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HomeMy WebLinkAboutO-1967-514 ` 1 j ORDINANCE NO., AN ORDINANCE ENACTING AN OVERALL AND COMPREHENSIVE PLAN OF CIVIL SERVICE FOR THE BENEFIT AND PROTECTION OF BOTH THE MUNICIPALITY AND EMPLOYEES; AND ADOPTING A SET OF RULES KNOWN AS THE 1967 CIVIL SERVICE RULES; AND PRO- VIDING FOR A TRANSITIONAL PERIOD END- ING AS OF JANUARY 15, 1968, DURING WHICH PERIOD THE 1967 CIVIL SERVICE RULES SHALL BE PLACED IN EFFECT; AND REPEAL- ING, ALL ORDINANCE OR PARTS OF ORDINAN- CES IN CONFLICT HEREWITH; AND PROVID- ING THAT THIS ORDINANCE SHALL BE IN FORCE AND TAKE EFFECT IMMEDIATELY UPON ITS j FINAL PASSAGE AND ADOPTION, WHEREAS, Chapter 65-1427, Special Acts of-1949, authorized City of Dania, Florida, to ordain and enact by ordinance an overall and comprehensive plan of civil service for the benefit and protection of both the municipality and the employees of City of Dania, Florida; and WHEREAS, attached hereto is a set of -rules consisting of pages 1 through 48, inclusive, which pertain to a plan of civil service for the em- ployees of City of Dania, Florida, with said rules being referred to herein- after as the 111967 civil service rules'; and WHEREAS, the City Commission recognizes that a period of time of approximately three (3) months will be required initially to carry out, perform and implement the several requirements specified by the 1967 civil service rules; and i WHEREAS, the City Commission desires to place the 1967 civil ser- vice rules in effect, under the terms and conditions hereinafter stated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA: Section 1. - That a plan of civil service for the benefit and protec- I' 1 -1- I J 1 1 i 1 4 j i tion of both the municipality and the employees of City of Dania, Florida, and the same is hereby adopted with such plan to be consistent with all of the requirements and regulations set forth in the 1967 civil service rules. Section 2. - That the 1967 civil service rules, attached hereto, are hereby adopted. Section 3. - That recognizing that a period of time is required ini- tially in order to fulfill each and every requirement of the 1967 civil ser- vice rules, the City Commission does hereby determine and ordain that from the effective date of this ordinance until January 15, 1968, a transi- tional period will exist while the civil service plan is placed in effect and that all of the requirements of the 1967 civil service rules shall not become finally effective until January 15, 1968. However, from the effective date of this ordinance until January 15, 1968, the City Commission shall have lutions, from time to time, which place the power and authority to adopt reso various requirements of the 1967 civil service rules in full force and effect, it being the intention of this ordinance that the 1967 civil service rules shall be fully effective by January 15, 1968. e., Section 4. - That all ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. - That this ordinance shall be in force and take effect im- mediately upon its final passage and adoption. PASSED and ADOPTED on First Reading on the Sth day of i September , 1967. PASSED and ADOPTED on Second Reading on the 18th day of I September , 1967. PASSED and ADOPTED on Third Reading on the 25th day of i - -2 ! ! Yt i' { I c r� September , 1967. Mayor-Commissioner Attest: i City Clerk-Auditor , I I I i i � I II I � { f i f { I j i i -3- I i e l 1 t c rt, CITY OF DANIA j DANIA, FLORIDA } October 4, 1967 r TO: CITY CLERK-AUDITOR r; FROM: CITY MANAGER ' E With respect to the ordinance which was recently adopted and which + f provided for a Civil Service plan, one of the exhibits was the Civil Service Rules. Before final reading and adoption of the ordinance, Section 4 of the Civil Service Rules, concerning the Civil Service E Board was amended. 4 t Attached find a copy of amended Section 4 Please make certain that same becomes a part of the official copies of the 1967 Civil Service Rules. � p - r C Y f t f t ""•,` �.. r.,wu'.vs n e ,,:auasNmw:W;:Trnwurc�•� r t Sac��_on S ^1-e Civil S'a.: Flca - - 1. 'he CiVi'_ Servlca Doa:cd shall consist of three members who shall be appointed as follows: k (al One mer_-.ber shall be appointed by the City Commission; i (bi G.e rnailioer shall be -recommended for appointment by the regular i ei-r- aiGyees of "`a City of Dania. in connection with such recommenda- k tion, the rectil ar employees shall conduct an election or vote, which may be i lorrral in nature, to determine the member who shall be { reco-r_amended for appointment by the regular employees of the City of Dania; and ic) 1 s to t e -,nird member, the City Commission shall present three i names to the reg-Lda-r employees of the City of Dania. 'Thereafter, the `i C:wa:' e 7=yees slaall conduct an election or vote, which may be 1 j ruorrnal La nature) to approve, and recommend for appointment, one of the three :.ames presented by the City Commission. In considering the Vote 01 tr_e regular e.T.ployees as to such three names, the person i receiving Zhe hi nest vote need not receive a majority vote. All three r^e r hors, who shall be elected as aforesaid, shall be appointed i for a ter-na whicn Sina71 end at the tirr:2 rawly elected commissioners take office in the nez' g-e::eral e'_DCtion Gf file city. T''-e --enibers shall be appointed by resolution oft.a C'yy Con rnission. my member may be reappointed to office. li is 'c'ne orincil plo function of the board to serve in an appellate and advisory capa- c`<ty i. he adrr r•istration ci rile personnel prop-rare. 1t is the duty of the Civil ' SB:L'V'Ce 3GaTd and '.t Silali have tP,e power to: k i k F.. rear a_ paws of any -regular employee in the method provided k ! II Ir 1 .,�. -tic�r@Sci:L the ;OUOiIC 11lu;1'e, i k sts in the improvement of personnel aan_1Strc,,,,_0;^, in tilC; City Se"'Vl ; ice. C. r f'- h se ine Commission, the City Vanager and the Personnel DLre CtiG-.^ 001e"f,^.' �.: 0 concerning Personnel ! 'n administration. 'v-2a ar.) assist rile Personnel Director in fosterin g the improve- r'e•"-` Of perSUP��ie„ Sta".da.rdS in the City Service. �. V a ie • T ""•J i"1u�ry VJn1Ch 1L may . consider desirable co iha adnliilistration cl oa-� ' concerning -sonnel in the y cit j service and to review any ' :.:el aCi;10n wn1C� n r h is ay appear to be arbitrary, capricious ' j e p s or f aina nlaiie recolamendations to the personnel director with r i 1� y.,.ie G.tl.:uai r�'i'UrtS, and such special reports as it consider if desil ea0ie, t0 th2 (,'OY -�^* S J fission and to the City Manager �loriS concerning adC::u:iStT'at:i0: :.n tfle City service and recornmenda 1' Or i�:prOVO _. Cia t_:ei^ein. lw G. uo r une Classification P1 an and proposed amendments or revisics thereto. f ' I i I i f I i i i �r f. l j y - CITY 0 F I D A N I A, F L 0 R I D A r 99 P E R S O N N E L v 1 -R U L E S i i i r i � r CIVIL SERVICE DEPARTISENT N i z i ' t i ' E I i i i i 1 i 1 f I l I TABLE OF CONTENTS RULE I GENERAL PROVISIONS PAGE Section 1. Purpose of these rules 1 r 1 Section 2. Positions covered by these rules 1 Section 3. Approval of rules 1 RULE II DEFINITIONS Section 2, Allocate 2-A Section 2. Certify 2-A Section 3, Class 2-A Section 4. Continuous service 2_A i Section 5. Demotion 2_A Section 6. Eligible 2-A Section �, Eligible list 2_A Section 8. Employment list 2_A Section 9, Hearing 3_A Section 10, Permanent position 3_A Section 11. Position 3_A Section 12. Probationary employee 3_A Section 13. Promotion 3_A Section 14. Promotional examination 3_A ! Section 15. Promotional list 3_A Section 16. Provisional employee 3_A Section 17. Regular employee 3_A Section 18, Status I Section 19. Temporary employee 4_E Section 20. Temporary position 4-A Section 21. Vacancy 4-A j RULE III ORGANIZATION FOR PERSONNEL ADMINISTRATION Section 1. The City Commission 5 Section 2, The City Manager 5 I Section 3, The Personnel Director 5-6 Section 4, The Civil Service Board 6-qA i RULE IV POSITIONS INCLUDED IN PERSONNEL SYSTEM Section 1, The City Service 8 Section 2, Status of employees in the city service 8-9 RULE V THE CLASSIFICATION PLAN j Section 1. The purpose 10 Section 2. Composition of the Classification plan 10 Section 3. Class title Section 4 Class specifications 11 Section 5. Maintenance of the Classification Plan 11-12 I 4:. TABLE OF CONTENTS RULE VI THE COMPENSATION PLAN PAGE 13 RULE VII APPLICATIONS j Section 1. Announcement of examinations 14 11!! Section 2, Filin g of application14 Section 3, Citizenship 14 Section 4, Residence 14 %. r Section 5, Minimum qualifications 14 r' Section 6, Rejection of application 15 ` Section 7, Notice of rejection of appli- cation 15 Section 8, Postponement and cancellation Of examinations 16 k Section 9, Veteran's preference 16 Section 10, Resident 's preference 16 RULE VIII EXAMINATIONS is Section 1, Recruitment by examination 17 Section 2, Identity of examinees concealed 17 ,r Section 3, Rating examinations i 17-18 Section 4, Minimum grades on each section 18 Section 5, Notification of results 18 Section 6, Inspection of papers 18 Section 7, Promotional examinations 18-19 Section 8, Announcement of promotional examinations 19 I Section 9. Service credit in promotional examinations 19 Section 10, Unskilled., and semi-skilled laborers, domestics, attendants j or custodial work 19 Section 11, Non-assembled examinations 20 RULE IX ELIGIBLE LISTS t Section 1, Establishment of eligible lists 21A ! Section 2, Duration of lists 21A Section 3. Reemployment lists 21A Section 4, Removal of names from lists 22 Section 5, Restoration of names to eligible t lists 22 RULE X APPOINTMENTS Section 1, Procedure for filling vacancies 23A Section 2, Priority of lists 23A Section 3, Certification from list 29A-24A Section 4, Incomplete certification 2 A Section 5, Notice of certification to the eligibles 24A Section 6. Waiver of certification 251, - 47 :A.,tFliidSS.,,+Ti,•1 ,. .:w:. ,.. ..,:., ...... _. _ .. t y E` TABLE OF CONTENTS C PAGE Section 7, Provisional appointment 25 Section 8, Temporary appointment 25-26 Section 9. (Reserved.) 26 Section 10. Emergency appointment 26 Section 11. Reinstatement 26 Section 12. Transfer 26 Section 13. Demotion 27 Section 14. Probationary period 27-28 Section 15. Medical examinations 28-29 r Section 16. Appropriate list 29 I RULE XI GENERAL PERSONNEL POLICIES AND PROVISIONS Section 1, Hours of work 30 Section 2, Legal holidays 30 Section 3. Vacation leave 30-32 1 Section 4. Sick leave with pay 32-33 Section 5. Leave with pay 33 Section 6. Leave without pay Section 7. Prohibitions Section 8, Employee rights of appeal Section 9. Presentation of employee grievances Section 10. Employee performance rating i RULE XII SEPARATION AND DISCIPLINARY ACTION Section 1, Resignation { j Section 2, Layoff Section 3, Suspension Section 4. Dismissal ' Section 5. Demotion for inability to perform duties RULE XIII AMENDMENT OF PERSONNEL RULES Section 1, Amendments I i RULE XIV SAVING CLAUSE I i i I I � it I � i I . I 7"; 71 RULE I - GENERAL PROVISIONS }, t [ Section 1, Pur ose of these rules: These fules set forth the r. Principles and procedures that are to be followed by the city in its personnel program to the end that the city and its em- ployees may have assurance that .personnel will be dealt with i on an equitable basis, and that the citizens of Dania may de- (. rive the benefits and advantages which can be expected to re- sult from a competent staff of city employees, jSection 2, Positions covered b these rules: These fules shall t j apply to all positions and offices in the city service excepting those of the City Manager, Assistant City Manager, City Attorney, f Assistant City Attorney and Municipal Court Judge, Public !.forks Direction, Recreational Direction, Police Chief, City Clerk, � 4 Fire Chief, and any other Department Head designated by the City Comnission, Section i! A royal of rules: These rules shall be in force ((p and effect when approved by the City Commission and shall have r PnM• I, the force and effect of law insofar as they apply to positions covered by said rules. I i i i i r i i I i I I 1 � i RULE II - DEFINITIONS v� 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 1 Director, and/or any person designated by the Commission in I supplying a department head with the names of applicants who are eligible for appointment to the class and positions in r , the classified service for which certification is requested, i 1 Section 3. Class shall mean a position or group of positions having similar duties and responsibilities, requiring similar , qualification, which can be properly designated by one title indicative of the nature of the work and which carry the same 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; how- ever, time lost due to leave of absence, suspension or lay-off i shall not be included in the determination of length of con- tinuous service. Authorized paid leave of absence shall be in- f eluded as a part of continuous service. Section 6. 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. i Section 7. Eligible list shall mean an employment list, pro- - i motional list, reemployment list or re-instatement list. Section 8. Employment list shall mean a list of persons who have been found qualified by an entrance examination for ap- II 2-A F7 pointment to a position in a particular class. Section 9. Hearing means a public hearing held after public P i 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 budge or by the City Manager. Section 11. Position shall mean a group of duties assigned to i i one person or ,job. Section 12. Probationary employee shall mean any employee who i is serving his probationary period prior to being regularly appointed to a permanent position and class in the classified service i Section 13. Promotion shall mean the assignment of an employee to a position in a higher class having a higher maximum salary I than the position from which assignment is made. Section 14, Promotional examination means an examination or I group of examinations for a position in a certain class, ad- mission to which is limited to employees in the classified service, who hold permanent positions in another class. i i Section 15. Promotional list shall mean a list of persons who I lhave been found qualified by a promotional examination for ap- pointment to a position in a particular class. Section 16, Provisional employee shall mean any employee fill- ing 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 �1d 3 been appointed to a permanent position in the classified ser- f I r vice in accordance with the provisions of the rules after com- j I 3-A I pleting a probationary period. They shall also gain status c 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 hold- + ing a position other than permanent, except as provided in the 1 Rules, which is of a temporary, seasonal, casual or emergency j nature, f j Section 20. Temporary position shall mean all positions that I a are not designated permanent. 3 Section 21. Vacancy shall mean a position existing or newly `r. ° created, which is not occupied, and for which funds are avail- able, and for the filling of which a valid requisition has been i 1 received by the Personnel Director. 1 ! i f i i I i i i I f i I I i i ! 4-A T7 RULE III - ORGANIZATION FOR PERSONNEL ADMINISTRATION k Section 1. The City Commission: The City Commission shall: �. A, Approve the personnel rules, 4' B. Approve the pay plan and all amendments thereto. C. Make and confirm appointments to and remove from 4 positions specified by the City Charter. `. j Section 2. The City Manager: The City Manager shall: A. Be responsible to the City Commission for the admini- stration of the personnel system subject to these rules. s B. Appoint or remove all subordinate officers and employees subject to the provisions of these rules excepting those 4 to be appointed and removed by the City Commission. C. Perform such other duties and have and exercise such i other powers in personnel administration as may be pre- scribed by law and these fules. jSection 3. The Personnel Director: The City Commission shall I i i appoint, in accordance with the provisions of the City Charter a Personnel Director who shall also be secretary to the Civil i Service Board who shall be responsible to the City Manager for I I the administrative and technical direction of the city personnel j program. He shall be known as the Personnel Director and shall: A. Administer the provisions of these rules. i i I 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 amend- I ments to the Classification Plan so that it will reflect i 5 on a current basis the duties being i g performed by each employee in the city service and class to which each Position is allocated, D. Administer the f` PAY Plan including the periodic review r. of salary and wage levels in the area to the extent that ! such levels affect city employment and the periodic in- vestigation of factors affecting the economic level of i salaries and to make recommendations for amendments to the pay plan. Provide a system of checking payrolls, so as to deter- mine that all persons in the city service have been ! i. pro- paid in perly appointed and are beingaccordance with these rules, H'. Provide for the establishment and maintenance of a ros- ter of all employees in the city service. Provide such forms and procedures as he may consider necessary, appropriate, or desirable to carry out the i Personnel Program, H. Develop and establish in cooperation with the City Man- ager and the various department heads such training and i educational Programs for employees in the city service as conditions warrant, i I, Prepare annual reports regarding the work of the de- jpartment, t J. Attend all meetings of the Civil Service Board, K, Perform such other activities with reference to per- sonnel administration not inconsistent with he City Charter or these rules, as may be deemed necessary or 6 d 'r j desirable to enforce h�J te provisions of these rules, as the City Manager may direct or'i ordinance, as may be required by L. Prepare and recommend such rules or amendments to th rules as a � nay be necessary or advisable to carry out the intent and purposes of the city personnel program, Section 4. f The Civil Service Board : The Civil Service Board shall consist of three nembers two of whon shall be recommended for ap_ pointment by cityCo f Commission and the third member shall be recom_ { nended. for appointment by the re I Bular employees of Dania, the City of Each member shall be appointed for a full tern of two ? Years, by resolution of the City Commission, which resolution shall I specify upon whose recommendation the member was a j'expiration of term of office, ppointed, and the No appointed member shall serve for a tern beyond the next municipal A 1 election, and those present nen- bers may be reappointed, It is the principle function of the board to serve in an ,appellate and advisory capacity � on of the in the administra- ti I personnel program. It is the power the duty of the Civil Service Board and. it shall have ;•..� � to: � A. Hear appeals of any regular employee in the nethod j vided in these rules, pro- B. Represent the Public interests in the improvement of per- sonnel administration in the city i C. Advise the Commission the C service, � City Manager and the Personnel Director on problems concerning D. Advise and assist the Personnel Director lin administration. the � improvement of g the p personnel standards in the cit E. Make any in uir Y service, ' q y which it may consider desirable, concern- 7-A s ing the administration of personnel in the city service and to review any personnel action which may appear to f" be arbitrary, capricious or illegal, and make reconmen- dations to the personnel director with respect thereto. F. Make annual reports, and such special reports as it con- siders desirable, to the Commission and to the City Man- ager concerning personnel administration in the city ser- vice and recommendations for improvement therein. jG. Adopt the Classification Plan and proposed amendments or revisions thereto, 991 RULE IV - POSITIONS INCLUDED IN PERSONNEL SYSTEM k "e Section 1. The City Service : The City Service shall comprise all joffices and positions in the city employ, now existing or hereafter created, The City Service is divided into the exempt and classi- fied services: A. The exempt service shall consist of : (a) City Commissioners. (b) The City Manager and/or Acting City Manager i (c) Assistant City Managers. (d) Administrative Assistants to the City Manager. (e) The City Attorney and Assistant City Attorneys, I (f) The Municipal Judge, Associate Municip.,1 Judge and Assistant Municipal Judge, (g) Consultants, counsel, architects, auditors, board i and committee Members and the like rendering tem- porary professional services for pay or not for pay. Exempt personnel may not be assigned the duties of a vacant classified position except in accordance with Civil Service Rules and Regulations. S f r I - c B. The classified service shall comprise all other positions now existing or hereafter created not specifically included in the exempt service. is i Section 2. Status of employees in the city service ; All persons, excepting part time or temporary employees, holding positions in l the classified service on the effective date of these rules, and j whose positions normally involve continuous year round full time i j service, and who have served continuously for a period of at least six months immediately prior to the date of adoption of these rules i shall be considered to be regular employees and as such entitled. 1 to the rights, benefits and. privileges extended to such employees by the City Charter and these rules. This excludes persons designa- ted on Page 1, as follows: City Manager, Assistant City Manager, City Attorney, Assistant City Attorney, Municipal Court Judge, I Public Works Director, Recreational Director, Police Chief, City I Clerk, Fire Chief, and any other Department Head designated by the I i City Commission. All persons, excepting part time or temporary employees, hold- ing positions in the classified service on the effective date of these rules and whose positions normally involve continuous year round full time service and who have not service continuously for i a period of six months immediately prior to the date of adoption of these rules shall be considered to be probationary employees and as such subject to the provisions of these rules relating to satisfac- tory completion of a probationary period. All persons holding positions in the classified service which I do not involve continuous year round full time service shall be con- sidered as temporary employees. 9 ; L� 4 RULE V - THE CLASSIFICATION PLAN Section 1. The purpose : The classification plan provides a con- ` I< plete inventory of all positions in the city service and accurate 1 descriptions and speci ications for each class of employment. The I. Plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities and has the sane meaning throughout the city service. Section 2. Composition of the Classification Plan: The Classifi- cation Plan consists of: t r j S jA. Classes of positions which are established by grouping 1 I Positions which are basically similar in the kind of work and level of difficulty and. responsibility, which require i similar experience and training at time of recruitment, and which may be compensated fairly from within the sane ran ge of pay under similar working conditions. II B. Class titles which are descriptive of the work performed i and which identify each class. C. Written class specifications for each class of i Positions ; which contain a description of the nature of the work of i the relative responsibility of the positions in the class, I examples of work which are illustrative of duties of posi- tions allocated to the class, requirements of work in terms of knowled.ges, abilities and skills necessaryfor perfor- mance 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 posi- tion in the city service, as identified by the nave of the 1 I employee holding that position, � i 10 I , I Section 3 Class title : Class titles shall be used in all Person- nel, accounting, budget, appropriation, and financial records. No Person shall be appointed to, or enployed 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 indi- cate authority, status in the organization, or administrative rank j may continue to be used for such purposes. Section 4_ Class specifications: Specifications are to be inter- preted in their entirety and in relation to tohers in the Classifi- cation Plan. Particular phrases or examples are not to be isolated i and treated as a whole definition of the class. Specifications are _ deemed to be descriptive and explanatory of the kind of work per- 3 formed and. not necessarily inclusive of all duties performed, { Section 5Maintenance 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 i , reflect on a current bass the duties being i i g performed by each em-ployee in the city service and the class to which each Position is i allocated, i The Personnel Director shall periodically review the classifi- cation of positions and upon the basis of his investigation he i shall recommend to the Civil Service Board a , appropriate anc neces- sary amendments to the Classification Plan in the form of new clas- ses, revisions of existing classes and the abolition of classes no i longer required in the plan. Such recommended amendments shall be effective when approved by the board, and commission, the thirtieth day after being recommended to the board providing that prior there- to the board shall not have disapproved then, 11 L� Allocations and re-allocations within the approved. Classi'fi- cation Plan shall be made as follows: A. The Personnel Director shall study the duties and respon- sibilities of each new position as it is created and on the basis of this study place the position in the appro- priate class within the Classification Plan for the duties '- 1 to be performed. B. Changes in the duties and responsibilities of a position involving either the addition of new assignments of the taking away or modification of existing assignments shall fff ri be reported to the Personnel Director by department heads. If these are determined to be permanent, are more than minor changes, and. ,justify a re-allocation to a different classification, the Personnel Director shall, after afford- ing to the employee affected the opportunity to be heard, i � by giving them ten days written notice and with consent of the City Manager and approval of the Civil Service Board, I place such position in its appropriate class, i I I i I I 12 ' f i t ! 1 t n: RULE VI - THE COMPENSATION PLAN ! of' 1 (See current Pay Plan) f: t;. F: i5 4' 1 !l D f I i i 1 i 1 i I I I i I �3 RULE _VII APPLICATIONS I' Section 1, Announcement of examinations: Public notice of en- trance 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 an- , nouncenent on the City Hall bulletin board and in such other places and such other manner as the Personnel Director may deem advisable. Section 2, rilin of a plieation: 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 i returned to the applicant with a notice to amend the same. Amend- ments or corrections must be made within the time limit fixed by the Personnel Director, Section 9 Citizenship: All applicants Must be citizens of the United States, Section 4, Residence: There shall be no requirement of residence for filing application for a position in the classified. service. Appointees to positions in the classified service shall, within 60 days from the date of appointment, establish residence and ac- tually reside during their period of enployment in Broward County, This requirement may be waived in special cases by approval of the ! City Commission. Employees in the class "Police Cadet" are exempt from this residence requirement, as"ection 5. Minimum ualifi cations: 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 14 � I r 04 examination announcement, i 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 J i l filed on the prescribed form. R; li B. That the applicant lacks any of the required qualifica- tion s set forth in the examination announcement. 1 C. That the applicant is physically unfit to perform effec- tively the duties of the position in which he seeks em- ployment. 5 D. That the applicant is addicted to the habitual excessive i use of drugs or intfticating liquor or has been convicted i of a misdemeanor involving moral turpitude or of a felony, { jE. That the applicant has made a false statement of a ma- terial fact, or practiced or attempted to practice any i i fraud or deception in his application or test, or in i attempting to secure appointment, or, if appointed., may i f cancel the certification and in effect cancel the appoint- . i pent. F. That the applicant was previously in the city service and { jwas removed for cause or resigned not in 3ood standing, G. That the applicant, after notification, did not promptly Present himself at the time and place designated for the examination, I H. That the applicant has a work record from previous em- ployers not consistent with the standards expected of a j city employee. . �5 I Section 7. Notice of rejection of application: Whenever an ap- plication 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-S. Postponement and cancellation of examinations: Any examination rya 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 i the action. JSection 9 Veteran's preference: 1 A. "Veteran" defined, A veteran is any person who has ser- ved in the United. States army, air force, navy, marine corps, or revenue marine service (Coast suard) , or in j the army or navy nurse corps, in time of war, or who I i f served under the provisions of the Selective Service Act Of September 16, 1940, and who has received an honorable j discharge or a certificate of honorable active service. For purposes of eligibility, a (veteran' must have ser- ved between the periods from December 7, 1941 to Decem- ber I + ber 31, 1945, and./or June 27, 1950 to October 31, 1953. B, Veteran's prefernnce and credits: Any such veteran, j taking an open competetive examination shall receive I 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 reference: Those persons who are current- i 16 ly 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 t . full years and who present satisfactory proof of such residence and who receive a passing grade on entrance examinations shall F; { have additional points added to such grade, as follows: j1, 40sidc>nts r*hn (io not receive veterans preference, , , , ,11, � points 2. Residents who do receive veterans preference, , , , , , , , , 1 point I RULE VIII - EXAMINATIONS 1 Section 1, Recruitment b examination: All appointments in the i j classified service shall be made according to merit and. fitness, { Merit and fitness shall be ascertained by examinations which shall i be prepared by or under the direction of the Personnel Director, I ° All examinations shall be impartial and shall relate to those mat- ters which will test fairly the capacity and fitness of the appli- cants to discharge efficiently the duties of the Position to be filled. Examinations nay be assembled or non-assembled, and may in- elude written, oral, physical tests, performance tests, ratings or training and experience or any combination of these. They nay take into consideration such factors as education, experience, aptitude, I 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. Pronotional examinations shall take into consideration the quality and length of employment, in addition to any or all of the above factors, i Section 2, Identit of examinees concealed: The identity of all i persons taking a competitive written test shall be concealed from lq i i i 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 identi- fication mark, or any applicant who reveals his identification num- ber to the Personnel Director or to any member of his staff, direct- ly or indirectly, shall be disqualified and the applicant so notified. i Section 3. Rating examinations: Appropriate scientific techniques i and procedures shall be used in rating results of examination and in determining the relative ratings of the competitors. Final examina- tion grades shall be expressed on a scale of 100 for maximum possible attainment and 70 the required. passin; grade. In the case of promo- tional examinations service credit shall be in addition to the al)ve, i The final ratings of successful competitors who have attained a pas- jsing score of 70 or above shall be rounded-off to whole numbers ac- cord.in to the following : i g .50 and above, the next highest rating; below ,50, the next lower rating: i. e. , 81. 51 - 82, 81.49 - 81, Section 4, Minimum grades on each section: The Personnel Director may determine the minimum qualifying grade for any hart or parts of an examination. Any applicant who fails to attain at least this min- . i imum grade shall be considered to have failed the examination and I ! shall not be examined on any further parts, if any are planned.. Section 5. Notification of results: Each applicant taking an exam- ination shall be given written notice of the results thereof, and if i successful, of his final earned rating and his relative position on the list. Section 6. Inspection of papers: Any applicant shall have the right i 9 1 to make one personal inspection of his examination papers within one month from the date of establishment of the list. A manifest 18 L� I 1 error in rating a test or test procedure shall be corrected if call- ed to the attention of the Personnel Director within the{i inspection �f it period. Such corrections shall not invalidate any appointment pre- viously made from such a list. { Section 7. Promotional examinations: Vacancies in higher positions in the classified service shall be filled by the promotion of employ- ees in the service whenever in the judgment of the City I4anager and the Personnel Director it is in the best interests of the city to do I so, When the determination is made that there will be a promotional i i examination, the Personnel Director shall designate the lower class I or classes from which promotion is to be nade any' shall establish the required period, of service in these classes which shall be not less than one full year provided that in the case of persons regularly b .. employee in the entering positions in the uniformed police and fire services the required perioO of service shall be not less than two , full years, and with one years nininiri service between all other senior classes, The Personnel Director nay also prescribe other j reasonable requirements in the examination announcement, I Section 8, Announcenent of promotional examinations : All promotion- al examinations shall be publicized at least two weeks in advance of the examination by posting announcements on a bulletin board in the City Hall and in such other places and. in such other manner as the Personnel Director deers advisable. Copies of all such announcements shall be furnished the departments affected . Section 9. Service Credit in promotional examinations: Regular em- ployees who receive a passing 3rade 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 19 I 1 04 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 aplointed after such non-com- , ' petitive 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 jus- tify holding assembled examinations, he may conduct exami- nations for such classes on a continuous non=assembled basis. 1 j B. The names of successful applicants shall be placed on the appropriate eli3ible list in order of their relative grades without reference to priority of time of examination, i 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 f an elapsed time as determined by the Personnel Director, i i ' I i i i I ' I i i 20 RULE IX - ELIGIBLE LISTS j Section 1. Establishment of eligible lists: The Personnel Director a shall establish and maintain such eligible lists for the various classes of positions as are necessary to meet the needs of the ser- vice. Each such list shall contain the names of those persons who i are deemed by virtue of the examination process to be qualifier? to perform the duties required in the specific class. Such persons i shall be notified and take rank upon such lists in the order of their relative grades as detcrnined. by Rule VIII, Section 3, Eligible ap- plicants attaininT the same score shall be considered to have the sane rank on the eligible list. Section 2. Duration of lists: The duration of each eligible list, and the names appearing thereon shall be not less than six months nor more than one year. The Personnel Director may extend such per- iod by order made before the expiration of the list except that the ireinstatement list shall not exceed one year. No list shall be ex- tended to a time more than one year from the original establishment thereof, and a statement of the reasons for any extension shall be 1 entered in the records of the department. Any such list, excepting those lists established as the result of continuous non-assembled examination which has been in force for more than six months shall be deemed cancelled upon the establishment of a new eligible list Cor the same class of positions. i Section 3, Reemployment lists: A regular employee who has been in- I i voluntarily separated from the city service without fault or delin- quency on his part shall have his name paced on a reemployment i l p. lo ynent list f for the sane class of position he held at the tine of his separation. The name of such employee shall be placed upon the list in the order JJJ 21-A q � ,` j Jof his total continuous tine serviced in the class. Such employee shall be plc eligible for reemployment 1 ynent for a period of two years from the date of separation. Section 4, Removal of names fron lists: The Personnel Director may �. at any tine remove the name of an eligible from the list for any one or more of the followin; causes:] i' n. At the request of the eligible. B. Failure to respond to notice to appear for interview with- in the tine limited in such notice. i C. Declination of permanent appointment. D. Failure to notify the Personnel Director of a cha mc of 1 n„ � address, L Appointment to a permanent position through certification - ' from a list for another class at the sane or higher salary, In the case of Promotional lists, upon separation, other than layoff, from the city service. G. 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 VII section 6 of these rules. i Section • Restoration of names to eligible lists. Whenever any per- son's name is removed from an eligible list for any one or more ., the causes mentioned in the preceding section, he hall it ediately be notified thereof unless his whereabouts are unknown. Such person may, within five days from date of removal, make a written request i to the Personnel Director for restoration of his name to such list for the duration of his eliibilit Y.J the reasons for the conduct result nr The request shall set forth in removal of the name from the list and. shall further after full consideration of the request, may 22 I 1 restore the nano to the eli;ible list or may refust such request. The person shall be notified of the Personnel Director's action. RULE X - APPOINTMENTS Section 1, Procedure for filling vacancies: All vacancies in the 1 classified service shall be filled by oriinal appointment, promo- tional appointment, provisional appointment, re-enployment, re-in- statement, transfer or demotion. Whenever a vacancy is to be filled 1 the department head. shall make requisition upon the Personnel Direc- i for for eli;ibles for appointment to the class position for which the i vacancy exists. Such requisition shall be upon the form provided by a the Personnel Director, If the position is permanent the Personnel I Director shall certify to the department head the proper number of names from the appropriate list or authorize some other kind of ap- pointment as provided in these rules, i Section 2. Priority of lists: Certification shall be made from exis- j tin, lists in the following order of preference: 1. Re-employment lists, i 2. Promotional lists, 3. Employment lists. 1 4 , Re-instatenent lists. Re-instatenent lists :::ay rank before or after employment lists at time of certification by specific request of the appointing authority, i Section 3. Certification from the list: Upon receipt of a valid i regiosotopr. fpr an eligible to fill a vacancy the Personnel Director shall certify to the requesting department head. the names and addres-ses of the eligibles on the list for the class who qualify under the Rule of Three Scores and have indicated a willin-cness to accept ap- pointment. { 23-A A I y The "Rule of Three Scores" provides that the names associated with Athe three highest scores determined by Rule vIII, Section 3 and Rule IX, Section 1, shall be certified to a vacancy; the names within the o. next being scores highest certified for each additional vacanc 6 g Y, pro- vid.ed however, that a fewer number may be certified when there is i not the required number on the list. In the case of insufficient scores on a Promotional list the Personnel Director may augment those scores by a sufficient number fron the appropriate employment list in order to make a cor!plete certification, The Department head shall select from the eligibles certified. to him the number of � � persons required. for the vacancies j to be filled and. recorriended to the City Manager through the Person- nel Director that they be appointed, ? When the position to which certification is to be made is ;are- sently occupied by the encunbent provisionally, r'ue to a re-alloca- tion action, the encunbent naybe certified to that i position regard- less of rank �upon the eli p ,ible list, i Section 4. Incomplete certification: when the number of names (ir- respective of the number of scores) available for filling any vacan- cy is fewer than three the department head, with the approval of the City Manager, nay decline certification for that vacancy and request that the vacancy be filled. by pro-risional a ppointment or in any other manner provided by these rules. Section 5 Notice of certification to the eligible: whenever the f name of an eligible is certified the eligible shall be sent written i i notice of his certification. Such notice shall state the time with- in which he must report for interview. 24-n 1 i i Section 6, Waiver of certification: Eli;ibles may waiver certifi- cation upon filin,; reasons satisfactory to the Personnel Director, Vaivers must be filers with the Personnel Director within five days from the date of .notification of certification and, if approved, the nane of such eli-ivle shall not be certifier! until waizrer has been withdrawn upon written request therefor, ailure to execute a satin- factory waiver or to report for interview within the time indicator, shall be deemed sufficient cause for removin7 the name of such eli- iblc from the list. Section 7 Provisional a Anointment: Whenever there are ur ent rea- sons for fillin . a regular position in a class for which appropriate lists or the required number of ell,ibles are not then available, the Personnel Director nay authorize the vacancy to be filled by a pro- visional appointment. In such case, preference for provisional appointment shall be -i-ren first to persons whose names are on appropriate lists; second- ly, to persons in the city scrtrice when the Personnel Director rinds to be qualified; thirdly, to persons who have applied to appointment as regular employees and when the Personnel Director believes to be qualified . Pro isional appointments shall be terminated at such tine as the required certification and appointment can be made from a list and shall be for not loneer than four months. Section 8, Tenporary 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 project an,' when it is expected that the services or such persons will be no loner ne- cessary at the close o ' the season or upon conpletion o' such special � job or project for which they have been appointers. Tenporary appoint- ments nay also be made to rill vacancies resulting; iron regular en- ployccs on authorized leave of absence, 25 1 eat Such appointments shall be made frori the appropriate lists in- so'ar as practicable and shall he for a specific period. The accep- tance of such appointnent by an eliPiblc shall not a? 'ect his stand_ r ing on the list for permanent appointrient, Section 9 (t�escrved) f i Section 10, :er^enc. appointment: Emergency appointments na ' t be nadc by the City 11anager in case of riot, confla;rations or other 1 emergency B y which threatens life, property or the general welfare or the city. Such appointments shall continue only during the period of such cm ergenev and shall not continue lonecr than thirty callcndar days. i Section 11, Reinstatement: Any regular employee who has resigned in I oo? standin ' may, within two years from the effective date o :' his re- si ,nation, at his written request and with the approral of the City I:anager and the Personnel Director, be reinstatcri to a vacancy in the sane class o" position held. at the time of his resignation, pro-ided there are no regular ces ha«employ who e been laid off and whose names appear on the re-employnent list for the class. Such reinstated em- ployees shall be treated as a new entrant, ection_ 12, Transfer:• A position may be filled by transferring an enployoc fro7- another position or tree snn" ul<ass or similar class with essentially the sane basic quali'ications excepting that in no case shall an enployec be trans"crrco to a class ha vine a hi;her naxinu*1 salary than the class rror, which the transfer is name. Transfers must be approved by the department hears ace ected, the Personnel Director j and insofar as practicable the employee concerned anr' shall be exe- cutce on the prescribed four, p j i 26 J i I ' Section 13, D---�mo__,•tion: A. A position may be filled by the demotion of a regular en- p' j ployee in accordance with the procedure for devotion as _ i lined in Section out- lined of Rule XII, j B. An ennloy gee nay also be denoted upon his own initiative with f the approval of the Personnel Director and denartnent head concerned and shall receive status in the new class, if he i has status in present class, I Section 14, Probationary period : The probationary period shall be i 1 regarder? as j an intAmral Part of the examination process an shall be Utilizer' for closely observingthe employee 's work, for securing the most effective adjustment of the new c. mployee to his position, and j • for rejecting any emnlo Yee Y whose performance does not meet the rc_quircd work standards. Ell appointments shall be Probationary and subject of a probat- ionary period. of one year after appointment extent those positions filled through promotion. Probationary period shall then be six months. The Personnel Director � Y na, grant status to fron re persons appointed enpiny-Icnt list or through transfer without a probationary period, i The department head shall make such periodic reports curing an employce ,s probationary period as the Personnel Director may require and shall notify the Personnel Director at least ten calanAar day,Prior to completion of the Probationary period whether the services of the employee have been satisfactory and whether he will continue the the employee in his position. Such notice shall be on the pre- scribed form and a copy shall be during the probationar 31ven to the employee. At any time Y period, t.,.e City Manager nay remove an en- f 1 ployee 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 j the employee to the eligible list should such action appear to be in the best interest nP the city. If an employee promoted to a higher class as c. r : nt:..i n.npointmcnt from a promotional list is found un- suited for the wo-rk of the class during the probationary period he shall be reinstated to a vacant position in the class from which he was promoted , If „ vacancy exists, the name of such employee shall be placed on the aporopri:,te re-employnent list, i r Sections Medical examinations: Applicants for positions in the city service may be required to undergo a nedical examination to de- i terriine physical and mental fitness to perform work in the position i to which appointment is to be made, j All employees of the city during their period of enploymcnt may i be required by their department head with the approval of the Person- nel Director to undergo periodic medical examinations to determine their physical and mental fitness to perforn the work of the position in which they are employed. Such y periodic nerlical examinations shall abe at no expense to the employee, Determination of physical or mental fitness will be by a physi- cian or physicians d.esi-nated by the Personnel Director. When an employee of the city is reported by the examining phy- sician to be physical-.y nr nentall,y unfit to perforn. work in the po- sition which he is enployed , such -:`:ployec iiay, within five days from i the date of his notification of such determination by the examining physician, indicate in Writin; to t,ie personnel Director his intention to subnit the question of his pl- ^1 or mcanta1 unfitness to a phy- 4 !I I � sician of his own choice. In the event there is a difference of opinion b:;tween the examining physician and the physician chosen by [ l° the employe !, eri a physician shall be mutually designated by the E: t examining physic; ~, and the: physician chosen by the employee whose decision shall b;. ; -na1 and binning as to the physical or mental fitness of the er_­ o,yoe to perform the work of the position in which I 1 he is er1ployed.. Applicants ant. 1i3ibles determiner' to be physically or non- tally unfit for sc:r—icc shall not be considerer' for arn)nintment. An employee Finally determined to be physically or inentally unfit to e continue in the position in which he is employer' nay be dcmnted in { accordance with these rules or separates' from the city service, ` I Section 16. [ippro?)rate list: The Personnel Director may certify to a vac^nc,y applicants from eligible lists of classes other than the ;r class of vacancy, if, in his ,judgment, the lists are appropriate clue to similar qualifications and/or examination and a higher classi- fication than the class of vacancy, and there is an insufficient list Q for the speci°ic class vacancy, I i i I i i i J L� RULE XI - =ENERAL PERSONNEL POLICIES AND PROVISIONS Section 1. Hrn r. of work: (See current Pay Plan) The City Manager shall estab" uss of work, w:r'. .'1 insofar as practicable shall be uniform with'-'. c:-,cupation^1 r, . ,)S, which shall be determined in er accordance with t. necr's of and which shn11 take into Iaccount the ronsr, Llc needs n 1^ 1 blic who may be required to do business with t =sinus city r'. ,, r tments. Eroplcyces who work over stipulated hours %,,never nec ; -;.t.7 dcnanr?s ae..,litional service of an occasional nnturr� shall be c —r'rn•sater' at the overtime rate or given cnn.pensatory till e off i:, a.1,,rd.ance with Section 2-2 �' , 9. 7 of the i Pay Plan, Enploye:;l- -,hn.11 be pair' for legal holidays and. those caller, to work, F tho,^,e of the Pnlicc and 'ire Departments, shall ^.lso be npid for the time worked. at the regular rate or as I provided in Section 3 of this rule. Hourly rate employees must I work their regular work days in�ediately before and after the holi- day in order to receive pay for the holiday. Pert-tine employees shall not be entitled to holidays with nay. Section 2, Leai h'lidays: Legn.1 holidays to be obser.rcd by the cityrs employees unless such employees are required to be on rcgu- I lar duty arn: FOw Years D%, Memorial Da Inge Y, penrence Da} , Labor � Day, Thanksivin; Day and Ch-'i.�tias D^y, and such other nays as may be desimnated frn;, t"r.jc. t , -' -rrinission, When a holVay falls on <. r _ the f '�Ilowing 'onray shall be declared Section -- r.c cote of adoption of this orr'in-- e^r,',Z rc a r c all time City of Dania on- player s11e11 r,r, e;i itleri tr, '.cave in accordance with the following schr.eu'-e: I JU j LENGTH 0f REGULAR 7ULL TIP4E EMPLOEKENT VACATION LElVE More than 6 months but less than 1 year 1 week Mire than 1 year but less than 5 ,years 2 weeks !z More than 5 years but less than 20 years 3 weeks I•'iorc than 20 years 4 !weeks l 'onbers of the Polico Department and Fire Department and such other cnployens required to be on regular duty on legal holidays i shall receive additional compensation or such holiday work or shall be cred.itcr? with additional vacation leave at the rate of one addi- j tional vacation day for each holiday worked . 7 1 In conputin vacation leave earned only those months shall be counter' during which an employee has worked, three quarters or more of his regular work days. f i Vacation leave nay be taken as earned subject to the approval i of the d.enartnent head who shall schedule vacations so as to meet 1 the operating requirements of the department ; provided , that vaca- tion leave shall not be grnnte? to rn,,)loyees with less than six i ""' nonths of continuous sorvicc. i }:nployecs nay accrue vacation leave to a naximu—j of the leave earned. in two calandar years. In the event an cnployee has been unPble to take advantage of vacation leave as earned., with the ro- sult that said employee has accumulated the maximum, he may absent himself from work, after givW7 his supervisor 3 days notice , in ord.cr to prevent the loss of vacation leave beyond the maximum. Pro7isionnl and temporary employees shall be entitled to the i sane va^-nt? ,—i leave a7.lc:: . wP+? cgulrr employees are enti- tled in accni.,Os,11cc TTith � this section. Part ti:I.c employees shall not be .n titl& to vacation leave, 31 f Re u_ .1•g e nployecs and the aforosair' prorn•isinnal tcrpbre.ry enployees who ha-,re completed. J one or Wore years o° ser,rice shall; { upon leavin, the cityis ser*ricein goo stern in ; v<.cation leave a , be ccnpensate•d. Por ccrued to the date of sennra.tinn, 4 Section 1 Sick leave with na 4 i Sick loave with pay shall be gran- ted to rcrrularlY eriplo ed full ull time enployees at the rate of one_ "� l h^lf workin, d F j ay for each completed. month ol^ ' service up to fi•rc Yetars service, One day per month shall be granted to enployees i with fire years of service leted can � P naxinuri d<aYS, There shall be no rcT �ressive cnnp accuriulation of 45 utation of sick len.vc, Sick leave pay gIll normally be P i8 at the sane rs.te as a regular work day pay, except in those instances where other city excluding Social security, i Y benefits, r1aY sunplenent. In these instances the City ilanager will determine a uniform "ormula !or sick leave pay _ `mount and use to >>reclurle payments in excess n(' his regular pa Sick leave shall not be considered a, Y S ,a right which an employ_ ee nay use at his discretion, but rather as a privilege which shall j be ollowee only in case or personal sickness or disability, legal j quarantine because of exposure to conta;ious 0i3e case or illness se, or in the with the in7ediate family. No pore than five work- +• ` ing days in any calendar year may be taken as sick leave because er' illness within the imr.1ceiate C•azily r In ord.cr to be i�granted sick lcay., with pay an cnnlnyee must r.rcet the following conditions: 1. Notify 11is irYr d.ie iate supervisor not later than two hours after the beginn9.11- n; the r,,,eriuJ.ed wnrkda or a, J of the reason nr,% or cr.t'z lesser limits if rrquired by the depart- iMont .oa, B. P`:rl,it such ned.ico.l cxar u r.ntion, nursing 32 visit or inquiry J 1� , 1 i . which the city deers desirable, C. 'ile a written request for such sick leave on the form i and in the manner to be Prescribed and in the event that the absence is for more than three working clays submit, if requested by the department head, a medical certi.fi- f, a catc signed. by .a physician stating the kind and nature of i his sickness or injury, that the employee has been in- capacitated. for work for the period of absence, and. that I p he is again physically able: to perforri his duties, ` j D-IPIOyces --(,riling; a prob,tionary .periorlon an ori::;inal appoint- ment shall accrue sick 1^s e in accorrancc with the I � , provisions of ` _ this section; prnvid.ecl that no sick lca ;e with nay shall be -ranted w such e:ipin ee e Y until co;:'pletion of ono year of service. T mpor^ry anrl part-time eriployees shall not be entitled i to sick leave privi- leges. I In cnnnuting sick leave accrued. only those months shall be counted. rlurin7 which an e enplo ee has t1rorkert three Y quarters or more n° his regular work d:oys. I I In cnnputinr sick leave taken unifoned mer-bcrs of the :ire Department shall be chard l er two clays sick leave for each shift not worked because o' illness. All other enployccs shall be charger one ?ay sick lcavc "or each day not worked. because of illnoss, Claiming sick leave when physically fit shall be cruse °'nr i schax•,-;e, j section 5 Leave with Daly: Leave with Lr,.l, be a Pa,Y uthorizcd. in 1� order that regular erm lny,pc,e clay ser-o required Jury duty, t prepi- tod. that such leave i;, re�)orted in ad.van,,c to the Personnel Dircc- or, In nrdc to receive pay far such leave the employee rust cre- posit the rioney which he rceoived 'n7• ,jury duty with the City 3' � iI � Treasurer, Leave with pay not to exceed three working days in any calen- rlar ;rear May also be authnrized in case of death within the inned- into facily. Section 6, Leave without a : A regular e1,Plo leave of yee nay be _granted absence without Pay for a period not to excce ?i'or sickness, to c one year y or other g°oc and sufficient reasons which arc considered. to be in the best interests o` the city.Shall require the prior appm.ral o" the r'e �nrtr. such lea r isonnrl Director and 1 ent hear?, the Pcr- the Citr I4anager. 1 department head, with ' the approval of the Personnel Dire I I etor, clay grant a re;ular ert- ' ploye,= leave without pay for a ° i period not in excess of fifteen calendar days in any one calenr'ar year, I Leave of absence nay be granted to a rogular employer: with- out limitation as to time to enab] him to take an a»pointive possition in the city service, i Except under unusual circw_?stnnccs, voluntary separation .fro.,;,JP the city service in order to acccp t erlPlOYriont I rice shall be co not in the city scr- ` nsieorod as insufficient re I re q Ue a reason for appro a st for leave of absence without Ica"rc of absence without pay. If for any of pay is other reason, liven, such leave of absence nay subsequently be withdrawn and the , * , l�loyeo recallr�dto service, till c �uloyces nn leave of abscnc� without na placable nrov b are subject to ap- isions or these rules. Section q Pro -----------__.,�hi bi tinns Nn person sh•^,ll be o ! pi?o9.n+erl or Prnnoter? to, or der?nted. or disilissed from £ny position in the classificr� or in any a, servicr, way favored. or discriminated against with re- spect to enployrtent in the. classifier? service because of j 34 I f FT. 11 his political or rclj;ious opinions or af "iliations or his race, `1 B. lao person shall seek or atteilpt to use a � rtr political en- II-r,-ericnt in connection with any ^>>>>ointnent to a Position in the classified service, C. YO parson shall use oY PrO.n ise to use, riirectly or in- "irectly any official authority or in'luence, whether _possessed or anticipated, to secure or a tt opt to secure 'or any Person an aPoointnent to a position in the classi- { ( ier, scr.'ice, Or an increase in or other advanta;e in e plOynent in any such position, -or the ur oscof P P influcnc- inC the vote or political actirnl Oi any person, or for ony consirleration, ' D, P'o enployce in the classifiers ] service and no ttcnbor of the Civil Service Board shall, diroctly or indirectly, ;gay j i or pr"rsisc to pay any ,0,,,scssncnt, subscription or contri- bution for any political or-anizo.tion or pur,)ose, or so- licit or take r)art i.1 volieitin any such asscssrient sub- ;_�C' scription Or contribution of an ] Y e-�nlo Tee in the. classi_ ied f service, I I PTO 0?7P1Oyce in the classifier' service shall be a .7 c .box of any national, state or local con .ittee of' a political party, or an officer or nonber or ,a r corjr Iittcc o: p^rti- san political club, or a canrliCatc for nonination or 013c tion to any public Of"ice, or shall take part rt in the rlanaxcncnt of aff^irs n" any political party or in any Political canpai ;n, except to ex rcisc his right es o• citizen privately to express his Opinion anr' to case his vote, 35 , I person elected to public office shall, P the tern for which he was clecteri , be appointed to any positi»n• in the classified service, G, No persnn. shall make any Lalse staterient, certificate, riark, rating or report with regard to any test, certlfl- cation or apnointnent made under any prol-lsion of the l Charter and. these rules, or in any manner commit or e.t- i{ teript to corr:it any fraud preventing the impartial cxecu- j tinn of the pro,risions of the charter and these rules. 7 H. Yo person shall, directly or indirectly, ivc, render, pt•9 offer, solicit or accent any money, serricc or other al- E uablc consieeration Lor or on account of any o•pPointmcnt, proposer'. appointment, promotion or proposed promotion to, i or any arwanta e in, a position in the classified ser -ice. I . t'o e,iployec, exanincr, or other '?erson shall defeat, ?c- feat, Receive, or obstruct any person in his right to exar ino.tion, cliibility, certification or api�ointment under the charter and these rules, or furnish to any pr:r- ,..� j son any special or secret information for the purpose o'" � affectin , the rights or prospects of any person with re- I snect to or ,ployrient in the classifier' scr rice. f i J. Any officer or eriPlnyee who violo.tcs an`r of the pro sions or this section shall "nr"cit his o"ficc or nosi- j f tion, 3ectinn 3 �i»1oyoc rights n` pineal: Any regular employee, who rierote?. or who claims that tho rules arc is discharged, dismissed., improperly applied or r.iisinterprctcr' to his r'ctriment as e. rt^•ttcr o" law -.ixy ap»eal to the Ci,ril Service Board within 10 days n,"ter such action is taken. Upon such ^.ppcal, the r•enartrlent hcac'., the 36 I i apncalin; employcc with counsel i' desired., a.nd the Ci.ty Eanager shall have the ri;;ht to be heard ant' to present evidence, !it the i• hearinm oC such appeal, technical rules of evidence shall not ap- ply. The Civil service Bard, oath meriber of the board, and the �- Personnel Director in his capacity r+s the secretary of the bo^rri shall have powor to acli-sinister oaths, subpoena witnesses, and con- pel the Proriuction of books and papers pertinent to the appeal, The Civil Service Bnarr? shall riakc the final decision r?isnosing of the appeal. If the Civil Scrricc Bard finds that the action co- plainc? of was taken for any political, religious or racial reason or as a result of nis-interpretation of law or of these rules, or 1 i other insufficient reason, the erployee shell he reinstates' to his i 'Position without loss of pay. When any regular enployce is r'.is- Hisser'. and not orderer' reinsta.tco after appeal by the board , the ' i jboars'. riay direct his nano be placed on an appropriate re-r.•nployrient list which direction shall be enforcer. by the secretary. I Ln appeal to the Civil Ser ice B,,arr31. r1ay also be taken by a regular employee who is suspcnde6. or lairs. off, or whose payroll ouchor the Personnel Director refuses to ecrtjPy, ant' who claims thct the suspension or lay-ofr or refusal to certify payroll ou- cher was na.c'e for insui:ficient reasons. If the Civil Service Boar. tinr'.s that the employee was susnen0cd or lain off or that the Per- i I Ionncl Director refuse-' to ccrtify his payroll •ouchcr for insuf- Cicient reason, he shall be reinstated without loss of pay, � i � • "Pneal proccd.urc - Any regular onploycc wishing to take an appc^.1 to the Civil Service Board under the: pro isions 9 � of this section shall submit such appr.al in writinm to tho personnel Director who shall be res :onsiblr: for e.r- rn ring the ho^.rinc, Such appeal will state wh^.t action S 37 S ) i I is being appealed and the general reasons therefor, B. Time Jactors - any regular employee submitting an appeal shall be granted a hearing by the Citril Service Board. at the earliest practicable date; and in all events, within G; thirty days after the filin; of the appeal. The hearing. bofore the board , if possible, shall be limiter? to one The board shall transmit its findings to the City j I•iana.-cr within three dp,y s of the completion of the hear- . i ing, S-ction 9, Presentation of ennloyee grievances: f Policy: It shall be the policy of the City of D-nie. to pro-ride a procedure for the presentation and mutual ad-justment of points of disagreenent which arise between j i employees and their supervisors, and to assure enployees that their problems and. cmiplalnts will be considered fairly, rapidly and without reprisal, B. Purpose: The urinary purpose of this grievance procedure is to determine *rrh^-t is right rather than who is right, 7rec discussion between employees and supervisor will lcc.d. to better understand.irv, by both of practices, policies and procedures which affect enployecs. This will serve to identify and. hell) eliminate conditions which may curie misunderstandings and. -;rievances, I, This purpose is defeated if a. spirit of conflict enters into the consideration of e. grievance. Supervisors and enployecs ali'tc rust recognize the true purpose of the grievance procedure if it is to be of value in pro:,oting tho well-being of the organization, C. Definition of a -rievance: A grievance is a co--plaint, a 38 ow or an opinion pertainln, to cr.ploynen ditions, to relationships between an employee and his supervisor, or to relationship with other employees. Er2ployees should. 1, first discuss any problem or complaint which is in the, nature of a ^Irievance either with their iri:tediatc super- visor or with the Personnel Director. In many cases, the Personnel Director, with the employees consent, will be i, able to work out a satisfactory solution or to arivise the JI criployce re-ardin.^., further presentation of his :ricv'.ncc. I Whether or not the employee takes his problem first to y the Personnel Director, the following procedure will be adopted for the presentation of 011 :rievances not resol- ved by the Personnel Director. 1 - D. Procedure for presentation of ^:rievances: { 1. Discuss with supervisor: The employee shall first take s his grievance to his irined.iate supervisor who ^hall 1 make a decision and r.dvisc the employee within three I workin:: days. It is not necessary or desirable that the grievance be presenter? in writin to the supervisor. � i461�. Supervisors are en.coura*,ed. to consult with their dig*i- f i sion head.s, department hecOs, the Personnel Director, or j any other indlvid.uel who may be qualified to offer assis- tance or information which will aid the supervisor to I reach a mutually equitable decision. 2. Appeal to department head : If the grievance is not resolved, by the irmcdiate supervisor to the satisf<^ction of the employee, or if a decision is not made by hin with- in three working days, the nature of the grieirmce and. the desired solution nay be subnitted in writir.- by the cri- 39 nloyee to his department heart. A duplicate copy should be sent by the employee to the Personnel Director who shall review the ,PricvP.nce and innedintely notify the employee o.nd his department head whether the Zrievance is s b,ject to established jordinances, administrative regulations or these rules. 1 Upon receipt of notice from the Personnel Director that the ;riovnnce is not subject to establisher' ordi- j nancos, regulations or rules, the departnent hear' shall then have the responsibility for settling the -rievnn- ce and. shall inform the enployee in writing of his cle- cision within five working: days. i 1 3rievances which are subject to charter, ordinance, i I adninistrative regulation or these rules shall be hand- led as provided. therein. 3. Appeal to the City Iianar7er: If the disposition of the grievance by the departrient heaP.. is not satisf-ctnry to the enployee or if a decision is not made within 5 I t warkin,- d^ys, the employee may, in writing, request his i r'.eoartncnt hears to refer his grievance to the City i Tanager. All such request will be forwarded to the City i;ana ,;er by the ciepartnent head without del.ny. I This request must be filed by the employee within 5 working days after receipt of the departnent heart 's jdecision and, in any case, not later than 10 working Icyys after he sent the original request to the depart- nent heo.ra . A cony of his request for review by the 1 City i:a.nager shall be sent by the enployee to the Per- sonnel Director. I 40 I The City Managcr, upon being notified by the de- t partnent head of an appeal n-..y affirm, deny, or rrodif,y E the decision of the d.epartnent hear' , or he nay refer the appeal to the Personnel Direct T for submission to ;. a (?ricvance committee. In the event the r1epar•tnent head has reached no recision within the allotted 5 workinn drays, the City I:anager nay d ocid.e the case him- self or refer the natter to the Personnel Director for subnission to a grievance coMittee. The City Pf•^nagor will act upon an appeal within 10 working days. I6. Appointment of a 4rievance comnittee: 4dhen the Person-nel Director is so notified. by the City Nann-or, he shall rssenble a grievance comittee within 10 rl�%ys following receipt of such notice. A grievance corriit- i tee shall be cn ?nosed of three nembers. One nenber shall be the employee or his representative, one ;tern= ber shall be the d.epartnent head or his r nrescntativc, i r .af and a thirr'. member, who shall serve as chairman, shall be selected. and mutually a;reed upon by the first two . If an a;reement cannot be reached, the Personnel Dir- ector shall appoint the third nenber. The chairman of the grievance comnittec shall sche- Jule a hearing to be hclr'. within 15 days, at a suitable C i tine and place, ancl shall so notify his core,A ttec nc,­ 1 bers, the eripinyce, the department hear'., and the Por- i i sonnel Director. 5. Decisions of grievance comittce: Within 10 d.ays fol- lowing the conclusion of the hearin;, the grievance j I co!"'ittec shall suPnly the City I4anager with four copies I 41-ALAI-` I i I of its report and recommendation, as approved by d majority of the committee. Upon receipt of the conii- E . ttee 's report and recoruiend.ations, the City iranager shall put in writing the course of action he intends to follow and. shall forward one copy of his decision h` any' one copy of the committee ' s report and recon-en(la- tions to the department head.; one copy of each to the a j en*)loyee; and. one copy of each to the Personnel Direc- tor. The fourth copy shall be retained. by the City 1' Ifanager, the decision of the City i',ana,,;er, followinS consideration of the report and. recommendations of the t � grievance cors-tittee, >h)11 be final and the employee shall have no further right of administrative appeal. 3. *Appeal to the Civil Service Board: The Charter and. these i i rules ,rant to regular employees the right to have re- viewed by the Civil Service Board action leading to the removal, suspension, or reduction in rank of the cr^.ployoe, f i i It is not intended that the grievance procedure herein set out conflict with, supersede, or in any way ,jeopar- dize this right. Rather, it is expected that this pro- j ecd.ure will apply to prevent problems, coriplaints or i disputes from beconinT so serious as to necessitate a '?ersonnel action subject to Civil Service Boarcl review. i Section 10. Employee performance rating: Eriployee performance rating reports relative to the conduct, capacity and performance of all regular employees shall be made by c.epartment heads as least on e each .year on the Porn and. in the manner prescribed by the Per- ' sonnel Director. Such ratings may be considered in determining within-ran;e 42 way<:. ...,..• .� :. _ . salary increases, as a factor in pronotional examinations, as fac kp - r�_ for in determining the order of lay-off in the case of a red.uction in force, and as a factor in any other personnel transactions t wherc it is not contrary to the City Charter or these rules. i . i f I I k I I I i I i i I i I I 42-L RULE XII - SEPARATION AND DISCIPLINARY ACTION Section 1, Resignation: Any employee wishing to leave the city service in ,>oo.?. standin�_, is c shall file with his department head, at least two weeks before leavin-* a written resignation stating the 1 date the resignation shall become effective and the reason for leavinm. Failure to comply with this procer_ure may be consideree cause for denying such employee future e:tploynent by the city. Un- i authorized absence fron work fora perior?, of three workin mays may be considered by the department hear? as a resignation, Depart- mend heads shall forward. all notices of resin*nation to the Person- nel Director immediately upon receipt. Section_ 2. Layoff: An appointing authority nay lay off any en- 1 ployee in the classified service whenever such action is made nc- ecssar.y by reason of shorta :c of work or fun0s, the abolition of position or because of changes ,j ges in or ',anization• however, no re- ;ular employee shall be laie off while there are temporary, provi- sional or probationaryert. lo P yetis servin;; in the same class of post_ tion for which the regular employee is eli;ible and available, whenever the layoff of one or more employees shall becone ne- cessary the appointin:: authority shall notify the Personnel Dirce- F tor, 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 namo s of the employees to be laie. j Off in .the order in which such layoff shall be effected. Such layoff shall be made within classifications (other than uniform police and fire classes) of positions and. departments when probntiona.ry and regular employees are involved, ^enporary and provisional employees, irrespective of department, shall be inid Off, in that order, prior to layoff of probationary or regular \ 43 I 1 employees, The order of layoff shall be in reverse order of total con- tinuous time served upon the date established. for the layoff to be- come effective; prnvided. that, in the case of nrobationary and rc- j ulcer employees, at such time that a service ratan , plan is rstab- lished the orror of layof, shall be determined on the basis of ef- ficiency anr' seniority. The Personnel Director shall prescribe i j the method. for computin6 efficiency and seniority and shall pre- scribe the relative wei ;hting of each, i .ny interruption of enpinyment not in excess of fifteen cal- endar days because of adverse weather conr'itions, shorta;e of rice- 1 . A 1 terials or equinnent, or for other unexnected or unusual rer.sons shall not be consirerer� a i ' layoff, For reductions in force effectin police anr' fire uniforried. 1 classes the fore ;oin� procedure shall appl,Y with the excolDtion that Senior classes will displace Junior classes, Exariple would be: if a Police Captain's position is to be abolished, the incumbent (in seniority and. rierit) would. displace a Police Lieutenant who would displace a Police Sergeant who woule, di.spince a Police Officer, who would displace any Probationary or provisional or temporary or be separated as the case may require, I Section 9 Suspension: The City Iiana :er may, for disciplinary pur- poses, suspend a ror�ular employee without pay fnr such length of tine as the CityMa a n „er cnnsirers appropriate but not to exceed. I sixty d:zys in any ,r twel e month period. written statement of the re^son for suspension shall be subriitted. to the Personnel Director and to the on aiiccterj in each case, such statement to be subrii.tterl within 24 hours of the time the suspension becomes effcc- i jti• c exclud ink •Saturd,,7tys, Sundays, or i�­encral holidays as pro7ided 44 i c I f. by the rules or by City Con-'ission authorization, 4 regular cm,)loyee nay, with the apnroval of the Personnel Director, be suspended without pay for lor. cer period nendin,g; the investication or trial of any charges against him. Such employee f r'eterriinerl to be innocent of the changes e ,ainst him may be rc- t k:. turner! to duty with full pay Por the period o: suspension, i Section Lb, Dismissal: Any employee nay be dismissed by the City i +:ana-ter for cause. With retard to regulcr employees no disnissal shall tr.ke effect until at least ten days fron the date a written statement of the reasons therefor is submitted to the Personnel I Director and to the employee affected. S Although "ismissals nay be I based on other causes,any one or I pore of the followin . shall be sufficient: �...� i I � :.. Incompetency or inofticiency in the r performance of rlutins, criminal a B. Conviction of i � ofense or ol� a misrl.eneannr in- i �nlvin ; moral turpitur'e. C, ''dillful aiolation of any of the provisions of the Charter i or these rules, I D. "lillful violation of any lawful and reasonable regul^tion, order or rlirection narle or oven by a superior officer I where such •,riolation has ariountee to insubordination or serious breach of Droner discipline or has resulter, in loss or injury to the public, D. Public intoxication, or drinking intoxicatin liquor while on euty, or being addicted to the use of narcotics. Wantonly offensive conr'.uct or lan ;ua;e toward, the public or fellow officers or employees, or. abusive Dublic criti- cizm of his superiors or public officials without first taking up such corrnlaint thrnu„h proper channels j 45-B c Carelessness or or negligence in the use of the property of the City. H. 'nilure to pay or ;lake reasonable provision for the fut- ure payment of ,just debts, I. Gttenptin ; to induce any officer or employee of the City to cor-tnit an act in violation of any lawful or reasonable ii �t regulation, J. Conduct, either while on or off duty, which reflects dis- credit upon the City, K. Hindering; the regular operation of the department or H1- v vision because of excessive absenteeism. Y i L. Incapacity for the proper performances of duties because t I of a permanent or chronic "hysical or mental ailment or defect, i L. Being absent without leave or failing to report after leave of absence has expired, !.. Failure to notify the department head and Personnel Dir- ector within one working; day, of suspension or revocation t I+ of valid operator or chauffer license (applies only to en- E plo ees whose Y fob requires valid operator or chauffer license. ) Section 5. 'Toriotion for inability to perform duties: The City Manager may, when he has deterninod a regular employee is unable to successfully perform the duties of his position, denote the re- ;ular 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 I and to the Personnel Director, such statenont to be submitted under 46 j'. the sane Provisions of Section 3 of this rule. I RULE XIII - AMENDMENT Oc PERSONNEL RULES ' Section 1. !nendnents: [ iendricnts or revisions to the rules nay be rceorviended for aclootion by the Personnel Director, the City t" { ISena_ er the Civil Service Board or by the City Comnission of its 1 I own 110tion. Such anendnents or revisions to the rules nay be re- 1 j corn end.ed for ado.0tion by the Personnel Director, the City i;ana;er, j the Civil Service Board or by the City CO -fission of its own notion. Such anenc!ients or rovisions of the rules shall become effective after public hearings before the Civil Service Board and 1 approved by resolution of the City Cnn,:jission. i 1 I j ! i I � I j i 47 j a RULE XIv - 3"'vI r' CL.,U" I If any section or part of e, section of these rules is U held by any court to be invalio. or unconstitutional, the same sho.11 not invali- ante or i i,)air the valid.Ity, force and effect of an k or pa Y other section rt of a section of those rules unless it clearly a+.)nears that i { such other section or part of n, section is wholly or necessarily ( de?ondent for its operation on a up section or i part of a section so hel6 invalira_ or unconstitutional,. j I � i i` i i tti f I i i i I 4 t i i I I I i I i I I, 48