position that is defined by
having a designated ending date.
Section 25. Vacancy: shall mean a position existing or newly created, which is not occupied,
and for which funds are available, and for the filling of which a valid requisition has been
received by the Human Resource Director.
RULE 3 —ORGANIZATION FOR HUMAN RESOURCE ADMINISTRATION
Section 1. The City Commission: The City Commission shall:
A. Approve and adopt the Civil Service Rules and all amendments thereto after these have
been presented to the Civil Service Board.
B. Approve the pay plan and all amendments thereto.
8
C. Make and confirm appointments to and remove appointees from positions as specified
by the City Charter as Article 1, Section 6.
Section 2. The City Manager: The City Manager, shall:
A. Be responsible to the City Commission for the administration of the human resource
system subject to these rules.
B. Appoint or remove all subordinate officers and employees subject to the provisions of
these rules excepting those to be appointed and removed by the City Commission.
C. Perform such other duties and have and exercise such other powers in human resource
administration as may be prescribed by law and these rules.
D. Provide a Recording Secretary to the Civil Service Board, but subject to approval of the
Board.
Section 3. The Human Resource Director: The City Manager may appoint, in accordance with
the provisions of the City Code, a Human Resource Director who shall be responsible to the City
Manager for the administrative and technical direction of the City human resource program. He
or she shall be known as the Human Resource Director and shall:
A. Administer the provisions of these rules.
B. Develop and administer such recruitment and examination programs as may be
necessary to obtain an adequate supply of competent applicants to meet the needs
of the City Service.
C. Prepare and recommend a Classification Plan and amendments to the
Classification Plan so that it will reflect on a current basis the duties being
performed by each employee in the City Service and classification to which each
position is allocated.
9
D. Administer the pay plan including the periodic review of salary and wage levels
in the area to the extent that such levels affect City employment.
E. Provide for the establishment and maintenance of a roster of all employees in the
City Service.
F. Provide such forms and procedures as he or she may consider necessary,
appropriate, or desirable to carry out the human resource program.
G. Develop and establish in cooperation with the City Manager and the various
department heads such training and educational programs for employees in the
City Service as conditions warrant.
H. Prepare annual reports regarding the work of the department.
I. Attend all meetings of the Civil Service Board and act as a Recording Secretary in
the absence of the appointed Recording Secretary.
I Perform such other activities with reference to human resource administration not
inconsistent with the City Charter or these rules, as may be deemed necessary or
desirable to enforce the provisions of these rules, as the City Manager may direct,
or as may be required by ordinance.
K. Prepare and recommend such rules or amendments to the rules as may be
necessary or advisable to carry out the intent and purposes of the City human
resource program.
Section 4. The Civil Service Board: The Civil Service Board shall consist of five regular
members, with three alternate members to serve in the absence of regular members. The terms
of t he regular in embers and a lternate in embers s hall b e for four (4) years. T he t erms o f t he
Board shall be staggered such that the terms of no more than three (3) regular members shall
10
expire at the same time. The terms of all alternate members expire at the same time. All seats
already in existence at the time these rules are adopted shall keep the same term and expiration
date. Thereafter, as a term expires, the seat shall be filled in the year after the most recent City
election before the term expired. The members of the Board and the alternate members shall be
appointed as follows:
A. Two regular members and one alternate member for said two members shall be appointed
by the City Commission.
B. Two members and one alternate member for said two members shall be recommended for
appointment by the regular employees of the City of Dania Beach. In connection with
such recommendation, the regular employees shall conduct an election or vote which
may be informal in nature, to determine the members who shall be recommended for
appointment by the regular employees of the City of Dania Beach.
C. As to the fifth member and his or her alternate, the City Commission shall present three
names to the regular employees of the City of Dania Beach. Thereafter, the regular
employees shall conduct an election or vote, which may be informal in nature, to
approve, and recommend for appointment, one of the three names presented by the City
Commission. In considering the vote of the regular employees as to such three names,
the person receiving the highest vote will be recommended for appointment as a regular
member of the board. The person receiving the next highest vote shall be appointed as
the alternate member for the person receiving the highest vote. Neither the said regular
member nor the alternate needs to receive a majority vote.
D. All five members and the three alternate members shall be appointed by a resolution of
the City Commission for four-year terms, unless otherwise provided in these Civil
11
Service R ules. A t t he e xpiration o f t he four-year t ern, t he in ember o r alternates will
serve until the commission appoints a replacement. The aforesaid alternate members shall
serve only in the absence of the regular member or members for which he or she is the
alternate member. The alternate members cannot serve as an alternate member for an
absent member not in his or her elected or appointed category.
In the event a member vacates his or her seat on the board before his or her term expires,
a replacement member shall be appointed within thirty(30) days by the same method
used to appoint the member being replaced. Until a new member is appointed, the
corresponding alternate member shall fill the vacancy. The alternate member may also
be appointed to fill the vacancy in which case a new alternate shall be appointed within
thirty(30) days by the same method.used to fill the vacancy.
No member of the Board may be removed by the Commission prior to the
expiration of the term for which appointed, except for cause or failure to meet the
qualifications set forth in the rules, and only then after said member has been provided
written charges and afforded an opportunity for a public hearing by the City Commission.
Removal shall be by Resolution adopted by the City Commission unless otherwise
provided in these Civil Service Rules.
Any Board member who is absent without cause from three (3) meetings in any
twelve (12) month period, will be automatically removed from the Board with no need
for a resolution of the City Commission.
The Board shall elect from its regular members, a Chairperson and Vice-
Chairperson, who shall serve at the will of the Board. No member may serve as
Chairperson for a period to exceed four (4) years of continuous service. The Board shall
12
meet at such times and places as shall be specified by the Chairperson, the Human
Resource Director, or upon the request of a majority of the regular members of the Board.
All meetings shall be open to the public. A quorum shall consist of three (3)members.
Any decision, ruling or official action by the Board shall require an affirmative vote by
three (3) members.
E. It is the principle function of the Board to serve in an appellate and advisory capacity in
the administration of the human resource program. It is the duty of the Civil Service
Board and it shall have the power to:
a. Hear appeals of any regular employee in the method provided in these rules.
b. Represent the public interest in the improvement of the administration of human
resource in the City Service.
c. Advise the Commission, the City Manager and the Human Resource Director on
problems concerning human resource administration.
d. Advise and assist the Human Resource Director in fostering the improvement of
human resource standards in the City Service.
e. Make any inquiry which it may consider desirable concerning the administration
of human resource in the City Service and to review any action regarding human
resource which may appear to be arbitrary, capricious or illegal and make
recommendations to the Human resource Director with respect thereto.
f. Make annual reports, and such special reports as it considers desirable, to the
Commission and to the City Manager concerning administration of human
resource in the City Service and recommendations for improvement therein.
13
g. Advise the Commission on the adoption of the Classification Plan and proposed
amendments or revisions thereto.
h. Advise the Commission on the adoption of amendments to the Civil Service
Rules.
RULE 4—POSITIONS INCLUDED IN HUMAN RESOURCE SYSTEM
The City Service shall comprise all offices and positions in the City employ, now existing or
hereafter created. The City Service is divided into positions covered by the Civil Service rules
and those exempt from Civil Service rules. The exempt service shall consist of all positions not
in the Civil Service as defined in Rule 2, Section 4.
RULE 5 —THE CLASSIFICATION PLAN
Section 1. Classification required: No person shall be employed or regularly assigned to
work under any title not appropriate to the duties to be performed, unless as determined by
the City Manager.
Section 2. Maintenance of the Classification Plan: The Human Resource Director shall
maintain a classification plan showing each classification established, the classification title,
the classification description, the minimum qualifications required of applicants seeking
appointment, and the standard wage scale. The official classification descriptions shall be
open for public inspection during business hours. Department heads shall report changes in
the functions of an existing classification to the Human Resource Director who will
determine what impact, if any, the changes have on salary grades. Department heads shall
recommend the need to create or abolish a classification to the Human Resource Director.
14
Section 3. Force and Effect of Classification Description: The specifications of classification
descriptions of positions in the Classified Service are hereby declared to have the following
force and effect:
"Classification Descriptions" outline specific job duties, they are descriptive and
explanatory, outline specific duties, and are not all-inclusive. The use of a particular
expression or illustration of duties, qualifications, or other attributes shall not be meant to
exclude others not mentioned, if such others are similar in kind or quality. The City may
amend, expand or otherwise change specific job duties encompassed in the job description,
subject to Civil Service Board approval. When a substantial change of duties is made, except
for a temporary period or by the addition of duties that are incidental to the main
employment, such change shall be reported to the Civil Service Board for reclassification or
redefinition of the position. The fact that the actual tasks performed in a position do not
appear in the classification description shall not imply that the tasks are excluded from the
position, if the tasks constituting the main work have been duly covered by the work
objectives and position functions. Similarly, any example cited, with reference to the work
objective and position functions, shall not be construed as finally determining whether or not
a function may be included in the specifications. Certain qualifications which should
properly apply to practically all positions, honesty, sobriety, and industry, are taken for
granted.
Section 4. New Classifications: The Human Resource Director will report all new position
classifications to the Civil Service Board for adoption into the City's classification plan.
Section 5. Amendments to the Classification Plan: Whenever a new classified position is
established, or the duties of an existing position are so changed that in effect the old position
15
as described by the job description no longer exists but in its place there is created a new
position of a different classification, the Human Resource Director shall report such fact to
the City Manager for approval prior to submitting the new position to the Civil Service
Board and transmit a detailed statement of the circumstances with a description of the duties.
The Civil Service Board shall investigate the proposed duties and qualifications or
requirements of a position and shall make recommendations regarding allocating it to its
appropriate class according to the classification plan.
RULE 6—APPLICATIONS/VACANCIES
Section 1. Announcement of vacancy: The Human Resource Director shall give notice to
employees in the City Service of a vacancy by posting a vacancy announcement on the City
Hall bulletin board, and in such other places and in such other manner as the Human
Resource Director may deem advisable, at least five (5) working days prior to filling the
vacancy. In addition, the Human Resource Director may give public notice of a vacancy by
advertising through appropriate print and electronic media.
Section 2. Filing of application: All applicants for positions in the City Service must
complete a written application on the form prescribed by the Human Resource Director and
submit such application within the time limit fixed in the vacancy announcement.
Section 3. Citizenship: All applicants must be citizens of the United States or submit
acceptable documentation establishing the applicant's authorization to work in the United
States.
Section 4. Residence: An applicant is not required to reside in the City.
16
Section 5. Minimum Qualifications: The Human Resource Director may, after consultation
with the department heads concerned, prescribe such limits, physical or otherwise, as
permitted by applicable law and as in his or her judgment are required by the nature of the
work to be performed and as is consistent with the classification description. Such
requirements shall be shown in the vacancy announcement.
Section 6. Rejection of application: The Human Resource Director shall reject any
application or applicant when he or she has determined:
A. That the application was not filed within the period specified in the vacancy
announcement or was not filed on the prescribed form.
B. That the applicant lacks any of the required qualifications.
C. That the applicant has made a false statement of a material fact, or practiced or
attempted to practice any fraud or deception in his or her application or test, or in
attempting to secure appointment. If appointed, the Human Resource Director may
cancel the certification and in effect cancel the appointment.
D. That the applicant was previously in the City Service and was removed for cause or
resigned not in good standing.
E. That the applicant, after notification, did not punctually present himself at the time
and place designated for the examination or interview for the position.
F. That the applicant has a work record from previous employers not consistent with the
standards expected of a city employee.
Section 7. Veteran's preference:
A. Eli igibility: The City of Dania Beach shall give five (5) preference points in open
competitive entrance examinations or in other applicable scoring techniques to the
17
following persons, provided that such person has obtained a passing score on the
examination for the position. To receive such credit, a certificate or other authentic proof
of service and honorable discharge must be shown at the time of filing application.
1. Those disabled Veterans who have served on active duty in any branch of
the Armed Forces of the United States; who have been separated there from
under honorable conditions; and who have established the present existence of
a service-connected disability which is compensable under public laws
administered by the U.S. Veterans Administration, or who are receiving
compensation, disability retirement b enefits, o r p ension b y reason o f p ublic
laws administered by the U.S. Veterans Administration and the Department of
Defense.
2. The spouse of any person who has a total disability, permanent in nature,
resulting from a service connected disability and who, because of this
disability, cannot qualify for employment, and the spouse of any person
missing in action, captured in the line of duty by a hostile force, or forcibly
detained or interned in the line of duty by a foreign government of power.
3. A veteran of any war who has served on active duty for 181 consecutive
days or more and who was discharged or separated there from with an
honorable discharge from the Armed Forces of the United States of America,
if any part of said active service was performed during the wartime era.
However, active duty for training shall not be allowable.
4. The widow or widower of a Veteran who died of a service connected
disability.
18
Section 8. R esident's preference: T hose p ersons w ho a re c urrently r esidents o f t he C ity of
Dania Beach and whose current residence in the City of Dania Beach has been continuous for a
period of one or more full years, and who present satisfactory proof of such residence, and who
receive a passing grade on entrance examination shall have two (2) additional points added to
such grade, or to any other applicable scoring technique in use to assess candidates.
RULE 7—EXAMINATIONS
Section 1. Recruitments by examination: Should the position vacancy require an examination,
such examinations shall be made according to qualifications ascertained by objective criteria
which shall be prepared by or under the direction of the Human Resource Director and in
accordance with the job classification. All examinations shall be impartial and shall relate to
those matters which will test fairly the capacity and qualifications of the applicants to discharge
efficiently the duties of the position to be filled.
Examinations may include written, oral, physical tests, performance tests, ratings or
training and experience or any combination of these. They may take into consideration such
factors as education, experience, aptitude, knowledge, character, any other qualifications or
attributes which, in the judgment of the Human Resource Director enter into the determination
of the relative fitness of applicants. Promotional examinations shall take into consideration the
quality and length of employment, in addition to any or all of the above factors.
Section 2. Identity of examinees concealed: Any person who takes an examination under this
section shall only be notified of whether or not they passed or failed upon request. The identity
of all persons taking a competitive written test shall be concealed by the use of an identification
number w hich s hall b e u sed o n a 11 e xamination p apers. T his n umber s hall b e u sed f rom t he
19
beginning of the examination until all test papers have been rated. An applicant who reveals his
or her identification number to the Human Resource Director or to any member of his/her staff,
or to any individual involved in the grading of examinations, directly or indirectly shall be
disqualified and the applicant shall be so notified.
Section 3. Rating examinations: Appropriate procedures shall be used in rating results of an
examination and in determining the relative ratings of the competitors. Final examination grades
shall be expressed on a scale of 100 for maximum possible attainment and a score of 70 shall be
the required passing grade. In the case of promotional examinations a service credit as defined
in Rule 7, Section 9 shall apply addition to the above. The final ratings of successful competitors
who have attained a passing score of 70 or above shall be rounded-off to whole numbers
according to the following: .50 and above, the next highest rating; below .50, the next lower
rating: i.e., 81.5-82, 81.49-81.
Section 4. Minimum grades on each section: If a written examination is required for the
vacancy, each applicant must pass the written examination with a score of 70 before they can
proceed to take any subsequent part of the examination. Any applicant who fails to attain at least
this minimum grade shall be considered to have failed the examination and shall not be
examined on any further parts, if any are planned.
Section 5. Notification of examination results: Each applicant taking an examination shall be
given written notice of the results thereof, and if successful, written notice of his or her final
earned rating and his or her relative position on the eligibility or promotion list.
Section 6. Inspection of papers: Any applicant shall have the right to make one personal
inspection of his or her examination papers within one month from the date of establishment of
the list. An applicant shall have the right to take a person of equal rank who had taken the same
20
exam to examine his or her test. All examination papers shall be destroyed in accordance with
Chapter 119, Florida Statutes. A manifest error in rating a test or test procedure shall be
corrected if called to the attention of the Human Resource Director within the inspection period.
All persons shall be placed in their proper position on said list.
Section 7. Promotional examinations: Vacancies in the Classified Service shall be filled by the
promotion of employees in the service from an eligible list established by competitive
examination or other appropriate means. Should the results of the examination or other
appropriate screening method prove that it is not in the best interest of the City to promote within
the service, this requirement may be waived.
Only applicants who have passed the written examination and meet the qualifications of
the classification description may take an oral examination if one is required.
Section 8. Announcement of promotional examinations: All promotional examinations shall be
publicized at least thirty (30) days in advance of the examination by posting announcements on a
bulletin board in the City Hall, at work sites, and such other places and in such other manner as
the Human Resource Director deems advisable. Copies of all such announcements shall be
furnished to the departments affected.
Section 9. Service credit in promotional examination: Regular employees who receive a passing
grade (70%) in promotional examinations shall have a credit for continuous City Service added
to such grade which shall be computed as follows: One fourth of one point shall be added for
each full year of uninterrupted service up to a maximum of twenty years of such service.
Section 10. Unskilled and semi-skilled laborers, attendant or custodial work: Unskilled and
semi-skilled laborers, attendants or custodial workers may be appointed with or without written
tests as the Human Resources Director may prescribe.
21
Section 11. Non-assembled examinations:
A. Whenever the Human Resource Director determines that possible applicants are not
available in sufficient numbers to justify holding group examinations, he or she may
conduct examinations for such classifications on a continuous individual basis.
B. The names of successful applicants shall be placed on the appropriate eligible list in order
of their relative grades without reference to priority of time of examination.
C. A person who competes in or is disqualified from an individual examination for a
particular classification is eligible to compete in another examination for the same
classification at a later date.
D. Postponement and cancellation of examinations: Any examination may be postponed or
cancelled at the discretion of the Human Resource Director. In either case each applicant
shall be notified of the postponement or cancellation and the reasons for the action.
RULE 8 —ELIGIBLE LISTS
Section 1. Establishment of eligible lists: The Human Resource Director shall establish and
maintain eligibility lists for the various vacancies as are necessary to meet the needs of the
service. Each such list shall contain the names of those persons who are deemed by virtue of the
examination and or recruitment process to be qualified to perform the duties required in the
specific classification. Such persons shall take rank upon such lists in the order of their relative
grades as determined under the Civil Service Rules.
Eligible applicants attaining the same score shall be considered to have the same rank on
the eligible list.
22
Section 2. Duration of lists: The duration of each eligible list, and the name appearing thereon,
shall be no more than one year, however, the Human Resource Director may extend the period
for an additional three months for just cause.
Section 3. Reemployment lists: Any regular employee who has been involuntarily separated
from the City Service without fault or delinquency on his or her part shall have his or her name
placed on a reemployment list for the same classification of position he or she held at the time of
separation. The name of such employee shall be placed upon the list in the order of his or her
total continuous time served in the classification. Such employee shall be eligible for
reemployment for a period of two years from the date of separation.
Section 4. Removal of names from lists: The Human Resource Director may at any time
remove the name of an eligible from the list if the applicant has made any material false
statements on his or her application, or if the applicant voluntary requests that his/her name be
removed.
Section 5. Merging Eligible Lists: Whenever an eligible list is reduced to less than seven (7)
persons, and/or in the opinion of the Human Resource Director it is desirable to hold a
subsequent examination or other appropriate recruiting action while an eligible list exists, the
Human Resource Director may merge the two lists according to scores. All persons whose
names appear on the existing list shall have the opportunity to compete in the second
examination or recruitment action. Any person on such existing list who participates in the
second examination or recruitment action shall be given standing on the merged lists according
to the higher grade received on either exam or recruitment action This provision shall deal with
entrance examinations only.
RULE 9—APPOINTMENTS
23
Section 1. Procedure for filling vacancies: All vacancies in the Classified Service shall be filled
by original appointment, promotional appointment, provisional appointment, re-employment,
reinstatement, transfer or demotion. Whenever a vacancy is to be filled, the department head
shall make a request to the Human Resource Director for eligibles for appointment to the
classification for which the vacancy exists. Such requisition shall be upon the form provided by
the Human Resource Director. If the position is permanent, the Human Resource Director shall
certify to the department head the appropriate list or authorize some other kind of appointment as
provided in these rules.
Section 2. Priority of lists: Certification shall be made from existing lists in the following order
of preference:
1. Re-employment lists.
2. Promotional lists.
3. Employment lists.
4. Reinstatement lists.
Reinstatement list may rank before or after employment lists at time of certification by specific
request of the hiring authority.
Section 3. Certification from the list: Upon receipt of a valid requisition for an eligible to fill a
promotional vacancy the Human Resource Director shall certify to the requesting department
head the resumes of the eligibles on the list for the classification who qualify under the Rule of
Seven Scores and have indicated a willingness to accept appointment. For new positions or
those for which there no promotional list, the Department Head shall certify eligibles on the list
for classification who qualify under the Rule of Seven Scores.
24
The "Rule of Seven Scores" provides that the names associated with the seven highest
scores determined by Rule 7, Section 3 shall be certified to a vacancy; the names within the next
highest scores being certified for each additional vacancy, provided however, that a fewer
number may be certified when there is not the required number on the list.
Section 4. Notice of certification to the eligible: Whenever the name of an eligible is certified
the eligible shall be given notice of this certification by mail, electronic communication, or
telephone. Such notice shall state the time within which he or she must report for an interview.
Section 5. Waiver of certification: An eligible may waive certification.
Section 6. Provisional appointment: Whenever there are urgent reasons for filling a regular
position in a classification for which appropriate lists or the required number of eligibles are not
available, the Human Resource Director may authorize the vacancy to be filled by a provisional
appointment.
In such case, preference for provisional appointment shall be given to persons in the City
Service whom the Human Resource Director finds to be qualified and secondly to persons who
have applied for appointment as regular employees and whom the Human Resource Director
finds to be qualified.
Section 7. Temporary Lappointment: Temporary appointments may be made of persons whose
employment is expected to be of a seasonal nature, or whose services are required to a special
job or project, and when it is expected that the services of such persons will be no longer
necessary at the close of the season, or upon completion of such special job or project for which
they have been appointed. Temporary appointments are designated with a start and ending date.
Temporary appointments may also be made to fill vacancies resulting from regular employees
being on authorized leave of absence.
25
Such appointments shall be made from the appropriate lists insofar as practicable and
shall be for a specific period. The acceptance of such appointment by an eligible shall not affect
his or her standing on the list for permanent appointment.
Section 8. Emergency appointment: Emergency appointments may be made by the City
Manager or his or her designee in case of riot, fire or other emergency which threatens life,
property of the general welfare of the City. Such appointments shall continue only during the
period of such emergency and its aftermath and shall not continue longer than necessary.
Section 9. Reinstatement: Any regular employee who has resigned in good standing may,
within two years from the effective date of his or her resignation, at his or her written request,
and subject to the approval the City Manager and the Human Resource Director, and with
recommendation of the hiring manager be reinstated to a vacancy provided there are no regular
employees who have been laid off and whose names appear on the re-employment list for the
classification. Such reinstated employees shall be treated as a new entrant.
Section 10. Transfer: A position may be filled by transferring an employee from another
position of the same classification or similar classification with essentially the same basic
qualifications, excepting that in no case shall an employee be transferred to a classification
having a higher maximum salary than the classification from which the transfer is made. In this
case, rules regarding promotion will prevail. Transfers must be approved by the department
heads affected, the Human Resource Director, and so far as practicable, the employee concerned,
and shall be executed on the prescribed form.
Section 11. Demotion:
A. A position may be filled by the demotion of a regular employee in accordance with the
procedure for demotion as outlined in Section 5 of Rule 11.
26
B. An employee may also be demoted upon his or her own initiative with the approval of the
Human Resource Director and department head concerned and shall receive status in the
new classification, if he or she has status in present classification.
Section 12. ProbationM period: For purposes of Civil Service, the probationary period shall be
defined as one year of continuous regular service. Upon completion of this probationary period,
the employee will be eligible for all rights and protections as outlined by this document. Civil
Service probation is separate from any applicable benefit program probation or performance
probation as established by City policy.
Section 13. Medical examinations and Background Screening: Applicants selected for positions
in the City Service shall be required to undergo a medical examination, to include drug
screening, t o d etermine p hysical and m ental f itness t o p erform w ork i n the p osition to w hich
appointment is to be made. If such employee voluntarily resigns within the first year, then he or
she shall reimburse the City for the costs of said medical examination, drug screening and all
costs associated with background screening unless otherwise provided in the applicable
collective bargaining agreement.
All employees of the City, during their period of employment, may be required by their
department head, with the approval of the Human Resource Director, to undergo periodic
medical examinations to determine their physical and mental fitness to perform the work of the
position in which they are employed. Such periodic medical examinations shall be at no expense
to the employee and consistent with the City's workers compensation and drug free work place
programs.
27
Determination of physical or mental fitness will be by a medical service provider
designated by the Human Resource Director and in conjunction with the City's Workers
Compensation and Drug Free Workplace program.
When an employee of the city is reported by the medical service provider to be physically
or mentally unfit to perform work in the position which he or she is employed, such employee
will receive written notification of the findings and may, within five days from the date of his or
her notification of such determination by the examining physician, indicate in writing to the
Human Resource Director his or her intention to submit the question of his or her physical or
mental unfitness to a physician of his or her own choice. In the event there is a difference of
opinion between the examining physician and the physician chosen by the employee, then a
physician shall be mutually designated by the examining physician and the physician chosen by
the employee whose decision shall be final and binding as to the physical or mental fitness of the
employee to perform the work of the position in which he or she is employed.
Applicants who have received offers of employment who are determined to be physically
or mentally unfit for service shall not be appointed. An employee finally determined to be
physically or mentally unfit to continue in the position in which he or she is employed may be
demoted in accordance with these rules or separated from the service. This Rule is subject to the
requirements of any applicable law and any applicable collective bargaining agreement both of
which shall control in the event of a conflict with these Civil Service Rules.
Section 14. Appropriate list: The Human Resource Director may certify to a vacancy applicants
from eligible lists of classifications other than the vacancy classification, if, in his or her
judgment, the lists are appropriate due to similar qualifications and/or examination.
RULE 10—GENERAL PERSONNEL POLICIES AND PROVISIONS
28 ____
Section 1. Hours of work: The City Manager shall establish hours of work, which, insofar as
practicable, shall be within uniform occupational groups, which shall be determined in
accordance with the needs of the public who may be required to do business with various City
departments. Employees who work over forty hours shall be compensated at the overtime rate
or given compensatory time off in accordance with any applicable collective bargaining
agreement and State and Federal law. U nder n o circumstances should accrued compensation
time exceed 80 hours. It is important to note that overtime is calculated based on hours worked
over 40, paid sick, vacation, and holiday pay are excluded in the 40 hour calculation.
Section 2. Legal holidays: Employees shall be paid for legal holidays. Employees must work
their regular work days immediately before and after the holiday (with the exception of a prior
approved absence or a documented emergency ) in order to receive pay for the holiday. An
employee who has forfeited a paid holiday as stated may elect to use accrued vacation time to
prevent a loss of earnings. Legal holidays to be observed by the City's employees unless such
employees are required to be on regular duty are: New Years Day, Memorial Day, Independence
Day, Labor Day, Thanksgiving Day and Christmas Day, and such other days as may be
designated from time to time by the City Commission and/or the applicable collective bargaining
agreement. When a holiday falls on a Saturday or a Sunday the following Monday shall be
declared a holiday for city employees.
Section 3. Vacation leave: Non-department heads regularly employed full time by the City of
Dania Beach shall be entitled to vacation leave in accordance with the following schedule:
REGULAR FULL TIME EMPLOYMENT VACATION LEAVE
More than 1 year but less than 5 years 2 weeks
More than 5 years but less than 12 years 3 weeks
29
More than 12 years 4 weeks
Members of the Fire Department and such other employees required to be on regular duty
on legal holidays shall receive additional compensation for such holiday work or shall be
credited with additional vacation leave at the rate of one additional vacation day for each holiday
worked.
In computing vacation leave earned, only those months shall be counted during which an
employee has worked three quarters or more of his or her regular work days. In the event of
conflict with a collective bargaining agreement, the terms of the collective bargaining agreement
shall prevail.
Vacation leave may be taken as earned subject to the approval of the department head
who shall schedule vacations so as to meet the operating requirements of the department;
provided, that vacation leave shall not be granted to employees with less than 6 months of
continuous service and provided it does not conflict with the operation of the City.
Employees may accrue vacation leave up to a maximum of the leave earned in two
calendar years. In the event an employee has been denied vacation by his or her supervisor and
as a consequence has been unable to take advantage of vacation leave as earned, the City will
"buy back" vacation or comp time that exceeds the maximum accrual to prevent the loss of
earned vacation leave. This rule shall not be interpreted to limit any rights provided for in an
applicable collective bargaining agreement.
Employees covered by these rules have the option to convert up to 40 hours of vacation
leave to cash each calendar year, contingent on fund availability.
Provisional employees are entitled to the same vacation leave allowance to which regular
employees are entitled in accordance with the provisions of this section.
30
Although part time employees are not included in the Civil Service, it shall be noted that
vacation leave has been accrued at the rate of 1.54 hours per month. This accrual is subject to
change. In the event of conflict with the applicable collective bargaining agreement, the terms of
the CBA shall prevail.
Regular employees and the aforesaid part-time employees who have completed one or
more years of service shall, upon leaving the City's service in good standing, be compensated for
vacation leave accrued up to the date of separation at 100%, or consistent with the terms of any
applicable collective bargaining agreement.
Section 4. Sick leave with pay: Sick leave with pay shall be granted to regularly employed full
time employees at the rate of 8 hours per month, up to the maximum accumulation of 400 hours.
After the maximum accumulation of 400 hours, the City shall liquidate excess hours and shall
pay employees on an annual basis at their present base hourly rate. Although part-time
employees are not included in the Civil Service, it should be noted that paid sick leave has been
accrued at the rate of 2 hours per month. This Rule is subject to the provisions of any applicable
collective bargaining agreement which shall control in the event of a conflict.
1. Upon retirement or termination in good standing, the employee will be
reimbursed for all sick leave accrued at the rate of pay at time of separation.
2. Sick leave shall not be considered as a right which an employee may use at his or
her discretion, but rather as a privilege which shall be allowed only in case of personal sickness
or d isability, 1 egal q uarantine d ue t o e xposure o f c ontagious d isease, o r i n t he c ase o f i llness
within the immediate family. Employees may not forego the use of sick time in favor of personal
or vacation time in order to assure a"bonus"day for no sick time used.
31
In order to be granted sick leave with pay an employee must meet the following
conditions:
A. Notify his or her immediate supervisor at the beginning of the scheduled workday
of the reason for absence or as soon as reasonably possible in the case of a medical emergency
B. Permit such medical examination or inquiry which the city deems desirable at a
cost to the city.
C. File written documentation consistent with City procedures for such sick leave.
In the event that the absence is for more than three working days, submit, if requested by the
department head, a medical certificate signed by a physician stating that the employee has been
incapacitated for work for the period of absence. The medical certificate shall also state the date
the employee is able to return to work.
Employees serving a probationary period shall accrue sick leave in accordance with the
provisions of this section; provided that no sick leave with pay shall be granted such employee
until c ompletion o f s ix months o f s ervice. T emporary e mployees s hall n of b e e ntitled t o s ick
leave privileges.
In computing accrued sick and vacation leave, only those months shall be counted during
which an employee has worked three quarters or more of his or her regular work days, to include
time accrued during vacation and sick time.
Claiming sick leave in violation of this Rule shall be cause for disciplinary action.
Section 5. Leave with pay: Leave with pay may be authorized in order that regular employees
may serve required jury duty, provided that such leave is reported in advance to the department
head and the employee provides documentation. If excused from jury duty an employee must
32
report at the next regular shift. In order to receive full pay for such leave, the employee must
remit payment which he or she received for jury duty to the City Finance Director.
Leave with pay, not to exceed five working days, may be authorized in case of death
within the immediate family. Bereavement pay shall be consistent with the terms of the
applicable collective bargaining agreement. The immediate family shall consist of the spouse or
domestic partner, parents, grandparents, children, grandchildren, brothers, sisters, stepbrothers,
stepsisters, in-laws and immediate family as defined above of domestic partners.
Section 6. Leave without pay: A regular employee may be granted leave of absence without pay
for a period not to exceed one year for sickness, disability or other good and sufficient reasons
which are considered to be in the best interests of the City. Such leave may require supporting
documentation and shall require the prior approval of the department head, the Human Resource
Director and the City Manager. A department head, with the approval of the Human Resource
Director, may grant a regular employee leave without pay for a period not in excess of fifteen
calendar days in any one calendar year. Subject to the requirements of any applicable law and
any applicable collective bargaining agreement, the City is not required to return an employee to
his or her position and may place the employee in any available position for which they are
qualified. Pension benefits will be pro-rated in accordance to the rules of the pension document
and applicable with any applicable law.
Section 7. Prohibitions:
A. No person shall be appointed or promoted to, or demoted or dismissed from any
position in the City Service, or in any way favored or discriminated against with respect to
employment in the City Service because of his or her or race, color, religion, sex, national
original, age, marital status, political affiliation, familial status, disability, or sexual orientation.
33
B. No person shall seek or attempt to use any political endorsement in connection
with any appointment to a position in the City Service.
C. No personal shall use, or promise to use, directly or indirectly any official
authority or influence, whether possessed or anticipated, to secure or attempt to secure for any
person an appointment to a position in the City Service, or any other advantage in employment
D. Employees in the City Services shall not engage in politically orientated activities
while on duty.
E. No person elected to public office in the City of Dania Beach shall, during the
term for which he or she was elected, be appointed to any position in the Classified Service.
F. No person shall make any false statement, or in any manner commit or attempt to
commit any fraud preventing the impartial execution of the provisions of the Charter and these
rules.
G. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept
any money, service or other valuable consideration for or on account of any appointment,
proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in
the Classified Service.
H. No employee, examiner, or other person shall obstruct any person in his or her
right to examination, eligibility, certification or appointment under the charter and these rules, or
furnish to any person any special or secret information for the purpose of affecting the rights or
prospects of any person with respect to employment in the Classified Service. Any officer or
employee who violates any of the provisions of this section shall forfeit his or her office or
position.
Section 8. Employee Grievances:
34
A. Policy: It shall be the policy of the City of Dania Beach to provide a procedure for
the presentation and mutual adjustment of points of disagreement which arise between
employees and their supervisors, department heads, City Manager, and City Commissioners, and
to assure employees that their problems and complaints will be considered fairly, rapidly and
without reprisal. The procedure set forth in Section 8 of this Rule shall not be available if the
employee elects or commences to settle the dispute or grievance by a grievance procedure, or
similar procedure, created by any applicable collective bargaining agreement.
B. Purpose: The primary purpose of this grievance procedure is to determine what is
right rather than who is right. Free discussion between employees and supervisors will lead to
better understanding by both of practices, policies and procedures which affect employees. This
will serve to identify and help eliminate conditions which may cause misunderstanding and
grievances.
This aforesaid purpose is defeated if a spirit of conflict enters into the consideration of a
grievance. Supervisors and employees alike must recognize the true purpose of the grievance
procedure if it is to be of value in promoting the well being of the organization.
C. Definition of grievance: A grievance is a complaint, a view or an opinion pertaining
to employment conditions, to relationships between an employee and his or her supervisor or to
relationships with other employees. Employees should first discuss any problem or complaint
which is in the nature of a grievance with their immediate supervisor. In many cases, the
immediate supervisor, within the employees consent, will be able to work out a satisfactory
solution or to advise the employee regarding further presentation of his or her grievance.
D. Procedure for presentation of grievances:
35
1. Discuss with supervisor: The employee shall first take his or her grievance to his
or her immediate supervisor who shall make a decision and advise the employee within three
working days. It is necessary that the grievance be presented in writing to the supervisor on the
form p rovided b y Human R esources. A copy o f t he grievance in ust b e s ubmitted t o H uman
resource to determine if the grievance is subject to established ordinances, administrative
regulations, or these rules.
Supervisors are encouraged to consult with their division heads, department heads, the
Human Resource Director, or any other individuals who may be qualified to offer assistance or
information which will aid the supervisor to reach a mutually equitable decision.
2. Appeal to department head: If the grievance is not resolved by the immediate
supervisor to the satisfaction of the employee, or if a decision is not made by him/her within
three working days from the date of submission to the department head, the nature of the
grievance and the desired solution shall be submitted in writing by the employee to his or her
department head with notification to Human Resource Director.
3. Appeal to the Human Resource Director: If the disposition of the grievance by the
department head is not satisfactory to the employee, or if a decision is not made within five
working days from the date of submission to the department head, the employee may, in writing,
request his or her department head to refer his or her grievance to the Human Resource Director.
This request must be filed by the employee within five working days after receipt of the
department head's decision.
The Human Resource Director may affirm, deny, or modify the decision of the
department h ead. If the disposition of the grievance by the Human Resource Director is not
satisfactory to the employee, or if a decision is not made within five working days from the date
36
of submission to the Human Resource Director, the employee may, in writing, request that the
Human Resource Director refer the grievance to the Civil Service Board for a hearing.
4. Appeal to the City Manager: If the disposition of the grievance by the Human Resource
Director is not satisfactory to the employee, or if a decision is not made within five working days
from the date of submission to the Human Resource Director, the employee may, in writing,
request the Human Resource Director to refer his or her grievance to the City Manager. The City
Manager may affirm, deny or modify the decision of the Human Resource Director. If the
disposition of the grievance by the City Manager is not satisfactory to the employee, or if a
decision is not made within five working days from the date of submission to the City Manager,
the employee may, in writing, request the Civil Service Board hear the grievance.
Section 9. Civil Service Board Hearing: Any employee that is covered by the Civil Service
Rules who is discharged, demoted, or who claims the rules have been misinterpreted to his/her
detriment, may within five days after exhausting the appeal process as described in Section 8D of
the Civil Service Rules, request in writing, a hearing in front of the Civil Service Board. If the
employee does not choose to invoke the right of appeal within five days of the adverse
employment action, that employee will have forfeited his right to a hearing. The request for a
hearing must be in writing, shall state the matter in dispute and the requested remedy or
solution. The Board shall set a time and place for the hearing within five days of the submission.
Written notice shall be given by the Board to the employee, the department head, the Human
Resource Director and the City Manager of the time and place set for the hearing.
37
The employee shall have the burden of proof by establishing beyond the greater weight of
evidence that C ity's actions were unjustified under the provisions of the Civil Service Rules.
Both parties may present evidence which is relevant and material to the issues.
Within 48 hours after completion of the hearing, the Board shall report its findings, in
writing to the employee, the department head, Human Resource Director and City Manager. The
finding shall be inclusive and final. The Board may, in the case of dismissal or suspension, and
upon good cause shown, mitigate the City's action against an employee. If the Civil Service
Board finds that the action complained of was taken as a result of misinterpretation of these
rules, or other insufficient reason, the employee shall be reinstated to his or her position without
loss of pay.
Section 10. Employee Performance Evaluations: Employee performance evaluation relative to
the conduct, capacity and performance of all regular employees shall be made by the employee's
direct supervisor with the approval of the Department head at least once each year on the form
and in the manner prescribed by the Human Resource Director.
Section 11. Military Leave: Any officer or employee of the city who shall perform active
military service in the armed forces of the United States shall be granted leave of absence,
according to the terms of section 115.14, Florida Statutes, and such officer or employee of the
city shall have the first thirty(30) days of such leave of absence with full pay, and the remainder
without pay.
Section 12. Nepotism: No relative of a public official or employee shall be employed in the same
department as a relative or in a position supervised or under the authority of a relative, by the
city except in accordance with the terms of this division. In this section employee means every
person engaged in any employment with the city under any appointment or contract for hire,
38
express or implied, oral or written, for remuneration, including without limitation all full-time,
part-time, seasonal, permanent and temporary employees. Public official or employee means any
officer or employee of the city, specifically including members of non-compensated advisory
boards of the city. Relative means an individual who is related to the public official or employee
as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband,
wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,
stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister.
Sec. 2-39. Effect of changes in family relationships. If two(2)public officials or employees
change their family relationship by marriage, adoption or other means, so as to come in conflict
with the employment prohibitions of this division, they shall come within section 12.(Refer to
City Code).
Section 13. Overtime/Comp Time: Hourly rate (FLSA non-exempt) employees are eligible to
receive overtime or compensation time at the rate of one and one half his/her regular rate of pay
for all hours worked in excess of 40 weekly. For purposes of computing overtime or
compensation time, hours worked do not include holiday hours, sick hours, vacation or personal
hours or any other paid non-working time not mentioned herein. Employees may"cash out"
overtime or compensation hours with the recommendation of the Finance Director and approval
of the City Manager. Under no circumstances will compensation time exceed 80 hours. Earned
and unused compensation time will be paid in cash to the employee at the end of each fiscal year.
RULE 11 — SEPARATION AND DISCIPLINARY ACTION
Section 1. Resignation: Any employee wishing to leave the City Service in good standing shall
file w ith h is o r h er d epartment h ead, a t l east t wo w eeks b efore 1 caving, a w ritten r esignation
39
stating the date the resignation shall become effective and the reason for leaving. Failure to
comply with this procedure may be considered cause for denying such employee future
employment by the City. Unauthorized absence from work for a period of three working days
will be considered by the department head as job abandonment and will result in termination of
employment. Department heads shall forward all notices of resignation to the Human Resource
Director immediately upon receipt.
Section 2. Layoff: An employee may be laid off in the Classified Service whenever such action
is made necessary by reason of shortage of work or funds, the abolition of a position, or because
of changes in organization; however, no regular employee shall be laid off while there are
temporary, provisional or probationary employees serving in the same position within the
department for which the regular employee is eligible and available.
Whenever the layoff of one or more employees shall become necessary, the City
Manager shall notify the Human Resource Director at least ten days in advance of the intended
action, and the reasons therefore. The Human Resource Director shall thereupon furnish to the
City Manager the names of the employees to be laid off in the order in which such layoff shall be
effected. Any layoff shall be strictly by seniority and in accordance with Section 2.
Such layoffs shall be made within classifications (other than Fire classifications) of
positions and departments when probationary and regular employees are involved. Temporary,
provisional and part-time employees, irrespective of departments, shall be laid off, in that order,
prior to layoff of probationary or regular employees.. The order of layoff shall be determined
based on efficiency and seniority. The Human Resource Director shall prescribe the method of
computing efficiency and seniority and shall prescribe the relative weighing of each.
40
The City shall provide two weeks written notice to any employee prior to said employee
being laid off.
Section 3. Suspension: The City may, with recommendation of the department head, for
disciplinary purposes, suspend a regular employee without pay for such length of time as the
City Manager considers appropriate, but not to exceed sixty days. A written statement of the
reason for suspension shall be submitted by the department head to the Human Resource
Director for approval prior to written notice being given to the employee affected. In each
approved case such statement shall be submitted within 24 hours of the time the suspension
becomes effective, excluding Saturdays, Sundays, or general holidays, as provided by the rules
or by City Commission authorization.
A regular employee may, with the recommendation of the Human Resource Director and
approval of the City Manager, be suspended without pay for a longer period pending the
investigation or trial of any charges against him. Such employee determined to be innocent of
the charges against him may be returned to duty with full pay for the period of suspension.
Nothing contained herein prohibits such a suspension when a department head deems
such action necessary and is unable to secure the approval of the City Manager as long as such
approval is obtained within seventy-two hours of the taking of such action.
Section 4. Dismissal or Discipline: Any employee may be dismissed by the City Manager for
cause subject to the provisions of any applicable collective bargaining agreement. Human
resource Although dismissals may be based on other causes, any one or more of the
following shall be sufficient:
A. Incompetence or inefficiency in the performance of duties.
B. Conviction of any felony or of a misdemeanor involving moral turpitude.
41
C. Willful violation of any of the provisions of the Charter or these rules.
D. Willful violation of any lawful or reasonable regulation, order or direction made
or given by a superior officer where such violation has amounted to
insubordination or serious breach of proper discipline or has resulted in loss or
injury to the public.
E. Public intoxication, or drinking intoxicating liquor while on duty, or being
addicted to the use of narcotics.
F. Offensive conduct or language toward the public or fellow officers or employees,
or abusive public criticism of his or her superiors or public officials without first
taking such complaint through proper channels.
G. Carelessness or negligence in the use of property of the City.
H. Attempting to induce any officer or employee of the City to commit an act in
violation of any lawful or reasonable regulation.
I. Conduct, either while on or off duty, which reflects discredit upon the City.
J. Hindering the regular operation of the department or division because of
excessive absenteeism..
K. Being absent without leave or failing to report after leave of absence has expired.
L. Failure to notify the department head and Human Resource Director within one
working day of suspension or revocation of valid operator or chauffeur licenses
(applies only to employees whose job requires valid operator or chauffeur
license).
M. Gross or repeated failure to comply with any department rule.
42
Section 5. Demotion for inability to perform duties: The department head, with approval of the
City Manager or the Human Resource Director, may when he or she has determined a regular
employee is unable to successfully perform the duties of his or her position, demote the regular
employee to a position, the duties of which he or she is able to perform in a classification
carrying a lower compensation. Status will be given the employee in the new classification. A
written statement of the reason for demotion shall be submitted to the employee and to the
Human Resource Director.
RULE 12—AMENDMENT OF CIVIL SERVICE RULES
Section 1. Amendments: Amendments or revisions to the rules may be recommended for
adoption by the Human Resource Director, the City Manager, the Civil Service Board or by the
City commission on its own motion. Proposed amendments shall be presented at a public
hearing of the Civil Service Board for a recommendation to be presented to the City
Commission. Such amendments or revisions of the rules shall become effective as provided in a
resolution of the City Commission.
RULE 13 — SAVING CLAUSE
If any s ection o r p art o f a s ection o f these rules i s h eld b y any c ourt t o b e i nvalid o r
unconstitutional, the same shall not invalidate or impair the validity, force and effect of any other
section or part of a section of these rules unless it clearly appears that such other section or part
of a section is wholly or necessarily dependent for its operation upon a section or part of a
section held invalid or unconstitutional.
43
C I V I L S E R V I C E R U L E S
C I T Y O F D A N I A
ADOPTED BY
CeJ��2D a • � 1,—.
E.z
MARCH 22, 1988.
TABLE OF CONTENTS
RULE 1 - GENERAL PROVISIONS
Section 1 . Purpose of the Rules . . . . . . . . . . . . . . . . 1
Section 2 . Positions covered by Rules . . . . . . . . . . 1
RULE 2 - DEFINITIONS
Section 1 . Allocate . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2 . Certify . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section3 . Class . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 4 . Continous Service . . . . . . . . . . . . . . . . . . . 2
Section 5 . Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 6 . Eligible . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 7 . Eligible List . . . . . . . . . . . . . . . . . . . . . . . 2
Section 8 . Employment List . . . . . . . . . . . . . . . . . . . . . 2
Section 9 . Hearing 2
Section 10. Permanent Position 2
Section 11 . Position . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
Section 12 . Probationary Employee . . . . . . . . . . . . . . . 3
Section 13 . Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 14 . Promotional Examination . . . . . . . . . . . . . 3
Section 15 . Promotinal List . . . . . . . . . . . . . . . . . . . . . 3
Section 16 . Provisional Employees . . . . . . . . . . . . . . . 3
Section 17 . Regular Employee . . . . . . . . . . . . . . . . . . . . 3
Section 18 . Status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
Section 19 . Temporary Employee . . . . . . . . . . . . . . . . . . 3
Section 20. Temporary Position .. . . . . . . . . . . 4
Section21 . Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 22 . Written Notice . . . . . . . . . . . . . ... . . . . . . . 4
RULE 3 - ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1 . The City Commission . . . . . . . . . . . . . . . . . 4
Section 2 . The City Manager . . . . . . . . . . . . . . . . . . . . 4
Section 3 . The Personnel Director . . . . . . . . . . . . . . 5
Section 4 . The Civil Service Board . . . . . . . . . . . . . 6
RULE 4 - POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1 . The City Service . . . . . . . . . . . . . . . . . . . . 10
Section 2 . Status of Employee in the
CityService . . . . . . . . . . . . . . . . . . . . . . . . 11
RULE 5 - THE CLASSIFICATION PLAN
Section 1 . The Purpose . . . . . . . . . . . . . . . . . . . . . . . . . 11
RULE 5 - THE CLASSIFICATION PLAN (CONT.)
Section 2 . Composition of the Classification
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 3 . Class Title . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 4 . Class Specifications 13
Section 5 . Maintenance of Classification Plan . . 13
RULE 6 - THE COMPENSATION PLAN 14
RULE 7 - APPLICATIONS
Section 1 . Announcements of Examinations . . . . . . . 14
Section 2 . Filing of Applications . . . . . . . . . . . . . . 15
Section 3 . Citizenship . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 4 . Residence 15
Section 5 . Minimum Qualifications . . . . . . . . . . . . . . 15
Section 6 . Rejection of Application . . . . . . . . . . . . 16
Section 7 . Notice of Rejection of Application . . 17
Section 8 . Postponement and Cancellation of
Cancellation of Examinations . . . . . . . . 17
Section 9 . Veteran ' s Preference . . . . . . . . . . . . . . . . 17
A. Eligibility . . . . . . . . . . . . . . . . . . . 17
B. Veteran' s Preference and
Credits . . . . . . . . . . . . . . . . . . . . . . . 18
Section 10. Resident ' s Preference . . . . . . . . . . . . . . . 18
RULE 8 - EXAMINATIONS
Section 1 . Recruitment by Examination . . . . . . . . . . 19
Section 2 . Identity of Examines Concealed . . . . . . 19
Section 3 . Rating Examinations 2Q
Section 4 . Minimum Grades on Each Section . . . . . . 20
Section 5 . Notification of Results . . . . . . . . . . . . . 21
Section 6 . Inspection of Papers . . . . . . . . . . . . . . . . 21
Section 7 . Promotional Examinations . . . . . . . . . . . . 21
Section 8 . Announcement of Promotional
Examinations 22
Section 9 . Service Credit in Promotional
Examinations . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 10. Unskilled and Semi-skilled Laborers ,
Domestic, Attendant or Custodial
Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
Section 11 . Non-assembled Examinations 23
RULE 9 - ELIGIBLE LIST
Section 1 . Establishment of eligible lists . . . . . 23
Section 2 . Duration of Lists . . . . . . . . . . . . . . . . . . . 24
Section 3 . Reemployment Lists . . . . . . . . . . . . . . . . . . 24
RULE 9 - ELIGIBLE LIST (CONT.)
Section 4 . Removal of Names from Lists . . . . . . . . . 24
Section 5 . Restoration of Names to Eligible
Lists . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Section 6 . Merging Eligible Lists . . . . . . . . . . . . . . 25
RULE 10 - APPOINTMENTS
Section 1 . Procedure for Filling Vacancies . . . . . 26
Section 2 . Priority of Lists . . . . . . . . . . . . . . . . . . . 26
Section 3 . Certification from the List . . . . . . . . . 27
Section 4 . Notice of Certification . . . . . . . . . . . . . 27
Section 5 . Waiver of Certification . . . . . . . . . . . . . 27
Section 6 . Provisional Appointment . . . . . . . . . . . . . 28
Section 7 . Temporary Appointment . . . . . . . . . . . . . . . 28
Section 8 . Emergency Appointment . . . . . . . . . . . . . . . 29
Section 9 . Reinstatement . . . . . . . . . . . . . . . . . . . . . . . 29
Section 10. Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 11 . Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Section 12 . Probationary Period . . . . . . . . . . . . . . . . . 30
Section 13 . Medical Examinations . . . . . . . . . . . . . . . . 32
Section 14 . Appropriate List . . . . . . . . . . . . . . . . . . . . 33
RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1 . Hours of Work . . . . . . . . . . . . . . . . . . . . . . . 33
Section 2 . Legal Holidays . . . . . . . . . . . . . . . . . . . . . . 34
Section 3 . Vacation Leave . . . . . . . . . . . . . . . . . . . . . . 34
Section 4 . Sick Leave With Pay . . . . . . . . . . . . . . . . . 35
Section 5 . Leave With Pay . . . . . . . . . . . . . . . . . . . . . . 37
Section 6 . Leave Without Pay . . . . . . . . 38
Section 7 . Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 8 . Employee Rights of Appeal . . . . . . . . . . . 40
A. Appeal Procedure . . . . . . . . . . . . . . 42
B. Time Factors . . . . . . . . . . . . . . . . . . 43
Section 9 . Presentation of Employee
Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . 43
A. Policy . . . . . . . . . . . . . . . . . . . . . . . . 43
B. Purpose . . . . . . . . . . . . . . . . . . . . . . . 43
C. Definition of Grievance . . . . . . . 44
D. Procedure for Presentation
ofGrievance . . . . . . . . . . . . . . . . . . 44
1 . Discuss with
Supervisor . . . . . . . . . . . . . . 44
2 . Appeal to Department
Head . . . . . . . . . . . . . . . . . . . . 45
3 . Appeal to City Manager . . 46
4 . Appointment of
Grievance Committee . . . . . 46
5 . Decisions of Grievance
Committee . . . . . . . . . . . . . . . 47
RULE 11 — GENERAL PERSONNEL POLICIES AND PROVISIONS (CONT. )
E. Appeal to the Civil Service
Board . . . . . . . . . . . . . . . . . . . . . . . . . 47
Section 10. Employee Performance Rating . . . . . . . . . 48
RULE 12 — SEPARATION AND DISCIPLINARY ACTION
Section 1 . Resignation . . . . . . . . . . . . . . . . . . . . . . . . . 48
Section 2 . Layoff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Section 3 . Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . 50
Section 4 . Discissal or Discipline . . . . . . . . . . . . . 51
Section 5 . Demotion for Inability to Perform
Duties 53
RULE 13 — AMENDMENT OF CIVIL SERVICE RULES
Section 1 . Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 53
RULE 14 — SAVING CLAUSE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53
RULE 1 — GENERAL PROVISIONS
Section 1 . Purpose of these rules : These rules set forth the
principles and procedures that are to be followed by the City in
its personnel program to the end that the City and its employees
may have assurance that personnel will be dealt with on an
equitable basis , and that the citizens of Dania may derive the
benefits and advantages which can be expected to result from a
competent staff of City employees .
Section 2 . Positions covered by these rules : These rules shall
apply to all positions and offices in the City Service excepting
those of the City Manager , Assistant City Manager , City Attorney,
Assistant City Attorney, Public Works Director , Recreational
Director , Police Chief , City Clerk, Fire Chief , and any other
Department Head designated by the City Commission .
RULE 2 — DEFINITIONS
Section 1 . Allocate shall mean the act of assigning each position
to its proper class .
Section 2 . Certify shall mean the act of the Personnel Director ,
in supplying a department head with the names of applicants who
are eligible for appointment to the class and positions in the
classified service for which certification is requested .
Section 3 . Class shall mean a position or group of positions
having similar duties and responsibilities , requiring similar
qualifications , which can be properly designated by one title
indicative of the nature of the work and which carry the same
1
salary range.
Section 4 . Continuous service shall mean employment in the
classified service which is uninterrupted except for authorized
leave of absence , suspension or separation due to lay- off ;
however , time lost due to leave of absence , suspension or lay-off
shall be deducted in the determination of length of continuous
service . Authorized paid leave of absence shall be included as a
part of continuous service.
Section 5 . Demotion shall mean the assignment of an employee to
a position in a lower class having a lower maximum salary than
the class from which the assignment is made .
Section 6 . Eligible shall mean a person listed on an active
eligible list .
Section 7 . Eligible list shall mean an employment list ,
promotional list , reemployment list or reinstatement list .
Section 8 . Employment list shall mean a list of persons who have
been found qualified by an entrance examination for appointment
to a position in a particular class .
Section 9 . Hearing means a public hearing held after public
notice , at which any person may have a reasonable opportunity to
be heard .
Section 10. Permanent position shall mean any position vacant or
filled which is designated as such by the budget or by the City
Manager .
Section 11 . Position shall mean a group of duties assigned to
one person or job .
2
f
Section 12 . Probationary employee shall mean any employee who
is serving his probationary period prior to being regularly,
appointed to a permanent position and class in the classified
service for a period of One (1) year .
Section 13 . Promotion shall mean the assignment of an employee
to a position in a higher class having a higher maximum salary
than the position from which assignment is made .
Section 14 . Promotional examination means an examination or
group of examinations for a position in a certain class ,
admission to which is limited to employees in the classified
service , who hold permanent positions in another class .
Section 15 . Promotional list shall mean a list of persons who
have been found qualified by a promotional examination for
appointment to a position in a particular class .
Section 16 . Provisional employees shall mean employees filling a
position in the classified service without competition pending
the establishment of an eligible list .
Section 17 . Regular employee shall mean an employee who has been
appointed to a permanent position in the classified service in
accordance with the provisions of the rules after completing a
probationary period . They shall also gain status in that class
to which appointed .
Section 18 . Status is a condition acquired by an employee giving
rights , in the manner the rules set forth , to a class .
Section 19 . Temporary employee shall mean an employee holding a
position other than permanent , except as provided in the Rules ,
3
which is of a temporary, seasonal , casual or emergency nature .
Section 20 . Temporary position shall mean all positions that are
not designated permanent .
Section 21 . Vacancy shall mean a position existing or newly
created , which is not occupied , and for which funds are
available, and for the filling of which a valid requisition has
been received by the Personnel Director .
Section 22 . Written Notice under these rules shall be by
certified mail , return receipt requested , and written notice
shall also be effective if the return receipt is marked " refused"
or "unclaimed " by the postal service.
RULE 3 - ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1 . The City Commission: The City Commission shall :
A. Approve the Civil Service Rules .
B. Approve the pay plan and all amendments thereto.
C. Make and confirm appointments to and remove from
positions specified by the City Charter .
Section 2 . The City Manager : The City Manager shall :
A . Be responsible to the City Commission for the
administration of the personnel system subject to these rules .
B. Appoint or remove all subordinate officers and employees
subject to the provisions of these rules excepting those to be
appointed and removed by the City Commission .
C. Perform such other duties and have and exercise such
other powers in personnel administration as may be prescribed by
4
3
r
law and these rules .
D . Provide a Recording Secretary to the Civil Service
Board , but subject to approval of the Board .
Section 3 . The Personnel Director : The City Commission may
appoint , in accordance with the provisions of the City Charter a
Personnel Director or administrator who shall be responsible to
the City Manager for the administrative and technical direction
of the city personnel program. He or she shall be known as the
Personnel Director and shall :
A. Administer the provisions of these rules .
B. Develop and administer such recruitment and examination
programs as may be necessary to obtain an adequate supply of
competent applicants to meet the needs of the City Service .
C . Prepare and recommend a Classification Plan and
amendments to the Classification Plan so that it will reflect on
a current basis the duties being performed by each employee in
the city service and class to which each position is allocated .
D. Administer the pay plan including the periodic review
of salary and wage levels in the area to the ex tent that such
levels affect city employment and the periodic investigation of
factors affecting the economic level of salaries and to make
recommendations for amendments to the pay plan .
E . Provide a system of checking pay rolls , so as to
determine that all persons in the City Service have been properly
appointed and are being paid in accordance with these rules .
F . Provide for the establishment and maintenance of a
5
roster of all employees in the city service.
G. Provide such forms and procedures as he may consider
necessary, appropriate , or desirable to carry out the personnel
program.
H . Develop and establish in cooperation with the City
Manager and the various department heads such training and
educational programs for employees in the city service as
conditions warrant .
I . Prepare annual reports regarding the work of the
department .
J . Attend all meetings of the Civil Service Board .
K . Perform such other activities with reference to
personnel administration not inconsistent with the City Charter
or these rules , as may be deemed necessary or desirable to
enforce the provisions of these rules , as the City Manager may
direct , or as may be required by ordinance.
L . Prepare and recommend such rules or "amendments to the
rules as may be necessary or advisable to carry out the intent
and purposes of the city personnel program.
Section 4 . The Civil Service Board : The Civil Service Board
shall consist of five regular members , with three alternate
members to serve in the absence of regular members who shall be
appointed as follows :
A . Two regular members and one alternate member for said
two members shall be appointed by the City Commission . In April
1987 only , the two commission appointees shall be appointed for a
6
three year and a one-year term; and the alternate shall be
appointed for a one-year term . Thereafter all commission
appointees shall be for a four-year term.
B . Two members and one alternative member shall be
recommended for appointment by the regular employees of the City
of Dania . In connection with such recommendation , the regular
employees shall conduct an election or vote which may be informal
in nature , to determine the members who shall be recommended for
appointment by the regular employees of the City of Dania . In
April 1987 only, the employee appointee with the greatest number
of votes shall serve a three-year term and the employee appointee
with the second greatest number of votes shall serve a one-year
term and the alternate shall serve a one-year term. Thereafter ,
all terms for the two employee appointees and the one employee
alternate shall be for four-year terms .
C. As to the fifth member and his or her alternate , the
City Commission shall present three names to the regular
employees of the City of Dania . Thereafter , the regular
employees shall conduct an election or vote , which may be
informal in nature, to approve , and recommend for appointment ,
one of the three names presented by the City Commission . In
considering the vote of the regular employees as to such three
names , the person receiving the highest vote will be recommended
for appointment as a regular member of the board . The person
receiving the next highest vote shall be appointed as the
alternate member for the person receiving the highest vote .
7
r
Neither the said regular member nor the alternate needs to
receive a majority vote . In April 1987 only, the fifth member
shall be appointed for a three year term and the alternate for
the fifth member shall be appointed for a one-year term .
Thereafter , the fifth member , and his or her alternate , shall
serve for a four year term or terms .
D . All five members and the alternates , who shall be
elected as aforesaid , shall be appointed by a resolution of the
City Commission for the term as outlined above . The aforesaid
alternate members shall serve only in the absence of the regular
members for which he or she is the alternate member . The
alternate members cannot serve as an alternate for an absent
3
member not in his or her elected and/or appointed category.
In the event a member vacates his or her seat on the board ,
before his or her term expires , the City Commission shall appoint
another member to complete the unexpired term of said member
within thirty ( 30) days , in accordance with the procedures
outlined in these civil service rules .
No member of the Board may be removed by the Commission
prior to the expiration of the term for which appointed , except
for cause or failure to meet the qualifications set forth in the
rules , and only then after said member has been provided written
charges and afforded an opportunity for a public hearing by the
City Commission . Removal shall be by Resolution adopted by the
City Commission .
Any Board member who is absent without cause from three ( 3 )
8
i
f
meetings in any twelve (12 ) month period , will be automatically
removed from the Board .
The Board shall elect from its regular members , a
Chairperson and Vice-Chairperson , who shall serve at the will of
the Board . The Board shall meet at such times and places as
shall be specified by the Chairperson , or upon the request of a
majority of the regular members of the Board . All meetings shall
be open to the public . A quorum shall consist of three ( 3 )
members . Any decision , ruling or official action by the Board
shall require an affirmative vote by three (3) members .
E. It is the principle function of the Board to serve in an
appellate and advisory capacity in the administration of the
personnel program. It is the duty of the Civil Service Board and
it shall have the power to:
a . Hear appeals of any regular employee in the method
provided in these rules .
b . Represent the public interest in 'the improvement of
personnel administration in the City ,Service .
c . Advise the commission , the City Manager and the
Personnel Director on problems concerning personnel
administration .
d . Advise and assist the Personnel Director in
fostering the improvement of personnel standards in the City
Service .
e . Make any inquiry which it may consider desirable ,
concerning the administration of personnel in the City Service
9
and to review any personnel action which may appear to be
arbitrary, capricious or illegal and make recommendations to the
personnel director with respect thereto.
f . Make annual reports , and such special reports as it
considers desirable , to the Commission and to the City Manager
concerning personnel administration in the city service and
recommendations for improvement therein .
g . Adopt the Classifications Plan and proposed
amendments or revisions thereto .
RULE 4 - POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1 . The City Service: The City Service shall comprise all
offices and positions in the City employ, now existing or
hereafter created . The City Service is divided into the exempt
and classified services :
A. The exempt service shall consist of :
a . City Commissioners .
b. The City Manager and/or Acting City Manager .
C. Assistant City Managers .
d . Public Works Director , Recreational Direc-tor ,
Police Chief , City Clerk , Fire Chief and any other department
head designated by the City Commission .
e. The City Attorney and Assistant City Attorneys .
f . Consultants , counsel , architects , auditors , board
and committee members and the like rendering temporary
professional services for pay or not for pay. Exempt personnel
10
may not be assigned the duties of a vacant classified position
except in accordance with Civil Service Rules and Regulations .
B . The classified service shall comprise all other
positions now existing or hereafter created not specifically
included in the exempt service .
Section 2 . Status of employees in the City Service : All
persons , excepting part time or temporary employees , holding
positions in the classified service on the effective date of
these rules , and whose positions normally involve continuous year
round full time service , shall be full time classified service
employees . This excludes persons designated on Page 1 , as
follows : City Manager , Deputy City Manager , City Attorney,
Assistant City Attorney, City Prosecutor , Public Works Director ,
Police Chief , City Clerk, Fire Chief , Personnel Director , Chief
Building Official and those appointed by the City Commission.
All persons holding positions in the classified service
which do not involve continuous year round full time service
shall be considered as temporary employees .
ROLE 5 - THE CLASSIFICATION PLAN
Section 1 . The purpose : The classification plan provides a
complete inventory of all positions in the City Service and
accurate descriptions and specifications for each class of
employment . The plan standardizes titles , each of which is
indicative of a definite range of duties and responsibilities and
has the same meaning throughout the City Service .
11
section 2 . Composition of the Classification Plan : The
Classification Plan consists of:
A. Classes of positions which are established by grouping
positions which are basically similar in the kind of work and
level of difficulty and responsibility, which require similar
experience and training at time of recruitment , and which may be
compensated fairly from within the same range of pay under
similar working conditions .
B . Class titles which are descriptive of the work performed
and which identify each class .
C. Written class specifications for each class of positions
which contain a description of the nature of the work of the
relative responsibility of the positions in the class , examples
of work which are illustrative of duties of positions allocated
to the class , requirements of work in terms of knowledge ,
abilities and skills necessary for performance of the work , and a
statement of experience and training desirable for recruitment
into the class .
D . An allocation list showing the class title of each
position in the City Service.
Section 3 . Class title : Class titles shall be used in all
personnel , accounting , budget , appropriation , and financial
records . No person shall be appointed to , or employed in , a
position in the classified service under a title not included in
the Classification Plan . Titles used in the course of
departmental routine to indicate authority , status in the
12
organization , or administrative rank may continue to be used for
such purposes .
Section 4 . Class specifications : Specifications are to be
interpreted in their entirety and in relation to his or hers in
the Classification Plan . Particular phrases or examples are not
to be isolated and treated as a whole definition of the class .
Specifications are deemed to be descriptive and explanatory of
the kind of work performed and not necessarily inclusive of all
duties performed .
Section 5 . Maintenance of the Classification Plan : The Personnel
Director is charged with the responsibility for the proper and
continuous maintenance of the Classification Plan so that it will
reflect on a current basis the duties being performed by each
employee in the City Service and the class to which each position
is allocated .
The Personnel Director shall report the Classification Plan
in writing to the Civil Service Board within ninety days of the
end of each fiscal year and no later than December 31st , of each
year .
The Personnel Director shall periodically review the
classification of positions and upon the basis of his or her
investigation , he or she shall recommend to the Civil Service
Board appropriate and necessary amendments to the Classification
Plan in the form of new classes , revisions of existing classes
and the abolition of classes no longer required in the plan .
Such recommended amendments shall be effective when approved by
13
the Board , or the thirtieth day after being recommended to the
Board , providing that prior thereto the Board shall not have
disapproved them.
Allocations and reallocations within the approved
Classification Plan shall be made as follows :
A . The Personnel Director shall study the duties and
responsibilities of each new position as it is created and on the
basis of this study place the position in the appropriate class
within the Classification Plan for the duties to be performed .
B. Changes in the duties and responsibilities of a position
involving either the addition of new assignments or the taking
away or modification of existing assignments shall be reported to
the Personnel Director by department heads . If these are
determined `.o be permanent , are more than minor changes , and
justify a reallocation to a different classification , the
Personnel Director shall , after affording to the employee
affected the opportunity to be heard , by giving them ten days
written notice and with consent of the City Manager and approval
of the Civil Service Board , place such position in its
appropriate class .
RULE 6 - THE COMPENSATION PLAN
(See Current Pay Plan)
RULE 7 - APPLICATIONS
Section 1 . Announcement of examinations : Public notice of
14
entrance examinations shall be given at least two weeks in
advance of the examination by publication in at least one daily
newspaper of general circulation in the City , by posting an
examination announcement on the City Hall bulletin board and in
such other places and such other manner as the Personnel Director
may deem advisable.
Section 2 . Filing of application : All applicants for positions
in the classified service must file written application on the
form prescribed by the Personnel Director within the time limit
fixed in the examination announcement . Defective applications
may be returned to the applicant with a notice to amend the same .
Amendments or corrections must be made within the time limit
fixed by the Personnel Director .
Section 3 . Citizenship: All applicants must be citizens of the
United States or have proper working documents in accordance with
the equal protection clause of the Fourteenth Amendment of the
United States Constitution .
Section 4 . Residence : There shall be no requirement of
residence for filing application for a position in the classified
service .
Section 5 . Minimum Qualifications : The Personnel Director may,
after consultation with the department heads concerned , prescribe
such limits of age and such other specific requirements , physical
or otherwise , as in his judgment are required by the nature of
the work to be performed . Such requirements shall be shown in
the examination announcement .
15
Section 6 . Rejection of application : The Personnel Director
shall reject any application or applicant when he has determined:
A . That the application was not filed within the period
specified in the examination announcement or was not filed on the
prescribed form.
B . That the applicant lacks any of the required
qualifications set forth in the examination announcement .
C . That the applicant is physically unfit to perform
effectively the duties of the position in which he seeks
employment .
D . That the applicant is addicted to the habitual and
excessive use of drugs or intoxicating liquor or has been
convicted of a misdemeanor involving moral turpitude or of a
felony.
E . That the applicant has made a false statement of a
material fact , or practiced or attempted to practice any fraud or
deception in his application or test , or in attempting to secure
appointment . If appointed , the Personnel Director may cancel the
certification and in effect cancel the appointment .
F. That the applicant was previously in the City Service
and was removed for cause or resigned not in good standing .
G . That the applicant , after notification , did not promptly
present himself at the time and place designated for the
examination .
H . That the applicant has a work record from previous
employers not consistent with the standards expected of a . city
16
employee .
Section 7 . Notice of rejection of application: Whenever an
application or applicant is rejected , notice of such rejection
and the reasons for the action shall be given to the applicant by
the Personnel Director .
Section 8 . Postponement and cancellation of examinations: Any
examination may be postponed or cancelled at the discretion of
the Personnel Director . In either case each applicant shall be
notified of the postponement or cancellation and the reasons for
the action .
Section 9 . Veteran' s preference:
A . Eligibility : The City of Dania shall give preference
points in open competitive entrance examinations to the following
persons , provided that such person has obtained a passing score
on the examination for the position .
1 . Those disabled Veterans who have served on active
duty in any branch of the Armed Forces of the United States ; who
have been separated therefrom under honorable conditions ; and who
have established the present existence of a service- connected
disability which is compensable under public laws administered by
the U . S . Veterans Administration , or who are receiving
compensation , disability retirement benefits , or pension by
reason of public laws administered by the U . S . Veterans
Administration and the Department of Defense .
2 . The spouse of any person who has a total
disability , permanent in nature , resulting from a service-
17
connected disability and who , because of this disability, cannot
qualify for employment , and the spouse of any person missing in
action , captured in the line of duty by a hostile force, or
forcibly detained or interned in the line of duty by a foreign
government or power .
3 . A veteran of any war who has served on active duty
for 181 consecutive days or more and who was discharged or
separated therefrom with an honorable discharge from the Armed
Forces of the United States of America , if any part of said
active service was performed during the wartime era . However ,
active duty for training shall not be allowable .
4 . The unremarried widow or widower of a Veteran who
died of a service connected disability.
B. Veteran ' s preference and credits : Any such veteran
taking an open competitive examination shall receive five (5 )
points credit added to the passing earned rating resulting from
his examination. To receive such credit , a certificate or other
authentic proof of service and honorable discharge must be shown
at the time of filing application .
Section 10 . Resident ' s preference : Those persons who are
currently residents of the City of Dania and whose current
residence in the City of Dania has been continuous for a period
of one or more full years , and who present satisfactory proof of
such residence , and who receive a passing grade on entrance
examinations shall have two additional points added to such
grade .
18
i
ROLE 8 - EXAMINATIONS
Section 1 . Recruitment by examination : All appointments in the
classified service shall be made according to merit and fitness .
Merit and fitness shall be ascertained by competitive
examinations which shall be prepared by or under the direction of
the Personnel Director . All examinations shall be impartial and
shall relate to those matters which will test fairly the capacity
and fitness of the applicants to discharge efficiently the duties
of the position to be filled .
Examinations must be assembled except as provided for in
Section 10 , dealing with unskilled and semi- skilled laborers ,
etc. on page 24 of these rules , and section 11 dealing with non-
assembled elections , and may include written , oral , physical
tests , performance tests , ratings or training and experience or
any combination of these. They may take into consideration such ,
factors as education , experience , aptitude, knowledge , character ,
physical fitness or any other qualifications or attributes which ,
in the judgment of the Personnel Director , enter into the
determination of the relative fitness of applicants . Promotional
examinations shall take into consideration the quality and length
of employment , in addition to any or all of the above factors .
Section 2 . Identity of examines concealed : Any person who takes
an examination under this section shall only be notified of
whether or not they passed or failed . No person , including any
examiner shall be provided with the scores on any other part of
examination until the final score is tallied . The identity of
19
all persons taking a competitive written test shall be concealed
from the examiners by the use of an identification number which
shall be used on all examination papers . This number shall be
used from the beginning of the examination until all test papers
have been rated . Any papers carrying the name of the applicant ,
or any other identification mark , or any applicant who reveals
his identification number to the Personnel Director or to any
member of his staff , directly or indirectly , shall be
disqualified and the applicant so notified .
Section 3 . Rating examinations : Appropriate scientific
techniques and procedures shall be used in rating results of
examination and in determining the relative ratings of the
competitors . Final examination grades shall be expressed on a
scale of 100 for maximum possible attainment and a score of 70
shall be the required passing grade. In the case of promotional
examinations service credit shall be in addition to the above.
The final ratings of successful competitors who have attained a
passing score of 70 or above shall be rounded- off to whole
numbers according to the following : . 50 and above , the next
highest rating ; below .50, the next lower rating : i .e . , 81 .5-82 ,
81 . 49-81 .
Section 4 . Minimum grades on each section : Each applicant must
pass the written examination before they can proceed to take any
subsequent part of the examination . The Personnel Director may
determine the minimum qualifying standard for any part or parts
of an examination . Any applicant who fails to attain at least
20
this minimum grade shall be considered to have failed the
examination and shall not be examined on any further parts , if
any are planned .
Section 5 . Notification of results : Each applicant taking an
examination shall be given written notice of the results thereof ,
and if successful , written notice of his final earned rating and
his relative position on the list .
Section 6 . Inspection of papers : Any applicant shall have the
right to make one personal inspection of his examination papers
within one month from the date of establishment of the list . An
applicant shall have the right to take with him to examine his
test a person of equal rank that took the same exam. All
examination papers shall be destroyed in accordance with Chapter
119 , Florida Statutes . A manifest error in rating a test or test
procedure shall be corrected if called to the attention of the
Personnel Director within the inspection period . All persons
shall be placed in their proper position on said list .
Section 7 . Promotional examinations : Vacancies in higher
positions in the classified service shall be filled by the
promotion of employees in the service from an eligible list ,
established by competitive examination . Whenever , in the
judgment of the City Manager and Personnel Director , after
written examinations have been given and are unsatisfactory , and
it is in the best interests of the City not to promote within the
service , this requirement may be waived by the administration
petitioning the Civil Service Board within thirty (30) days for
21
an exception, with due notice to all affected employees .
If part of the examination will be an oral examination, then
no City employee shall be a member of the oral examination board .
When the determination is made that there will be a
promotional examination , the Personnel Director shall designate
the lower class from which promotion is to be made and shall
establish the required period of service in this class , which
shall be not less than one full year . If none of the applicants
in the lower class pass the promotional examination , then the
Personnel Director shall designate the next lower class from
which promotion is to be made and shall establish the required
period of service in this class . The Personnel Director may also
prescribe other reasonable requirements in the examination
announcement . Any aggrie�!ed person may appeal the reasonableness
of said requirements to the Civil Service Board within ten ( 10)
calendar days after the posting of such requirements .
Section 8 . Announcement of promotional examinations : All
promotional examinations shall be publicized at least thirty ( 30)
days in advance of the examination by posting announcements on a
bulletin board in the City Hall , and work sites , and such other
places and in such other manner as the Personnel Director deems
advisable . Copies of all such announcements shall be furnished
the departments affected .
Section 9 . Service credit in promotional examinations : Regular
employees who receive a passing grade in promotional examinations
shall have a credit for continuous City Service added to such
22
grade which shall be computed as follows : One fourth of one
point shall be added for each full year of uninterrupted service
up to a maximum of twenty years of such service .
Section 10 . Unskilled and semi-skilled laborers , domestic ,
attendant or custodial work : Unskilled and semi-skilled
laborers , domestics , attendants or custodial workers may be
appointed after such non-competitive and non-assembled tests of
fitness as the Personnel Director may prescribe.
Section 11 . Non-assembled examinations :
A. Whenever the Personnel Director determines that possible
applicants are not available in sufficient numbers to justify
holding assembled examinations , he may conduct examinations for
such classes on a continuous non-assembled basis .
B. The names of successful applicants shall be placed on
the appropriate eligible list in order of their relative grades
without reference to priority of time of examination .
C. A person who competes in or is disqualified from a non-
assembled examination for a particular class is eligible to
compete in another examination for the same class after an
elapsed time as determined by the Personnel Director .
RULE 9 - ELIGIBLE LISTS
Section 1 . Establishment of eligible lists : The Personnel
Director shall establish and maintain such eligible lists for the
various classes of positions as are necessary to meet the needs
of the service . Each such list shall contain the names of those
23
persons who are deemed by virtue of the examination process to be
qualified to perform the duties required in the specific class .
Such persons shall be notified and take rank upon such lists in
the order of their relative grades as determined by Rule 8 ,
Section 3 .
Eligible applicants attaining the same score shall be
considered to have the same rank on the eligible list .
Section 2 . Duration of lists : The duration of each eligible
list , and the names appearing thereon , shall be no more than one
year , except the Personnel Director may extend the period for an
additional three months for just cause .
Section 3 . Reemployment lists : Any regular employee who has
been involuntarily separated from the City Service without fault
or delinquency on his part shall have his name placed on a
reemployment list for the same class of position he held at the
time of separation . The name of such employee shall be placed
upon the list in the order of his total continuous time served in
the class . Such employee shall be eligible for reemployment for
a period of two years from the date of separation .
Section 4 . Removal of names from lists : The Personnel Director
may at any time remove the name of an eligible from the list for
any one or more of the following causes :
A. At the request of the eligible.
B . Failure to respond to notice to appear for interview
within the time specified in such notice .
C. Refusal of permanent appointment .
24
D. Failure to notify the Personnel Director of a change of
address .
E . Appointment to a permanent position through
certification from a list for another class at the same or higher
salary.
F . The making of any material false statements on his
application .
G . In the case of promotional lists , upon separation , other
than layoff , from the City Service .
H . In any case where the Personnel Director finds that an
eligible is or has in any manner become disqualified for the
class for which he is listed , in accordance with Rule 7 , Section
6 of these rules .
Section 5 . Restoration of names to eligible lists : Whenever any
s person' s name is removed from an eligible list for any one or
more of the causes mentioned in the preceding section , he shall
immediately be notified thereof unless his whereabouts are
unknown . Such person may , within five days from the date of
removal , make a written request to the Personnel Director for
restoration of his name to such list for the duration of his
eligibility. The request shall set forth the reasons for the
conduct resulting in removal of the name from the list and shall
also state the basis for restoration of the name to the eligible
list . The person shall be notified of the Personnel Director ' s
action .
Section 6 . Merging Eligible Lists : Whenever an eligible list is
25
reduced to less than three (3) persons , and/or in the opinion of
the Personnel Director it is desirable to hold a subsequent
examination while an eligible list exists , the Personnel Director
may merge the two lists according to scores . All persons whose
names appear on the existing list shall have the opportunity to
compete in the second examination . Any person on such existing
list who takes the second examination shall be given standing on
the merged lists according to the higher grade received on either
exam. This provision shall deal with entrance examinations only.
RULE 10 - APPOINTMENTS
Section 1 . Procedure for filling vacancies : All vacancies in
the classified service shall be filled by original appointment ,
promotional appointment , provisional appointment , re-employment ,
reinstatement , transfer or demotion . Whenever a vacancy is to be
filled , the department head shall make a request to the Personnel
Director for eligibles for appointment to the class position for
which the vacancy exists . Such requisition shall be upon the
form provided by the Personnel Director . If the position is
permanent , the Personnel Director shall certify to the department
head the proper number of names from the appropriate list or
authorize some other kind of appointment as provided in these
rules .
Section 2 . Priority of lists : Certification shall be made from
existing lists in the following order of preference:
1 . Re-employment lists .
26
t
2 . Promotional lists .
3 . Employment lists .
4 . Reinstatement lists .
Reinstatement lists may rank before or after employment lists at
time of certification by specific request of the appointing
authority .
Section 3 . Certification from the list : Upon receipt of a valid
requisition for an eligible to fill a vacancy the Personnel
Director shall certify to the requesting department head the
names and addresses of the eligible on the list for the class who
qualify under the Rule of Three Scores and have indicated a
willingness to accept appointment .
The " Rule of Three Scores provides that the names
,associated with the three highest scores determined by Rule 8 ,
Section 3 and Rule 9 , Section 1 , shall be certified to a vacancy;
the names within the next highest scores being certified for each
additional vacancy, provided however , that a fewer number may be
certified when there is not the required number on the list . A
person may not be skipped over more than once and shall receive
a full written explanation prior to the list being posted .
Section 4 . Notice of certification to the eligible: Whenever
the name of an eligible is certified the eligible shall be sent
written notice of this certification by certified mail . Such
notice shall state the time within which he must report for an
interview.
Section 5 . Waiver of certification : An eligible may waive
27
i
certification upon filing reasons satisfactory to the Personnel
Director . Waivers must be filed with the Personnel Director
within five days from the date of notification of certification
and , if approved , the name of such eligible shall not be
certified until waiver has been withdrawn upon written request
therefor . Failure to execute a satisfactory waiver or to report
for interview within the time indicated shall be deemed
sufficient cause for removing the name of such eligible from the
list .
Section 6 . Provisional appointment : Whenever there are urgent
reasons for filling a regular position in a class for which
appropriate lists or the required number of eligible areas not
then available , the Personnel Director may authorize the vacancy
to be filled by a provisional appointment .
In such case , preference for provisional appointment shall
be given first to persons whose names are on appropriate lists;
secondly , to persons in the City Service whom the Personnel
Director finds to be qualified ; thirdly , to persons who have
applied to appointment as regular employees and whom the
Personnel Director believes to be qualified .
Provisional appointments shall be terminated at such time as
the required certification and appointment can be made from a
list and shall be for not longer than one year .
Section 7 . Temporary appointment : Temporary appointments may be
made of persons whose employment is expected to be of a seasonal
nature , or whose services are required to a special job or
28
project , and when it is expected that the services of such
persons will be no longer necessary at the close of the season ,
or upon completion of such special job or project for which they
have been appointed . Temporary appointments may also be made to
fill vacancies resulting from regular employees being on
authorized leave of absence .
Such appointments shall be made from the appropriate lists
insofar as practicable and shall be for a specific period. The
acceptance of such appointment by an eligible shall not affect
his standing on the list for permanent appointment .
Section 8 . Emergency appointment : Emergency appointments may be
made by the City Manager or his designee in case of riot ,
conflagrations or other emergency which threatens life, property
or the general welfare of the City. Such apj:ointments shall
continue only during the period of such emergency and shall not
continue longer than thirty calendar days .
Section 9 . Reinstatement : Any regular employee who has resigned
in good standing may, within two years from the effective date of
his resignation , at his written request , and with the approval of
the City Manager and the Personnel Director , and with
recommendation of the appointing authority , be reinstated to a
vacancy provided there are no regular employees who have been
laid off and whose names appear on the re-employment list for the
class . Such reinstatement employees shall be treated as a new
entrant .
Section 10 . Transfer : A position may be filled by transferring
29
an employee from another position of the same class or similar
class with essentially the same basic qualifications , excepting
that in no case shall an employee be transferred to a class
having a higher maximum salary than the class from which the
transfer is made . Transfers must be approved by the department
heads affected , the Personnel Director , and so far as
practicable , the employee concerned , and shall be executed on the
prescribed form .
Section 11 . Demotion :
A. A position may be filled by the demotion of a regular
employee in accordance with the procedure for demotion as
outlined in Section 5 of Rule 12 .
B. An employee may also be demoted upon his own initiative
with the approval of the Personnel Director and department head
f
concerned and shall receive status in the new class , if he has
status in present class .
Section 12 . Probationary period : The probationary period shall
be regarded as an integral part of the examination process and
shall be utilized for closely observing the employee ' s work, for
securing the most effective adjustment of the new employee to his
position , and for rejecting any employee whose performance does
not meet the required work standards .
All appointments shall be probationary and subject to a
probationary period of one year after appointment , except those
positions filled through promotion . In such case , probationary
period shall then be six months . The Personnel Director may
30
f
l .
grant status to persons appointed from reemployment lists or
through transfer without a probationary period .
The department head shall make such probationary reports
every three months during an employee' s probationary period and ,
as the Personnel Director may require , and shall notify the
Personnel Director at least ten calendar days prior to completion
of the probationary period whether the services of the employee
have been satisfactory and whether he will continue the employee
in his position . Such notice shall be on the prescribed form and
a copy shall be given to the employee . At any time during the
probationary period , the City Manager , upon the recommendation of
the appointing authority , may remove an employee whose
performance does not meet the required work standards , provided
that he shall notify the employee and the Personnel Director of
the reasons for such action . The Personnel Director may
reinstate the employee to the eligible list should such action
appear to be in the best interest of the City. If an employee
promoted to a higher class as a result of appointment from a
promotional list is found unsuited for the work of the class
during the probationary period , he shall be reinstated to a
position in the class from which he was promoted .
In cases where a Broward County or State of Florida
Certified School , Academy, or training course is required , the
one ( 1 ) year probation will not begin until the successful
completion of the training program and as the program may be
modified by the City of Dania , but in all cases the probation
31
period shall not exceed fifteen months .
Section 13 . Medical examinations : Applicants for positions in
the City Service may be required to undergo a medical examination
to determine physical and mental fitness to perform work in the
position to which appointment is to be made. If such employee
voluntarily resigns within the first six months then he shall
reimburse the City for the costs of said medical examination .
All employees of the City , during their period of
employment , may be required by their department head , with the
approval of the Personnel Director , to undergo periodic medical
examinations to determine their physical and mental fitness to
perform the work of the position in which they are employed .
Such periodic medical examinations shall be at no expense to the
employee .
Determination of physical or mental fitness will be by a
physician or physicians designated by the Personnel Director .
When an employee of the city is reported by the examining
physician to be physically or mentally unfit to perform work in
the position which he is employed , such employee may, within five
days from the date of his notification of such determination by
the examining physician , indicate in writing to the Personnel
Director his intention to submit the question of his physical or
mental unfitness to a physician of his own choice . In the event
there is a difference of opinion between the examining physician
and the physician chosen by the employee , then a physician shall
be mutually designated by the examining physician and the
32
physician chosen by the employee whose decision shall be final
and binding as to the physical or mental fitness of the employee
to perform the work of the position in which he is employed.
Applicants and eligibles determined to be physically or
mentally unfit for service shall not be considered for
appointment . An employee finally determined to be physically or
mentally unfit to continue in the position in which he is
employed may be demoted in accordance with these rules or
separated from the service.
Section 14 . Appropriate list : The Personnel Director may
certify to a vacancy other than promotional vacancies , applicants
from eligible lists of classes other than the class or vacancy,
if , in his or her judgment , the lists are appropriate due to
.similar qualifications and/or examination and a higher
classification than the class of vacancy , and there is an
insufficient list for the specific class vacancy .
RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1 . Hours of work : (See current Pay Plan) The City
Manager shall establish hours of work , which , insofar as
practicable , shall be within uniform occupational groups , which
shall be determined in accordance with the needs of the public
who may be required to do business with various City departments .
Employees who work over stipulated hours whenever necessity
demands additional service of an occasional nature shall be
compensated at the overtime rate of or given compensatory time
33
off in accordance with State and Federal Law. Employees shall be
paid for legal holidays . Hourly rate employees must work their
regular work days immediately before and after the holiday in
order to receive pay for the holiday. Parttime employees shall
not be entitled to holidays with pay.
Section 2 . Legal holidays : Legal holidays to be observed by the
City ' s employees unless such employees are required to be on
regular duty are: New Years Day, Memorial Day, Independence Day,
Labor Day , Thanksgiving Day and Christmas Day, and such other
days as may be designated from time to time by the City
Commission . When a holiday falls on a Saturday and a Sunday the
following Monday shall be declared a holiday for city employees .
Section 3 . Vacation leave: On and after the date of adoption of
these rules each regularly employed full time City of Dania
employee shall be entitled to vacation leave in accordance with
the following schedule:
LEAVE OF REGULAR FULL TIME EMPLOYMENT VACATION LEAVE
More than 1 year but less than 5 years 2 weeks
More than 5 years but less than 15 years 3 weeks
More than 15 years 4 weeks
Members of the Police Department and Fire Department and
such other employees required to be on regular duty on legal
holidays shall receive additional compensation for such holiday
work or shall be credited with additional vacation leave at the
rate of one additional vacation day for each holiday worked .
In computing vacation leave earned , only those months shall
34
be counted during which an employee has worked three quarters or
more of his regular work days .
Vacation leave may be taken as earned subject to the
approval of the department head who shall schedule vacations so
as to meet the operating requirements of the department ;
provided , that vacation leave shall not be granted to employees
with less than one year of continuous service and provided it
does not conflict with the operation of the City .
Employees may accrue vacation leave up to a maximum of the
leave earned in two calendar years . In the event an employee has
been unable to take advantage of vacation leave as earned , with
the result that said employee has accumulated the maximum, he may
absent himself from work , after giving his supervisor three days
notice, in order to prevent the loss of vacation leave beyond the
maximum.
Provisional and temporary employees shall be entitled to the
same vacation leave allowance to which regular employees are
entitled in accordance with the provisions of this section .
Part time employees shall not be entitled to vacation leave.
Regular employees and the aforesaid provisional and
temporary employees who have completed one or more years of
service shall , upon leaving the City ' s service in good standing ,
be compensated for vacation leave accrued up to the date of
separation .
Section 4 . Sick leave with pay: Sick leave with pay shall be
granted to regularly employed full time employees at the rate of
35
i
i
one working day for each completed month of service up to five
years service . One day per month of service shall be granted to
employees up to the maximum accumulation of 60 days . After the
maximum accumulation of 60 days , the City shall liquidate all
accrued sick pay in excess of 60 days and shall pay employees on
an annual basis at their present base hourly rate .
1 . Upon retirement or termination in good standing , the
employee will be reimbursed for all sick leave accrued at the
rate of pay at time of separation .
2 . Sick leave shall not be considered as a right which an
employee may use at his discretion , but rather as a privilege
which shall be allowed only in case of personal sickness or
disability, legal quarantine because to exposure of contagious
disease , or in the case of illness within the immediate family .
In order to be granted sick leave with pay an employee must
meet the following conditions :
A. Notify his immediate supervisor prior- to the beginning
of the scheduled workday of the reason for absence or with lesser
limits if required by the department head , excepting dire
emergencies .
B . Permit such medical examination , nursing visit or
inquiry which the city deems desirable at a cost to the city.
C. File a written request for such sick leave on the form
and , in the manner to be prescribed and in the event that the
absence is for more than three working days submit , if requested
by the department head , a medical certificate signed by a
36
physician stating the kind and nature of his sickness or injury,
that the employee has been incapacitated for work for the period
of absence . The medical certificate shall also state the date
the employee is able to return to work .
Employees serving a probationary period on an original
appointment shall accrue sick leave in accordance with the
provisions of this section ; provided that no sick leave with pay
shall be granted such employee until completion of six months of
service . Temporary and part time employees shall not be entitled
to sick leave privileges .
In computing sick leave accrued , only those months shall be
counted during which an employee has worked three quarters or
more of his regular work days , to include time accrued during
vacation time.
Claiming sick leave when physically fit shall be cause for
disciplinary action .
Section 5 . Leave with pay: Leave with pay may be authorized in
order that regular employees may serve required jury duty ,
provided that such leave is reported in advance to the department
head . If excused from jury duty an employee must report at the
next regular shift . In order to receive pay for such leave the
employee must deposit the money which he received for jury duty
with the City Treasurer .
Leave with pay , not to exceed three working days , may also
be authorized in case of death within the immediate family . The
immediate family shall consist of the spouse , parents ,
37
grandparents , children , grandchildren , brothers , sisters ,
stepbrothers , stepsisters and in-laws .
Section 6 . Leave without pay: A regular employee may be granted
leave of absence without pay for a period not to exceed one year
for sickness , disability or other good and sufficient reasons
which are considered to be in the best interests of the City .
Such leave shall require the prior approval of the department
head , the Personnel Director and the City Manager . A department
head , with the approval of the Personnel Director , may grant a
regular employee leave without pay for a period not in excess of
fifteen calendar days in any one calendar year .
Leave of absence may be granted to a regular employee
5
without limitation as to time to enable him to take an appointive
position as defined in the City Charter , within the City Service.
Except under unusual circumstances , voluntary separation
from the City Service in order to accept employment not in the
City Service shall be considered as insufficient reason for
approval of a request for leave of absence without pay . If for
any other reason , leave of absence without pay is given , such
leave of absence may subsequently be withdrawn and the employee
recalled to service . All employees on leave of absence without
pay are subject to applicable provisions of these rules .
Section 7 . prohibitions :
A . No person shall be appointed or promoted to , or demoted
or dismissed from any position in the classified service , or in
any way favored or discriminated against with respect to
38
employment in the classified service because of his political or
religious opinions or affiliations or his race .
B . No person shall seek or attempt to use any political
endorsement in connection with any appointment to a position in
the classified service .
C . No person shall use , or promise to use, directly or
indirectly any official authority or influence , whether possessed
or anticipated , to secure or attempt to secure for any person an
appointment to a position in the classified service , or an
increase in or other advantage in employment in any such
position , for the purpose of influencing the vote or political
action of any person , or for any consideration .
D. Employees in the classified services shall not engage in
politically orientated activities while on duty.
E. No person elected to public office in the City of Dania
shall , during the term for which he was elected , be appointed to
any position in the classified service .
F. No person shall make any false statement , certificate,
mark, rating , or report , with regard to any test , certification
or appointment made under any provision of the Charter and these
rules , or in any manner commit or attempt to commit any fraud
preventing the impartial execution of the provisions of the
Charter and these rules .
G . No person shall , directly or indirectly, give , render ,
pay , offer , solicit or accept any money , service or other
valuable consideration for or on account of any appointment ,
39
proposed appointment , promotion , or proposed promotion to, or any
advantage in , a position in the classified service .
H . No employee , examiner , or other person shall defeat ,
deceive , or obstruct any person in his right to examination ,
eligibility, certification or appointment under the charter and
these rules , or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects
of any person with respect to employment in the classified
service .
I . Any officer or employee who violates any of the pro-
visions of this section shall forfeit his office or position.
Section 8 . Employee rights of appeal : Any regular employee who
is discharged , dismissed , demoted , or who claims that the rules
are improperly applied or misinterpreted to his detriment , as a
matter of law may appeal to the Civil Service Board within four-
teen calendar days after the employee is notified . Upon such
appeal , the department head , the appealing employee with counsel
if desired , and the City Manager shall have the right to be heard
and to present evidence and call witnesses . At the hearing of
such appeal , technical rules of evidence shall not apply . How-
ever , the Board , at its discretion , may establish procedures for
the hearing of any appeal , including the invoking of the exclu-
sionary witness rule , or other rule , which shall be in the best
interest of promoting justice .
The Board may invoke such rules , but the following list is
not exclusive :
40
1 . Rules dealing with the time, place , date and length of
any hearing .
2 . Rules limiting the argument of the parties , or requiring
a memorandum or summary setting out the contention of each party
and a list of witnesses in advance of the hearing .
The employee shall have the burden of proof by establishing
beyond the greater weight of the evidence that the City' s actions
were illegal and unjustified under the provisions of the Civil
Services Board Rules . Both parties may present any evidence
which is relevant and material to the issues .
Rebuttal may be permitted at the discretion of the Board .
The Civil Service Board , each member of the Board , the secretary
to the Board , and the Personnel Director , in his or her capacity,
shall have the power to administer oaths , subpoena witnesses , and
compel the production of books and papers pertinent to the
appeal . This Board , and its agents , shall have subpoena powers
through its adoption of the procedures - of the Florida
Administrative Procedures Act .
Any City employee shall appear without the necessity of a
subpoena upon the request of any party to the City Manager _ The
costs for the production of any such witness shall be assessed or
waived against any employee by the Civil Service Board .
A subpoena , issued by the Board or any of its agents as
prescribed above , shall be served in accordance with the normal
procedures for the service of subpoenas . The failure of a person
to respond to a subpoena shall subject him to the sanctions of
41
the Civil Service Board , including contempt .
The Civil Service Board shall make the final decision
disposing of the appeal . The Board may sustain or overrule the
decision against any employee . The Board may , in the case of
dismissal or suspension , and upon good cause shown , mitigate the
City' s action against an employee. If the Civil Service Board
finds that the action complained of was taken for any political ,
religious or racial reason or as a result of misinterpretation of
law or of these rules , or other insufficient reason , the employee
shall be reinstated to his position without loss of pay.
An appeal to the Civil Service Board may also be taken by a
regular employee who is suspended or laid off , or whose payroll
voucher the Personnel Director or City Manager refuses to
certify , and who claims that the suspension or lay-off or refusal
to certify payroll voucher was made for insufficient reasons . If
the Civil Service Board finds that the employee was suspended or
laid off or that the Personnel Director or City Manager refused
to certify his payroll voucher for insufficient reason , he shall
be reinstated without loss of pay .
A. Appeal procedure - Any regular employee wishing to take
an appeal to the Civil Service Board under the provisions of this
section shall submit such appeal in writing within fourteen
calendar days after receipt of disciplinary action to the
Personnel Director who shall notify the Chairman of the Civil
Service Board or the Secretary of the Board who shall be
responsible for arranging the hearing . Such appeal will state
42
what action is being appealed and the general reasons therefore .
B. Time Factors - Any regular employee submitting an appeal
shall be granted a hearing by the Civil Service Board at the
earliest practicable date; and in all events , within sixty days
after the filing of the appeal . The hearing before the Board , if
possible , shall be limited to one day. The Board shall transmit
its findings to the City Manager within five days of the
completion of the hearing and rendering of a decision .
The decision of the Board shall be final and binding on the
parties and no further administrative appeal shall be granted .
The Board may grant a rehearing within twenty days of their
decision upon good cause shown by either party .
Any appeal from a decision or ruling of the Civil Service
Board shall be filed in Circuit Court within 30 days from the
entry of the decision or ruling of the Civil Service Board .
Section 9 . Presentation of employee grievances :
A. Policy: It shall be the policy of the City of Dania to
provide a procedure for the presentation and mutual adjustment of
points of disagreement which arise between employees and their
supervisors , department heads , City Manager , and City
Commissioners , and to assure employees that their problems and
complaints will be considered fairly , rapidly and without
reprisal .
B . Purpose : The primary purpose of this grievance
procedure is to determine what is right rather than who is tight .
Free discussion between employees and supervisors will lead to
43
better understanding by both of practices , policies and
procedures which affect employees . This will serve to identify
and help eliminate conditions which may cause misunderstanding
and grievances .
This aforesaid purpose is defeated if a spirit of conflict
enters into the consideration of a grievance. Supervisors and
employees alike must recognize the true purpose of the grievance
procedure if it is to be of value in promoting the well being of
the organization.
The procedure set out here in Section 9 shall not be
available if the employee elects or commences to settle the
dispute or grievance by a grievance procedure , or similar
procedure , created by contract between the City and an employee
union .
C. Definition of grievance: A grievance is a complaint , a
view or an opinion' pertaining to employment conditions , to
relationships between an employee and his supervisor or to
relationships with other employees . Employees should first
discuss any problem or complaint which is in the nature of a
grievance with their immediate supervisor . In many cases , the
immediate supervisor , with the employees consent , will be able to
work out a satisfactory solution or to advise the employee
regarding further presentation of his grievance.
D. Procedure for presentation of grievances :
1 . Discuss with supervisor : The employee shall first
take his grievance to his immediate supervisor who shall make a
44
i
decision and advise the employee within three working days. It
is not necessary or desirable that the grievance be presented in
writing to the supervisor .
Supervisors are encouraged to consult with their
division heads , department heads , the Personnel Director , or any
other individuals who may be qualified to offer assistance or
information which will aid the supervisor to reach an mutually
equitable decision .
2 . Appeal to department head : If the grievance is not
resolved by the immediate supervisor to the satisfaction of the
employee , or if a decision is not made by him within three
working days , the nature of the grievance and the desired
solution may be submitted in writing by the employee to his
department head .
A duplicate copy should be sent by the employee to the
Personnel Director who shall review the grievance and immediately
notify the employee and his department head whether the grievance
is subject to established ordinances , administrative regulations ,
or these rules .
Upon receipt of notice from the Personnel Director that the
grievance is not subject to established ordinances , regulations
or rules , the department head shall then have the responsibility
for settling the grievance and shall inform the employee in
writing of his decision within five working days.
Grievances which are subject to charter , ordinance ,
administrative regulation , or these rules , shall be handled as
45
provided therein .
3 . Appeal to the City Manager : If the disposition of the
grievance by the department head is not satisfactory to the
employee, or if a decision is not made within five working days ,
the employee may, in writing , request his department head to
refer his grievance to the City Manager . All such requests will
be forwarded to the City Manager by the department head without
delay.
This request must be filed by the employee within five
working days after receipt of the department head' s decision and ,
in any case , not later than ten working days after he sent the
original request to the department head . A copy of his request
for review by the City Manager shall be sent by the employee to
the Personnel Director .
The City Manager , upon being notified by the department head
of an appeal , may affirm, deny, or modify the decision of the
department head , or he may refer the appear to the Personnel
Director for submission to a grievance committee. In the event
the department head has reached no decision within the allotted
five working days , the City Manager may decide the case himself
or refer the matter to the Personnel Director for submission to a
grievance committee. The City Manager will act upon an appeal
within ten working days .
4 . Appointment of grievance committee: When the Personnel
Director is so notified by the City Manager , he shall assemble a
grievance committee within ten days following receipt of such
46
0
i
notice . A grievance committee shall be composed of three
members . One member shall be selected by the employee or his
representative, one member shall be selected by the department
head or his representative, and a third member , who shall serve
as chairman , shall be selected and mutually agreed upon by the
first two . If an agreement cannot be reached , the Personnel
Director shall appoint the third member .
The chairman of the grievance committee shall schedule a
hearing to be held within fifteen days , at a suitable time and
place , and shall so notify his committee members , the employee,
the department head , and the Personal Director .
5 . Decisions of Grievance Committee : Within ten days
following the conclusion of the hearing , the grievance committee
shall supply the City Manager with four copies of its report and
recommendation , as approved by a majority of the committee. Upon
receipt of the committee' s report and recommendations , the City
Manager shall put in writing the course of action he intends to
follow and shall forward one copy of his decision and one copy of
the committee' s report and recommendations to the department
head ; one copy of each to the employee , 'and one copy of each to
the Personnel Director . The fourth copy shall be retained by the
City Manager . The decision of the City Manager , following
consideration of the report and recommendations of the grievance
committee , shall be final and the employee shall have no further
right of administrative appeal .
E . Appeal to the Civil Service Board : The Charter and
47
these rules grant to regular employees the right to have reviewed
by the Civil Service Board action leading to the removal ,
suspension , or reduction in rank of the employee . It is not
intended that the grievance procedure herein set out conflict
with, supersede, or in any way jeopardize this right . Rather , it
is expected that this procedure will apply to prevent problems
complaints or disputes from becoming so serious as to necessitate
a personnel action subject to Civil Service Board review.
Section 10. Employee performance rating : Employee performance
rating reports relative to the conduct , capacity and performance
of all regular employees shall be made by department heads at
least once each year on the form and in the manner prescribed by
the Personnel Director .
ROLE 12 — SEPARATION AND DISCIPLINARY ACTION
Section 1 . Resignation : Any employee wishing to leave the City
Service in good standing shall file with his department head , at
least two weeks before leaving , a written resignation stating the
date the resignation shall become effective and the reason for
leaving . Failure to comply with this procedure may be considered
cause for denying such employee future employment by the City .
Unauthorized absence from work for a period of three working days
may be considered by the department head as a resignation .
Department heads shall forward all notices of resignation to the
Personnel Director immediately upon receipt .
Section 2 . Layoff : An employee may be laid off in the
48
classified service whenever such action is made necessary by
reason of shortage of work or funds , the abolition of a position ,
or because of changes in organization ; however , no regular
employee shall be laid off while there are temporary , provisional
or probationary employees serving in the same position within the
department for which the regular employe is eligible and
available .
Whenever the layoff of one or more employees shall become
necessary, the appointing authority shall notify the Personnel
Director at least ten days in advance of the intended action , and
the reasons therefor . The Personnel Director shall thereupon
furnish to the appointing authority the names of the employees to
be laid off in the order in which such layoff shall be effected .
Any layoff shall be strictly by seniority.
Such layoff shall be made within classifications (other than
uniform Police and Fire classes) of positions and departments
when probationary and regular employees are involved . Temporary
and provisional employees , irrespective of department , shall be
laid off , in that order , prior to layoff of probationary or
regular employees .
The order of layoff shall be in reverse order of total
continuous time served upon the date established for the layoff
to become effective; provided that , in the case of probationary
and regular employees , at such time that a service plan is
established the order of layoff shall be determined on the basis
of efficiency and seniority . The Personnel Director shall
49
prescribe the method for computing efficiency and seniority and
shall prescribe the relative weighing of each .
Any interruption of employment not in excess of fifteen
calendar days because of adverse weather conditions , shortage of
materials or equipment , or for other unexpected or unusual
reasons shall not be considered a layoff .
For reductions in force effecting any department , the fore-
going procedure shall apply with the exception that Senior
classes will displace Junior classes . Example would be : if a
Police Captain' s position was to be abolished , the incumbent ( in
seniority) would displace a Police Lieutenant who would displace
a Police Sergeant who would displace a Police officer , who would
displace any probationary or provisional or temporary or be
separated as the case may require .
The City shall provide two weeks written notice to any
employee prior to said employee being laid off .
Section 3 . Suspension : The City Manager may, with recom-
mendation of the department head , for disciplinary purposes ,
suspend a regular employee without pay for such length of time as
the City Manager considers appropriate, but not to exceed sixty
days . A written statement of the reason for suspension shall be
submitted to the Personnel Director and to the employee affected
in each case by the department head , and such statement shall be
submitted within 24 hours of the time the suspension becomes
effective , excluding Saturdays , Sundays , or general holidays , as
provided by the rules or by City Commission authorization .
50
A regular employee may, with the approval of the Personnel
Director and the City Manager , be suspended without pay for a
longer period pending the investigation or trial of any charges
against him. Such employee determined to be innocent of the
charges against him may be returned to duty with full pay for the
period of suspension.
Nothing contained herein prohibits such a suspension when a
department head deems such action necessary and is unable to
secure the approval of the City Manager as long as such approval
is obtained within seventy-two hours of the taking of such
action .
Section 4 . Dismissal or Discipline : Any employee may be
dismissed by the City Manager for cause. With regard to regular
employees no dismissal shall take effect until at least ten days
from the date a written statement of the reasons therefor is
submitted to the Personnel Director and to the employee affected .
Although dismissals may be based on other causes , any one or
more of the following shall be sufficient :
A. Incompetency or inefficiency in the performance of
duties.
B. Conviction of any felony or of a misdemeanor involving
moral turpitude .
C . Willful violation of any of the provisions of the
Charter or these rules .
D . Willful violation of any lawful or reasonable regula-
tion , order or direction made or given by a superior officer
51
where such violation has amounted to insubordination or serious
breach of proper discipline or has resulted in loss or injury to
the public .
E . Public intoxication , or drinking intoxicating liquor
while on duty, or being addicted to the use of narcotics .
F. Want only offensive conduct or language toward the
public or fellow officers or employees , or abusive public
criticism of his superiors or public officials without first
taking such complaint through proper channels .
G. Carelessness or negligence in the use of property of the
City.
H. Attempting to induce any officer or employee of the City
to commit an act in violation of any lawful or reasonable
regulation .
I . Conduct , either while on or off duty, which reflects
discredit upon the City.
J . Hindering the regular operation of the department or
division because of excessive absenteeism.
K. Incapacity for the proper performances of duties because
of permanent or chronic physical or mental ailment or defect .
L. Being absent without leave or failing to report after
leave of absence has expired .
M. Failure to notify the department head and Personnel
Director within one working day of suspension or revocation of
valid operator or chauffeur licenses (applies only to employees
whose job requires valid operator or chauffeur license . )
52
N . Gross or repeated failure to comply with any department
rule.
Section 5 . Demotion for inability to perform duties : The
department head , with approval of the City Manager , may, when he
has determined a regular employee is unable to successfully per-
form the duties of his position, demote the regular employee to a
position , the duties of which he is able to perform in a class
carrying a lower compensation . Status will be given the employee
in the new class . A written statement of the reason for demotion
shall be submitted to the employee affected and to the Personnel
Director , and such statement shall be submitted in accordance
with the provisions of Section 3 of this rule.
RULE 13 - AMENDMENT OF CIVIL SERVICE RULES
Section 1 . Amendments : Amendments or revisions to the rules may
be recommended for adoption by the Personnel Director , the City
Manager , the Civil Service Board or by the City Commission on its
own motion . Such amendments or revisions of the rules shall
become effective after public hearings before the Civil Service
Board and approved by resolution of the City Commission .
RULE 14 - SAVING CLAUSE
If any section or part of a section of these rules is held
by any court to be invalid or unconstitutional , the same shall
not invalidate or impair the validity , force and effect of any
other section or part of a section of these rules unless it
53
G®NuT c
In
7a �^.1�$Y 4 ;-. -. J JAM•„
Y y
6
7 T11'
City of Coconut CreCk
Civil Service Code
Civil Service Code Table of Contents
21-1. General Provisions................................................................................................................2147
21-2. Organization for Administration...........................................................................................2149
21-3. Positions Included in the City Service..................................................................................2151
21-4. The Classification and Compensation Plans.........................................................................2152
21-5. Employment Information and Requirements........................................................................2155
21-6. Examinations........................................................................................................................2159
21-7. Eligible Lists.........................................................................................................................2160
21-8. Appointments........................................................................................................................2161
21-9. Employee Benefits................................................................................................................2164
21-10. Attendance and Leave...........................................................................................................2167
21-11. Evaluations............................................................................................................................2186
21-12. Rules and Regulations for Discipline...................................................................................2188
21-13. Rules and Regulations for Discipline and Control of Employees of the Public Safety
Department not Covered by a Collective Bargaining Agreement........................................2192
21-14. Disciplinary Appeal Process.................................................................................................2193
21-15. Grievances ...............................................................................................2194
. .............................
21-16. Drug Free Workplace ...........................................................................................................2201
21-17. Separations............................................................................................................................2202
21-18. Amendment of Personnel Rules...........................................................................................2203
r
PERSONNEL ADMDiISTR.ATION § 21-1.1
ARTICLE I. CIVIL SERVICE CODE 1.1.11. Non-assembled examination shall be
defined as an examination that is given
SECTION 21-1. GENERAL PROVISIONS on a continuous basis.
1.1.12. Exempt part-time employee shall mean
Sec. 21-1.1. Definitions. an employee who works less than twenty
The following terms, phrases,words and other (20)hours per week on a continuous year-
derivations shall have the meanings as listed round basis.
below: - - 1.1.13. Probationary employee is an employee
1.1.1. Alternate shall be defined as a Board who has not completed the probationary
member who has been appointed by the period for the position in which employed.
City Council or elected by the employees 1.1.14.Reallocation shall mean the pay range
to serve when a quorum cannot be formed. adjustment (upward or downward) for a
1.1.2.Assembled examination shall be defined position in a class to allow recruitment at
as an examination administered to a group entry level as warranted by a wage study
of applicants at a specified time. of similar positions.
1.1.3.Board means the Civil Service Board. 1.1.15.Re-employment list shall mean the list-
ing of those employees who have been laid
1.1.4. City means the City of Coconut Creek. off.
1.1.5. Civil Service shall encompass all posi-
tions 1.1.16.Re-instatement list shall mean the list-
not specifically included in the es- ing of those employees who have volun-
inmplt�service or represented by abargain-t. �y resigned their employment with the
g - - . City.
1.1.6.Contract employee shall mean an.exempt
employee whose terms and conditions of 1.1.17. Regular employee shall mean an em-
employment are governed by a contract ployee who has successfully. completed
between the contract employee and the the probationary period and is employed
City. in continuous year-round full-time ser-
vice.
1.1.7. Grievance shall mean a dispute concern-
ing the interpretation or application of 1.1.18.Regular part-time employee shall mean
this Civil Service Code. an employee who works a minimum of
1.1.8.Immediate family shall be defined as an twenty(20)hours per week but less thanthirty (30) hours per week on a continu-
employee's spouse, child, parent, parent-
our year-round basis.
in-law, sibling, step-child, grandparent,
step-parent,step-sibling,half-sibling,sib- 1.1.19. Seasonal employee shall mean an em-
ling-in-law,child-in-law,grandchild,step- ployee who is employed on a seasonal
grandchild or partner registered under basis, not on a continuous year-round
the Broward County Domestic Partner- basis, and who works six (6) months or
ship Ordinance.------ _ more in a twelve(12)month period regard-
less of the amount of hours worked per
1.1.9. Layoff`shall mean-the separation from week.
employment due to such reasons as lack
of work, economic reasons or because of 1.1.20.Shall is to be interpreted as mandatory.
reorganization of the City, its depart-
ments or jobs or due to the needs of the 1.1.21. Temporary employee shall mean an em-
City. ployee who is employed in a temporary
capacity for a specific period of time not to
1.1.10.May shall be interpreted as permissive. exceed one hundred sixty (160) days.
Supp.No..21 2147
fM,
§21-1.1 COCONUT CREEK CITY CODE
1.1.22. Termination shall mean the discharge, work; to create, combine, modify
dismissal, removal or otherwise perma- and eliminate
Positions within the City, to hire, promote,
nently severed from employment with the transfer, schedule and assign employees in
City.
Positions within the City; to suspend, demote,
1.1.23. Workday or normal workday shall mean discharge and take other disciplinary action
the number of hours regularly scheduled against employees; to relieve employees from
for an employee to work during a twenty- their duties; to maintain efficiency of City
four-hour period.The term shall not mean operations; to take whatever action is neces-
a guarantee of a minimum number of sary to comply with State or Federal law; to
hours per day or per week. introduce new or improved methods or facili-
1.1.24. Workweek or normal workweek means ties; to change existing methods or facilities; to
the number of hours regularly scheduled determine the kinds and amounts of services to
for an employee to work during any seven be performed as pertains to City operations;
(7) consecutive days. The term shall not and the number and kind of classifications to
mean a guarantee of any minimum num- perform such services;to contract out for goods
ber of hours per day or per week. or services; to determine the methods, means
1.1.25.Retirement age shall be as defined in the and Personnel by which City operations are to
ICMA plan .Document for Civil Service be conducted; to take whatever action is neces-
employees,as may be amended from time Sa Y to carry out the functions of the City in
to time. situations of emergency.
(Ord. No. 153-97, § 1, 9-25-97; Ord. No. 2000-44,
§'1, 12-14-00; Ord.No. 2001-026, § 1, 9-13-01)
Sec. 21-1.2. Authority and administration. Sec. 21-1.4. Prohibitions.
1.2.1.These policies and procedures shall apply 1.4.1.No person shall be appointed
to and govern all civil service employees sedo or promoted
to, or demoted, dismissed o
of the City regardless of the time of cre- r suspended
ation of the office or position or appoint- from any position in the civil service, or in
meat to that position, any Way favored or discriminated against
with respect to employment in the civil
1.2.2.All offices, positions and pay ranges are service because of his/her political or reli-
created and authorized by the City Man- gious opinions or affiliations or his/her
ager subject to the approval of the City race creed color, national origin,
Commission Council. disabil-
ity,gender,sexual orientation,or age.The
1.2.3. With specific exclusion of matters re- City has established an internal proce-
served to the Civil Service Board and the dure to investigate and resolve alleged
City Commission Council as set out by the cases of discrimination which is in addi-
City Charter, general authority and re- tion to existing and adequate procedures
sPonsibilityforthe administration of these established by Broward County,the State
rules and regulations rests within the of Florida, and the Federal Government.
respective departments. Accordingly,allegations of em to
- -— - P yment dis-
__Sec..21.1.3. City's rights and responsibili- cim nation as described in this section
ties. cannot be processed through the griev-
1.3.1. The City possesses the sole right to ance procedure or appealed to the Civil
Service Board.
operate the City and all management
rights repose in it. These rights include, 1.4 2 No person shall seek or attempt to use
but are not limited to, the following. p
Tb direct all operations of the City; to estab- any Political endorsement in connection
lish reasonable work rules and schedules of with any appointment to a position in the
civil service.
Supp.No.21 2148
J
PERSONNEL ADM UTRATION § 21-
1.4.3. No person shall use or promise to use, tion for the purpose of affecting the rigl
directly or indirectly, any official author- or prospects of any person with respect
ity or influence, whether possessed or employment in the civil service.
anticipated to:
1.4.9. No employee shall solicit any elected
A. Secure or attempt to secure for any appointed official to inform or to Seel;
person an appointment to a position in the civil service; or receive assistance with a personnel grie
ance or appeal.
B. To o dvantage in employment in any po-
obtain an increase in or other
a 1.4.10. Any officer or employee who violat
sition,for the purpose of influencing any of the provisions of this section sh;
the vote or political action of any be subject to appropriate discipline (i
person or for any consideration. cluding discharge) as provided for in tl
code.
1.4.4. No employee in the Civil Service and no (Ord. No. 137-94, § 3, 9-22-94; Ord. No. 2001-02
member of the Civil Service Board shall § 1, 9-13-01)
directly or indirectly, solicit or take part .
in soliciting an assessment, subscription SECTION 21-2. ORGANIZATION FOR
or contribution of any employee of the ADMINISTRATION
City for any political organization or pur-
pose during work hours or on City prop-
erty. Sec. 21-2.1. The Civil Service Board.
1.4.5. No person elected to public office in the There shall be a Civil Service Board who shy
City, during the term of which he/she was consist of five (5) members as follows:
elected, shall serve in any"position in the
civil service. 2.1.1. Two (2) members shall be appointed 1
the City Commission who shall be re:
1.4.6. No person shall make any false state- dents of the City of Coconut Creek .a;
meat, certificate, mark, rating or report who shall not be employees of the City.
with regard to any test, certification or
appointment made under any provision of 2.1.2. Two (2) members, elected by majori}
the City Charter and these rules, or in vote of the regular employees who shall 1
any manner commit or attempt to commit regular employees holding regular ful
any fraud preventing the impartial execu- time positions in the Civil Service pr
tion of the provisions of the City Charter vided, however, that such members sha
and these rules. not be employed in the same City depar
meat. Employees who are serving prom,
1.4.7. No person shall, directly or indirectly, tional probation may vote, as long as the
give, render, pay, offer, solicit or accept have successfully completed a twelve (1:
any money, service or other valuable con- month probationary period.
sideration for or on account of any appoint-
meat, proposed appointment, promotion 2.1.3. One (1) member shall be appointed 1
or proposed promotion to, or any advan- the City Manager and shall be a resider
tage in, a position in the civil service. of the City of Coconut Creek and wh
1.4.8. No employee, examiner, or other person shall not be an employee of the City.
shall defeat, deceive, or obstruct any per- 2.1.4.There shall be two(2)alternate member
son in his right to examination,eligibility, to the Civil Service Board, one (1) c
certification or appointment under the whom shall be elected by the employee
City.Charter and these rules,or furnish to and shall Bold a regular full-time positio
any person any special or secret informa- in the Civil Service, and one,(1) of whor
Supp.No.21 2149
§21-2.1 COCONUT CREEK CITY CODE
shall be appointed by the City Commis- E. An employee member of the Board
sion(who shall not be a City employee but
who shall be a resident of the City). shall be prohibited from voting on
If needed,there may be elected temporary any matter involving an appeal by
alternates for the employee members po- ment as an employee
the employee member. In
sition,.elected to hear grievances or ap- this instance,there will be an elected
peals in which the regular member and/or alternate employee representative
alternate are members of the same depart- who will sit for the hearing.
ment as the grievant.
F. If requested by the Director of Hu-
2.1.5.All terms shall be for two (2)years.
man Resources, aid in the adminis_
2.1.6.Any unexpired term shall be filled by the tration of examinations for new and
electing or appointing authority. replacement personnel under the
2.1.7. On or before October 1st of each fiscal Code, except for uniform services
year, the board shall elect its chairperson which may, with permission of the
and vice-chairperson, who shall serve in Board,be administered by a state or
those respective positions for the ensuing county agency that can provide the
year,ending September 30th.No City with qualified applicants.
chairper-
son or vice-chairperson shall serve in such G. If requested by the Director of Hu-
position beyond the term for which ap- man Resources, aid in the adminis-
pointed or elected to the Civil Service tration of all promotional examina-
Board. lions for vacancies to a higher
position
2.1.8. The Civil Service Board shall have the for all classified personnel.
following powers: (Qrd. No. 2001-026, § 2, 9-2401)
A. Hear appeals in the method pro- Sec. 21-2.2. The city commission.
vided in this Code of any regular
employee in the civil service who has The City Commission shall have the authority
been suspended without pay for more to:
than twenty-four(24)hours of sched-
uled work,demoted or dismissed and 2.2.1.Approve the Civil Service Code
report its decision in writing to the
City Manager. 2.2.2.Approve the Compensation Plan
B. Hear appeals in the method pro-
vided in this Code of any Regular Sec. 21-2.3. The city manager.
Employee in the civil service who -
has a grievance as provided in Sec- The City Manager shall:
li . responsible to the City
report n
15 of the Civil Service Code and 2.3.1 Be port in writing its recommenda- p° tY Commission
lions to the City Manager for the administration of the personnel
C. Establish rules and procedures for system subject to this Code.
the employee election of two(2)mem- 2•3.2• Appoint or remove all subordinate offic-
bers of the Board and the adminis- ers and employees as provided in this
tration of said election. Code,City Charter or Code of Ordinances.
D. Establish its own rules for the con- 2.3.3. Perform such other duties and exercise
duct of Civil Service Board meetings such other
as well as to establish requirements powers is personnel adminis-
for attendance by members of the tration as may be prescribed by law, the
Board. City Charter, Code of Ordinances, and
this Code.
Supp.No.21 2150
PERSONNEL ADMINISTRATION § 21-3
Sec. 21-2.4. The Director of Human Re- Code, as may be deemed necessary c
- sources. desirable to enforce the provisions of thes
The City Manager shall appoint a Director of rules, as the City Manager may direct.
Human Resources who shall be responsible to the 2.4.10. Prepare and recommend to the Cit
City Manager for the administrative and techni- Manager such rules or amendments t
cal direction of the City Personnel Program. He/ the rules as may be necessary or advi_
she shall be known as the Director of Human able to carry out the intent and purpose c
Resources and shall: the City Personnel Program.
2.4.1.Administer the provisions of this Code. 2.4.11. Until such time as the City Manage
2.4.2. Develop and administer such recruit- appoints or reappoints a Director of Hu
ment and examination programs as may man Resources, the City Manager shal
be necessary to obtain an adequate supply retain the title and duties of the Directo
of competent applicants to meet the needs of Human Resources.
of the City service. (Ord. No. 137-94, § 3,9-22-94; Ord. No. 2001-026
§ 2, 9-13-01)
2.4.3. Prepare and recommend to the City
Manager a Classification Plan,and amend-
mentsIN
to,the Classification Plan so that it THE CITY SERVICE
will reflect,on a current basis,the duties
being performed by each employee in the
City service; and the class to which each Sec. 21-3.1. The city service.
position is allocated. The City Service shall comprise all offices anc
2.4.4. Administer the Compensation Plan in- positions in the City employ, now existing of
cluding the periodic review-of salary and hereafter created. The City service is divided intc
wage levels affecting City employment, two (2) classifications:
and the periodic investigation of factors 3.1.1. Exempt positions are those positions ir
affecting the economic'level of salaries the City employment not governed by thF
and to make recommendations to the City Civil Service Code.
Manager for amendments to the pay plan.
3.1.2. Civil Service positions.
2.4.5.Provide for the establishment and main-
tenance of a roster of all employees in the Sec. 21-3.2. Positions.
City service.
3.2.1. Exempt positions shall be as hereinaftez
2.4.6. Provide such forms and procedures as described:
he/she may consider necessary, appropri-
ate or desirable to carry out the personnel A- City Manager.
program. B. Deputy City Manager and Assistant City
2.4.7. Develop and establish, in cooperation Managers.
with the City Manager and the various C. Department Directors.
Department Directors, such training and
education programs for employees in the D. Administrative Officers (all grades).
City service, as conditions warrant. E. Exempt part-time employees not covered
2.4.8. Attend meetings of the Civil Service by a collective bargaining agreement.
Board. F. Temporary employees.
2.4.9. Perform such other activities with refer- G. Any other positions identified as exempt
ence to personnel administration, not in- by the City Commission.The*Civil Service
consistent with the City Charter or this Code does not apply to exempt employees.
Supp.No.21 2151
§ 21-3.2 COCONUT CREEK CITY CODE
H. Positions that are within a collective bar- in the kind of work and level of difficulty
gaining unit as certified by the Florida and responsibility which require similar
Public Employee Relations Commission, experience training and qualifications.
but to whom the Civil Service Code does
not apply pursuant to the provisions of 4.2.2. Class titles which are descriptive of the
the collective bargaining agreement. work performed and which identify each
I. City Attorney. class. Class Title shall be used in all
personnel, accounting,budget, appropria-
J. Deputy City Attorney and Assistant City lion and financial records.No person shall
Attorneys. be appointed, or employed in a position in
M Seasonal Employees. the civil service under a title not included
in the Classification Plan. Titles used in
L. Contract Employees. the course of departmental routine to in-
3.2.2. Civil Service positions shall include all dicate authority, status in the organiza-
other positions now existing or hereafter lion, or administrative rank,may be used
created but not excluded by Item 3.2.1. of for such purposes.
this Section. 4.2.3.Job descriptions which contain a descrip-
(Ord. No. 2000-44, § 1, 12-14-00; Ord. No. 2001- lion of the nature of the work and of the
026, § 3, 9-13-01) relative responsibility of the positions in
Sec. 21-3.3. Status of employees in the ci each class, examples of work which are
ty illustrative of duties of positions allocated
service. to the class,requirements of work in terms
All regular employees in the City service hold- of knowledge, abilities and skills neces-
ing positions in the civil service on the effective sarY for performance of the work, and a
date of this Code shall continue to be considered. statement of experience and training de-
regular employees and as such entitled to the sirable*for recruitment into the class.
rights, benefits and privileges extended to such Job descriptions are to be interpreted in
employees by the City Charter and these rules. their entirety.Particular phrases or exam-
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 143-95, ples are not to be isolated and treated as a
§ 1, 9-28-95) whole definition of the class.
4.2.4. Position listing which shows the Class
SECTION 21-4. THE CLASSIFICATION Title of each authorized position in the
AND COMPENSATION PLANS City Service.
Sec. 21-4.I. The Classification Plan. Sec. 21-4.3. Maintenance of the Classif ca-
The Classification Plan provides a complete ti_od Plan.
inventory of all positions in the City service and
accurate descriptions and specifications for each The Director of Human Resources is charged
class of employment.The plan standardizes titles with the responsibility for the proper and contin-
uous maintenance of the Classification Plan so
each of which is indicative of a definite range of that it will reflect, on a current basis, the duties
duties-and responsibilities and has the same being performed by each employee in the City
meaning throughout the City Service. Service and the Class to which each position is
Sec. 21-4.2. Composition of Classification allocated.
Plan. Sec- 21-4.4. Amendments to the Classifica-
tion Classification Plan consists of: Plan.
4.2.1. Classes which are established by group- The Director of Human.Resources shall period-
ing positions which are basically similar ically review the Classification Plan and upon the
Supp.No.21 2152
PERSONNEL ADMINISTRATION § 21-4.4
basis of his/her investigation, shall recommend to temporary assignment.The higher rate of
the City Manager amendments to the Classifica- pay shall begin on the first day following
tion Plan in the form of new Classes, revisions of the completion of the four (4) weeks min-
existing Classes and the abolition of Classes no imum service. This provision does not
longer required in the plan. Such recommended include temporary service due to an-em-
amendments shall be effective when approved by ployee on authorized leave. All such tern-
the City Manager. porary time must be reported to and ap-
4.4.1. Salary rate upon reclassification (Non- proved by the City Manager.
competitive promotion).An employee whose
position is reclassified to a higher classi- 4.4.4. Emergency vehicle technicians. Employ-
fication shall be promoted to the reclassi- ees progressing towards certification as
fied position, provided that they meet the emergency vehicle technicians shall re-
minimum requirements of the reclassified ceive an additional ten cents ($0.10) per
position, and shall receive an eight (8) hour while retaining the certification and
percent increase above the pay rate at- assignment, after completing each of the
tained prior to reclassification or the min- requirements of Levels I, II and III, (as
imum of the higher classification, which-
ever is greater.An employee whose position outlined in the EVT Certification Sched-
is reclassified to a lower classification ule, on file in the Human Resources De-
shall maintain the same pay rate in the partment) to be certified as Light Duty
Compensation Plan attained prior to re- Fire Apparatus Technician.Employees pro-
classification.A reclassification(non-com- gressing towards certification as Heavy
petitive promotion)changes an employee's Duty Fire Apparatus Technician shall re-
anniversary date for pay purposes. ceive an additional ten cents ($0.10) per
4.4.2.Salary rate upon reallocation(Pay Range hour while retaining the certification and
upgrade/downgrade).An employee whose assignment, after completing each of the
position is reallocated within the compen- requirements of Levels I, II and III, (as
sation plan shall maintain the same pay outlined in the EVT Certification Sched-
rate in the Compensation Plan as held ule, on file in the Human Resources De-
prior to the reallocation.However,if their partment) to be certified as Heavy Duty
current pay rate is less than the mini- Fire Apparatus Technician. No employee
mum, their pay rate shall be increased to shall receive more than a maximum of
the minimum of the range for the posi- sixty cents ($0.60) per hour additional
tion.In the event the reallocation is down- hourly pay for obtaining these certifica-
ward and his/her current pay rate is out- tion.
side the pay range of the new position,
he/she shall maintain the same pay rate 4.4.5. Certification program. Employees hold-
until such time as the pay range sur- ing the following certifications, as of No-
passes the rate of pay the employee is vember 30, of any year, not listed as a
receiving for his/her position. minimum requirement on their job descrip-
4.4.3. Temporary assignments. An employee tion, shall annually receive. a one hun-
who is temporarily assigned the duties dred dollar ($100.00) lump sum payment
and responsibilities of a position which per certification, payable on the first pay
has a higher classification than his/her period in December. To qualify for the
regularly assigned position shall be com- lump sum payment,the certification shall
pensated at the entry pay rate in the benefit the City. The City Manager shall
higher classification or the employee's cur- have the final authority to decide whether
rent pay rate, whichever is higher, after the certification benefits the City. The
serving at least four (4) weeks in the City Manager shall also have the final
Supp.No.21 2153
§21-4.4 COCONUT CREEK CITY CODE
authority to.decide if certifications not IFPA
listed below benefit the City and qualify
for the lump sum payment. Community Improvement
County Central Examining Board of Build- Certified Enforcement Profes-
ing Construction Trades. sional (CEP)
General Contractor License Certification from FACE:
Any license issued by the State of Level I
Florida or a county within the State Level II
of Florida related to trades or con- Level III
struction. Other Recognizable Licenses/Certifi-
International Society ofArboriculture cations
Certified Arborist Propane Certification from State
State of Florida Department of Agri- of Florida
culture and"Consumer Services Vehicle/Fleet Maintenance As-
Pesticide Applicator sociate Degree
Turf and Ornamentals A/C Technician Certification
Aquatics A/C Handler Certification
Florida Water and Pollution Control A/C Gases Certification
Operators Association ASE Certifications
Water Distribution FPPA(Certification for Human
Water Treatment C or B or A Resources Department)
License MSE(Certification for Informa-
Class C or B or A Certifi- tion Systems)
cation Maintenance and AICP(Planner)
Mechanical Repairs RI.A(Registered Landscape Ar-
Waste.water Collection chitect)
Class C or B or A Certifi- PLS (Professional Land Sur-
cation Maintenance and veyor)
'Mechanical Repairs (Ord. No. 153-97, § 1, 9-25-97; Ord. No. 168-97,
§ 1, 12-11-97; Ord. No. 2001-026, § 4, 9-13-01)
Stormwater
Class C or B or A Certifi- Sec. 21-4.5. Compensation Plan.
cation—Stormwater Tech- 4.5.1.The Compensation Plan shall assign pay
nology and Maintenance Ranges for each Class Title included in
American Society of Civil Engineers the Classification Plan. There shall be a
Professional Engineer minimum and maximum pay rate for each
ASCE position within the Classification Plan.
Infiltration/Inflow 4.5.2.On October 1st of any year,the minimum
Hydraulic De- and maximum pay ranges and employees'
sign and Func- current rate of pay shall be increased by
tion the change in the June to June Consumer
Recreation Certifications Price Index, U.S. Department of Labor,
FRpA All Urban Consumers, Miami/Fort Lau-
NRPA derdale Area.
ACE 4.5.3.Should the change in the Consumer Price
ACSM Index, as specified above, in any year, be
less than three percent (3%), the mi.ni-
Supp.No.21 2154
PERSONNEL ADMINISTRATION § 21-5.1
mum and maximum pay ranges and the review the compliance of the departments
current rate of pay of employees shall be to the requirements, standards and poli-
increased by three percent (3%) on Octo- cies established by the "Classification"
ber 1st of any year. and Compensation Plan by maintaining
4.5.4. Any employee in the classification of permanent personnel files and absentee
Dispatcher who is a Certified Training records.
Officer(CTO), and is assigned the duties 4.7.3. Director of Finance and Administrative
as a CTO shall have their hourly rate Services. The Director, among other du-
increased by five percent (5%). This five ties, directs and provides control over the
percent (5%) is not counted toward the disbursement of the City funds, including
maximum of the salary range. (Example, that portion attributed to payrolls. The
a Dispatcher CTO who is at the maximum director shall establish accounting proce-
of the pay range would receive any pay for dures in order to provide accurate payroll
performance increase as a lump sum, but calculations,provide budgetary reporting,
would continue to receive the five percent assist department heads in payroll prep-
(5%) as part of base salary, even if over aration and provide controls necessary to
the maximum. meet fiscal, budgetary and auditing com-
pliance standards.
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 153-97,
Sec. 21-4.6. Approval. § 1, 9-25-97)
Final approval of all pay ranges for each class
title is vested in the City Commission. The City Sec. 21-4.8. Direct payroll deposit—required.
Manager shall,prior to preparation of the annual budget, make or cause to be made.an investiga- 4.8,1. Effective October 1, 2001, all employees
� � in the classified service shall have their
tion of the factors affecting the level of salary bi-weekly pay directly deposited into an
ranges. These studies shall compare analogous account at the financial institution of their
communities,wage and salary increases and should choice. .
utilize any data the City Manager deems advis-
able. The City Manager shall recommend to the 4.8.2. The bi-weekly payday may change at the
City Commission such changes in the compensa- convenience of the City, but annual Sala-
tion plan as he deems necessary to maintain the ries shall not be affected by a change in
adequacy of the salary structure.The Compensa- the day that pay is distributed.
tion Plan is subject to the approval of the City (Ord. No. 2001-026, § 4, 9-13-01)
Commission by adoption of an ordinance or reso-
lution.
(Ord. No. 153-97, § 1, 9-25-97) SECTION 21-5. EMPLOYMENT
INFORMATION AND REQUIREMENTS
Sec. 21-4.7. Accounting responsibilities.
4.7.1. Directors. Department Directors shall Sec. 21-5.1. General guidelines for employ-
went
-- ---maintain-accurate records on forms-ap-
-- proved--by- the- Director of Human Re- 5.1.1. Basis of employment. All employment
sources to accurately reflect employees with the City shall be based upon merit,
leave, attendance and absences. Master skill, ability, qualifications and moral fit-
payroll journals will be maintained by ness as evidenced by.
Finance and Administrative Services, for
auditing purposes. A. Training and experience as reflected
by the application form and other
4.7.2.City Manager. The City Manager,through documentation of certification,regis-
the Director of Human Resources, shall tration, etc.
Supp.No.21 2155 Y
§21-5.1 COCONUT CREEK CITY CODE
B. Psychological examination and/or per- daughter,brother,sister,uncle, aunt, first
formance tests (when applicable). cousin,nephew,niece,husband,wife,moth-
C. Pre-employment(after conditional of- er-in-law,father-in-law,son-in-law,Baugh-
fer of employment is made) physical ter-in-law, sister-in-law, brother-in-law,
examination and drug testing shall stepfather,stepmother,stepson,stepdaugh-
be required to determine whether ter, stepbrother, stepsister, half-brother,
the individual can effectively per- half-sister, or partner registered under
form the essential duties and func- the Broward County Domestic Partner-
tions of the position for which he/she ship Ordinance.
is applying with or without reason- (Ord. No. 163-96, § 1, 9-26-96; Ord. No. 153-97,
able accommodation. Such examina- § 1, 9-25-97; Ord. No. 2001-026, § 5, 9-13-01)
tion shall be performed .by a city-
designated physician and laboratory Sec. 21-5.3. Political religious restrictions.
and paid for by the City. 5.3.1.No political,racial,ethnic,gender,frater-
D. Background investigation of the in- nal or religious affiliation shall be consid-
dividual, his/her training, education ered as a qualifying or disqualifying con-
or other characteristics as relates to dition for or against employment with the
being an employee of the City. City of Coconut Creek.
E. When vacancies or promotional va- 5.3.2.No political,racial,ethnic,gender, frater-
cancies are posted, said notices on nal or religious affiliation shall be permit-
departmental bulletin boards shall ted to influence any action or recommen-
be posted for at least eight(8)calen- dation relative to present employees.
dar days prior to the dosing date.
(Ord. No. 2001-026, § 5, 9-13-01) Sec. 21-5.4. Residence.
There shall be no requirement of residence for
Sec. 21-52. Nepotism. filing application for a position in the City service.
5.2.1. No member of the family of a City Com- Appointees to positions in the City service shall,
missioner, City Attorney, Deputy City At- within ninety (90) days from the date of appoint-
torney,Assistant City Attorney,City Man- ment,establish residence and actually reside dur-
ager,Deputy City Manager,Assistant City ing their Period of employment within the coun-
Manager, or Human Resources Director ties of Broward, Dade or Palm Beach.
shall be hired as an employee of the City.
This does not preclude a family member Sec. 21-5.5. Minimum qualifications.
from acting as an unpaid temporary em- The Director of Human Resources may, after
ployee, such as a summer counselor-in-
consultation with the Department Directors con-
training or unpaid intern. cerned, prescribe specific requirements, physical
5.2.2.No family members shall be employed in or otherwise as in his/her judgment are required
a City Department where the Depart- bonafide occupational qualifications by the na-
ment Director is a family member. ture of the work to be performed. Such require-
meats shall be shown in the examination an-
5.2.3. No person shall be
nouncement, and shall constitute the minimum
ployee in the same division of a depart- qualifications to apply for any particular position.
ment as a member of his/her family. This
Provision shall not apply if a family mem- Sec. 21-5.6. Physical standards.
ber is a temporary employee in the same
division. Requirements for physical and/or psychologi-
5.2.4. Family members for the purpose of this cal examinations and/or drug testing. All new,
Pure reemployed, reinstated and transferred employ-
section only, mean: father, mother, son, ees may be required to undergo a prescribed
SuPP.No.21 2156
PERSONNEL ADMINISTRATION § 21-5.9
psychological and/or physical examination and/or commodation based upon identical recom-
drug testing to be administered by a licensed mendations by two (2) of the three (3)
physician and/or laboratory, designated by the physicians. Those applicants given pre-
City. The purpose of the examination will be to conditional offers of employment who are
determine and certify the psychological and phys- determined to be physically and/or psv-
ical fitness of the applicant and to assess his/her chologically unable to perform the essen-
ability to perform the essential duties and func- tial duties and functions of the position
lions of the position with or without reasonable with or without reasonable accommoda-
accommodation for which appointment is being lion shall not be appointed. When it has
considered. been determined by the Civil Service Board
A physical and/or psychological examina- that a current employee, is physically
tion may be requested for an employee and/or psychologically unable to perform
any time after the original date of employ- the essential duties and functions of the
ment at the discretion of the Director of position with or without reasonable ac-
Human Resources, and subject to the ap- commodation, in the position in which
proval of the City Manager. Determina- he/she is employed may be demoted or
tion of physical and/or mental fitness to terminated from the City Service in accor-
perform' the essential duties and func- dance with this Code.
tions of the position with or without rea-
sonable accommodation will be by a phy- Sec. 21-5.7. Age requirements.
sician or physicians designated by the It shall be the policy of the City that there be no
Director of Human Resources. discrimination in the employment
p yment of any person
When an employee of the City is reported solely on the basis of age.However,the minimum
by the examining physician to be physi- age for regular, full-time employment with the
caUy or psychologically unable to perform City shall be eighteen (18) unless the applicant
the essential duties and functions of the has graduated from high school, earned a GED or
position which he/she is employed,with or is currently enrolled in school or a GED program.
without reasonable accommodation, such (Ord. No. 2001-026, § 5, 9-13-01)
employee may, within five (5) days from
the date of his/her notification of such Sec. 21-5.8. Vacancy and examination an-
determination by the examining physi- nouncement.
cian, indicate, in.writing, to the Director
of Human Resources,his/her intention to Public notice of vacancies and employment
submit the questions of his/her physical examinations shall be given at least six(6)days in
or psychological fitness to a physician of -advance of the closing date of the Position Open
his/her choice. In the event there is a mg Listing (POL), by posting POL announce-
difference of opinion between the menu on Government Center bulletin boards and
employee's physician and the City's phy- in such other places and such other manner as the
sician,the Civil Service Board shall select Director of Human Resources may deem advis-
a third physician to examine the em- able.
ployee. (Ord. No. 2001-026,-§-5,-9-13-0 1) - ---
The Civil Service Board shall, after hav- Sec. 21-5.9. Filing of application.
ing reviewed all three (3) physicians' de-
terminations have the final and binding All applicants for positions in the City service
authority to decide the physical and/or must file written application on the form pre-
psychological fitness of the employee to scribed by the Director of Human Resources within
perform the essential duties and func- the time limit fixed in the examination announce-
tions of the position in which he/she is ment. Defective applications shall be returned to
employed with or without reasonable ac- the applicant with a notice to amend the same.
Supp.No.•21 2157
§21-5.9 COCONUT CREEK CITY CODE
Amendments or corrections must be made within Sec. 21-5.11. Notice of rejection of applica-
the time limit fixed by the Director of Human
Resources. tion.
Whenever an application or applicant is re-
Sec. 21-5.10. Rejection of application. jected, written notice of such rejection and the
reasons for the action shall be given to the appli-
The Director of Human Resources shall reject cant by the Director of Human Resources.
any application or applicant where he/she has
determined:
Sec. 21-5.12. Postponement and cancellation
5.10.1.That the application was not filed within of examination.
the period specified in the examination
announcement or was not filed on the Any examination may be postponed or can-
prescribed form. celled at the discretion of the Director of Human
Resources. In t shall be
5.10.2. That the applicant lacks any of the notified of the postpo Postponement or canceer case, each llati n and
required qualifications set forth in the the reasons for the action.
examination announcement.
5.10.3. That the applicant is unable to perform Sec. 21-5.13. Employment of the disabled.
the essential duties and functions of the
Adisabled person shall be defined as any
Position in which he/she seeks employ-
meat with or without reasonable accom- Person having impairment that substantially
modation, limits one (1)orr more major life activities.
5.10.4.That the applicant has made false state_ Disabled persons will be considered for employ-
ments of a material fact, or practices or ment by the City, unless it is shown that the
nPted to practice any fraud or decep- Particular disability prevents the satisfactory per-
in his/her application or test, or in formance of the essential duties and functions of
attempting to secure an appointment. If the Position for which application has been made
appointed, the Director of Human Re- with or without reasonable accommodation.
sources may cancel the certification and
appointment. Sec. 21-5.14. Veteran's preference.
5.10.5. That the applicant was previously
the City service and was removed -for Veterans applying for re-employment,reinstate-
cause or resigned not in good standing. ment and preference shall be accorded such pref-
erence as required by Chapter 295, Florida Stat-
5.10.6. That the applicant, after notification, sites, as may be amended from time to time.
did not promptly present himself/herself
at the time and place designated for the Sec. 21-5.15. Driver license update.
examination.
5.10.7. The applicant has an employment 5.15.1. The City may obtain the current driver
p yment his- license status for all employees who drive
tory that is inconsistent with the effective -
performance of the duties of the City vehicles.
PP1
which he/she is applying.
ymg• 5.15.2. Upon notification by the Human Re-
5.10.8. That the applicant has previously been sources Department that an employee's
convicted of a felony or first degree mis- driver license has been suspended or re-
demeanor directly related to the position voked,the affected employee shall,within
for which application has been made as forty-eight(48)hours of such verification,
Per 112.011, Florida Statutes, as may be Provide Proof of having a valid driver
amended. license.
(Ord. No. 2001-026, § 5, 9-13-01)
Supp.No.21
2158
PERSONNEL ADMLNISTRATION § 21-6.5
SECTION 21-6. ESANINATIONS ative ratings. Final examination grades
shall be used to establish an eligible list
Sec. 21-6.1. Recruitment by examination. for the position.
6.1.1.All appointments in the classified service 6.3.2. Each applicant taking an examination
shall be made according to skill, ability, shall be given a written notice of the
qualification,merit and fitness.Skill,abil- results.
ity, qualification, merit, and fitness shall 6.3.3. Any applicant shall have the right to
be ascertained by examinations which shall make one (1) personal inspection of his/
be prepared by or conducted by the Direc- her examination papers within thirty(30)
for of Human Resources. All examina- calendar.days from the date of testing. A
tions shall be impartial and shall relate to manifest error in rating a test or test
those matters which will test fairly the
capacity and fitness of the applicants to procedure shall be corrected if called to
discharge efficiently the-duties of the po-
sitions to be filled. Resources within the inspection period.
Such corrections shall not invalidate any
6.1.2. Examinations maybe assembled or non- appointment previously made from such a
assembled,and may include written,oral, list:
physical tests, performance tests, inter- (Ord. No. 2001-026, § 6, 9-13-01)
views, ratings,training, experience, com-
puter-based examinations, criteria rating Sec. 21-6.4. Non-assembled examinations.
forms, or any combination of these. They
may take into consideration character, 6.4.1. The Director of Human Resources may
physical fitness or any other quahfica- conduct examinations for positions on a
tions or attributes which,in the judgment, continuous,non-continuous,assembled or
of the Director of Human Resources,enter non-assembled basis.
into a determination of the relative fit- 6.4.2. The names of successful applicants shall
ness of applicants. be placed on the appropriate eligible list
(Ord.No. 153-97, § 1,9-25-97;Ord.No. 2001-026,
§ 6, 9-13-01) in order of their relative scores, without
reference.to priority of time of examina-
tion.
Sec. 21-6.2. Identity of examinees concealed.
6.4.3.A person who competes unsuccessfully in
The identity of all persons taking competitive or is disqualified from a non-assembled
written tests shall be concealed from the examin- examination for a particular class is eligi-
ers by the use of an identification number which ble to compete in another examination for
shall-be used on all examination papers. This the same class.
number shall be used from the beginning of the (Ord. No. 2001-026, § 6, 9-13-01)
examination until all test papers have been rated.
This provision shall not apply to those skills tests Sec. 21-6.5. Promotional examinations.
that are computerized, and which measure profi-
ciency in a particular computer software pro- 6.5.1. All promotional examinations shall be
gram, typing skill, or other proficiency. publicized at least eight (8) days in ad-
(Ord. No. 2001-026, § 6, 9-13-01) vance of the examination by posting an-
nouncements on bulletin boards 'in the
Sec. 21-6.3. Examinations- Government Center and in such other
places and in such other manner as the
6.3.1.Appropriate scientific techniques and pro- Director of Human Resources deems ad-
cedures shall be used in rating results of visable.Copies of all such announcements
examinations and in determining the rel- shall be furnished to each department.
Supp.No.21 2159
§21-6.5 COCONUT CREEK CITY CODE
6.5.2. When the determination is made that mum of three (3)
there will be a promotional examination, points. The employee
shall then be placed on the applicable
the Director of Human Resources shall eligible list according to his/her total score.
designate the lower class or classes from
which promotion is to be made and shall 7.1.3. Selection for each competitive vacancy
establish the required period of service in shall be made from those persons whose
these classes. names appear in the top five-ranked po-
6.5.3. The Director of Human Resources shall sitions on the eligible list unless all per-
determine the minimum querying grade sons whose names appear in the top five-
for any part or parts of an examination. ranked positions are disqualified for bona
Any applicant for a promotional examina- fide occupational reasons. In the event of
lion who fails to attain at least this min- such disqualification,those persons whose
imum grade shall be considered to have names appear in the next top five-ranked
Positions on the eligible list shall be con-
failed the examination and shall not be
examined on any further parts, if any are sidered. This procedure shall be followed
planned. until all names on the eligible list have
been considered, disqualified, or the va-
6.5.4. In the event that the Director of Human cancy has been filled.
Resources finds that the number of per- (Ord. No. 2001-026, § 7, 9-13-01)
sons qualified to compete in a promotional
examination is five (5) or less, he or she Sec. 21-7.2. Duration of lists.
may,without further examination, certify
as eligible for promotion the names of The duration of each eligible list, and the
those persons qualified to the head of the names appearing thereon,shall be determined by
department in which the vacancy exists. the Director of Human Resources and shall not be
(Ord:No. 137-94, §3, 9-22-94;.Ord.No.2001-026, less than six (6) months nor more than two (2)
§ 6, 9-13-01) years. Any such list, excepting those lists estab-
lished as the result of continuous non-assembled
SECTION 21-7. ELIGIBLE LISTS examination may be vacated after six (6) months
by the Director of Human Resources and a new
Sec. 21-7.1. Establishment of eligible lists. examination scheduled.
7.7.1. The Director of Human Resources shall Sec. 21-7.3. Reemployment lists.
establish and maintain such eligible lists
for the various classes of positions as are 7.3.1. A regular employee who has been invol-
necessary to meet the needs of the service. untarily separated from the City service
Each such list shall contain the names of as a result-of a layoff shall have his/her
those persons who are deemed by virtue name placed on a reemployment list for
of the examination process to be qualified the same class and
to perform the duties required in the time of se position held at the
specific class. Such separation. The name of such
fled and assigned rank upon such lists in
persons shall be noti- employee shall be placed.upon the list in
the order of his/her total continuous time
order of their relative scores as deter- served in the class.
mined. Eligible applicants attaining the
same score shall be considered to have the 7.3.2. Such employee shall be eligible for reem-
same rank on the eligible list. Ployment for a period of one (1)year from
7.1.2. Current City employees applying fora the effective date of his/her layoff. It shall
vacant be the responsibility
position shall be granted one- of each employee to
keep the City advised of his/her current
quarter(V4)City Service Criteria point for
whereabo each year of City service, up to a maxi- uts. Any and all reemployment
rights shall terminate upon employee's
Supp.No.21
2160
PERSONNEL ADMINISTRATION § 21-s.1
failure to accept the position offered within to such list for the duration of his/her
five(5) calendar days following the notice eligibility. The request shall set forth the
of reemployment. reason for the conduct resulting in re-
(Ord. No. 2001-026, § 7, 9-13-01) moval of the name from the list, and shall
further specify the reasons given for res-
Sec. 21-7.4. Removal of names from list. toration of the name.
The Director of Human Resources may at any 7.5.3. The Director of Human Resources after
time, remove the name of an eligible person from full consideration of the request, may re-
a list for any one (1) or more of the following store the name to the eligible list or may
causes: refuse such request. The person shall be
7.4.1.At the request of the eligible. notified in writing of the Director of Hu-
7.4.2.Failure to respond to notice to appear for Resource's action.The decision made for by the Director of Human Resources may
interview within the time limited in such be appealed directly to the City Manager,
notice.. whose ruling shall be final and binding.
7.4.3. Declining an appointment. (Ord. No. 137-94,§ 3,9-22-94; Ord. No. 2001-026,
7.4.4. Failure to notify the Director of Human § 7, 9-13-01)
Resources of a change of address.
7.4.5.Appointment to a regular position through
SECTION 21-8. APPOINTMENTS
certification from a list for another class
at the same or higher salary. Sec. 21-8.1. Original appointment.
7.4.6. In the case of promotional lists, upon 8.1.1. Definition. The initial appointment to a
separation, other than layoff, from the position in a class in the City service.
City service.
7.4.7.In any case where the Director of Human
8.1.2. Probationary period. A probationary pe-
riod shall be regarded as an integral part
Resources finds than an eligible is or has of the examination process and shall be
in any manner become disqualified for the utilized for closely observing the employee's
class for which he/she is listed. . work, for securing the most effective ad-
7.4.8. In the event employee has failed to justment of the..new employee whose per-
maintain a minima or satisfactory level formance does not meet the required work
of performance in his/her present classifi- standards.
cation.
(Ord. No. 2001-026, § 7, 9-13-01) A. All Full-?Ime Employees—probation-
ary period shall be one (1)year from
Sec. 21-7.5. Restoration of names to eligible the date of hire, unless extended. .
lists. Notwithstanding the above, proba-. -
tionary employees on approved leave
7.5.1.Whenever any person's name is removed of absence in excess of thirty (30)
from an eligible list for any one (1) or ---calendar days during their probation-
more of the causes mentioned in the pre- ary period shall have their probation-
ceding section, they shall immediately be ary period extended by the same
notified thereof unless their whereabouts length of time as the entire leave of
are unknown. absence.
7.5.2.Such person may,within five(5)calendar B. Probationary employees on approved
days from date of removal, make a writ- Workers' Compensation leave in ex-
ten request to the Director of Human cess of th
irty(30)calendar days dur-
Resources for restoration of his/her name ing their probationary period shall
Supp.No.21 2161
§21-8.1 COCONUT CREEK CITY CODE
have their probationary period ex- A Competitive: The appointment to a posi-
tended by the same length of time as lion in a'higher class for which an eligible
the entire leave-of absence. list has been established and requires a
C. Prior to completion of the probation- higher level of duties and responsibilities.
ary period, the employee's Depart-
B No -competitive:An appointment to a po-
ment Director shall, through a per-
sonnel evaluation,either recommend sition that has'been reclassified, in which
acceptance as a regular employee, or the incumbent in the reclassified position
recommend an extension of the pro- meets the established minimum require-
batioaary period,or termination.Such ments.
request for extension of an employee's
probationary period shall not be ar- 8.2.2. Probationary period. There shall be a
bitrary or capricious, and shall re- nine (9) month probationary period from
quire a detailed explanation of the the date of promotional appointment to a
reason(s)for the request.The eaten- position. If the employee has not served a
sion of the probationary period shall one-year probationary period in a lower
not exceed ninety (90) days. Any position, then the promotional probation
extension of the probationary period shall be extended so that the employee
shall change an employee's anniver- serves a total of one (1) year probation.
sary date for pay-for-performance pur- After the successful completion of the
poses. probationary period,the person shall be a
D. No recommendation for acceptance, regular employee in such position. In the
extension or termination shall be- event the appropriate Department Direc-
come final until approved by the for determines that the employee is not
City Manager. adequately performing in the new promo-
tionalProbationary Position,the employee shall be given
nary employees can be rep- written notice of deficiencies and given
rimanded, suspended, demoted, or thirty (30) days to rectify said deficien-
terminated for any reason, without cies.In the event said deficiencies are not
cause and without recouise to the corrected within said thirty (30) day
Civil Service Board, as contained in riod, he/she may be placed back into the
Section 21-14 entitled "Disciplinary position he/she originally held
Appeal Process"or Section 21-15 en- there is a vacancy provided
titled "Grievances." cy, or may be placed back
into any other job for which he/she pos-
F. Rate of Pay. Initial compensation for sesses the skill, ability, and qualifications
employees in the Civil Service shall for, so Jong as there exists a vacancy for
be at the entry level pay rate in the such position. If no vacancy exists, the
assigned pay range, unless the City employee shall be terminated, but shall
Manager approves initial compensa- be eligible for re-employment with the
tion at a higher rate than entry City in accordance with Section 21-7.3. of
level. The City Manager may-.ap- . this Code.
prove initial compensation at any -
pay rate within the position pay 8•2•3•Rate of pay shall be the lowest pay rate in
range. the higher range that shall provide an
(Ord.No. 153-97, § 1, 9-25-97; Ord.No.2001-026, eight percent (8%) increase over the pay
§ 8, 9-13-01) rate received prior to the promotion. A
promotion changes an employee's anniver-
Sec. 21-82. Promotional appointment. sary date for pay purposes.
8.2.1.Definition.
(Ord.No. 153-97, § 1, 9-25-97; Ord.No.2001-026,
§ 8, 943-01)
Supp.No.21 2162
PERSONNEL ADMINISTRATION § 21-8.10
Sec. 21-8.3. Seasonal appointment. 8.6.3. Rate of pay. The rate of pay shall be at
the same pay rate he/she was at when
8.3.1.Definition.The appointment to a position laid-off, provided the employee is recalled
that is seasonal in nature, and which is to his/her position within two (2) years.
for a period of time six(6)months or more (Ord. No: 153-97, § 1, 9-25-97)
in any twelve (12) month period.
8.3.2. Probationary period. (Not-applicable). Sec. 21-8.7. Re-instatement.
8.3.3. Rate of Pay. Established by the Classifi- 8.7.1. Definition. The appointment of a former
cation and Pay Plan. employee who has resigned in good stand-
(Ord. No. 2001-026, § 8, 9-13-01) ing from the City service, to the same or
lesser position in the same class.
Sec. 21-8.4. Temporary appointment. 8.7.2:.Probationary period shall be one (1)year
from date of re-instatement.
8.4.1.Definition.The appointment to a position 8.7.3. Rate of pay. Same as original appoint-
in a class in which employment is for a ment.
specific period of time not to exceed one
hundred sixty(160) calendar days in any Sec. 21-8.8. Transfer.
twelve (12) month period.
8.8.1. Definition. The change of an employee,
8.4.2. Probationary period. (Not applicable). without a break in service,from a position
8.4.3. Rate of pay. Same as original appoint- in the same or similar class to anotherdivision or department within the City
meat.
(Ord. No. 2001-026, § 8, 9-13-01) service.
8.8.2. Probationary period. (Not-applicable)
Sec. 21.8.5. Emergency appointment. 8.8.3.Rate of pay. (Not-applicable)
8.5.1.Definition.The appointment to a position Sec. 21-8.9. Demotion.
authorized by the City Manager due to
riot, conflagration, natural disaster or 8.9.1.Definition. The change of an employee to
emergency which threatens life, property a lesser position in a lower class.
or the general welfare of the City. Such 8.9.2. Probationary period. (Not applicable).
appointment shall not exceed thirty (30)
days, unless approved by the City Com- 8.9.3.Rate of pay. As determined by the Direc-
mission. for of Human Resources with the ap-
proval of the City Manager.
8.5.2. Probationary period. (Not-applicable) (Ord. No. 2001-026, § 8, 9-13-01)
8.5.3.Rate of pay. Established by City Manager Sec. 21-8.10. Pay range reallocation.
Sec. 21-8.6. Re-employment. 8.10.1. Definition. Pay range adjustment up-
___ ward or downward of a position in a class
8.6.1. Definition. The appointment of a former to allow recruitment at entry level as
employee who has been involuntarily sep- warranted by wage study of similar posi-
arated (laid off) from the City service tions.
without fault or delinquency on his/her 8.10.2. Probationary period. (Not-applicable)
part, to the same position in the same
class. 8.10.3.Rate of pay.An employee whose position
is reallocated upward within the pay plan
8.6.2.Probationary period shall be six(6)months may maintain the same rate of pay as
from date of re-employment. held prior to reallocation. An employee
Supp.No.22 2163
§ 21-8.10 COCONUT CREEK CITY CODE
whose position is reallocated downward SECTION 21-9. EMPLOYEE BENEFITS
and whose current pay rate is outside the
range of the new position shall maintain All full-time employees in the Civil Service
the same rate of pay, until such time as shall be entitled to the following benefits:
the amount of the pay range surpasses
the amount of pay the employee is receiv- Sec. 21-9.1. Longevity plan.
ing for his/her position. 9.1.1.Longevity allowances for employees hired
(Ord. No. 153-97, § 1, 9-25-97; Ord.No. 2001-026, before 9/25/80:
§ 8, 9-13-01)
- - - A- After completion of five (5) years of
Sec. 21-8.11. Temporary assignment. service, 2% of annual salary.
B. After completion of ten (10) years of
8.11.1.Definition.Atemporary assignment rep- service, 4% of annual salary.
resents the assignment to a position which C- After completion of fifteen(15)
has been temporarily vacated by a City p years
employee for reasons including, but not of service, 6% of annual salary
limited to illness, or leaves of absence.All 9.1.2.Longevity allowances for employees hired
temporary assignments shall be with the after 9/25/80:
prior approval of the City Manager. A. After completion of
8.11.2.Probationary period. (Not applicable). three (3) years of ser-
8.11.3.Rate of pay. An employee who is tempo- vice.. ..' . '.• ' '' ' $250.00
rarily assigned the duties and responsibil- B. After completion of six
ities of a position which has a higher pay (6)years of service. . . . 400.00
classification than the permanently as- C- After completion of nine
signed position shall be compensated at (9)years of service . . . . 550.00
four percent (4%) above his/her current D. After completion of
pay rate, after serving at least five (5) twelve(12)years ofser-
consecutive working days in the tempo-
rary assignment. The higher rate of pay •. . • . 700.00
shall begin on the first day following the E, After completion of fif-
completion of the five(5)consecutive work- teen (15) years of ser-
ing days minimum service. vice. ... .. ..... ... . . 850.00
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 143-95, 9.1.3. Longevity shall not be calculated with
§ 1, 9-28-95; Ord. No. 153-97, § 1, 9-25-97; Ord. the employees wage, but will be.main-
N
o. 2001-026, § 8, 9-13-01) tained as a separate benefit.
Sec. 21-8.12. Seniority. 9.1.4. Longevity payment shall be made one(1)
time per year. Payment of this benefit
A. Seniority shall be computed from the most shall be on the first bi-weekly pay period
recent date of hire. in December. Longevity eligibility is de-
fined from November 30th to November
B.' Employees with the highest seniority shall 30 of each year.
have first preference of shift election and sched- (Ord. No. 2001-026, § 9, 9-13-01)
ule changes. In the departments that bid for
vacation leave,employees with the highest senior- Sec. 21-9.2. Retirement plan.
ity shall have first preference in selecting vaca- 9.2.1. All full_
dons. In the event of a tie in seniority, the time and regular part-time em-
employees shall flip a coin one (1) time to deter- Ployees shall participate in a retirement
mine whose seniority shall prevail. programoffered by the City Participation
(Ord. No. 2001-026, § 8, 9-13-01) is a term and condition of employment.
For separation from the City to be consid-
Supp. No:22 2164
PERSONNEL ADMLNISTRATION § 21-9.2
ered "retirement", for the purpose of re- Residual Amount, which is defined
tirement plan benefits contained in this as the difference between fourteen
Section 21-9.2 only, an employee shall percent (14%) of their gross wages
have completed ten (10)years of continu- and the amount necessary to be con-
ous service at the age stipulated in the tributed to the Florida Retirement
retirement plan in which the employee is System (FRS) by the City on their
a participant for early or normal retire- behalf.The City shall contribute any
went. Residual Amount into the employee's
9.2.2. 457 account or any other tax de-
A. All full-time and regular part-time ferred saving plan, at the option of
the employee, if such other tax de-
employees entering City service on ferred saving plan is offered by the
or after May 1, 2002, shall be a City.If the amount to be contributed
participant in the Florida Retire- to the Florida Retirement System
ment System(FRSY All regular part-
time employees in the City service (FRS) as determined by the State of
on or before April 30,2002 shall be a Florida on his/her behalf increases
participant. in the Florida Retire- to an amount equal to or exceeding
ment System (FRS).All Florida Re- fourteen percent, (14%) of an
tirement System (FRS) terms and employee's gross wages, the Resid-
conditions are as provided by Chap- ual Amount shall be.reduced to zero
ter 121, Florida Statutes and the percent (0%), and,no additional con-
Florida Administrative Code,as may tribution into an employee's 457 ac-
be amended•from time to time. count or other account shall be made.
B. All full-time employees in the City 9.2.3.Once each year, on or before the first pay
service on or before April 30, 2002 in October,participants,remaining in the
shall elect to remain in the ICMA ICMA Retirement Corporation's 401 plan,
Retirement Corporation's 401 Retire- based on a majority vote, shall have the
ment Plan .pursuant to the terms right to increase the percentage of their
and conditions of the contract be- mandatory contribution into the ICMA
tween the City and the ICMA Retire- 401 Account. The employee's mandato
meat Corporation, or shall elect to �'
become a participant in the Florida contribution shall not be less than nine
Retirement System(FRS).This elec- percent (5%) of their gross wages.
tion.,once made,shall be irrevocable. g 2 4 All employees, except temporary employ-
C. The ICMA 401 retirement age from ees, shall have the option of participating
City service shall be defined as at- in the ICMA Retirement Corporation's.
taining age 55. Employees electing 457 Deferred Compensation Retirement
to remain in the ICMA Retirement Plan or any other 457 plan providers as
Corporation 401 plan shall be re- may be amended from time to time.Those
quired to make a mandatory contri-
bution to the plan pursuant to Sec- - employees who elect to participate in the
�
lionFlorida Retirement System (FRS) p
9.9.3. The City's contribution ursu-
shall be fourteen percent(14%)of an ant to Section 9.2.2(B) shall enroll in the
employee's gross wages. ICMA Retirement Corporation's 457 plan
in order for the City's Residual Amount
D. For all full-time employees employed contributions,if any,to be placed therein.
on or before April 30, 2002 who elect Employees w_ ho fail to enroll in ICMA
to participate in the Florida Retire- Retirement Corporation's 457 Deferred
ment System (FRS), there may be a Compensation Retirement Plan shall be
Supp. No.22 2165
§21-9.2 COCONUT CREEK CITY CODE
deemed to have permanently forfeited any tributions. The maximum cash distribu-
right to any Residual Amount contribu-
tions. tion from the Group Insurance Program
shall not exceed four thousand nine hun-
(Ord.No. 128-98, § 1, 10-8-98; Ord. No. 2001-026, dred dollars
§ 9, 9-13-01; Ord. No. 2002-05, § 1, 4-11-02) (�,900.00) per year for full-
time employees. The Human Resources
Sec. 21-9.3. Insurance program. Department shall maintain examples on
file to clarify employees'understanding of
9.3.1. The City shall require employees to pur- this provision.
chase minimum life insurance, accidental 9.3.3. In the event the cost of the program
death and dismemberment insurance,and selected by the employee is less than the
maximum Short-term Disability Insur_ cash contribution amount approved by
ance. During open or initial enrollment, the City Commission, the employee may
all employees who decline health insur-
ance shall show proof of such coverage elect one (1) of the following choices:
.through another policy. The City shall A- To take the unspent allocation in
make available to all full-time employees cash on a per pay.period basis.
a group insurance program which shall B. Tb have the City contribute the un-
include, but not be limited to: spent allocation into their 457 De-
A. Health and accident insurance in- ferred Account on a per pay period.
cluding major medical basis.
B. Life insurance C. To take a portion of the excess in
C. Accidental death and dismember- cash and have the remainder of the
meat insurance excess placed into their 457 Deferred
D. Short-term Disability Insurance Account, on a per pay period basis.
9.3.2. The City Commission shall determine 9.3.4.The City reserves the right to change the
insurance carriers or the method of fund-
the City's contribution toward the cost of ing said group such insurance program. City contribu- p insurance programs.
lions shall be made on a pro rata basis 9.3.5. The City agrees to provide a Long Term
each pay period. Effective upon the effec- Disability insurance policy for full-time
tive date of this section, the City's contri- employees at no cost to the employees.
button shall be four thousand nine-hun-
dred Compensation Pro-
9.3.6. Retirement Medical Com
(4,900) flex credits per full-time p
employee. Effective October 1, 2001, the gram'
City Commission shall allocate"an addi- A. The Retirement Medical Compensa-
tional six hundred(600)optional flex cred- tiori Program provides for com ensa-
its Per full-time employee.Thereafter,the tion for those employees eligible for
total flex credit amount available for full_ the City's group health insurance
time employees shall be the sum of four plan to continue purchasing medical
thousand nine hundred f4,900)flex cred- insurance after the employee has
its Plus six hundred--(600)..optional flex retired-from*City service until the
credits.Such additional optional flex cred- retiree becomes eligible for Medi-
its can only be used to purchase 125 care.
Cafeteria Plan insurance benefits. The
additional six hundred(600) optional flex B. All full-time regular employees are
credits shall not be redeemable in cash eligible for the Retirement Medical
and therefore shall be excluded from health Compensation Program after attain-
and dependent care deferred spending ing a minimum age of fifty-five (55)
accounts and 457 Deferred Account con- and after having completed ten (10)
Years of continuous service.
SupP.No. 22
2166
PERSONNEL ADMINISTRATION 3 21-9.4
C. This Retirement Medical Compensa- eligibility pursuant to this sub-section shall
tion Program shall provide,one hun- be filed and received by the City by the
dred fifty dollars($150.00)per month, last day of the month in which retirement
for the benefit of the retiree, toward occurred.If such a claim is not received by
insurance premiums. Any charges the last day of the month in which retire-
above one hundred fifty dollars ment occurred, said claim shall be forever
($150.00) either due to rate changes barred.
or family status, shall be the obliga-
tion of the retiree payable to the City 9.3.8. Loss of eligibility-for medical retirement
to be paid quarterly in advance of compensation and retirement medical en-
the premium due date. If a retiree is titlement. Should a retired City employee
insured through a program not spon- subsequently enter into an employment
sored by the City, the benefit of one relationship, in which an employer pro-
hundred fifty dollars ($150.00) shall vides medical benefits and/or duplicated
be provided directly to the retiree, group benefits, the Retirement Medical
Retirees may be requested in writ- Compensation Program and Retirement
ing to provide proof of coverage Medical Entitlement shall terminate.Upon
through a program not sponsored by written request from the City, retirees
the City. If a retiree fails to provide shall be required to provide the City's
proof of coverage, the Retirement Risk Management Department their Fed-
Medical Compensation Program shall eral W 2 Wage and Tax Statement on or
cease, and the retiree shall receive before February 15 of each calendar year.
no further payments.Employees shall Failure to provide the W-2 may result in
provide a thirty-day written notice the termination of the Retirement Medi-
to the City's Human Resources Di- cal Compensation Program and Retire-
rector prior to retiring from City meat Medical Entitlement. In any event,
service. Should an employee retire this provision shall not provide deferred
without giving thirty-day written no- benefits upon retirement from City ser-
tice, a claim for benefits pursuant to vice.In this regard,any lapse in a retiree's
this sub-section shall be filed and medical coverage or City sponsored group
received by the City by the last day benefits will forever terminate the Re-
of the.month in which retirement tied Medical Compensation Program and
occurred. If such a claim is not re- Retirement Medical Entitlement.
ceived by the last day of the month (Ord.No. 153-97, § 1,9-25-97; Ord.No. 2001-026,
in which retirement occurred, said § 9, 9-13-01; Ord. No. 2002-005, § 1, 4-11-02)
claim shall be forever barred.
9.3.7.Retirement Medical Entitlement.Retire- Sec. 21-9.4. Voluntary Tuition Reimburse-
ment from the City for the exclusive pur- meat Program (VTR.P).
pose of continuing City sponsored group. 9.4.1.Purpose. To provide tuition assistance to
insurance eligibility pursuant to Section regular,full-time employees participating
112.0801, Florida Statutes, as amended, in training or educational programs de-
is hereby defined as a full-time regular signed to strengthen their abilities,which
employee completing ten (10) years of in turn directly benefits the City.
continuous City service and attaining a
minimum age of fifty-five(55).Employees 9.4.2. Authority. The City Commission shall
shall provide a thirty-day written notice determine through the annual budget pro-
to the City's Human Resources Director cess the amounts of funds available for
prior to retiring from City service. Should the VTRP.. Requests for reimbursement
an employee retire without giving thirty- are subject to the availability of funds for
day written notice, a claim for benefits such program.
Supp.No.•22 2166.1
§21-9.4 COCONUT CREEK CITY CODE
9.4.3. Procedure.
A . By April 1 of Each year, employees
shall notify the Director of Human
Resources, in writing, of their inten-
tion to seek reimbursement in the
upcoming fiscal year.
B. Such request requires approval by
the Director of Human Resources
and the City Manager,as job related.
C. Employee shall pay his/her tuition
at time of enrollment in approved
course.
D. Books, materials, supplies, activity
fees and other school fees shall be
the employee's responsibility.
E. The amount payable for such reim-
bursement shall be based upon and
not exceed the established credit hour
rate of tuition as charged in the state
university system at the time en-
rolled, regardless of the employee's
election to attend a private univer-
sity or college. Upon employee's suc-
cessful completion of approved course
with a final grade of"P"or"S"or"A",
the City will reimburse the em-
ployee for one hundred percent(100%)
of the tuition; seventy-five percent
(75%) reimbursement for a grade of
'S"; and fifty percent (50%) -reim-
bursement for a grade of "C", pro-
vided that employee furnishes pay-
ment receipt and official grade report.
No payment shall be made for any
other grade. No payment shall be
made for a grade of"C"or less at the
graduate level.
Supp.No.22 2166.2
PERSONNEL ADMINISTRATION § 21-10.1
F. The maximum tuition reimburse- ment Directors for their respective
ment available to any employee shall departments with the approval of
be eight hundred dollars ($800.00) the City Manager. In order to main-
for course work at the State of Flor- tain essential public services, the
ida community college level or one City must reserve the right to have
thousand four hundred dollars such flexibility in working hours as
($1,400.00) for course work at the to properly conduct its operations.
State of Florida university or private Therefore,the City reserves the right
college level,or the actual cost,which- to determine and establish the hours
ever is less, per year. of work and work schedules for each
G. Training and/or study time will be employee. For each department, di-
undertaken during .the employee's vision or shift, the City shall have
off-duty time. the right to fix, alter or change the
9.4.4. Payment to City upon resignation. If an work week,work day, the number ofhours worked, the number of shifts
employee resigns his/her employment with and the starting and ending time of
the City within twelve (12) months from each. The specific work schedule the date of completion of any course for es-
tablished for each department, divi-
which employee has received City tuition sion or shift may be changed by the
reimbursement,'then the amount of said City from time to time with five (5)
reimbursement shall be repaid to the City
by the employee by deduction from the working days notice, when practica-
employee's final paycheck ble, to the affected employee(s), ex-
cept in declared emergency situa-
9.4.5. In the event that the employee's final tions.Employees shall be required to
paycheck is lesser than the amount reim- report for mandatory overtime un-
bursed and employee fails to reimburse der the following conditions: Three
the City within thirty (30) days, and the (3) workdays notice for non-emer-
services of an attorney are required to gency required overtime, and imme-
collect such refund, such attorney's fees diate notice if a City emergency has
and court costs shall be added to the been declared by the City Manager
reimbursement owed to the City. and/or City Commission, or a Hurri-
(Ord. No. 153-97, § 1, 9-25-97; Ord.No.2001-026, cane Watch/Warning or Tropical
§ 9, 9-13-01) Storm Watch/Warning has been is-
sued by the National Weather Ser-
Sec. 21-9.5. Leave benefits. vice for an area in South Florida
The City shall maintain a leave program as which includes Coconut Creek,or for
described in the Attendance and Leave section of special needs of the department in-
this Code. cluding the maintenance of mini-.
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 143-95, mum staffing.
§ 1, 9-28-95; Ord. No. 2001-026, § 9, 9-13-01) B. In the event of a Tropical Storm
Watch/Warning or Hurricane Watch/
SECTION 21-10. ATTENDANCE AND Warning being issued by the Na-
LEAVE tional Weather Service, on-duty per-
sonnel, including dispatchers, who
Sec. 21-10.1. Hours of work. are subject to having their workshift
10.1.1. The hours of work for employees are as extended for overtime purposes,shall
be permitted up to two (2) hours of
follows: on-duty time to report to their resi-
A. The established work week and hours dence for the purpose of making fi-
of work shall be set by the Depart- nal preparations or evacuation for
Supp.No.21 2167
§21-10.1 COCONUT CREEK CITY CODE
storm protection.Scheduled time off
shall be at the discretion of the De- Ployee shall receive eight (8)
Partmeat Director in order to main- hours of holiday pay at the
taro departmental operations. employee's regular rate of pay.
C. Failure to report for mandatory over- 2. When the employee works on
the holiday, he/she shall re-
time, when ordered, may result in
disciplinary action up to and includ- ceive eight (8) hours of holiday
ing termination for cause. pay at the employee's regular
rate of pay and eight (8) hours
10.1.2. Employees shall not normally be autho- of pay at the employee's over-
rized to be in non-public areas or on City time rate of pay.
property for more than twenty-five (25) 3. If an employee is called in to
minutes prior to and/or after their sched- work on the employee's regular
uled hours of work unless the employee is day off, regardless of whether
on authorized overtime or call-out. Em- or not a holiday has occurred
ployees who come to work early or stay during the week, the employee
late, unless assigned to do so, are consid- shall be paid overtime for the
ered to be therefor strictly social or per- three (3)hour minimum, or for
sonal reasons. time actually worked, which-
(Ord.No. 153-97, § 1,9-25-97; Ord.No. 2001-026, ever is greater._..
§ 10, 9-13-01) 10.2.2. Call-out procedure.
Sec. 21-10.2. Overtime Compensation. A. The call-out duty roster shall be es-
10.2.1..Overtime Requ tablished by the division manager.
irements. When circum- Determination of qualification of em-
stances require reasonable overtime on ployee will be based on level of expe-
the Part of any full-time employee,he/she rience and division training.
will be asked to work such reasonable and B. The roster will consist of those divi-
scheduled overtime.�Such"overtime shall
be performed only with authorization of sion.employees determined as qual-
the Department Director. Compensation ified and., outlined in subsection A-
for authorized overtime shall be provided Those employees will be listed on a
in the budget and approved by the City roster based on seniority, An em-
Manager ployee who does not accept the duty
is placed at the bottom of the list;
A. Employees that have proper autho- any employee that volunteers to "fill
rization and approval for overtime in" for a scheduled employee, does
shall be compensated at the rate of not change his/her position on the
one and one half.UV2) times their roster. Furthermore, the fill-in em-
normal hourly rate or,in lieu of paid ployee is to be asked to"fill in"based
overtime,granted compensatory time on the order of seniori
as describe d under Section,.10.6.10. ments shall be given in tu Assign_
turn based
of this Code-In-declared emergency on the roster. Should an employee
conditions,_'paid _overtime shall be decline the overtime duty, then the
mandatory, and compensatory time overtime shall be offered to the per-
shall not be granted. son whose turn is next on the roster.
B. Holiday pay shall not be considered C- On Thursday of each week, the Di-
hours worked for overtime purposes. vision Manager will determine and
1. When an employee's regular.day Publish the employee name, home-
off falls on a holiday, the em- Phone number, call-out pager num-
ber and cell phone number, along
SuPP•No.21
2168
PERSONNEL ADMINISTRATION § 21-10.2
with the Supervisor on Duty's name, (3)hours,the employee shall remain
home phone number, pager and cell in overtime status and shall be com-
phone numbers. "Supervisor on Du- pensated for the total actual hours
ty" is to be shared by division Fore- worked at the rate of time and a half
man, Supervisor and Manager in (11/2). If while working on the initial
each division. call-out the employee receives a sub-
D. Assigned call-out duty:Call-out duty sequent call-out, the employee shall
shift begins on Friday of each week remain in overtime pay status and
at the end of the work day at 4:00 shall be paid for the total hours
p.m. The call-out duty ends on Fri- worked. If after the first call-out,the
day of the following week at the start employee returns home and is sub-
of the workday.At the completion of sequently called-out, a new three-
the call-out shift, the call-out em- hour minimum shall begin.
ployee will turn in the cell phone and G. Assigned
charger, call-out pager, and call-out call-out duty persons will
duty log to the Division Staff Assis- be paid one hundred dollars($100.00)
tart.Each call-out shall be approved per week as on-call premium and
by the Supervisor on Duty, at the shall have the use of a take-home
discretion of the Division Manager. City vehicle for the week. Any em-
The Supervisor on Duty will be re- ployee on call-out duty with a City
sponsible to assign in providing ex- take-home vehicle is subject to the
tra manpower and equipment based following additional rules and regu-
on seniority rotation. lations. Any violation of said rules
and regulations may subject the em-
E. Employees accepting call-out duty ployee to disciplinary action as con-
agree to make themselves available tained in Section 21-12 of this chap-
and physically able, at all times, to ter.
respond to requests from Public
Safety Dispatch and/or Public Ser- 1. . Only the assigned employee may
vices supervisory personnel. In the operate the vehicle.
event a personal emergency occurs 2. The vehicle is to be driven from
while an employee is on assigned the City's work site directly to
call-out duty,it shall be the employee's the employee's residence.
responsibility to immediately notify
the designated supervisor. In the 3. No passengers are permitted at
event the assigned employee does any time.
not respond to a call-out request, 4. When -the employee is called
with the exception of a previously out, he/she is to proceed di:-
reported personal emergency,the em- rectly to the call out site, and
ployee will be subject to disciplinary back to his/her residence, un-
action as enumerated in section 21-12 less otherwise instructed by the
-- of this Code. Supervisor on duty.
F. If any employee responds to a call- H. Reimbursement for local travel miles
out,he/she shall receive a minimum shall be available if the employee
of three (3)hours at time and a half fills out th
(1V2)regular pay unless he/she qual-
ified for overtime as described in I. The Department Director or autho-
section 21-10.2 of this Code. There rized designee will try, insofar as
shall be no payment for travel time. practicable, to distribute overtime
If the initial call-out exceeds three work as equally as possible among
Supp.No.21 2169
§21-10.2 COCONUT CREEK CITY CODE
the qualified employees of the depart- visor on Duty's name, home
ment, on a rotating basis by senior- phone number, pager and cell
ity. phone numbers.
J. The provisions of the Fair Labor 3. Assigned Off-Duty Computer-
Standards Act,and any amendments Based Utility Management
thereto as are applicable to munici- Duty.Off Duty Computer-Based
pal employees, shall apply to the Utility Management Duty shift
provisions of this section. begins on Friday of each week
K Unforeseen Facility Closures. In the at the end of the work day.The
event of an unforeseen facility clo- Off-Duty Computer-Based Util-
sure of less than one (1) workshift, itY Management Duty ends on
i.e., air conditioner breakdown, fire, Friday of the following week at
flood, or other event that creates the start of the workday.At the
intolerable working conditions, only completion of the call-out shift,
those employees affected may be dis- the call-out employee shall turn
missed from work with pay at the in the Off-Duty Computer-Based
discretion of the City Manager. Such Utility Management Log to the
action shall not result in additional Division Staff/Administrative
compensation for non-affected em- Assistant..Each call-out shall
ployees. For closures exceeding one be approved by the supervisor
(1) work shift, the City shall make on duty, at the discretion of the
alternate workplace facilities avail- Division Manager.
able, to the greatest extent possible. 4. Employees accepting Off-Duty
L. Off-Duty Computer-Based Utility Computer-Based Utility Man-
Management.The Off-Duty Comput- agement Duty agree to make
er-Based Utility Management Ros- themselves available and phys-
ter shall be established by the Divi- 1CallY able, at all times, to re-
sion Manager. Determination of spond to Pages from the City's
qualification of employees shall be automated telemetry system.
based on level of experience and di- The assigned employee shall be
responsible for the City-issued
vision training, laptop computer.In the event a
1. The roster shall consist of those personal emergency occurs while
division employees determined an employee is on assigned Off-
as qualified and outlined in sub- Duty Computer-Based Utility
section A,above.Those employ- Management Duty, it shall be
ees shall be listed on a roster the employee's responsibility to
based on division seniority.As- immediately notify the desig-
signment shall be based on the nated Supervisor. In the event
roster. An employee who does the assigned employee does not
not accept the duty is placed at respond to an Off-Duty Comput-
the bottom of the roster. er-Based Utility Management
2. On Thursday of each week the page, with the exception of a
Division Ma previously reported personal
publish
shall deter- emergency, the employee shall
mine and pubblish the employee name, home phone number, be subject to disciplinary action
as enumerated in Section 21-
12,entitled "Rules and Regula-
tions for Disci pline.-
SuPP.No.21 2170
PERSONNEL ADMINISTRATION § 21-10.E
5. If an employee responds to a Sec. 21-10.5. Absence without leave.
page for Off-Duty Computer-
Based Utility Management The absence of an employee from his/her regu-
Duty,he/she shall receive amin- lar assigned duties for a single day or part of a
imam of one (1) hour at time day, without proper authorization by the depan-
and one half(1�/s) re ment director, shall be deemed absence without
regular pay. leave.Any such absence shall be without pay and
If the response to the initial nli
subject to disci
page exceeds one (1) hour, the 1 disciplinary action.
employee shall remain in over- Sec. 21-10.6. Leave.
time status for the actual hours
worked.Assigned Off-Duty Com- All authorized absences from work shall be
puter-Based Utility Manage- covered under one of the following types of leave:
ment Duty persons shall be paid a) Sick leave
fifty dollars ($50.00) per week b) Funeral leave
as on-call premium and shall
have the use of a take-home c) Military leave
City laptop computer. d) Vacation leave
10.2.3. Employees shall.be relieved from duty e) Holiday leave
with pay for up to eight(8) hours as soon f) Leave of absence without pay
as possible following any major trau- g) Jury duty
matic,on-duty incident that the employee h) Occupational disability leave
was directly involved in, at which time
the employee shall attend on-duty Em- i) Compensatory leave
ployee Assistance Program (EAP) ses- j) Personal leave
sions as scheduled by the Human Re- k) Fly Medical Leave (FMLA)
sources Department.
(Ord. No. 168-97, § 1, 12-11-97; Ord. No. 128-98, 1) Administrative leave
§ 1, 10-8-98; Ord. No. 2001-026, § 10, 9-13-01) 10.6.1. Sick leave.
A. Earned.Each full time and part time
Sec. 21-10.3. Attendance. employee shall accrue.0462 hours of
sick leave allowance for each hour of
Each department director or his/her designee regular paid service. Sick leave is
shall be responsible for the attendance of all earned from the date of employment.
persons in his/her department, shall maintain B. Sick leave shall not be granted in
records and report such attendance in such a advance of actually being accrued.
manner as required by the City Manager.
C. Accumulation. Sick leave may be ac-
cumulated to a maximum of six hun-
Sec. 21-10.4. Authority for absence. dred twenty(620)hours as of Novem-
ber 1st of any year. If an employee
No employee shall be absent from his/her reg- accumulates over five hundred twenty
ularly scheduled duties except by authority of the (520) hours, the City shall convert
department director or other designated supervi- for cash payment to the employee all
sor. Employees absent due to reasons beyond sick leave over five hundred twenty
their control will be responsible for notifying their (520) hours at the rate of two (2)
immediate supervisor no later than one (1) hour hours of sick leave for one(1)hour of
after the beginning of the scheduled workday, if pay.Payment of this conversion shall
possible,or within such period as required by the be on the first bi-weekly pay period
employee's department rules and regulations. in December.The employee shall not
Supp.No.21 2171
¢21-10.6 COCONUT CREEK CITY CODE
be given cash for any amount in 5. Resignation or layoff with less than
excess of five hundred twent
y (520) three (3) years of service—No pay-
hours upon separation of employ- ment.
ment.
6. Termination—No payment.
D. Sick leave incentive. Any full-time em- F. Usage.
ployee who does not utilize their sick
leave benefit for a period of six(6)consec- 1• Sick.leave shall not be consid-
utive months shall be awarded eight (8) -red as a right which an em
- - ---PlOYee may use at his discre-
additional hours of vacation leave, not to tion. It shall be considered as a
exceed sixteen (16) hours in any twelve privilege which shall be al-
(12) month period. This benefit shall be lowed Only
pro-rated for part-time employees.No art s the case it per-
pro-rated sonal sickness or disability, in-
of any consecutive six(6)month period for cluding pre
gnancy of th
which employee has earned additional employee,or in the case of sick-
vacation leave,may be used to satisfy any ness in the immediate family.
future award of additional vacation leave. No more than forty (40) hours
Each employee is responsible for request- in any calendar year may be
ing the Sick Leave Incentive Form to taken as sick leave due to ill-
submit to the person responsible for pay- ness within the immediate fam-
roll submission within their Department ily.This limitation does not ap-
within thirty(30) days of their eligibility. ply to an employee who meets
E. Separation.'U on permanent separation the definition of extraordinary
P P P
from the City, an employee, or his/her. circumstances as defined in Sec-
designated beneficiary will be paid for and Medical Leave as described
accumulated sick leave at their pay rate in Section 10.6.12.
at the time of separation as follows: 2. In order to be
gz'anted sick Ieave
1. Upon death, regular retirement, or with Pay, ..an employee must
early retirement—One hundred per- meet the following conditions:
cent (100%b) of each hour accumu- a. In the event that an em-
lated. ployee is aware in advance
that sick leave benefits will
2• Resig
nation or layoff in good stand- be needed or due, it shall
ing after completion of twenty (20) be the duty of the em-
years ofcontinuous full time service— ployee to notify the Depart-
One hundred percent(100%)of each went Director as far in
hour accumulated. advance as
possible in -
3. Resignation or layoff in good stand- writing of the anticipated
._ing_after completion._of fifteen (15) time and duration of such
Years of service,but less than twenty sick leave, the reason for
(20) years of.service—Seventy-five requesting such sick leave
percent(75%) of each hour accumu- and medical Certification
lated. that the employee will be
unable to perform his/her
4. Resignation or layoff in good stand- now work function.Em-
ing after completion of three(3)years Ployees will be required to
f service-Fifty.percent (50%) of be� using sick leave on _
each hour"accumulated. the date after which their
doctor certifies that they
Supp.No..21
2172
PERSONNEL ADmwisTRATION § 21-
are medically unable to sary standard for effici
perform their normal du- performance of his/her,
ties. An employee on sick ties.
leave is required to notify f. Evidence of abuse of s
the Department Director, leave shall constitute i
at the earliest possible time mediate grounds for t
of the anticipated date on urination or disciplin;
which the employee will action as recommended
be able to resume his/her the Department Direc
normal duties. Any era- and with the approval
ployee obtaining sick leave the City Manager.
benefits by fraud, deceit, G. Donation of accrued sick/vacati
or falsified statement shall leave.
be subject to disciplinary
action, including, but not 1. Civil service employees may c
limited to suspension or hate accrued sick/vacation lea
dismissal. to a designated City service e:
ployee whenever extraordina
b. Permit such medical ex- circumstances require the &
amination,nursing visit or ignated employee to be abse
inquiry which the Depart- from work for a lengthy peri
meat deems desirable. of time and when the employ
C. File a written request for has exhausted all accrued typ
unanticipated sick leave on of leave due and owing him/hc
the form and in the man-' In no case shall an employee 1
ner prescribed immedi- permitted to donate sick lea•
ately upon return to work. if his/her accrued sick leave b�
d. Employees who are ab- ance would be less than ninet
sent for three (3)consecu-
six (96) hours after donaiio
live workdays, may be re- Employees who have given nlice of their resignation fro:
quired if requested by the employment with the City m1
Department Director to not donate sick and/or vacatic
submit a medical certifi- leave.
cate, signed by a physi-
cian stating the kind and 2. Extraordinary circumstance
nature of the sickness or shall be defined as a life threa
injury, that the employee erring or an incapacitating it
has been incapacitated for ness or injury to the employe
work for the period of ab- or immediate family membe
sence and that he/she is as defined in this code.
again physically able to 3. The Department Director mue
perform his/her duties. submit a request, in writing
e. Frequent claiming for permission to solicit dons
q aiming of ben- lions of accrued leave from Cit
efits under this section service employees to the.Direc
may constitute grounds for for.of Human Resources any
.the Department Director shall specify the employee';
to determine that the phys- _name, reason(s) for requesting
ical condition of the em- :such donations of accrued leav(
ployee is below the neces- and estimated duration of ab
Supp.No.21 `
2173 _
§21-10.6 COCONUT CREEK CITY CODE
sences, if known. Such request nary circumstance or other FMLA
shall require the review of the qualifying event. An employee shall
Director of Human Resources return to work for a minimum of
who shall review said request forty (40) hours prior to an addi-
within five (5) calendar days. tional three (3) donation periods be-
Said review shall verify the med- ing authorized. A monthly update of
ical doctor's certification and the condition of the employee/imme-
shall ascertain that the require- diate family member using a Fitness
ment of Item B,above has been for Duty/FMLA Form by the attend-
met. Approval of said request ing primary medical doctor shall be
shall not be unreasonably with- required and furnished to the Direc-
held. If such request is denied, for of Human Resources.
the employee has the right of 6. In the event of excess donations re-
appeal through the Grievance ceived but not used due to early
procedure as outlined in S6c- recovery, resignation, retirement or
death,all donations received but not
mencing with Step 3.
used.shall be returned to the donat-
4. Upon approval of such request the ing employee(s)based on the propor-
Director of Human Resources shall lion of hours that employee donated
make available a supply of Applica- in relation to the total hours donated
tion for Donation of Sick/Vacation by all employees (e.g. an employee
Leave forms to employees willing to who donates fifty (50) hours of four
donate.accrued leave time. The do- hundred and fifty (450) hours total
nation shall be made as a free and donated shall be credited with 50/
voluntary act and no duress or coer- 450ths of the hours not utilized).
don shall be placed upon an em- Stich returned leave shall be re-
ployee to make such donation of his/ flected in the appropriate leave bal-
her accrued leave. ance as soon as possible.
7
5. Donations of leave shall be made . Time donated for this purpose shall
during afourteen-day period, begin- will not be considered as time used
ding the donor's performance rat-
approval with the first day after formal
approval by the Director of Human ing period,nor shall it affect a donor's
Resources and ending fourteen (14) right to convert sick leave payment
calendar days later. Forms shall be to vacation leave or cash payment,
date stamped and all time donated as established in the Code, except
shall be in full hour increments and that no donated leave may be con-
shall be credited to the employee on verted by the recipient.
an hour-for-hour basis. When such 8• The employee shall immediately no-
donated leave is used and falls below tify the Director of Human Resources,
one hundred(100)hours,the Depart- in writing, of the employee's return
ment Director shall immediately no- to work or of any major change in
tify the Director of Human Resources the employee's/immediate family
or his/her designee, that additional member's physical condition.
donations of accrued leave shall be 10.6.2. Funeral leave. Funeral leave shall be
necessary.A further donation period granted to an employee requesting same
shall be established in order to keep by filing of appropriate form with the
the employee in a paid status. No department director, for a period not to
more than three(3)donation periods exceed thirty-two (32) work hours
may be established per extraordi- occurrence, in the event of death in his/
Supp.No.21 2174
PERSONNEL ADMINISTRATION $ 21-10.E
her immediate family for the purpose of Completion of 4 .0577 hou_-s vacation ac
attending the funeral or should it be nec- years of service crual per each regular
essary for the employee to attend to the hour worked
funeral arrangements of the deceased.
Funeral leave shall not be charged to sick
Completion of 7 .0770 hours vacation ac
years of service crual per each regular
leave or to compensatory time. hour worked
Any absence in excess of this amount Completion of 0962 hours vacation ac
shall be charged to vacation leave, or
compensatory time if accrued, or to leave 10 years of ser- crual per each regular
without pay if no vacation or compensa- vice hour worked
tory leave is available. Completion of .1154 hours vacation ac
The Department Director may require 15 years of ser- crual per each regular
sufficient proof of a death in the family vice hour worked
before compensation is-approved and paid. Completion of .1347 hours vacation ac
10.6.3. Military leave. Any employee who pre- 20 years of ser- crual per each regular
sents official orders requiring his atten- vice hour worked.
dance for a period of training or other B. For employees with less than ter
active duty as a member of the United
States Armed Forces or the State of Flor- (10) years of service, vacation leavE
ida National Guard shall be entitled to may be accumulated up to a rawd
military leave with no loss of pay, for a mum of two hundred forty(240)hour:
period not to exceed seventeen(17)calen- as of October 1st of any fiscal year
dar days annually. Authorized leave of Once the maximum two hundred fort
absence for additional or longer periods of (240) hours has been reached nc
time for assignment to duty functions further accumulation shall occur un
shall be without pay and shall be granted til the vacation leave balance is les:
by the City.An employee receiving seven- than two hundred forty (240) hours
teen .(17) calendar days training period For employees with more than ter
shall receive regular pay and the amount (10) years of service, vacation leavE
received from the Federal or State govern- may be accumulated up to a maxi
meat.The provisions of Section 8 of Chap- mum of three hundred twenty (320
ter 720, Acts of Congress -of the United hours as of October 1st of any fisca
States, approved September 16, 1940 (Ti- year. Employees with more than ter
tle 50 App. Section 308, USCA) shall be (10)years of service shall be paid for
applicable insofar as it relates to the re- any accumulations over three hun
employment of public employees granted dred twenty(320)hours,one(1)timE
a leave of absence on active military duty per year up to a maximum paymen
under this law. of eighty (80) hours.
10.6.4. Vacation leave. C. Vacation leave shall be accrued fron
A- Each full-time-and-regular part-time date of employment, but may not bE
employee in-the Civil Service shall granted in advance of being actuallI
accrue annual vacation leave, in ac- earned. Regular part-time employ
cordance with the following sched- ees will be entitled to pro-rated va
ule: ' cation.
Less than 4 years .0385 hours vacation ac- D. Vacation leave may be used to sup
of service crual per each regular plement sick leave due to sickness of
hour worked injury only after sick leave has beer
fully exhausted.
Supp.No..21 2175
¢21-10.6 COCONUT CREEK CITY CODE
E. An employee, or his designated ben- 10.6.5. Holiday leave.
eficiary, in`case of death, shall re-
ceive full payment for all earned e following days shall be observed
vacation leave upon separation of by all Civil Service employees as
service at the rate of his final bi- holidays:
weekly or hourly wage or, salary. New Year's Day
Vacation leave is earned each hour of Martin Luther King Junior's Birth-
service, not on an annual basis. day Day
F. Holidays which occur during a se- Presidents'Day
lected period for vacation leave shall - -
not be charged a Memorial Day -
g against such vacation
leave. Independence Day
G. The period selected by an employee Labor Day .
for his vacation leave must have Veterans Day
prior approval of the Department Thanksgiving Day
Director. Day after Thanksgiving Day
H. An employee cannot be paid in lieu Christmas Day
of taking his/her vacation, except One-half day on Christmas Eve Day
upon separation,or pursuant to sub-
section B., above. One-half day on New Year's Eve Day
I. Department Directors will arrange B. Holidays occurring on a Saturday
vacation schedules and reallocate re- shall be observed on the previous
marring duties on such a basis as to day.Holidays occurring on a Sun-
cause minimum interference with the day shall be observed on the follow-
normal functions and operations of ing Monday:
the organization.Department Direc- C. Holidays must be taken as they oc-
tors shall have the discretion to de- cur and may not be accumulated.
termine their respective department's D. ': The employee must work the day
vacation schedule and the system by _,before and the day after each holiday
which their respective employees are to be eligible for holiday pay with the
assigned vacation leave. exception of normal days off or ex-
J. Vacatiou'paiy will be based on hours cused absences. ..
worked per week and vacation pay E. All employees shall be allowed to
will be at the employee's regular take vacation; personal, or compen-
satory leave,"if available; for reli-
K Upon separation, an employee will gious reason, including but not lim-
be paid for accumulated vacation ited to attendance or participation in
leave as follows: services for Good Friday, Passover,
Upoa_death or retirement, the Yom Kippm',Rosh Hashanah,or other
employee or his/her designated recognized religious day. This leave
beneficiary shall receive full pay- is subject to the discretion of the
ment for all accumulated vaca- Department Director or his/her des-
tion leave. ignee, but*shall not be unreasonably
withheld, and shall be granted only 2. Probationary employees-no pay-
went.
if minimum departmental staffing
needs are met.
3.
Regular employes-�Payment of accumulated vacation leave. F. Employees required to work a full
scheduled work shift on Thanksgiv-
Supp.No.21 2176
PERSONNEL ADMLYISTRATION § 21-10.1
ing Day or Christmas Day shall be by a Fitness for Duty Form identify
granted eight(8)hours of compensa- ing the illness or injury explainin€
tory time in addition to any paid why the leave is needed, estimatin€
compensation. how long the illness or disability duE
G. Regular part-time employees shall to injury will continue and substan
be granted -holiday pay on a pro- tiating every two (2) months the
rated basis._If a holiday_falls on a need for continuing the leave. If the
regular day off, the employee shall City so desires,the employee on leavE
be scheduled for a shift off during shall be examined by a physician.
the same pay period. selected by the City.
10.6.6.Leave of absence without pay. A regular G. An employee on an unpaid leave ofabsence shall,if he/she so desires, be
employee maybe granted leave of absence permitted to make his/her own arc
_ without pay for sickness, disability, or the City's regular contributions tc
other good and sufficient reasons which the Insurance benefits.
are considered to be in the best interests
of the City. - 10.6.7. Jury duty. An employee who is legally
A. Department Directors may autho- summoned to serve on a jury, shall be
rize up to thirty (30) calendar days permitted absence with pay, minus the
leave without pay to an employee of amount received from the courts, for the
time required to perform such duty. Ii
their respective departments. excused and/or released from such ser-
B. The City Manager may authorize vice, the employee should report for nisi
additional leave without pay for up her regular employment, provided .how-
to one(1)year. ever, that at least four (4) hours remain
C. Seniority and service time for longev- during the regular workday including
ity.pay and vacation benefits shall travel time. �.
not be lost while an employee is on 10.6.8. Occupational disability leave.
leave without pay.: A Definition. Authorized absence from
D. Employees on leave without pay shall work due to injury or sickness in-
not accumulate sick'leave, or vaca- 'curred while on duty and directly
tion leave during their leave without related to work performed, exclud-
pay nor be eligible for holiday pay. ing negligence on the part of the
Those employees who are on ap- employee.
proved paid Family Medical Leave B. Negligence shall be defined as any
shall be paid holiday pay. action which is taken that is not
E. Employees;on leave may not work necessary in the actual performance
for another employer during their of duty.Sick leave accumulation shall
leave unless such employment is part be used in cases of negligence.
of the purpose of the leave. For ex- C. Workers' Compensation Benefit. An
ample, internships as part of an ed- employee who is on authorized occu-
ucational program. The determina- pational disability leave shall be el-
tion of appropriate employment while igible to receive Workers' Compensa-
on leave without pay shall rest solely tion benefits*as follows:
with the City Manager. 1. Day one (1) through day sixty
F. In the case of a request for an unpaid 460) calendar days gross wages
leave of absence due to a prolonged to be coordinated with Workers'
illness or disability due to injury, Compensation benefits.Employ-
such request must be accompanied ees shall receive a combination
Supp.No.21,Rev. 2177
§21-10.6 COCONUT CREEK CITY CODE
of Workers' Compensation ben- 4. The employee shall be required
efits and City wage supplement to cooperate in the treatment
equal to the employee's gross as prescribed by the City's des-
wages. In no event shall the ignated Worker's Compensa-
total of Workers'Compensation lion physician(s) in order to ob-
benefits and the wage supple- tain maximum medical
ment received from the City improvement or recovery.
equal more than the employee's 10.6.9. Non occupational disability leave.gross wages in effect at the
time of injury. A. Definition. Authorized absence from
work due to injury or sickness in-
2. Day sixty-one(61)to the end of curred not while on duty.
Workers' Compensation Bene- B. Short-Term Disability insurance. The
fits or until the employee is no City requires Short-Term Disability
longer employed by the City, (STD) insurance for absences from whichever is first in time, the
employee shall receive a combi- work due to sickness or injury in-
curred not while on duty. Employees
nation of Workers' Compensa- shall be to required
lion ' wage benefits and a City e q Purchase the
g maximum amount of coverage(equal
supplement equal to seventy- to seven
five percent (75%) of the t1' Percent (70%) of their
gross weekly salary up to a maxi-
employee's gross wages. In no mum of seven hundred dollars
event shall the total of Work- ($700.00) per week) of STD insur-
ers'Compensation benefits and ance as provided by the City's STD
the wage supplement received insurance carrier.
from the City under this para- C. Coordination of benefits with sick,
graph equal more than seventy- vacation or other authorized leave.
five percent (75%) of the Any employee who is on non-occupa-
employee's gross wages in ef- tional disability leave, as defined
fect at the time of the injury, above, and a upon
Employees may use sick leave P approval of the
quired forms with the STD or LTD
vacation leave or any other leave Insurance Carrier, shall receive dis-
time that they have accumu- ability insurance a
lated to supplement their wagespayments as spec-
P ified by the STD/LTD policy, and
under,this section up to a max-
may use accumulated sick, vacation
imum of one hundred percent or other authorized accumulated leave
(100%) of the employee's gross to supplement the STD/LTD and re-
wages in effect at the time of ceive the maximum of one hundred
the injury. No employee shall 1
percent 00%) of their
P ( salary at the
be permitted to receive any more time of sickness or ury No em-
than one hundred percent ployee shall be permitted to receive
(100%) of their gross wages in any more than one hundred percent
effect at the time of injury. (100%)of their salary in effect at the
3. Any and all Worker's Compen-
sation payments for loss of
wages shall be endorsed to the
City, and the City will issue a
regular payroll check to the em-
ployee.
Supp.No.21, Rev. 2178
PERSONNEL A.DVDaSTRATION § 21-10.6
time of injury.All individuals requir- D. Accrual.
-ing STD/LTD shall file the required 1. All regular and new employees
forms with the appropriate insur- hired before April 1st of any
ance carrier through the Risk Man- calendar year shall be granted
alter. sixteen(16)hours personal leave
10.6.10. Compensatory leave. for that calendar year.
A. Purpose. Tb provide compensation to 2. New employees hired on or af-
hourly (non-salaried) employees for ter April 1st of any calendar
time worked in excess of normal as- year shall be granted twelve
signed working hours in lieu of paid (12) hours personal leave for
overtime. that calendar year.
B. Authority. Compensatory leave shall 3. New employees hired on or af-
ter July 1st of any calendar
be granted only upon approval at the year shall be granted eight (8)
discretion of the employee's Depart- hours personal leave for that
ment Director. calendar year.
C. Accrual. It shall be granted on a 1 to 4. New employees hired on or af-
1112 basis(1 hour worked= 11/2 hours ter October 1st of any calendar
compensatory leave).Eligible employ- year shall be granted four (4)
ees may accrue up to a maximum hours personal leave for that
two hundred forty (240) hours. Em- calendar year.
ployees who"have accrued the maxi- E. No payment will be made upon sep-
mum of hours shall be paid overtime aration from City service for any
for any additional overtime hours unused personal leave.
over the maximum.Employees shall F. No carry-over of personal leave'will
be permitted to use accrued compen- be permitted from year-to-year.
satory time within a reasonable pe- 10.6.12. Family and medical leave.
riod after it is required if it does not
unduly disrupt the operations of the A. Purpose. Tb identify policies which
City. entitle eligible employees to take up
to twelve (12) weeks of unpaid job-
D. Upon termination of employment, protected leave each year for speci-
payment for accrued compensatory fled family and medical reasons.
time shall be calculated at the aver- B. Definition. Family and medical leave
age regular rate of pay for the final three(3)years of employment,or the -shall be defined as unpaid leave for- one (1) or more of the following rea-
final regular rate received by the sons: for the birth or placement of a
employee, whichever is higher. child for adoption or foster care, to
10.6.11.Personal leave. care for an immediate family mem-
A. Purpose. Tb provide leave for per- ber (spouse child or parent) with a
. sonal business. ---- - -- serious health condition or to take
medical leave when the employee is
B. Definitaorc�Authorized leave for per- unable to work because of a serious
sonal reasons,religious observances, health condition.
weddings, transaction of personal business. 1. Serious health condition means
an illness, injury impairment
C. Authority. Personal leave shall be or physical or mental condition
granted only upon approval at the that involves:
discretion of the employee's Depart- a. Any period of incapacity
meat Director. or treatment connected
Supp.No.21 2179
$21-10.6 COCONUT CREEK CITY CODE
with inpatient care(i.e.an Church of Christ, Scien-
. .overnight stay)in a hospi- fist in Boston, Massachu-
tal, hospice or residential setts.
medical-care facility.
C. There is hereby established a classi-
b. Any period of incapacity fication of leave to be known as "fam-
than three (3) calendar requiring absence of more ily and medical leave."
days from work, school or 1. Eligibility. 1b be eligible for
other regular daily activi- Fbv A leave benefits, an em-
ties that also involves con- ployee must meet all of the
tinuing treatment by (or following criteria:
under the supervision of) a. Be an employee of the City
a health care provider; or b. Have worked for the City
C. Continuing treatment by for at least twelve (12)
(or under the supervision months
of) a health care provider C. Have worked at least one
for a chronic or long-term thousand two hundred fifty
health condition that is in- (1,250)hours over the pre-
curable or so serious that, vious twelve (12) months
if not treated would likely (equivalent to twenty-four
result in a period of inca- (24)hours/week).
parity of more than three(3) calendar days and for 2. Entitlement. . The City shall
prenatal care. grant an eligible employee as
2. Health care provider means: defined in Item B above,up to a
total of twelve (12) workweeks
a. Doctors of medicine or os- of unpaid leave during any
-teopathy, .authorized to twelve-month period for one(1)
price medicine or sur- or more of the following rea-
gery by the State in which sons:
the doctor practices; or a. Fore the birth or place-
b. Podiatrists, dentists, Win- ment of a child for adop-
ical psychologists, optom- tion or foster care, how-
etrists and chiropractors ever, such leave must
(limited to manual manip- conclude within twelve(12)
ulation of the spine to cor- months of the birth or
rest sublusation as dem- placement.,-'
onstrated by x-ray to erist) b.' Zb care for an immediate
authorized to practice,and family member (spouse,
performing within the child or parent, but not
scope of their practice un-der state law; or---- parent-in-law)with a seri-
- —— -- --- ous health condition; or
c. Nurse practitioners and nurse-midwives authorized C. Tb take medical leave when to practice, and perform- the employee is unable towork because of a serious
trig within the scope of health condition.
their practice as defined --
.under state law; or Employee and spouse both employed
d. Christian Science practi_ by the City are jointly entitled to a
tioners listed with the First combined total of twelve (12) work-
weeks of family leave for the birth or
3upp.No.21 2180
PERSONNEL ADMINISTRATION $ 21-10.6
placement of a child for adoption or b. Medical certifications sup-
foster care and to care for a parent porting the need for leave
(but not parent-in-law) who has a due to a serious health
serious health condition. condition affecting the em-
ployee or an immediate
3. Intermittent leave. Under some family member:
circumstances employees may
take FMLAleave intermittently C. Second or third medical
—which means taking leave in opinions and periodic re-
blocks of time or by reducing certifications(at the City's
their normal weekly or daily expense); and
work schedule. d. Periodic reports during
FMI.Aleave regarding the
a. If FMLA leave is for birth
or placement for adoption employee's status and in-
or foster care use of inter-
mittent leave is subject to When leave is needed to care for an
the City's approval. immediate family member or the
b. FMLAleave may be taken employee's(aware.of in advance)own
intermittently whenever illness and is for planned medical
medically necessary to care treatment, the employee must try to
for a seriously ill immedi- schedule treatment so as not to un-
ate family member, or be- duly disrupt the department's oper-
cause the employee is se- ation.
riously ill and unable to 6. Maintenance of health benefits.
work. a- The City is required to
4. Used of paid leave. Also subject maintain group health in-
to certain conditions, employ-
ees or the'City may choose to employee on FMLA leave
use or have used accrued paid whenever such insurance
leave(such as sick leave,vaca- was provided before the
tion leave and/orpersonalleave), leave was taken and on
to cover some or all of the FMLA the same terms as if the
leave.The City shall be respon- employee had continued to
sible for designating if any work. "Health insurance"
employee's use of paid leave does include dental insur-
ancecounts as FMLAleave based on and/or vision cover-
information from the employee. age.
In-no case can use of paid leave b. When applicable, the City
be credited as FMLA leave af- will require employees to
ter the leave has ended and pay their portion of health
employee has returned to work. insurance premiums while
on FMLA leave without
5. Notice and certification.Employ-
ees requesting to use FMI.A pay-
leave shall be required to pro- 7. Job restoration.
vide: a. Upon return from FMI.A
a. 30-day advance notice of leave, an employee shall
the need to take FMI.A be restored to his/her orig-
leave .when the need is inal position or to an equiv
- foreseeable alent position with the
Supp.No.21 2181'
$21-10.6 COCONUT CREEK CITY CODE
same rate of pay, benefits
and other terms and con- at the end of the leave
ditions of employment. Prod if the employee
b. An employee's use of then request restora-
FM lion.LA leave shall not re-suit in the loss fit any e D. The above policies and procedures
i are enumerated pursuant to the Fam-
ployment benefit that thee ily and Medical Leave Act of 1993 as
employee earned or was may be amended from time to time.
entitled to before using
FMLA leave. 10.6.13.Attendance and leave.
C. Under specified and lim- A. Purpose. To clarify the City's policy
ited circumstances where regarding tardiness and/or absentee-
restoration to employment ism for hourly employees so that
will cause substantial and there is uniform understanding and
grievous economic injury consistency of application in all de-
to its operations, the City partments citywide. This policy does
may refuse to reinstate cer- not apply to those salaried positions
twin highly-paid"key"em- designated as Administrative Offic-
ployees after using FMLA ers or to sworn Public Safety Offic-
leave during which health ers covered by a collective bargain-
coverage was maintained. ing agreement.
A"key" employee is a sal-
cried eligible employee B. Description. Tardiness shall be de-
who as clocking who is among the highest g in after the desig-
paid ten (10) percent of nated starting time of an employee's
employees. In order to do normal workday,returning late from
so the City shall: a scheduled meal break, or return-
ing late from a break. Absenteeism
shall be defined as all unanticipated
of his/her status as a absences from work in excess of fif-
"key"employee in re- teen(15)minutes, wherein prior ap-
sponse to the employ- proval was not given.
ees notice of intent
to take FMLA leave; C. in,;
Action. In an effort to maximize the
ii. Notify the employee productivity and efficiency of all em-
as soon as the City ployees, and to establish consistent
decides it will deny standards for reward/discipline re-
job restoration and lating to absenteeism/tardiness, the
explain the reasons following policy is hereby adopted:
for this decision; I. Tardiness:
iii. Offer the employee a a• Reporting for work. Em-
reasonable opportu- ployees are expected to re-
nity to return to work Port.for work at their des-
from FMLA leave af- ignated starting time.
ter giving such no- Therefore, it shall be the
tice; and responsibility of each em-
iv. Make a final deter- Ployee to be clocked-in by
mination as to their designated starting
whether reinstate- time.The correct time shall
ment will be denied be as determined by the
City's designated clock-in
Supp.No..21
2182
PERSONNEL ADMINISTRATION § 21-10.6
devices. It shall be the not be considered tardy,
City's responsibility to for disciplinary purposes
maintain the clock-in de- only, if they clock in seven
vices and to insure their (7) minutes or less after
accuracy. The City will al- their designated starting
low employees to clock in time. However, tardiness
not more than fifteen (15) shall be considered for pay
minutes prior to their nor- for performance evalua-
Mal starting time solely tions. Employees report-
for the convenience of the ing late to work three (3)
employees. However, un- times within any consecu-
less previously authorized, five thirty (30) calendar
no work shall be performed day period, and/or more
prior to an employee's than a total of nine (9)
scheduled starting time. times within any consecu-
b. Employees are expected to five twelve(12) month pe-
report to their designated riod, shall be issued a ver-
worksite/station and to be- bal reprimand.Additional
gin performing work im- occurrences of lateness af-
mediately after the desig- ter issuance of the verbal
nated starting time.While reprimand may result in
the City recognizes that it further disciplinary action
P � az'3'.
may take several minutes up to and including termi-
for some employees to walk nation for cause.
from the clock-in area to
their worksite/station, de- d. Employees who clock-in ex-
pending on its location, it cess of seven (7) minutes
is expected that employ- after their designated
ees proceed, without de- starting time, shall not be
lay, to their worksite/sta- paid for time not worked.
lion. Employees who are This is in addition to any
observed not proceeding di- disciplinary action as de-
rectly to their assigned scribed in b. above.
worksite/station, but who e. Employees may not use
instead stop to speak with/ any type of leave to cover
visit other individuals,use their tardiness, except for
the restroom, etc., and/or the following:
wise delay in reporting to f. Employees who are late
their worksite/station for work for fifteen (15)
and/or delay in the perfor- minutes or longer, shall
mane of work, may be be considered absent with-
--counseled and/or disci- out leave.However,if they
plined accordingly.
call their supervisor prior
C. Employees who clock in to their designated start-
after their designated ing time, and advise that
starting time shall be con- they will be more than fif-
sidered tardy. The correct teen(15)minutes late,and
time shall be as deter- provide proper documen-
mined by the City's clock-in tation(if applicable)of the
devices. Employees shall reason for their lateness
Supp.No.21 2183
4 21-10.6 COCONUT CREEK C1Ty CODE
within five (5) workdays,
they will be able to use quate staffing for the de-
Partm
appropriate leave to cover times.
ddivision at all
t
their absence, including times.
the first fifteen (15) min_ b Employees who are late in
utes of their work day.(Ex- returning from their break/
ample: Car breaks down meal break more than
on the way to work. Em- three (3) times within a
ployee calls in to advise thirty(30)consecutive cal-
same, then upon report- endar day period, shall be
ing to work or within five issued a verbal reprimand.
(5) work days, furnishes Additional occurrences af-
ter the verbal reprimand
supervisor with proof that car was disabled and sub-
may result in further dis-
sequently repaired,towed, ciplinary action.
etc.) Absence in these in- C. Lateness in reporting back
stances, shall be consid- from break/meal break in
ered as "unanticipated." excess of seven (7) min-
Therefore, any additional utes, shall result in non-
occurrences of this type Payment of the amount of
after three (3) within a time reporting late from
thirty(30)consecutive cal- break/meal break in addi-
ender day period, and/or lion to b. above.
more than a total of nine 3. Clocking in/out.
(9)occurrences within any a. No employee shall clock-
consecutive -twelve (12) in/out for any other em-
month period,shall be jus- ployee under any circum-
`.tification for issuance of a stances. Violation of this
;verbal reprimand. order shall result in disci-
9- Employees must utilize the Peary action, up to and
City designated clock-in including termination.
devices for clocking in and b. Employees authorized to
out.Employees who fail to enter starting/quitting
use the clock-in devices to times on the computer
clock in/out more than (e.g.,due to computer mal-
three (3) times per thirty functions,someone forget-
(30) consecutive calendar ting their clock-in/out card,
days,may be issued a ver- etc.) for payroll purposes
bal reprimand. ony, shall be required to
2. Returning from meal breaks/ list those entries/changes-- i-breaks: - - - - n entries on a separate
a Employees are exception sheet each pay
expected to period,which shall be sub-
report back to their work- miffed to the Department
stations from their anal Director for a
break/breaks on time.This pproval/dis-
is necessary to relieve em- approval.
c �7 employee making en-
ployees on break/meal
break immediately after tries/changes without.
them, and to ensure ade- PTOPer. approval and/or in
an attempt to cover their
Supp.No.21
PERSONNEL ADMINISTRATION $ 21-10.6
own tardiness or the tar- less of the reason.
diness of another em- Employees claiming
ployee, shall be subject to three (3) unantici-
severe disciplinary action, pated absence*occur-
up to and including termi- rences within thirty
nation. (30) consecutive cal-
d. If for any reason the endar days and/or
clock-in device is not work- nine (9) or more oc-
ing or does not function currences in any con-
properly, it shall be the secutive twelve (12)
responsibility of the em- month period,may be
ployee to immediately no- issued a verbal rep-
tify their supervisor of the rimand. Additional
problem,.or if their super- unanticipated ab-
visor is not available,they sences after the ver-
shall at the least, advise bal reprimand may
the department secretary result in further dis-
of the problem. ciplinary action.
2. It shall be the respon-.
4. Absenteeism. Excessive absen- sibility of the employ-
teeism has a negative effect on ees to call in to their
productivity, and places an ad- supervisor within one
ditional burden on co-workers (1) hour of their reg-
to complete their work. It may ularly designated
also .cause additional costs to starting time if they
the City in the form of overtime are going"to be ab-
or requiring the hire of tempo- sent." Employee will
racy employees. It is not the be asked the reason
intent of the City to punish for - the -;-_' absence,
employees who maintain good which shall be re-
attendance records, but rather corded on the leave
to alert. those employees who request_ form. Fail-
are excessively absent that their ure to call in to the
absence negatively impacts their supervisor, except in
Performance, affects their co- emergency situations
workers,must be improved,and or if physically "un-
outlines the consequences for able, shall result in
failure to improve their atten- the employee being
dance record once a verbal rep- considered absent
rimand is issued. without leave. Three
a- Unanticipated absences: (3) days absence
1. Unanticipated ab- without notification
sences are those that shall be considered a
can not have been resignation not in
foreseen or pre-ap- good standing.
proved (e.g. getting 'Occurrence shall be defined as a single event (e.g. em
sick,hang Car prob- ployee out one day counts as one (1).occurrence, and an'.
lems,child care prob- employee out for five (5) consecutive days for the same
lems; sick family illness/problem, also counts as one (1) occurrence. However,—
someone out on Monday, back to work on Tuesday then nut
member,etc.)regard- again on Wednesday counts as two(2)occurrences.
Supp.No.21 2185
$21-10.6 COCONUT CREEK CTI''CODE
3. Approval of all unan- SECTION 21-11. EVALUATIONS
ticipated leave is at
the sole discretion of See. 21-11.1. Evaluations/performance ap-
the supervisor, along
with the approval of Praisals.
the Department Di- 11.1.1. Purpose. The evaluation process pro-
rector. vides a method for monitoring job perfor-
4. Repeated unantici- mance based upon established standards
pated absences taken and objectives for each position. It also
on Monday, Friday, provides a means for: (1) communicating
before and/or after a goals and objectives of management to
holiday,or in conjunc- employees;(2)distributing organizational
tion with other ap- rewards and promotions equitably;(3)mo-
tivating employees to improve their per-
proved leave or reg-
ular days off, maybe formance;and(4)evaluating selection and
promotion criteria.
scrutinized more
closely than those 11.1.2. Requirements. All employees shall be
taken at other times, evaluated on the form(s)prescribed by the
and may require Director of Human Resources as follows:
written documenta- A. Regular employees-annually,on their
lion os ness given when or other
reasons give anniversary date and every year
thereafter during their term of em-
ployment with the City.
10.6.14. Administrative leave. Any employee B. Probationary employees-quarterly,
may be placed on Administrative Leave from date of appointment until com-
(leave with pay) for reasons in the best pletion of probation.
interest of the City and/or employee (e.g. 11.1.3. Procedure.
to diffuse a work-related or personal prob-
lem that has the potential for escalation if A. The Director of Human Resources
left unchecked, and has a negative effect shall notify each department direc-
on department/division operations, .and for monthly, in writing, the name(s)
no other solution is available). Adminis- of their employees who are due to be
trative Leave shall not be used for mat- evaluated, based upon their date of
ters of a disciplinary nature and is neither appointment. Such notice shall list;
subject to Section 21-14 entitled "Disci- (1)name of employee; (2) reason for
plinary Appeal Process"nor Section 21-15 evaluation; (3) due date.
entitled "Grievances." Employees on Ad- B. Each De
ministrative Leave shall be subject to Department Director shall be
responsible to ensure that evalua-
direction of their activities during normal
work hours by the City. Such direction tiO� are-completed, signed and re-
shall not be arbitrary or capricious. Em- turned to the Personnel Director not
more than thirty (30) calendar days
ployees on Administrative Leave shall suf-
after the due date. The failure to
fer no loss in pay or benefits.
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 143-95, receive said evaluation on a timely
basis shall allow employees to sub-
§ 1, 9-28-95; Ord. No. 153-97, § 1, 9-25-97; Ord.
No. 168-97, $ 1, 12-11-97; Ord. No. 128-98, § 1, �t t0 the grievance procedure as to
timeliness only, up through Step 3 of
10-8-98; Ord. No. 2001-026, § 10, 9-13-01; Ord.
No. 2001-040, § 1, 12-13-01) the grievance Procedure contained
in section 21-15 of this Code.
Supp.No.21 2186
PERSONNEL ADMINISTRATION § 21-11.2
C. The person completing the evalua- pervisor and employee. The em-
tion shall be the employee's supervi- ployee may respond to the ratings in
sor who has knowledge of the work writing•
of the employee or is the one most G. The completed form is then submit-
closely acquainted with the ted to the next immediate supervisor
employee's work performance. Eval- for review and signature, and then
uations shall be based on observ- to the department director for re-
able, measurable work. All evalua- view and signature. The evaluation
tions shall be objective,and shall not is then forwarded to the Personnel
be based on favoritism, cronyism, or Director for submission to the City
retaliation.All employees shall have Manager for review and signature,
the opportunity to discuss their eval- and then placed in the employee's
uation with their supervisor, and to permanent personnel file.
effect change on their rating if the
employee can demonstrate that such (Ord. No. 163-96, § 1, 9-26-96; Ord. No. 153-97,
§ 1, 9-25-97; Ord. No. 168-97, § 1, 12-11-97; Ord.
rating was in error. Employees are
encouraged to utilize the Significant No. 2001-026, § 11, 9-13-01)
Event Form available from the de- .
partment Administrative Assistant Sec. 21-11.2. Unsatisfactory evaluations.
for documenting their own perfor-
mance.Such documentation shall be For those employees receiving an overall rating
used to discuss any,disputed ratings of Unsatisfactory,the following procedure shall be
with their respective supervisors and followed:
to support their point of view in the 11.2.1. Regular employees. A written record
event of a grievance. Based on the shall be prepared by the supervisor to:
pay for performance system,employ-
ees shall have the right to process a 1. Document unsatisfactory performance
grievance on their overall rating on rating
their annual performance evalua-
tion,up through Step 2 or the griev- 2. Provide confirmation that the em-
ance procedure contained in Section ployee has been told of the unsatis-
21-15 of this Code. factory rating
D. The supervisor shall complete the 3. Advise what areas of job perfor-
evaluation form. Each factor rated mance must be improved
shall be scored as per the evaluation
guidelines developed by the Director 4. Provide a basis for further disciplin-
of Human Resources. ary action, including but not limited
E. After completing the evaluation form,
to:suspension,demotion or dismissal.
the Supervisor shall then hold a con- 11.2.2.Probationary employees.Awritten record
ference with the employee being eval- shall be prepared by the supervisor to:
uated. This conference is a manda-
tory-requirement-of the evaluation 1. - Document unsatisfactory rating
process-and -is-foi the purpose of 2. Provide confirmation that the em-
explaining the basis for the specific ployee has been advised of the un-
ratings, offering suggestions for satisfactory rating.
changes or improvements in job per-
formance, and providing a basis for 3. Prepare for further disciplinary ac-
discussion with the employee. tion including but not limited to:
F. Upon completion of the conference, suspension, demotion, or termina-
the form shall be signed by the su- tion.
Supp.No.21 2187
§21-11.2 COCONUT CREEK CITY CODE
If a supervisor recommends termination SECTION 21-12. RULES AND
of a probationary employee, this written REGULATIONS FOR DISCIPLINE
record shall be forwarded to the depart-
ment director for appropriate action.
(Ord. No. 137-94, § 3; 9-22-94) Sec. 21-12.1. General discipline and control.
The City Manager, Department Directors, and
Sec. 21-11.3. Pay for performance increase. other authorized representatives will be charged
11.3.1.Effective October 1, 2001, all non-union, with the responsibility of enforcing and maintain-
non-probationary employees shall be eli- ing proper standards of discipline and personal
gible for a pay for performance increase conduct among their employees and are vested
based upon their annual evaluation as with discretionary powers and authority to pro-
follows: mulgate the necessary rules and regulations to
operate their respective departments in a manner
Pay for perfor- so as to maintain such standards.
Overall rating mane increase
Less than 3.6 0% Sec. 21-12.2. Disciplinary action.
3.6 to 3.9999 2% 12.2.1. Department Directors and their autho-
4.0 to 4.4999 3% rized designees are authorized to impose
4.5 to 4.7999 4% the following remedial measures upon an
4.8 to 5.0 5% employee to ensure compliance with the
There shall be no rounding up or down of City's rules, regulations or orders and to
the final rating score. deter offensive conduct:
11.3.2.Employees at the maximum of their pay A. Verbal reprimand.
range shall receive any pay for perfor- B. Written reprimand.
mance increase as a lump sum payment.
If an employee is not at the maximum of C. Suspension without pay for twenty-
the pay range, but the pay for perfor- four.(24) hours or less of scheduled
mance increase would increase the work subject to review and approval
employee's wages above the maximum by the City Manager.
range, wages shall be increased to the D. Suspension without pay for in excess
maximum of the range, with the remain-
der of the increase paid as a lump sum. of twenty-four (24) hours or more of
scheduled work subject to review and
11.3.3. When an employee has worked in more approval by the City Manager.
than one(1)department during the rating E. Other disciplinary period, each department shall complete p ary actions subject to
an evaluation.The evaluation scores shall review and approval by the City Man-
then be combined and weighted on a twelve ager.
(12)month basis. For example,Employee F. Demotion to a position in a lower
-A worked in Department A for three (3) classification, subject to review and
months of the rating period and in Depart- approval by the City Manager.
went B for nine (9) months of the rating
Period.The ratings for DepartmentA would G. Dismissal subject to review and ap-
be valued at twenty-five percent (25%) proval by the City Manager.
and Department B at seventy-five percent 12.2.2. The foregoing enumeration of the types
of discipline shall not be meant to set
(Ord. No. 143-95, § 1, 9-28-95; Ord. No. 153-97, _
§ 1, 9-25-97; Ord. No. 2001-026, § 11, 9-13-01) forth any necessary sequence of progres-
sive discipline.
SupP. No. 21
2188
PERSONNEL ADME;MTRATION $ 21-12.2
12.2.3.Although discipline,up to and including of suspension or revocation of valid
termination of employment,may be based operator or CDL license when the
on other causes,any one(1)or more of the employee's job requires a valid oper-
following shall be sufficient: ator or CDL license.
A Incompetency_or inefficiency in per- M. Sleeping or loafing during work hours.
formance of duties.
N. Theft, unauthorized removal or will-
B. Conviction of a criminal offense or of ful damage to any property belong-
a misdemeanor involving moral tur- ing to another employee or the City.
pitude.
0. Unauthorized duplication or use of
C. Willful violation of any of the provi- keys or any device used for locking
Code.ns of the City Charter or this or securing City facilities or prop-
erty.
D. Violation of any lawful regulation, P. Unauthorized entry to, or exit from
rule, procedure, order or direction City premises at any time.
made or given by a supervisor where
such violation has amounted to in- Q. Dangerous practical joking, horse-
subordination or serious breach of Play, wrestling, fighting or throwing
proper discipline or has resulted in or objects.
loss or injury to the public. R. Threatening,interfering, or coereing
E. While on'duty, or while in uniform of other employees or supervisors
including meal breaks, being pub- while engaged in the performance of
licly intoxicated, drinking intoxicat- their duties on and off city property.
ing liquor or being under the influ- This shall not be construed to pre-
ence of intoxicating liquor or clude on-site representatives from
controlled substances. investigation possible safety_ haz-
F Offensive conduct or languageards or other items relating to un-
to- safe working conditions.
ward the public or fellow employees,
or abusive public criticism of super- S. The introduction or possession of fire-
visors or public officials. arms,knives,explosives,or any other
G. Carelessness or negligence in the lethal instrument or deadly'..weapon
use of property of the City. °II city
Property and/or without proper _
authorization.
H. Attempting to induce any officer or employee of the City to commit an T. Illegal or unauthorized gambling,con-
ducting of lotteries or engaging in
act in violation of any lawful or rea- any other game of chance, for value,
sonable regulation. on property City P P rty.at anytime.
I. Conduct, either while on or off duty, U. Deliberate violation of safe work prac-
whichreflects discredit upon the City. tices, including failure to wear a
J. Hindering the regular operation of city-issued safety belt when -appro-
the department or division because priate. - -
of excessive absenteeism. V. Deliberate falsification or omission
K Being absent without leave or failing of pertinent information on city
to report after leave of absence has records and/or giving false replies�or
testimony on any matter relating to
L. Failure to notify the Department Di- City activities.
rector and Director of Human Re- W. A documented breach of public trust
sources,within one(1)working day, or unethical conduct.
supp.No.21 2189
§21-12.2 COCONUT CREEK CITY CODE
X Fabrication of events or actions of ing. An employee suspended for twenty-four (24)
employees or supervisors. hours or less shall have the right to appeal the
Y. Retaliation of any type against a suspension up to the City Manager,as provided in
supervisor or employee for reporting Section 21-15, entitled "Grievances."
an incident, or in response to any (Ord. No. 153-97, § 1, 9-25-97; Ord. No. 2001-026,
disciplinary action recommended by § 12, 9-13-01)
a supervisor and approved by the
Department Director and/or City Sec. 21-12.6. Suspension without pay for in
Manager. excess of twenty-four(24) hours
Z. Legalized or illegal gambling, while of scheduled work.
on or off duty,including meal breaks, 12.6.1. Any Department Director or, in his/her
while wearing City-issued clothing absence, his/her designee,
identifying the individual as a City may, for disci-
employee. P ar3' Purposes, after review and ap-
proval by the City Manager, suspend a
(Ord. No. 2001-026, § 12, 9-13-01) regular employee without pay for such
length of time as the Department Director Sec. 21-12.3. Verbal reprimand. or his/her designee considers appropriate
Any supervisor may issue a verbal reprimand and as approved by the City Manager.
to an employee. The verbal discussion between Unless otherwise approved by the City
the supervisor and the employee occurs in order Manager, the suspension shall not exceed
to allow the employee to correct the situation shy(60) days per occurrence.
warranting the reprimand before it reaches the 12.6.2. A written statement of the reason for
stage of a written warning notice.A record of the
suspension shall be submitted to the Di-
verbal reprimand shall be placed in the employee's. rector of Human Resources and to the
Personnel file. employee affected in each case. Before the
(Ord. No. 2001-026, § 12, 9-13-01) City Manager approves the suspension,
the employee shall be afforded a pre-
Sec. 21-12.4. Written reprimand. suspension hearing with the Department
Any Department Director may issue a written Director to explain his/her conduct. Such
reprimand to an employee.A copy of the written hearing shall be held not later than twenty-
reprimand shall be placed in the employee's per- four (24) hours prior to the time the
sonnel file and a copy given to the employee. suspension becomes effective, excluding
Saturdays, Sundays, or legal holidays as
Sec. 21-12.5. Suspensions without pay for defined herein.
twenty-four (24) hours or less 12.6.3. A regular employee may, with the ap-
of scheduled work. proval of the City Manager, be suspended
Any Department Director or his/her designee with or without pay for a longer period
in the absence of the Department Director may, Pending the investigation or trial of any
for the purpose of discipline, suspend a regular charges against him. Such employee de-
employee without pay for a period of twenty-four termined to--be innocent-of the charges
(24) hours or less of scheduled work with the against him may be returned to duty with
approval of the City Manager. Successive suspen- full Pay for the period of suspension.
sions for the same occurrence shall not be permit_
ted. In all cases of suspension, the Department excess
a Any regular employee suspended in
Director shall excess of twenty-four(24)hours
furnish the employee with a copy of shall haveright of appeal as set forth in Sectionsin
the notice specifying his/her reason for the sus- the the14, entitled "Disci
pension and give the employee an opportunity to "Disciplinary Appeal Pro-
Participate in an informal pre-suspension hear- cess. Whenever a dismissal or suspen-
sion of a regular employee is disapproved
Supp.No. 21 2190
PERSONNEL ADMINISTRATION § 21-12.12
and a reinstatement ordered, the em- 12.9.3. Inability to successfully perform the
ployee-involved shall receive reimburse- essential duties and functions of the
ment of wages lost due to such suspen- employee's current position.
sion.
(Ord.No. 153-97, § 1, 9-25-97; Ord. No. 2001-026, 12.9.4.Ademoted employee shall be placed in a
§ 12, 9-13-01) position, duties of which he/she is able to
perform in a class with a lower compen-
Sec. 21-12.7. Employees in the public safety sation. Regular employee status will be
department. given the employee of a new class. A
written statement of the reason for demo-
It shall be understood that sworn members and Lion shall be submitted to the employee
some civilian personnel in the Public Safety De- affected and to Director of Human Re-
partment, because of the critical nature of their sources, and the employee shall have the
work, and for shift relief purposes, are held ac- right of appeal as described in this Code.
countable to the requirements of fhe Public Safety (Ord. No. 153-97, § 1, 9-25-97)
Departmental Manual and Operating policies and
Procedures. Sec. 21-12.10. Dismissal.
(Ord. No. 153-97, § 1, 9-25-97)
12.10.1. Any regular employee may be dis-
Sec. 21-12.8. Other disciplinary action. missed by the Department Director, with
the approval of the City Manager, for
Any Department Director may for disciplinary cause. With regard to regular employees,
purposes, after review and approval by the City no dismissal shall take effect until a writ-
Manager, require an employee to reimburse the ten statement of the reasons thereof is
cost of repairs to city.equipment caused by the submitted to the Director of Human Re-
negligence of the employee and take any other sources and to the employee affected.
disciplinary actions which may be deemed appro- (Ord. No. 137-94, § 3, 9-22-94; Ord. No. 143-95,
priate under the circumstances. § 1, 9-28-95; Ord. No. 153-97, § 1, 9-25-97)
(Ord. No. 153-97, § 1, 9-25-97)
Sec. 21-12.9. Demotion. Sec. 21-12.11. Disciplinary documents.
Any employee shall be given a copy of any
Subject to review and approval by the City written disciplinary document(s)which aze placed
Manager, department directors are vested with in his/her personnel file. Said employee shall
discretionary authority to demote employees to review any such disciplinary document(s)acknowl-
positions in a lower classification on the following edging receipt. In addition, said employee shall
grounds: have the right to add a rebuttal to any written
12.9.1.Disciplinary purposes as previously stip- disciplinary document, within seven (7) working
p rev days.
ulated. (Ord. No. 168-97, § 1, 12-11-97)
12.9.2. Due to lack o_f work, economic reasons,
abolishment or combination of positions, Sec. 21-12.12. Probationary employees—no
or the needs of the City. Under this sec- right of appeal.
tion, the demotion is to be without preju-
dice and the employee is eligible to receive Probationary employees may be suspended,
preferential consideration and reinstate- demoted, or terminated for any reason, without
ment to his/her former position or promo- cause and have no rights of appeal pursuant to
tion to a similar position for which he/she Section 21-14, Disciplinary Appeal. Process or
possesses the skill, ability and qualifica- Section 21-15, Grievances.
tions. (Ord. No. 2001-026, § 12, 9-13-01)
Supp.No.21 2191
¢21-13 COCONUT CREEK CPTY CODE
SECTION 21-13. RULES AND 13.2.4.Demotion of an employee to a position in
REGULATIONS FOR DISCIPLINE AND a lower classification,subject to review by
CONTROL OF EMPLOYEES OF THE the City Manager.
PUBLIC SAFETY DEPARTMENT NOT
COVERED BY A COLLECTIVE 13.2.5.Dismissal of employee subject to review
BARGAINING AGREEMENT and approval of the City Manager.
The City of Coconut Creek recognizes that the Sec. 21-13.3. Grounds for disciplinary ac-
Public Safety Department has special discipline tion.
and control requirements in addition to those Any of the following acts of conduct on the part
imposed on general City employees.These special of the employee will constitute special grounds for
- requirements concern emergency operations which disciplinary.action, by the Department Head, the
necessitate a more strict discipline and control Department Head's designee, in the Department
code inasmuch as the Public Safety Department Head's absence, or by the City Manager. The is a Paramilitary department. This Article segre-gates these special disciplinary requirements. listing shall not be considered as all inclusive and
may be expanded upon for other violations that
conflict with the intent of the aforementioned
Sec. 21-13.1. Public Safety Department Rules rules and regulations of the Department. .
and Regulations Manual: 13.3.1. Allegedly convicted of a felony charge
The City of Coconut Creek Public Safety De- (wit right of City.to suspend employee
Partment Rules and Regulations Manual as may with Pay until charges have been resolved
be'amended from time to time, shall be adopted in a court of law).
by reference and made a part of this Code. 13.3.2. Repeated convictions during service of
misdemeanor charges, such as speeding,
Sec. 21-13.Z General discipline and control. reckless.driving,or accidents invovin
injured persons or damage to property or
Department heads and/or their authorized des- equipment.: ,.... . __
ignees will be charged with the responsibility of
enforcing and maintaining proper standards of 13.3.3. Use of intoxicants or drugs while on
discipline and personal.conduct among their em- duty or under their influence while on
ployees,and are vested with discretionary powers duty.Refusal to take any required tests to
and authority to practice'the following suggested determine their use.
sequence of remedial measures incident to oper- 13.3.4. Insubordination.
ating rules of the Department. Such suggested sequence is not meant to mandate any type ,of 13.3.5. Conduct subversive to the proper order,
sequence but is,only meant to list the type of discipline and morale of any form of mu-
remedial measures that may be taken. niaPal service.
13.3.6.Inciting or engaging in any form of work
13.2.1. A verbal reprimand shall consist of stoppage or riot.
calling the attention of the employee to 13.3.7. Misappropriation,
-------his/her-unsatisfactory conduct-or perfor- misuse or unautho-
_ - mane of duties.. - --- rized use of City equipment, tools, funds,
machines, etc.
13.2.2. Written reprimand. A written repri-
-and given to the employee and copy 13.3.8. Incompetence or repeated .neglect of
Placed in his/her personnel file. assigned duties.
13.3.9.' Repeated failure or,neglect:to meet
:13.2.3.Suspension.Suspension of the employee credit; an o
Without pay subject to the review of the Pen account obligations, if
it .,impairs the performance of the City Manager. employee's job responsibilities.
Supp.No.21 2192
PERSONNEL ADMINISTRATION § 21-14.2
13.3.10. Unauthorized absence from duty. prejudice), employees should give at least
13.3.11.Any act which constitutes a conflicting two (2) weeks' notice of their intentions.
action on the part of the employee against All municipal property must be turned
the implied intent of the Personnel rules back to the departments in good condi-
and regulations. tion.
13.3.12. Probationary employees of the Public 13.4.5. Promotions. Insofar as may be consis-
Safety Department may be reprimanded, tent with the interest of the City, vacan-
suspended or dismissed for any reason, cies should be filled by promotion of em-
without cause. Such probationary em- ployees in lower classifications if duly
ployee of the Public Safety Department qualified.
shall have no right of appeal. (Ord. No. 137-94, § 3, 9-22-94)
Sec. 21-13.4. General provisions. SECTION 21-14. DISCIPLINARY APPEAL
13.4.1. Suspensions. Under justifiable circum- PROCESS
stances, the City Manager or a depart-
ment head (with approval of the City Sec. 21-14.1. Disciplinary appeal process.
Manager)may suspend an employee with-
out pay for a.period not in excess of ten 14.1.1.A regular employee dismissed, demoted
(10) days. An employee charged with a or suspended without pay for more than
felony may be suspended without pay twenty-four (24) hours of scheduled work
until charge is dismissed or until a deci- may appeal to the City Manager for a
sion settling the case is rendered. (A de- hearing before the Civil Service Board
cision of"Not Guilty" will make the em- within fifteen(15)calendar days from the
ployee eligible for reinstatement upon such time he was served with notice of suspen-
terms and conditions as may be specified sion, demotion, or dismissal as shown by
by and approved by the City Manager). such notice.
13.4.2. Demotions. Subject to review by the 14.1.2. The City Manager shall request that
City Manager,department heads are vested the Board hear the appeal within thirty
with discretionary authority to demote (30)calendar days from the date that such
employees to positions in a lower classifi- appeal shall have been filed with the City
cation on the following.grounds:
Manager.
A Disciplinary purposes as previously 14.1.3. Regular employees discharged, de-
moted or suspended without pay for more
B. Due to lack of work, funds or abol- than twenty-four (24) hours; the Depart-
ishment of positions; such action is ment Director; Director of Human Re-
to be without prejudice and em- sources and the City Manager, shall be
ployee is eligible to receive preferen- given written notice by the Board of the
tial consideration in reinstatement time and place of the hearing appeal.
to his former position or promotion
to a similar position for which he is 14.1.4. The Board shall, within ten (10) calen-
qualified. dar days after the hearing, render its
13.4.3. Re-employment of dismissed persons. decision to the City Manager in writing.
Persons previously dismissed with preju-
dice will not be considered for reemploy- Sec. 21-14.2. Hearing.
meat.
14.2.1. The Board shall hear the evidence upon
13.4.4. Termination in good standing. In order the charges and specifications as filed
to terminate in good standing (without with it by the Department Director. No
Supp. No.21 2193
§21-14.2 COCONUT CREEK CrrY CODE
material amendment of, or addition to, by default, or may hear evidence offered by the
said charges and/or.specifications will be removed employee and render recommendations
considered by the Board. thereon.The Board shall forthwith notify the City
14.2.2. The proceeding shall be as informal as Manager of its findings.
is compatible with justice.
14.2.3. The order of proof shall be as follows: Sec. 21-14.4. Appeal by employee repre-
seated by a bargaining unit.
The Department Director shall present
his evidence in support of the charges. 14.4.1. Non-probationary employees who are
The grievant will then produce such evi- represented by a collective bargaining rep_
dence as he/she may wish to offer in resentative certified by the Florida Public
rebuttal. Employee Relations Commission,and who
14.2.4. The Board shall have the power of are covered by a Collective Bargaining
Agreement, shall appeal their dismissal
subpoena to require the attendance of any in accordance with the Collective Bargain-
City employee. At the request of the em-
ployee charged, the Board shall require ing Agreement.
the attendance of any City employee as 14.4.2. However, if the collective bargaining
witness on behalf of the employee subject representative refuses to process, due to
to charge. lack of membership in the union, a griev-
14.2.5. The City Manager or his designee shall ance involving demotion, suspension or
have the right to request the attendance dismissal of a regular. employee who iscoves by the Collective Bargaining
of any City employee as a witness. Agree-
ment, the employee may independently
14.2.6. The City Manager.and Department process an appeal pursuant to the proce-
Director shall be represented by the City dure contained in the Collective Bargain-
Attorney. The employee may also be rep- ing Agreement.
resented by counsel, at his/her own ex- (Ord. No. 2001-026, § 13, 9-13-01)
pense. Editor's note--Ord.No.2001-026,adopted Sept.13,2001,
deleted § 21-14.4 and renumbered § 21-14.5 ad § 21.14.4
14.2.7. The Board may, in its discretion, re- Former section 21-14.4 pertained to appeal by a public safety
quest opinions from its Special Counsel officer not represented by a bargaining unit,
determining any question of the law and
evidence. SECTION 21-15. GRIEVANCES
14.2.8. The Board shall within ten (10) calen-
dar days following this conclusion of the Sec. 21-15.1. Definition.
hearing,.render a decision affirming, re- "Grievance" shall mean a dispute concerning
Mam eor modifying the action of the City the interpretation or application of this Civil
r. Service Code or suspensions from work for twenty-
14.2.9. The decision of the Civil Service Board four (24) hours of scheduled work or less.
shall be final and the employee shall have (Ord. No. 2001-026, § 14, 9-13-01)
no further right of administrative appeal. ----- - -
Sec. 21-15.2. Procedure for presentation of
Sec. 21-14.3. Failure to appear. grievance.
If the employee whose appeal is to be heard 15.2.1. STEP 1. Discussion with supervisor
shall fail to appear at the time fixed for hearing,
and such absence is not excused by a majority A- The employee shall first take his/her
vote of the Board, and if no evidence be offered in grievance informally to his/her im-
support of his appeal, the Board may render a mediate Supervisor who shall make ,
a decision and advise the employee
report and recommendation to the City Manager
of such decision within five(5)work-
Supp.No. 21 2194
PERSONNEL ADMINISTRATION § 21-15.2
ing days.It is not necessary or desir- writing, request the Department Di-
able that the grievance be presented rector to refer the grievance to the
in writing to the Supervisor, or that City Manager without delay.
the Supervisor reply in writing. B. This request must be filed by the
B. Supervisors are encouraged to con- employee within five(5)working days
sult with their Department Director after receipt of the Department
or the Director of Human Resources Director's decision.
for information which will aid the C. The City Manager, upon being noti-
Supervisor to reacfl a decision. fied by the Department Director of
C. In the event of a grievance, the em- the referral of the grievance, may
ployee shall perform his/her assigned afBrnl, deny or modify the decision
work task and grieve his/her com- of the Department Director, or may
plaint later. Such grievance shall refer the grievance to the Director of
then be presented to the Supervisor Human Resources for submission to
in writing, shall be signed by the the Civil Service Board. The City
employee and shall specify: Manager will act upon the referral of
1. Name and position of grievant. the grievance within ten (10) work-
ing days, from the date, he/she re-
2. The date of the alleged griev- ceives it. It is the sole decision of the
ance. City Manager to refer the grievance
3. The specific provision of this for submission to the Civil Service
Code alleged to have been vio- Board or to refrain from referring
lated. the grievance for submission to the
Civil Service Board.
4. A clear and concise statement
of the grievance, the issue in- 15.2.4. STEP 4:
volved, the facts pertaining or Referral of grievance to the Civil Service
giving rise to the alleged griev- Board:
ance(s); and
When the Director of Human Resources is so
5. The relief requested. notified by the City Manager, he/she shall notify
15.2.2. STEP 2: the Civil Service Board within ten (10) working
days following receipt of such notice. The City
Referral to Department Director: Manager shall call the Board to hear the referred
A. If the grievance is not resolved by grievance within fifteen (15) calendar days, fol-
the immediate supervisor to the sat- lowing notification of the Referral of the griev-
isfaction of the employee, or if the ance. The Director of Human Resources shall
decision is not made by the immedi- notify the employee, Department Director, and
ate supervisor within five (5) work- the City Manager of the time and place of the
ing days, the grievance shall be re- hearing.
ferred_by_the. supervisor.. to the 15.2.5.Recommendations of Civil Service Board:
department director. .
A. Within ten(10)calendar days follow-
15.2.3. STEP 3. Referral of grievance to City ing the conclusion of the hearing,the
Manager. Civil Service Board shall submit to
A. If the disposition of the grievance by the City Manager its report and rec-
the Department Director is not sat- ommendations,as approved by a ma-
isfactory to the employee or if a jority of the Civil Service Board.
decision is not made within five (5) B. Upon receipt of the Board's report
working days, the employee may, in and recommendations,the City Man-
Supp.No.21 2195
§21-15.2 COCONUT CREEK CITY CODE
ager shall put in writing the course drinking" does not adversely affect the perfor-
of action he/she intends to follow and mance of an employee's job functions, the
shall forward one (1) copy of his/her employee's own safety or the safety of others.
decision and one copy of the Board's
report and recommendations to the Sec. 21-16.3.
Department Director, one(1) copy of
each to the employee; and one (1) The City may require any employee to submit
copy of each to the Director of Hu- to a blood analysis, urine analysis, intoxalyzer or
man Resources. other testing method when it has reasonable
belief that an employee is in violation of the
C. The decision of the City Manager, provisions of Section 21-16.2 above. Reasonable
following consideration of the report belief includes,but is not limited to the following:
and recommendations of the Civil 16.3.1. Observable phenomena while at work
Service Board,shall be final and the such as direct observation of illegal drug
employee shall have no further right use or the physical symptoms or manifes-
to administrative appeal. tations of being under the influence of an
(Ord. No. 137-94, § 3, 9-22-94; Ord. No. 116-95, illegal drug controlled substance or alco-
6-22-95; Ord. No. 2001-026, § 14, 9-13-01) hol;
16.3.2. Abnormal conduct or erratic behavior
SECTION 21-16. DRUG FREE while at work or a general deterioration
WORKPLACE in work performance;
16.3.3. A report of an employee using illegal
Sec. 21-16.1. drugs controlled substances or alcohol pro-
vided by a reliable and credible source
The City recognizes that employee substance which-has been independently corrobo-
and alcohol abuse may have an adverse impact on rated (employees shall not be required to
City government, department operations, the im- corroborate impairment of fellow employ-
age of City employees, and the general health, ees. The City further agrees that there
welfare and safety of the employees and the shall be no disciplinary action taken against
general public at large.Therefore,the City and its an employee for refusal to corroborate
employees will best be served by maintaining a such impairment);
drug free workplace where the City has the right
to require employees to submit to toxicology and 16.3.4. Evidence that an individual has tam-
alcohol testing designed to detect the presence of pered with a drug test administered un-
any controlled substance, narcotic drug, or alco- der this during his/her employment with
hol. However,there shall be no random testing of. the City-, .
employees. 16.3.5.Information that an employee has caused,
contributed to, or been involved in an
Sec. 21-16.2. accident while at work where bodily in-
jury or property damage occurs; or
Using,possessing,soliciting, buying, selling or 16.3.6. Evidence that an employee has used
being under the influence of alcohol, drugs or possessed, sold, solicited, or transferred
abusive use of controlled substances while at drugs while working or while on the City's
work is prohibited.Employees are further prohib- premises or while operating the City's
ited from consuming illegal drugs or abusive use vehicle, machinery, or equipment.
of controlled substances on or off duty or from
consuming The occurrence of any one or more of the
cons g alcohol on duty.This item shall not be
construed to prohibit "social above Items 16.3.1 through 16.3.6, must
co to ee s own time drinking" on the be documented in writing with a copy to
p y , provided that such "social
the affected employee. Should the City
Supp.No.21
2196
PERSONNEL ADMINISTRATION § 21-16.5
require an employee to be tested, the 16.4.2. Urine sample collection will be
employee may at his/her discretion, re- unwitnessed unless there is reason to
quest alternate testing. If an alternate believe that a particular individual may
test is desired, the employee must imme- alter or substitute the specimen to be
diately state his/her intention to have provided.
alternate testing. The employee shall be 16.4.3.Employees may inspect the container to
permitted to submit a specimen for alter- be utilized for collection of the urine and/or
nate testing immediately following the blood sample and may request a substi-
initial test at an alternate test site of tute container.
his/her choice provided that such alter-
nate site meets the requirements as de- 16.4.4. Employees may observe the labeling,
scribed in Item 16.5 of this Section. The sealing.and packaging for routing of their
employee shall bear sole responsibility for urine and/or blood samples by qualified
any costs incurred by such alternate test- medical personnel.
ing.Until completion of the collection and 16.4.5. The laboratory shall maintain a record
submission of the specimen for alternate of the "chain of custody" of urine and/or
testing the employee shall be accompa- blood specimens.
nied by a designated member of the City
staff. If the employee so requests, such In the event a urine specimen is tested
sample/specimen collected for alternate positive under the drug testing screen, as
testing may be held at the alternate test specified below, a portion of that sample
site for future testing for up to the medi- shall be subjected to gas chromotography/
cally accepted time limit that such sample/ mass spectrophotometry [GC/MS) testing.
specimen is no longer valid for testing. If the GC/MS confirmation test is also
The results of any alternate,tests shall be positive,the employee may request a por-
forwarded to the City in the same manner tion of the urine sample to be supplied to
as initial test results. a qualified laboratory for independent anal-
ysis;the cost of which shall be paid by the
If requested by the employee,the City will em to ee: _
allow alternate testing
. .
P y
Sec. 21-16.5. -
Sec. 21-16.4.
Drugs, .their, metabolites, alcohol and other
Testing for drugs or illegal substances shall be substances for which the City will screen an:
done through a blood and/or urine analysis at the employee's urine and/or blood sample include,but
City's discretion. Testing for alcohol will be done are not limited to the following: alcohol,amphet--
through a blood analysis or through intoxalyzer. amines, barbiturates, benzodiazepines, cocaine
Blood samples shall be taken to test for alcohol metabolites(benzoylecogonine),marijuana metab-
and/or drugs or other substances where it is olites (delta-9-tetrahydrocannabinol-9-carboxlyic
generally accepted by medical and/or toxological acid),methaqualone,opiates,phencyclidine meth-
experts that testing for such substance is insuff- adone and propoxyphene.All testing shall be done
ciently accurate through urine samples or where by a qualified,independent NIDA(National Insti--
testing of the substance through blood samples Lute on Drug Abuse) laboratory with expertise in-
provides substantially greater accuracy. Blood toxicology testing'and methodology. All positive
and/or urine samples shall be collected under test results shall be evaluated by a certified
supervision of qualified medical personnel in the toxicologist.All samples which test positive on a
following manner,. screening test shall be confirmed by- gas
chromotography/mass spectrophotometry4[GC/;-
16.4.1. Testing shall be conducted at a desig- MS]. Employees shall be required. to .produce .
nated, qualified medical laboratory or fa- evidence of their legal drug and/or substance
cility. as defined above,within twenty-four(24)hours of
Supp.No.21 2197
§21-16.5 COCONUT CREEK CITY CODE
their initial drug screening test by the production itate an employee, the City may allow the em-
of a written prescription from a licensed phar- ployee to utilize leave accrued, or in the case of an
macy or written authorization from a licensed employee who exhausts or has insufficient leave
medical doctor. Test results shall be treated with available to complete a rehabilitation program,
the same confidentiality as other medical records. may place the employee in a leave without pay
The standards to be used for employee drug status during the period of rehabilitation. The
testing are as follows: City reserves the right to require follow-up test-
DRUG TESTING STANDARDS ing up to four (4) times per year for a two-year
period immediately following a rehabilitation pro-
Alcohol Drug/ Screening Confirmation gram.An employee who fails to successfully com-
Metabolite Test Test plete the entire rehabilitation program,including
Alcohol 0.05 follow-up care, may be immediate)� o.os a� Y terminated.
Amphetamines 1,000 ng/ml 500 ng/ml Also,in the event the City elects to rehabilitate an
Barbiturates 300 ng/ml 150 ng/m1 employee,the City is only obligated to offer reha-
Benzodiazepines 300 ng/ml 150 ng/ml bilitation to an employee one time, thereafter,
Cocaine 300 ng/ml 150 ng/ml future relapses may result in termination. The
Cannabinoids 100
Methaqualone 300 ng/ml 150 ml 15 ng/ml
employee shall be required to sign a consent form
Opiates 300 ng/ml 300 ng/ml which allows the City to obtain information about
Synthetlidine ot-
ice: 25 ng/ml 25 ng/ml the employee's progress and successful comple-
tion of such program.Refusal to sign such consent
tin form shall result in disci
Methadone 300 ng/ml 300 ng/ml P ary action up to and
Propoxyphene 300 ng/ml .. 300 ng/ml including termination.
(The "common" names for the.above referenced
drugs are listed on Exhibit "C"). Sec. 21-16.7.
Other drugs and substances may be tested for by
the City in its discretion. In that event, they will Employees convicted for violation of any trim-
be tested at levels according to generally accepted inal drug statute must notify the City within five
toxicology standards. Over-the-counter and pre- (5) calendar days of such conviction. Failure to
scnption drugs which could alter or affect the notify the City shall result in disciplinary action,
outcome of a drug test,are listed in Exhibit"A"at up to and including termination.
the end of this article. Employees shall have the
right to consult the testing laboratory for techni-
cal information regarding prescription and non- Sea 21-16.8.
prescription medication.
Employees who voluntarily come forward and
Sea 21-16.6. admit to abuse of legal and/or illegal drug use and
request assistance for their problem, will be re-
The City, in its discretion, may discipline an ferred for rehabilitation.
employee for drug and/or alcohol uselabuse and/or
the City may choose to rehabilitate the employee. Sec. 21-16.9.
It is recognized that the City must make its
determination as to whether to discipline and/or
attempt to rehabilitate an employee who tests Insurance-provided rehabilitation may take
Positive for being under the influence of alcohol place only at the facility(ies) available in the
drugs or illegal substances on a case-by-case employee's selected group insurance program.Em-
basis. If the employee believes that the City � Ployees are encouraged to contact the City's Risk
acted arbitrarilyor Capriciously Management Department or their group insur-
p ' ' y in its determina- ante provider for a list of a
lion of whether to recommend rehabilitation of an pproved rehabilitation
em to ee facilities. However, in the event the employee
P Y , the employee may grieve the City's elects to attend a rehabilitation facility not avail-
decision. In the event the City chooses to rehabil- able through his/her group insurance program,
Supp.No.21
2198
PERSONNEL ADMI ISMkTION
' § 21-16.16
then the entire cost of the program and any Sec. 21-16.14.
follow-up care will be the total responsibility of
the employee.
(Ord. No. 2001-026, § 15, 9-13-01) The City agrees that no drug and/or alcohol
testing shall be required for a period of sixty_ (60)
Sec. 21-16.10. calendar days from the date this becomes effec=
tive.
An employee's refusal to submit to testing in
accordance with the provisions of this section may
result in disciplinary action being taken against Sec. 21-16.15.
the employee up to and including termination.
Furthermore, if an employee is injured on duty
and refuses to submit to a test for drugs and/or The City will post and distribute a copy of this
alcohol, they forfeit eligibility. for all Workers' section to each employee sixty (60) days prior to
Compensation and indemnity benefits and shall the effective date of implementation of the pro-
be disciplined and/or terminated. gram. Each employee will be required to sign a
written acknowledgement that they have re-
Sec. 21-16.11. ceived the policy and understand the conse-
quences for any violation of this policy.
An employee or job applicant (offered condi-
tional employment), who receives a positive con-
firmed test result may contest or explain the Sec. 21-16.16.
result to the City within five (5) working days
after having been given written notification of the
positive test results. The City shall within fifteen The City has obtained information to establish
(15) days from the receipt of the explanation of the above standards from the State of Florida,
the positive test result from the employee,provide Department of Labor and Employment Security,
a written explanation if the employee's explana- Division of Worker's Compensation, Chapter No.
tion is unsatisfactory. 38F-9, which is available upon request.
Sec. 21-16.12. OVER-THE-COUNTERAND PRESCRIPTION
DRUGS WHICH COULD ALTER THE
It is recognized that technology may,from time OUTCOME OF A DRUG TEST
to time,improve the type and/or testing methods
available for drug and/or alcohol testing. In that Alcohol — All liquid medications containing
ethyl alcohol (ethanol). Please read
event,the City may change its testing methods or
the label for alcohol content.As an
procedures and the employee may challenge said example, Vck's Nyquil is 25% (50
change through the grievance procedure if he/she proof)ethyl alcohol,Comtrex is 22%
believes that the City acted arbitrarily or capri- (40 proof), Contac Severe Cold For-
ciously. mula Night Strength is 25% (50
proof) and Listerine is 26.9% (54
proof).
Sec. 21-16.13. Amphetamines — Obetrol, Biphetamine; Desoxyn,
Dexadrine, Didrex
Civil Service Employees will not be subject to Cannabincids -- Marinol(Dronabinol, THC)
any testing policy or procedure that is not applied Cocaine
equally to all other employees including manage- — Cocaine HCI topical solution
ment and supervisory personnel, however, poli-
cies and procedures for any sworn officers may Phencyclidine — Not legal by prescription
vary. y Methaqualone -- Not legal by prescription
Supp.No.21 2199
§21-16.16 COCONUT CREEK CITY CODE
Opiates — Paregoric, Parepectolin, Donne el
PG, Morphine, Tylenol with Co-
deine,Empirin with Codeine,APAP
with Codeine,Aspirin with Codeine,
Robitussin AC, Guiatuss AC,
Novahistine DH,Novahistine Expec-
torant, Dilaudid (Hydromorphone),
M-S Conin and Rozanol (morphine
sulfate),Percodan,Vicodin,etc.
Barbiturates — Phenobarbital, Tuinal, Amytal,
Nembutal, Seconal, Lotusate,
Fiorinal, Fioricet, Esgic, Butisol,
Mebaral, Butabarbital, Butabitai,
Phrenilin Triad, etc.
Benzodiazepines —Ativan,Azene, Clonopin, Dalmanc,
Diazepam, Librium, Xanaz, Seraz,
Tranzene,Valium,Verstran,Halrion,
Paupam,Restoril,Centrax.
Methadone — Doloohine,Methadose
Prozpoxyphene — Darvocet,Darvon N. Dolene,etc.
Supp.No.21 2200 .
PERSONNEL ADMINISTRATION § 21-16.16
COMMON NAMES OF DRUGS COMMON NAMES OF DRUGS
Cannabis: Pre-State
Marijuana Pot Voranil
Grass Tenuate
Weed Tepanil
Reefer Pondimin
Dope - Sandrex
Mary Jane - Plegne
Acapulco Gold
Hallucinogens:
Tetrahydrocan- THC Phencyclidine PCP
nabirol Angel Dust
Hashish Hash Loveboat
Hashish Oil' Hash Oil Lovely
Hog
Cocaine: Killer Weed
Cocaine Coke
Snow Lysergic Acid LSD
Flake
White Diethylamide Acid
Nose Candy Green or Red Dragon
Bic C White Lightning
Snowbird Blue Heave
Lady' Sugar Cubes
Microbot
Crack Freebase Rocks
Mescaline and Mesc
Stimulants: Peyote Buttons
Amphetamines Speed Cactus
Uppers
UPS Psylocybin Magic Mushrooms
Black Beauties
Pep Pills Narcotics:
Co-Pilots Heroin Smack
Hearts Horse
Benzedrine Brown Sugar
Desadrine Junk
Bithetamine Mud
Methamphetamines Crank Big H
Crystal Meth Methadone Dolophine
Methedrine Methadose
Speed Amidone
Codeine Empirin compound with
Additional Stimulants Ritalia Codeine
Cylert Tylenol with Codeine
Preludin Codeine in cough med-
Didrea icines
Supp.No.21 2201
§ 21-16.16 COCONUT CREEK CITY CODE
COMMON NAMES OF DRUGS SECTION 21-17. SEPARATIONS
All separations from City service shall occur as
Norphine Pectoral Syrup a result of:
Mepenidine Pethidine Sec. 21-17.1. Resignation.
Demerol Any employee wishing to leave the City service
Mepergan in good standing shall file with his department
director, at least two (2) weeks before leaving, a
Opium Paregoric written resignation stating the date the resigna-
Dover's Powder tion shall become effective and the reason for
leaving. Failure to comply with this procedure
Other Narcotics Perocet may be considered cause for denying ying such em-
Percodan ployee future employment by the City. Unautho-
Tussionez rized absence from work for a period of three (3)
Fentanyl consecutive work days may be considered by the
Darvon department director as a resignation, not in good
Talwin standing. Department Directors shall forward all
Lomotil notices of resignation to the Director of Human
Resources immediately upon receipt. Employee
Designer Drugs: shall Perform the duties of their position up to
Analogs of Fentanol Synthetic Heroin and including the last day that they intend to
(Narcotic) China White work. During the two-week period after notifica-
tion the employee desires to resign from his/her
Analogs ofMeperdine Synthetic Heroin Position, any leave provided for under this Code
(Narcotic) shall be at the discretion of the Department
X= (New Heroin) Director.
MPPP Sec. 21-172. Lay-off.
PEPAP
17.2.1. The City Manager may lay-off an em-
Analogs of MDNA (Ecstasy, XTC ployee in the classified service whenever
Amphetamines and Adam, Essence) such action is made necessary by reason
Methamphetamines MDM of shortage of work or funds, the abolition
(Hallucinogens) STP of a position or because of changes in
PMA organization or any other reason deemed
2, 5-DMA necessary by the City.
TMA 17.2.2. However, no regular employee shall be
DOM laid-off while there are temporary,
DOB sional or probationary employees serving
in the same class title for which the reg-
Analogs of PCPy ular employee is-eligible, qualified and
Phencyclidine PCE available.
(Hallucinogens) PCP 17.2.3. Whenever the lay-off of one (1) or more
employees shall become necessary, the
appointing authority shall notify the Di-
rector of Human Resources of the reasons
therefore at least ten (10) work days in .
advance of employee notification. The Di-
rector of Human Resources shall there-
Supp.No.21
2202
PERSON'.-EL A.DNfLNISTFLMON 1 .
upon furnish to the appointing authority plovee, or in the case of an emergency situation i,
names of the employees to be laid-off in which the employee is physically unable to call It,
the order in which such lay-off shall be a family member or friend may ad-,ise the Cite c
effected. the reason for the employee's absence. the em
17.2.4. Lav-offs shall be made within class title plovee shall be considered to have abandonec
or positions and departments when pro- his/her position, and separation benefits shall b.
bationary and regular employees are in- calculated as separation from employment b.
volved. Temporary and provisional non- termination by the. City. An employee shall b,
regular employees, irrespective of reinstated to his/her position if the position is sti i
department shall be laid off in that order Vacant, by a showing of good cause to the Depa.
prior to layoff of probationary or regular went Director, subject to review/approval b%- th,
employees. When there is a reduction in City Manager, of why notification was not possi
the number of regular employees, qualifi- ble within three (3) days. The decision of the Cit.,cations shall be the•determining factor. Manager shall be final.
However,when aptitude,skill, ability and (Ord. No. 153-97, § 1, 9-25-97)
the discipline record of employees are Sec. 21-17.5. Return of city equipment upor
relatively equal, seniority shall govern.
separation.
17.2.5. Any interruption of employment less
than fifteen(15)calendar days because of An employee's final pay shall be withheld unti
adverse weather conditions, shortage of the employee has returned any City-issued equip
materials or equipment, or for other un- ment including uniforms, keys, I.D. card, etc.
expected or unusual reasons shall not be excluding footwear.
considered a lay-off. (Ord. No. 2001-026, § 16, 9-13-01)
17.2.6. No employee in lay-off status shall
retain rights beyond twelve (12) months SECTION 21-18. AMENDMENT OF
from the date of layoff. PERSONNEL RULES
17.2.7. When a vacancy occurs for which there Sec. 21-18.1. Amendments.
is a recall list, the Human Resources
Director shall send a certified letter of Amendments or revisions to this Code may bE
notice to the employee at the last address recommended for adoption by the City Commis
on file with Human Resources. Any and sion, by the City Manager, or by the City Com
all reemployment rights shall be forfeited mission of its own motion- Such amendments or
if no response is received within ten (10) revisions of the Code shall become effective after
business days from the date the notice approval by Ordinance of the City Commission.
was sent or if the employee refuses to
return to work. Sec. 21-18.2:Application.
(Ord. No. 2001-026, § 16, 9-13-01) 18.2.1. Members of the City Service shall.re-
tain the rank and grade and seniority
Sec. 21-17.3. Dismissal. they hold at the time of the effective date
`--- of this Ordinance. That is, it shall not be
A Department Director may dismiss an em- necessary for them to be re-appointed to
ployee, as described in Section 12 or 13 of this the position they hold at the time, nor to
Code. go through any probationary period to
(Ord. No. 137-94, § 3, 9-22-94) hold that particular position.
Sec. 21-17.4. Abandonment of employment. 18.2.2.Nothing in this Ordinance shall prevent
the City Manager from reducing the num-
If an employee is absent for three (3) consecu- ber of employees in any class, as
tive work days without notification by the em- hereinabove provided.
Supp.No.21 2203
- §21-18.3 COCON=CREEK CITY CODE
r _�:
iwrt-�..Sec-_21-18.3.:Sa
_. . . . . Wing.clause..,
- If any section or part-of a Section ofthese Rules
is held by any:court to be invalid'or unconstitu-
tional,the same shall not invalidate or impair the
validity, force and effect of any other section or
part of a section of these Rules unless it clearly
appears that such..other.section or part of a
section is,wholly_or-necessarily dependent for its
operation.upon_a-sectzon_or ..
-parf of a section so
held invalid or unconstitutional.
(Ord. No. 137-94, § 3, 9-22-94) '
7.
SuPP-No.21 ~~