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HomeMy WebLinkAboutO-1977-137 f i i ORDINANCE NO. 137 AN ORDINANCE OF THE CITY OF DANIA AMENDING THE CIVIL SERVICE RULES SETTING FORTH THE PRINCIPLES AND PROCEDURES THAT ARE TO BE FOLLOWED BY THE CITY OF DANIA IN ITS PER- SONNEL PROGRAM; PROVIDING FOR EXCEPTIONS TO THE PERSONNEL COVERED BY CIVIL SERVICE; PROVIDING FOR A CIVIL SERVICE BOARD; PRO- VIDING FOR A CLASSIFICATION AND COMPENSATION PLAN; PROVIDING FOR AN APPOINTMENT SYSTEM; PROVIDING FOR A SEPARATION AND DISCIPLINARY ACTION; PROVIDING FOR A GRIEVANCE PROCEDURE.; PROVIDING FOR AN APPEAL PROCEDURE. WHEREAS , the Civil Service Board has recommended numerous changes in the existing Civil Service Rules and regulations , and ; WHEREAS , such amendments would best be included by reen- actment in its entirety, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF I j DANIA, FLORIDA: I Section 1. That the Code of Ordinances of the City of Dania are hereby amended by adding thereto a Chapter to be known I as the "Civil Service Rules" attached hereto as Attachment "A". Section 2 . That all ordinances or parts of ordinances f and all resolutions or parts of resolutions in conflict herewith be and the same are hereby repealed to the extent of such conflict . Section 3 . That this ordinance shall be in force and i a take effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on the 22 day of -i t February , 1977. PASSED and ADOPTED on Second and Final Reading on the t 7 day of March 1977. I Mayor-Commissioner ATTEST : c] tor2nIii FlIrD CORRECiIVENESS 'kA 0 City Attorney Clty of Dania, Fla. r j TABLE OF CONTENTS RULE 1 GENERAL PROVISIONS PAGE Section 1. Purpose Of These Rules Section 2, Positions Covered B 1 Y These Rules Section 3, 1 Approval of Rules 1 I RULE 2 DEFINITIONS ' Section 1. Allocate Section 2. Certify2 Section 3, 2 Class 2 Section 4, continuous Service Section 5, Demotion 2 Section 6, Eligible 2 Section 7. Eligible List 2 Section 8. Employment List 3 Section 9, Hearing •3 " Section 10, Permanent Position 3 1 Section 11, Position 3 Section 12, Probationary Employee 3 rSection 13. Promotion 3 Section 14. Promotional Examination Section 15, Promotional List 3 I3 Section 16, 3-4 Provisional Employee 4 Section 17. Regular Employee 4 Section 18. Status . Section 19, Temporary Employee 4 4 Section 20, Temporary Position ~ 4 Section 21. Vacancy 4 RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION ` Section 1, The City. Commission (( Section 2. The City Manager 5 5 Section 3. The Personnel Director 5-6-7 Section 4. The Civil Service Board 7-8 RU1,E 4 POSITIONS INCLUDED IN PERSONNEL SYSTEM Section 1. The City Service Section 2. Status of Employee 9 In The City Service 10 I I � a i t/ RULE 5 THE CLASSIFICATION PLAN 11 Section 1. The Purpose Section 2. Composition Of The Classification Plan 11-12 Section 3. Class Title 12 Section 4. Class Specifications 12 Section 5. Maintenance Of The Classification Plan 12-13 14 RULE 6 THE COMPENSATION PLAN RULE 7 APPLICATIONS Announcement of Examinations15 Section 1. Section 2 . Filing of Applications. 15 Section 3 . citizenship 15 Section 4. Residence' 15 Section 5. Minimum Qualifications 16 Section 6. Rejection o� Application 16-17 Section 7. Notice of Rejection Of Application 17 Section 8. Postponement And Cancel- -.. I lation Of Examinations 17 1 Section 9. Veterans Preference 17-18 Section 10. Residents Preference 18 l — � I RULE 8 EXAMINATIONS j Section 1. Recruitment By Examination 18-19 Section 2. Identity Of Examinees Con- cealed ' Section 3. Rating Examinations 20 Section 4. Minimum Grades On Each 20 Section Section 5. Notification of Results 21 20 Section 6. Inspection of Papers Section 7. Promotional Examinations 21 Section 8. Announcement of Promotional Examinations 22 Section 9. Service credit in Promo- tional Examinations 22 Section 10. Unskilled- and Semi-Skilled Laborers, Domestics, � Attendants or Custodial Work 22 Section 11. Non-Assembled Examinations 22-23 RULE 9 ELIGIBLE LISTS Section 1. Establishment of Eligible 23 Lists Section 2 . Duration of. Lists 23-24 1 Section 3. Reemployment Lists 24 Section 4. Removal o£ Names From 24-25 Lists Section 5. Restoration of Names To 25 Eligible Lists s RULE 10 APPOINTMENTS Section 1. Procedure for Filling 25 Vacancies 26 Section 2. Priority of Lists Section 3. Certification From List 26-27 Section 4. Incomplete Certification 27 Section 5. Notice of Certification 27 To The Eligible . Section 6. Waiver of Certification 27-28 Section 7. Provisional Appointment 28 Appointment 28-29 Section 8. Temporary App 29 Section 9. (Reserved} 29 Section 3.0. Emergency Appointment 29 l Section 11. Reinstatement 29_30 ✓ Section 12. Transfer 30 Section 13. Demotion 30-31 ✓' Section 14. Probationary Period 31-32 Section 15. Medical Examinations 32-33 Section 16. Appropriate List i IZRULE 11 GENERAL PLRSONNEL POLICIES AND PROVISIONS Section 1. Hours or, 33 Work 34 Section 2. Legal Holidays Section 3. Vacation Leave 34-3535-36-37 Section 4. Sick Leave With Pay 37-38 Section 5. Leave With Pay 38 Section 6. Leave Without Pay 39-40-41 Section 7. Prohibitions Appeal 41-42-43 Section B. Employee Rights of. Section 9. Presentation of Employee 43-49 Grievances i Section 10. Employee Performance 40 Rating i RULE 12 SEPARATION AND DISCIPLINARY ACTION 49-50 Section 1. Resignation 50-51 Section 2 . Layoff 51-52 Section 3. Suspension 52-53-54 Section 4. Dismissal Section S. Demotion For Inability 54 To Perform Duties PULE 13 AMENDMENT OF PERSONNEL RULES 5 4 Section 1. Amendments 1� I T7 I RULE 14 SAVING CLAUSE 55 r f t I , i I ' I i I i i I I i i i I I 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 r 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, j Assistant City Attorney, Public Works Director, Recreational I i Director, Police Chief, City Clerk, Fire Chief, and any other Department Head designated by the City Commission. Section 3. Ap proval of rules : i i i I i 1 i i i i i 1 ti RULE 2 — DEFINITIONS I 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 certifigation is requested. Section 3. Class shall mean a position or group of positions having similar duties and responsibilities, requiring similar i qualification, which can be properly designated by one -title indicative of the nature of the work and which carry the same i salary range. i I Section 4. Continuous service shall mean employment in the I i classified service which is uninterrupted except for authorized I 1 leave of absence, suspension or sephration due to lay—off; i however, time lost due to leave of absence, suspension or lay— off shall not be included in the determination of length of " i 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. I j i i I 2 J t I i Section 7. Eligible list shall mean an employment list, promotional list, reemployment list or re—instatement list. Section 8. Employment list shall mean a list of persons who have i been found qualified by an entrance examination for appointment i to a position in a particular class. I Section 9 Hearing means a public hearing held after public notice, at which any person may have a reasonable .opportunity to be heard. j Section 10. Permanent position shall mean any position vacant i or filled which is designated as such by the budget or by the j City Manager. Section 11. Position shall mean a group of duties assigned to i 1 ' one person or job. i Section 12. Probationary employee shall mean any employee who is serving his probationary period prior to being regularly i appointed to a permanent position and class in the classified service for a period of 1 year. Sectio^ 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 i I o a position in a particular class. appointment t Section 16 Provisional employee shall mean any employee i filling a position in the classified service without ; •I tablishment of competition pending the es an eligible list. Section 17 Regular employee shall mean an employee who has j ent position in the classified been appointed to a perman service in accordance with the provisions of the rules after j period. They shall also gain completing a probationary I status in that class to which appointed. I Section 18. Status is a condition acquired by an employee in the manner the tuleseset forth, t giving rights, o a class. I Section 19 Temporary employee shall mean an employee holding i a position other than permanent, except as provided in the Rules, which is of a temporary, seasonal, casual or emergency nature. Sect ion 28 Temporary position shall mean all positions that are not designated permanent. tion existing or newly Section 21 vacancy shall mean a p osi I i 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. -4- RULE 3 - ORGANIZATION FOR PERSONNEL ADMINISTRATION Section 1. The City Commission: The City Commissional shall: i A. Approve the personnel rules. B. Approve the pay plan and all amendments thereto. C. Make and confirm appointments to and remove from i positions specified by the City Charter. Section 2. The City Manager: The City Manager shall: j A. Be responsible to the City Commission for the i administration of the personnel system subject to I ! these rules. i B. Appoint or remove all subordinate officers and i employees subject to the provisions of these rules i excepting those to be appointed and removed by the I City Commission. C. Perform such other duties and have and exercise such other powers in personnel administration as may be prescribed by law and these rules. Section 3. The Personnel Director: The City Commission shall appoint, in accordance with the provisions of the City Charter a Personnel Director or administrator who shall also be secretary to the Civil Service Board 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 5 i programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of 4 the city service. C. Prepare and recommend a Classification Plan and i amendments to the Classification Plan so that it I will reflect on a current basis the duties being i performed by each employee in the city service and class to which each position, is allocated. D. Administer the pay plan including the periodic f t review of salary and wage levels in the area .to.,the extent that such levels affect city employment and i the periodic investigation of factors affecting the i i economic level of salaries and to make' recommendations I i for amendments to the pay plan.. E. Provide a system of checking payrolls, so as to determine that all persons in the city service have been properly appointed and are being paid in ac— cordance with these rules. l ' F. Provide for the establishment and maintenance of a 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. i i I i i 6 K i H. Develop and establish in cooperation with the City ' I Manager and the various department heads such f training and educational programs for employees in the city service as conditions warrant. i I. Prepare annual reports regarding the work of the j department. { J. Attend all meetings of the Civil Service Board. K. Perform such other activities with reference to per— sonnel administration not inconsistent with the City i ! Charter or these rules, as may be deemed necessary or -.. desirable to enforce the provisions of these rules, I as the City Manager may direct, or as may be required by ordinance. L. Prepare and recommend such rules or amendments to the i 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: a The Civil Service Board shall consist of five members who i shall be appointed as follows: (a) Two members shall be appointed by the Commission; (b) Two members shall be recommended for appointment by the regular employees of the City of Dania. In connection with such recommendation, the regular i employees shall conduct an election or vote, which i may be informal in nature, to determine the member i 7 9 who shall be recommended for appointment by the i regular employees of the City of Dania; and C i (c) As to the fifth member, the City Commission shall present three names to the regular employees of i the City of Dania. Thereafter, the regular employees shall conduct an election or vote, which' i may be informal in nature, to approve, and recommend for appointment, one of the three names presented i Iby the City Commission. In considering the vote of 1 the regular employees as to such three names; the i person receiving the highest vote need not receive � I a majority vote. All five members, who shall be elected as aforesaid, shall be appointed for a term which shall end at the time newly elected commissioners take office in the next general election of the city. i The members shall be appointed by resolution of the City Commission. Any member may be reappointed to i office. It is the principle function of the board to serve in an appellate and advisory capacity in the ad- ministration of the personnel program. It is the duty i of the Civil Service Board and it shall have the power to: 7-A 1 A. Hear appeals of any regular employee in 'the method i provided in these rules. i B. Represent the public interest in the improvement i of personnel administration in the city service. C. Advise the Commission, the City Manager and I the Personnel Director on problems concerning personnel administration. D. Advise and assist the Personnel Director in fostering the improvementjof personnel standards in the city service. i E. Make any inquiry which it may consider desirable, concerning the administration of personnel in the { city service and to review any personnel action which may appear to be arbitrary, capricious or jillegal, and make recommendations to the personnel adirector with respect thereto. I F. Make annual reports, and such special reports as jit considers desireable, to the Commission and to the City Manager concerning personnel administration in the city service and recommendations for improve- j ment therein. i G. Adopt the Classification Plan and proposed amendments or revisions thereto. I i B i 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: I A. The exempt service shall consist of: r (a) City Commissioners. P (b) The City Manager and/or Acting City Manager. (c) ' Assistant City Managers. S (d) Administrative Assistants to the City Manager. i (e) The City Attorney and Assistant City Attorneys, (f ) Consultants, counsel, architects, auditors, board and committee members and the like rendering tem— I 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. 1 a 9 f Imo. ... ....... _.., _.. .. B. TI« classified service shall comprise all otLier positions now existing or hereafter created not specifically in— eluded in the exempt service. Section 2. Status of employees in the city service: All persons, excepting part time or temporary employees, holding positions in j 4 i the classified service on the effective date of these rules, and whose positions normally involve continuous year round full time 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 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, City Prosecuter, Public I Works Director, Recreational Director, Police Chief, City Clerk, ! Fire Chief, and all other Department Heads. 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 and who have not served continuously for 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 satisfactory 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 E i considered as temporary employees . 10 RULE 5 — THE CLASSIFICATION PLAN I Section 1 The purpose: The classification plan provides a f ositions in the city service and complete inventory of all p pecifications for each class of accurate descriptions and s employment. The plan standardizes titles, each of which is indicative of a definite range of duties and responsibilities t and has the same meaning throughout the city service. i Section 2. ComP osition 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 i 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 knowledges, abilities and skills necessary for e work, and a statement of experience performance of th 1 and training desirable for recruitment into the class. 11 f D. An allocation list showing the class title of, each position in the city service, as identified by the name of the employee holding that position. 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 ip the organization, or administrative rank may continue to be used for such purposes. ` Section 4. Class specifications : Specifications are to be t 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 em— ployee in the city service and the class to which each position is allocated. i i 12 The k,,:sonnel Director shall Periodically revie. yhe classifi- cation of positions and upon the basis of his or her investigation, he shall recommend to the Civil Service Board appropriate and i he or s Classification Plan in the form of new necessary amendments to the { nd the abolition of classes classes, revisions of existing classes a lan: Such recommended amendments shall no longer required in the p and commission, the thir- be effective when approved by the board, t ended to the board providing that prior tieth day after being recomm thereto the board shall not have disapp roved them. Allocations and re-allocations within the approved Classification` i Plan shall be made as follows: A. The Personnel Director shall study the. duties and respon- tion as it is created and on the basis sibilities of each new posi 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 of the taking. away or modification of existing assignments shall 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, by giving them ten days written notice and with consent of the City Manager and app royal of the Civil Service Board, place such position in its appropriate class. f 13 1 r i RULE 6 — THE COMPENSATION PLAN E t i i E (See current Pay Plan) f i i l I k f .ti I i i 1 I i i i w i i I 14 i • �I I Y RULE 7 - APPLICATIONS Section 1. Announcement of examinations: Public ngtice of en- s trance examinations shall be given at least two weeks in advance i of the examination by publication in at least one daily newspaper of general circulation in the city, by posting an examination an- nouncement 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 i t form prescribed by the Personnel Director within the time.,limit I fixed in the examination announcement. Defective applications may be returned to the applicant with a notice to amend the same, i 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. Section a_ 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 actually reside during their period of employment in Broward Count q y p y y. This requirement may be waived in special cases b approval of the City Commission and/or City Manager. Employees in the class "Police Cadet" are exempt from this residence require- ment. I 15 C "1 ( ) Section 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. 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 i specified in the examination announcement or was -not filed on the prescribed form. i B. That the applicant lacks any of the required qualifica— tions set forth in the examination announcement. C. That the applicant is physically unfit to perform effec— tively the duties of the position in which he seeks em— ployment. D. That the applicant is addicted to the habitual 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 ma— terial fact, or practiced or attempted to practice any fraud or deception in his application or test, or in attempting to secure appointment, or, if appointed, may cancel the certification and in effect cancel the appoint— ment. 16 F. That the applicant- was previously in the city service and was removed for cause or resigned' not 'in good standing. I 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 em— ployers not consistent with the standards expected of • t a city employee. Section 7. Notice of resection 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 j Personnel Director. Section B. 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. "Veteran" defined. A veteran is any person who has served in the United States Army, Air Force, Navy, Marine Corps, or Revenue Marine Service (Coast Guard) , or in the Army or Navy Nurse Corps, in time of war, or who served under the provisions of the Selective Service Act of September 16, 1940, and who has received an j honorable discharge or a certificate of honorable active i service. For purposes of eligibility, a 'veteran' must ,a _ ' have served between the periods from,December 7, 1941 to December 31, 1945, and/or June 27, 1950 to October 31, 195 3, through the end of Viet Nam war, i July 27, 1953 to August 5, 1973. B. Veteran's preference and credits: Any such veteran, taking an open competetive 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 ' i of service and honorable discharge must be shown at f the time of filing application. f Section 10. Resident 's preference: Those persons who are currently residents of the City of Dania and whose current i residence in the City of Dania has been continuous for a -•1" period of one or more full years-and who present s.:-16-tis factor y I Proof of such residence and who receive a passing grade on entrance examinations shall have additional points added to such grade, as follows: 1. Residents who do not receive veterans preference. .. .4 points 2. Residents who do receive veterans preference. . . . . . . .1 point RULE 8 — EXAMINATIONS Section I. Recruitment by examination: All appointments in the classified service shall be made according to merit and fitness. Merit and fitness shall be ascertained by examinations which ' shall be prepared by or under the direction of the Personnel II' 18 Director. All examinations shall be impartial and shall f 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 may be assembled or non-assembled, and may iinclude 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 judge- ment of. the Personnel Director, enter into the determination I I of the relative fitness of applicants. Promotional ex- aminations shall take into consideration the quality and length of employment, in addition to any or all of the above i factors. Section 2, Identity of examinees concealed The identity of all persons taking' a competitive written test shall be concealed from the examiners by the use of an identification number which shall I 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 fidentification number to the Personnel Director or to any member of his staff, directly or indirectly, shall be disqualified and the applicant so notified. i 19 I i j 1 Section 3 Rating examinations: Appropriate Scientific techniques and procedures shall be used in rating results ' r 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 70 the reauired passing grade, in the case of promotional exam- , inations 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 t numbers according to the following: .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 part or parts of an 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 results : Each applicant taking an examination shall be given written notice of the results thereof, and if successful, of his final earned rating and his re- lative position on the list. 20 c 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 4 f;f list. 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. Such corrections shall not invalidate any appointment previously made from such a list. Section 7. Promotional examinations: Vacancies in higher I positions in the classified service shall be filled by the ! promotion of employees in the service. Whenever in the judgment of the City Manager and the Personnel Director it is in the best interests of the city not to promote within the service. This requirement may be waived by the Civil Service Board. , When the determination is made that there will be a pro- motional examination, the Personnel Director shall designate the lower class or classes from which promotion is to be made and 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 employed in the entering positions in the uniformed Police and Fire services the required period of service shall be not less than two full years, and with one years minimum service between all other senior classes. The Personnel Director may also prescribe other reasonable requirements in the examination announcement. 21 Sec 8. Announcement of promotional examin' ons • All i promotional examinations shall be publicized at least two weeks in advance of the examination by posting announcements i on a bulletin board in the City Hall and in such other places and in such other manner as the Personnel Director deems advisable. Copies of all such announcements shall be furnished i the departments affected. I Section 9. Service Credit in promotional examinations: Regular employees who receive a passing grade in 'promotional examinations shall have a credit for continuous 61 ty 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 . I 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 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 ! 22 j II l c I grades without reference to priority of time of examination. C. A person who competes in or is disqualified from a i non-assembled examination for a particular class is eligible to compete in another examination for the 1 same class after an elapsed time as determined by i the Personnel Director. RULE 9 - ELIGIBLE LISTS ' Section 1. Establishment of 1• Establishment °f eligible lists : The Personnel Director shall establish and maintain such eligible lists for i the various classes of positions as are necessary to meet the i -• needs of the service. Each such list shall contain the names of those 'persons who are deemed by virtue of the examination f i process to be qualified to q perform the duties required in the ! i 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 I 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 not less than six months nor more than one year. The Personnel Director may extend such period by order made before the expiration of the list except that the reinstatement list shall not exceed one year. No list shall be extended to a time more than one year from the original establishment thereof, and a statement of the reasons for any extension shall be entered in the records -. 91 _ .. 1 of the department. Any such list, excepting those lists es- j tablished as the result of continuous non-assembled examination which has been in force for more than six months shall be I deemed cancelled upon the establishment of a new eligible list for the same class of positions. Section 3. Reemployment lists: A 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 re- employment list for the same class of position he held at the time of his separation. The name of� such employee shall be placed upon the list in the order of his total continuous time serviced in the class. Such employee shall be eligible for reemployment for a period of two .years from the date of separation. i' 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 limited in such notice. C. Declination of permanent appointment. 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. i i 24 F. 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 I j an eligible is or has in any manner become disqualified II for the class for which he is listed, . in accordance { with Rule 7, section 6 of these rules. 1 Section 5 Restoration of names to eligible lists: Whenever 1 i any person's name is removed from an eligible list. for any one • I 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 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 i the conduct resulting in removal of the name from the list ... and shall further after full consideration of the request, may restore the name. to the eligible list or may refuse such request. The person shall be notified of the Personnel Director's action. 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, re-instatement, transfer or demotion. Whenever a vacancy is to be frilled the department head shall make requisition upon the Personnel Director for eligibles for appointment to the class position for which the vacancy exists. Such requisition shall be upon, j 25 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 I from existing lists in the following order of preference: 1. Re-employment lists. 2. Promotional lists. i 3. Employment lists. 1 4. Reinstatement lists. Re-instatement 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 eligibles 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" provided 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 26 1 be certified when there is not the required number on the list. A person may not be skipped over more than once . And he shall receive a full written explanation as to why. In the case of insufficient scores on a promotional list, the Personnel Director may augment those scores by a sufficient number from the appropriate employment list in order to make a complete certification. The department head shall select from the eligibles certified to him, the number of persons required for the vacancies to be filled and recommended to the City Manager through the Personnel Director that they be appointed. Section R. Incomplete certification: When the number of names (irrespective of the number of scores) available for filling any vacancy is fewer than three the department head, with the approval of the Civil Service Board, may decline certification for that vacancy and request that the vacancy be filled by pro— visional appointment or in any other manner provided by these rules . Section 5. Notice of certification to the eligible.: Whenever the name of an eligible is c_er.tified the eligible shall be sent written notice of his certification. Such notice shall. state the time within which he must report for an interview. Section 6. Waiver of certification: Eligibles may waiver certification upon failing 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 i .�7 certified until waiver has been withdrawn upon written request therefor. Failure to execute a satisfactory waiver or to. I report for interview within the time indicated shall be deemed sufficient cause for removing the name of such eligible from j the list. Section 7. Provisional appointment: Whenever there are urgent reasons for filling a regular position in a class for which ' I appropriate lists or the required number of eligibles are not then available, the Personnel Director may authorize the vacancy to be filled by a provisional appointment. I In such case, preference for provisional appointment shall be given first to g � 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 p} . 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 1 year. Section S. 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 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 com- pletion of such special P p job or project for which they have been I � ! 28 l� appointed. Temporary appointments may also be made to fill vacancies resulting from regular employees on authorized i leave of absence. l Such appointments shall be made from the appropriate lists insofar as practicable and shall be for a specific period. i f i The acceptance of such appointment by an eligible shall not affect his standing on the list for permanent appointment. Section 9 Section 10. Emergency appointment: Emergency appointments may be t I made by the City Manager in case of riot, conflagrations or other emergency which threatens life, property or the general welfare of the city. Such appointments shall continue only during the j i period of such emergency and shall not continue longer than thirty calendar days. Section 11. 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, 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 reinstated employees shall be treated as a new entrant. Section 12. Transfer: ' A position may be filled by transferring an employee from another position of the same class or similar class with essentially the same basic qualifications excepting f that in, no case shall an employee be transferred to a class having t 29 ' 1 j a higher maximum salary than the class from which the transfer is made. Transfers must be approved by the department head j affected, the Personnel Director and insofar as practicable i t the employee concerned and shall be executed on the prescribed I form. Section 13. Demotion: i A. . A position may be filled by the demotion of a regular employee in accordance with the procedure for demotion i as outlined in Section 5 'of Rule 12 . B. An employee may also be demoted upon his own initiative • i with the approval of. the Personnel Director and department head concerned and shall receive status in i the new class, if he has status in present class. i Section 14. Probationary period: The probationary period shall be regarded as an integral part of the examination process and shall be utlized 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 per- formance does not meet the required work standards. All appointments shall be probationary and subject to a j probationary period of one year after appointment except those positions filled through promotion. Probationary period shall then be six months. The Personnel Director may grant status to persons appointed from re-employment list or through transfer without a probationary period, 30 The department head shall make such periodic reports during an employee 's probationary period as the Personnel Director may require and shall notify the Personnel Director j at least ten calendar days prior to completion of the pro- bationary 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 pity Manager may remove an employee whose performance does not meet the required work standards, provided that he shall notify the employee and the j Personnel Director of the reasons for such action. The I 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 un- suited for the work of the class during the probationary period he shall be reinstated to a vacant position in the class from which he was promoted. Section 15. 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. All employees of the city during their period of employment I may be required by their department head with the approval of 31 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 examing physician i to be physically or mentally unfit to perform work in the position which he is employed, such employee may, within five days from the i i 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 phy- sician of his own choice. In the event there is a difference of op- inion between the examining physician and the physician chosen by the employee, then a physician shall be mutually designated by the examing physician and the physician chosen by the employee whose de- �,. cision 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 em- ployed. Applicants and eligibles determined to be physically or mentally unfit for service shall not be considezed for appointment. An em- ployee finally determined to be physically or mentally unfit to con- tinue in the position in which he is employed may be demoted in ac- cordance with these rules or separated from the city service . Section 16 . Appropriate list: The Personnel Director may cer - tify to a vacancy applicants from eligible lists of classes 32 1 other than the class of vacancy, if, in his or her judgment, the lists are appropriate due to similar qualifications and/or I examination and a higher classification than the class of I vacancy, and there is an insufficient list for the specific E i 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 prac- ticable shall be uniform within occupational groups, which t shall be determined in accordance with the needs of the service, and which shall take into account the reasonable needs of the public who may be required to do business with various city departments. Employees who work over stipulated hours when- ever necessity demands additional service of an occasional nature shall be compensated at the overtime rate or given co^pensatory time off in accordance with Section 2-29.7 of the Pay Plan Employees shall be paid for legal holidays and those called to work, except those of the Police and Fire Departments, shall also be paid for the time worked at the regular rate or as provided in Section 3 of this rule. Hourly rate employees must work their regular work days immediately before and after the holiday in order to receive pay for the holiday. Part-time employees shall not be entitled to holidays with pay. j 33 Section 2 . Legal holidays : Legal holidays to be observed i by the city's employees unless such employees are required i i to be on regular duty are: New Years Day, Memorial Day, i Independence Day, Labor Day, Thanksgiving Day and Christmas f Day, and such other days as may be designated from time to i 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. i Section 3. Vacation Leave: On and after the date of adoption t of this ordinance each regularly employed full time City of Dania employee shall be entitled to vacation leave in accordance with the following schedule : I LENGTH 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 .20 years 3 weeks More than 20 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 or such holiday work or shall be credited with additional vacation leave at the rate of one additional vacation day for each holiday worked. I In computing vacation leave earned only those months shall 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 f \� r appri. _ 1 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 em— ployees with less than l year of continuous service and that f it doesn't conflict with the operation of the city. f Employees may accrue vacation leave to a maximum of the i leave earned in two calendar years. In the event an em— ployee has been unable to take advantage of vacation leave i as earned, with the result that said employee has accumulated the maximum, he may absent himself from work, after giving his supervisor 3 days notice, in order to prevent' the' loss of i vacation leave beyond the maximum. i 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 i 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 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 one working day for each completed month of service up to five i years service. One day per month shall be granted to employees I 35 I i with five years of service completed, maximum accumulation of 90 day;' 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. I I I 2. After employee has accrued forty-five (45) days of i sick leave, at his request, additional time will be added to his vacation at the rate of two (2) sick days, . i to equal one (1) vacation day. ' This applies to all days over forty-five (45)' Pays.. " 3. The employee will be notified annually of 'thd amount of sick leave accrued. Sick leave shall not be considered as a right which an employee . may use a't his discretion, but rather as a privilege which shall be allowed only in case of personal sickness or disability, legal 1 quarantine because of exposure to contagious disease, or in the case of illness with the immediate family. . No more than five working days in any calendar year may be taken as sick leave because of illness within the immediate family. In order to be granted sick leave with pay an employee must i meet the following conditions: A. Notify his immediate supervisor not later than two hours after the beginning of the scheduled workday of the reason for absence or with lesser limits if required by the department head. B. Permit such medical examination, nursing visit or inquiry which the city deems desirable . I C. File a written request for such sick leave on the form j 3 and in the manner to be prescribed and in the event that � the .absence is for more than three working days submit, i if requested by the department head, a medical certifi— cate signed by a physician stating the kind and nature of 1 i his sickness or injury, that the employee has been in— capacitated for work for the period of absence, and that he is again physically able to perform his duties. Employees serving a probationary period on an original appoint— ment shall accrue sick leave in accordance with the provisions of this i "t, section; provided that no sick leave with pay shall be granted such i employee until completion of 6 months of service . Temporary and part— 11 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. In computing sick leave taken uniformed members of the Fire Department shall be charged two days sick leave for each shift not worked because of illness. All other employees shall be charged one day sick leave for each day not worked because of illness. claiming sick leave when physically fit shall be cause for discharge. Section 5. Leave with pay• Leave with pay may be authorized in order that regular employees may serve required jury duty, pro— vided that such leave is reported in advance to the Personnel j 37 Director. 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 in any calendar year may also be authorized in case of death within the immediate family. Section 6. Leave without pay• A regular employee may be granted leave of absence without pay for a period not to i exceed one year for sickness, disability or other good and sufficient reasons which are considered to be in the best r 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 � i Personnel Director, may grant a regular employee leave without I 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 with- Out limitation as to time to enable him to take an appointive Position in the city service. Except under unusual circumstances, voluntary separation i 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 t38applicable provisions of these rules. - - � i 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 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 �ervice. -., C. No person shall use or promise to use, directly or indirectly any official authority or influence, whether possessed or anticipatedy 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. No employee in the classified service, and no member of the Civil Service Board shall, directly or in- directly, pay or promise •to pay any assessment, sub- scription or contribution for any political organization or purpose, or solicit or take part in soliciting any such assessment, subscription or contribution of any employee in the classified service. E. No employee in the classified service shall be a member - _...., _. . ._39 s of any national, state or local committee of a political party, or an officer or member of a committee of a partisan political club, or a t l candidate for nomination or election to any public office, or shall take part in the management of i affairs of any political party or in any political campaig, i I except to exercise his right as a citizen privately to express his opinion and to cast his vote, F. No person elected to public office shall, during the I i term for which he was elected, be appointed to any f i position in the classified service. G. No person shall make any false statement, certificate, j I mark, rating or report with regard to any test, i certification or appointment made under any provision i of the charter and these rules, or in any manner .. commit or attempt to commit any fraud preventing the 3 I impartial execution of the provisions of the charter and these rules. H. No person shall, directly or indirectly, give, render, pay, offer, solicit or accept .any money, service or i other valuable consideration for or on account of any appointment, proposed appointment, promotion or pro— posed promotion to, or any advantage in, a position in the classified service. I. No employee, examiner, or other person shall defeat, deceive, or obstruct any person in his right to ex- 40 f Ij IL amination, eligibility, certification or .appointment under the charter and these rules, or furnish to any f 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. J. Any officer or employee who violates 'any of the provisions of this section shall forfeit his office or i position. Section B. 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 i as a matter of law may appeal to the Civil Service Board within I 10 days after such action is taken. Upon such appeal, the i department head, the appealing employee with counsel if desired, and the City Manager shall have the right to be heard and to present evidence . At the hearing of such appeal, technical i rules of evidence shall not apply. The Civil Service Board, each member of the board, and the Personnel Director in his or her capacity as the secretary of the board shall have power to administer oaths, subpoena witnesses, and compel the pro- duction of books and papers pertinent to the appeal. The Civil Service Board shall make the final decision disposing of the appeal. If. the Civil Service Board finds that the action com- plained of was taken for any political, religious or racial i reason or as a result of mis-interpretation of law or of these I ., L� P rules, or other insufficient reason, the employee shall be reinstated to his position without loss of pay. When any regular employee is dismissed and not ordered reinstated after appeal by the board, the board may direct his name be placed i on an appropriate re-employment list which direction shall be enforced by the secretary. i 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 refuses to certify, and I 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 refused to certify his payroll voucher for insufficient reason, he shall be re- instated without loss of pay. A. Appeal procedure - Any regular employee wishing to i 9 take an appeal to the Civil Service Board under the J provisions of this section shall submit such appeal i i 1 in writing to the Personnel Director who shall be i i responsible for arranging the hearing. Such appeal will state what action is' being appealed and the I general reasons therefor. I 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 thirty days after the filing of the i 42 appeal. The hearing before, the board, if pos'siblc, shall be limited to one day. The board shall transmit its findings I I to the City Manager within three days of the completion of ! I i the hearing, f C. The decision of the Board shall be final and binding on on the, City and no further administrative appeal shall be granted, although the Board may grant a rehearing within • i twenty days of their decision upon good cause shown by I either party. i i 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 ad- 4 j justment of points of disagreement which arise between i employees and their supervisors, and to assure employees I 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 right. Free discussion between employees and supervisor will lead to better understanding by both of practices, policies and pro- cedures which affect employees. This will serve to identify and help eliminate conditions which may cause misunderstandings and grievances. This 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 43 grievance procedure if it is to be of value in promoting the well—being of the organization. k The procedure set out herein in Section 9 shall not j j be available if the employee elects or commences to settle f the dispute or grievance by a grievance procedure, or similar procedure, created by contract between the City and an employee union. I - I S I i i PLEASE NOTE: CONTINUATION OF SECTION 9 IS ON •NEXT PG. j i i i 44 j i C. Definition of a Grievance : A grievance is a complaint, f a view or an opinion pertaining to employment conditions, k to relationships between an employee and his supervisor or to relationship with other employees. Employees 1 should first discuss any problem or complaint which i is in the nature of a grievance either with their im— mediate supervisor or-with the Personnel Director. In many cases, the Personnel Director, with the employees consent, will be able to work out a satisfactory 1 i solution or to advise the employee regarding further presentation of his grievance. i Whether or not the employee takes his problem first i to the Personnel Director, the following procedure will i j be adopted for the p presentation of all grievances not � i I a resolved by the Personnel Director. D. Procedure for presentation of grievances : j 1. Discuss with supervisor: The employee shall first take! his grievance to his immediate supervisor who shall make a 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. I Supervisors are encouraged to consult with their i division heads, department heads, the Personnel Director, or any other individual who may be qualified to offer assistance or information which will aid the supervisor to reach a mutually equitable decision. ; . 45 I i i 2. Appeal to department- head: If the grievance is not � • i resolved by the immediate supervisor to the satisfaction 1 I of the employee, or if a decision is not made by him i 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 I 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 regulation's or' these rules, 3 Upon receipt of notice from the Personnel Director that the grievance is not. subject to established ordi- nances, regulations or rules, the department head shall i then have the responsibility for settling the grievance and shall inform the employee in writing of his decision g y within five working days. i Grievances which are subject to charter, ordinance, administrative regulation or these rules shall be hand- led as 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 5 working days, the employee may, in writing, request his department head to refer his grievance to the City Manager. All such request will be forwarded to the i 46_ city Manager by the department head without delay. i This request must be filed by the employee within 5 working t days after receipt of the department head's decision and, in any 1 case, not later than 10 working days after he sent the original f request to the department head. A copy of his request for re- view by the City Manager shall be sent by the employee to the i Personnel Director. • • The City Manager, upon being notified by the department head of an appeal may affirm, deny,` or modify the decision of j 1 the department head, or he may refer the appeal to .the Personnel i Director for submission to a grievance committee . In the event i I the department head has reached no decision within the allotted 5 working days, the City Manager may decide the case himself or' i j refer the matter to the Personnel Director for submission to a grievance committee. The City Manager will act upon an appeal within 10 working days. 4. Appointment of a grievance committee: When the Personnel Director is so notified by the City Manager, he shall assemble a grievance committee within 10 days following receipt of such notice. A grievance committee shall be composed of three members. One mem- ber shall be the employee or his representative, one member shall be 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. 47 t The chairman of the grievance committee shall sche— dule a hearing to be held within 15 days, at a suitable time and place, and shall so notify his committee mem— bers, the employee, the department head, and the Personnel Director. 5. Decisions of grievance committee: Within 10 days fol— lowing the conclusion of the hearing, the grievance committee shall supply the City Manager with four copies i 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 i writing the course of action he intends to follow and shall forward one copy of his decision and one copy of the com— mittee' s report and recommendations to the department head; one copy of each to the employee; and one copy of each to j the Personnel Director. The fourth copy shall be retained by the City Manager. The decision of the City Manager, i t following consideration of the report and recommendations i 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 these i rules grant 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 employee, iIt is not intended that the grievance procedure herein 48 I1 J set out, conflict with, supersede, or in any way jeopar- dize this right. Rather, it is expected that this pro- I i cedure will apply to prevent problems, complaints or disputes from becoming so serious as to necessitate a ' I personnel action subject to Civil Service Board review. I i j Section 10. Employee performance rating: Employee performance i rating reports relative to the conduct, capacity and performance of all regular employees shall be made by department heads at least one each year on the form and in the manner prescribed I by the Personnel Director. i Such ratings may be considered in determining within- , Z i range salary increases, as a factor in promotional examinations, as factor in determining the order of lay-off in the case of a reduction in force, and as a factor in any other personnel transactions where it is not contrary to the City Charter or i • these rules. j i RULE 12 - SEPARATION AND DISCIPLINARY ACTION { Section 1. Resignation: Any employee wishing to leave the 1 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 i by the city. Unauthorized absence from work for a period of !, three working days may be considered by the department head i 49 1 r as a resignation. Department heads shall forward all notices ' i of resignation to the Personnel Director immediately upon receipt. Section 2 . Layoff: An appointing authority may lay off any employee in the classified service whenever such action is made necessary by reason of shortage of work or funds, the I abolition of a position or because of changes in organization; i ' however, no regular employee shall be laid off while there are temporary, provisional or probationary employees serving in t ' the same class of position for which the regular employee is eligible and available. ' Whenever the layoff of one or more employees shall become Y } 1 I necessary the appointing authority shall notify the Personnel j Director, at least ten days in advance, of the intended action and the reasons therefor, The Personnel Director shall there- upon furnish to the appointing authority the names of the employees to be laid 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 probationary and regular employees are in- volved. Temporary and provisional employees, irrespective of department, shall be laid off, in that order, prior to layoff of probationary or regular employees. f� 50 The order of layoff shall be in reverse order of total continuous time served upon the date established for the i layoff to become effective; provided that, in the case of pro— bationary and regular employees, at such time that a service i rating plan is established the order of layoff shall be deter— mined on the basis of efficiency and seniority. The Personnel Director shall prescribe the method for computing efficiency and seniority and shall prescribe the relative weighting of each. Any interruption of employment not in excess of fifteen • I calendar days because of adverse weather conditions; shortage i Jof materials or equipment, or for other unexpected or unusual reasons shall not be considered a' layoff. For reductions in force effecting Police and Fire uniformed classes the foregoing procedure shall apply with the exception that Senior classes will displace Junior classes. Example would be: if a Police Captain 's position is to be abolished, the incumbent (in seniority and merit) would displace a Police Lieutenant who would displace a Police Sergeant who would dis— place a Police Officer, who would displace any probationary or provisional or temporary or be separated as the case may require. ISection 3 . Suspension: The City Manager may, for disciplinary purposes, suspend a regular employee without pay for such f length of time as the City Manager considers appropriate but I not to exceed sixty days in any twelve month period. A written statement of the reason for suspension shall be submitted 51 to the Personnel Director and to the employee affected in each case, j such statement to be submitted within 24 hours of the time the suspension becomes effective, excluding Saturdays, Sundays, or i f general holidays as provided by the rules or by City Commission authorization. A regular employee may, with the approval of the Personnel Director, be suspended without pay for a longer period pending the investigation or trial of any charges against him.. .Such employee i determined to be innocent of the charges against him may be returned to duty with full pay for the period of. suspension. Section 4. Dismissal: Amy employee may be dismissed* by the City I Manager for cause. With regard to regular employees no dismissal I shall take effect until at least ten days from the date a written statement of the reasons therefor is submitted to the Personnel i 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 a criminal offense or of a misdemeanor in— volving moral turpitude. C. Willful violation of any of the provisions of the Charter or these rules. D. Willful violation of any lawful and reasonable regulation, order or direction made or given by a superior officer where such violation has amounted to insubordination or serious breach of 52 a L� r 1 � 1 , r i proper discipline or has resulted in loss or injury to the public. j i E. Public intoxication, or drinking intoxicating liquor i i while on duty, or being addicted to the use of narcotics. f F. Wantonly offensive conduct or language toward the public j or fellow officers or employees, or abusive public criti— i i cizm of his superiors or public officials without first taking up such complaint through proper channels. i G. Carelessness or negligence in the use of the property of: the City. ^ H. Failure to pay or make reasonable provision for the fut— ure payment of just debts. I . Attempting to induce any officer or employee of the r City to commit an act in violation of any lawful or reasonable regulation. J. Conduct, either while on or. off duty, which reflects discredit upon the City. X. Hindering the regular operation of the department or division because of excessive absenteeism. L. Incapacity for the proper performances of duties because of a permanent or chronic physical or mental ailment or. defect. M. Being absent without leave or failing to report after leave of absence has expired. I 53 **N. Failure to notify the department head and Personnel Director within one working day, of suspension or revocation of valid operator or chauffer license i (applies only to employees whose job required � l valid operator or chauffer license . ) Section 5 *Demotion for inability to perform duties: The City Manager may, when he has determined a regular employee i I is unable to successfully perform 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 f statement of the reason for demotion shall be submitted to the employee affected and to the Personnel Director, such statement to be submitted under the same provisions of i Section 3 of this rule, 9 t RULE 13 - AMENDMENT OF PERSONNEL 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 of its own motion. Such 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 of 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. i 54 1 RULE 14 - SAVING CLAUSE i If any section or part of a section of these rules is held j by any court to be invalid or unconstitutional, the same shall not invalidate or impair the validity, force and effect i of any other section or part of a section of these rules i unless it clearly appears that such other section or part of a section is wholly or necessarily dependent for its 0 operation upon a section or part of a section so held invalid j i or unconstitutional. , I rr � I i I j I 4 t I I I i I