HomeMy WebLinkAboutO-1988-011 ORDINANCE N0. 11-88 `
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA, r
AMENDING SECTION 2. 4 OF THE CODE OF ORDI-
RULES IN THEIR ENTIRETY NANCES BY AMENDING THE EXISTING CIVIL SERVICE
Y SETTING
PRINCIPLES AND PROCEDURESTHATARE TORBE FTHE
OL-
LOWED BY THE CITY OF DANIA IN ITS PERSONNEL
PROGRAM; PROVIDING FOR EXCEPTIONS TO THE PER-
So BY CIVIL SERVICE; PROVIDING
FOR A CIVIL SERVICE BOARD; PROVIDING FOR A
CLASSIFICATION AND COMPENSATION PLAN; PROVID-
ING FOR A SEPARATION AND DISCIPLINARY ACTION;
PROVIDING FOR A GRIEVANCE PROCEDURE; PROVIDING
FOR AN APPEAL PROCEDURE; AND PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON- +
FLICT HEREWITH BE REPEALED TO THE EXTENT OF
j SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
1 DATE.
jWHEREAS , the Civil Service Board I has recommended numerous
changes in the existing Civil Service Rules and j regulations
' WHEREAS � and, such changes can best be accomplished by adopting a
completely revised set of rules ,
i
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
ty j Section That Section 2 . 4 of the Code of Ordinances of
i
the City of Dania, be and
the same is hereby amended to set forth
therein the "Civil Service Rules"
attached hereto and made a part
i
hereof as EXHIBIT "A
Section_- 2 That all ordinances or
parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be-
1 and the same are hereby repealed to the extent of such conflict .
t Section
That this ordinances shall be in force and take
effect im
mediately upon its final passage and adoption.
PASSED and ADOPTED on First
Reading on the 13thday of
j October 1987.
PASSED and ADOPTED on
Second and Final Reading on the 22nd
day of March
1988 .
YOR - COMMISSIONER
ATTEST:
C TY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS I
By:
Ax % �J
K C ADLER, Cit
y Attorney
Ordinance No. 11-311-38
n
T
NOTICE OF NEARING
1 - BEFORE UTV
W COMMISSION
CITY OF DANIA,
FLO N pIN
ADOPTION
OF ON THE
FOLLOWING PROPOSE
Og15 HEREBY
NOTICE IS NEgEBY GI
EN Inel Ins Cily Comm
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Established as The Hollywood Sun -January 4, 1935 Denla CIlr Hell, IDO W
Dania Blain BOWaver
HOLLYWOOD, BROWARD COUNTY, FLORIDA D.nl., FI.lra. Ia canto
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jAN ORDINANCE OF TO
CITY OF DANIA, FLOI
DA.AMENDING SECTII
s STATE OF FLORIDA T-u OF CHAPTER T I
THE CODE OF ORC
NANCES THECITY1
COUNTY OF BROWARD TDLED FLORIDA. EN'
Before the undersigned authority personally appeared lack D. Pate -
l CA EA
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who on oath says (he/she) is Advertising Sales Manager STANDING HORTE TER
PROMISSORY OBLIG
TONS TO SUM NOT
of THE SUN-TATTLER, a daily newspaper published at Hollywood in Broward DEXCEED OLLARS ONEmMILLIC
AND PROVIDING TH,
County, Florida; that the attached copy of advertisement, being a PARTS RDDINANCOF AM CI
Notice of Hearing A ND ALL RESOLUTIOI
OR IONS
OLOR`SOL
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HERE
0I TO THE E
in the matter of City of Dania TENT OF SUCH col
F LICT; AND PROVIDIC
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100 W. Dania Beach Blvd. x DATE,AN EFFEC T'V
in the ��,
+y.-N ORDINANCE OF TF
was published in said newspaper in the issue of / CITY AMENDINGA. DANIA. FLOC
[]p T IC
De0FHE CODE OFT01
October 16, 198 DINANCES BY AUFN
Affiant furthersays that the said SUN-TATTLER isa newpa per published at Hollywood in SETTING FFORTHfvlT°
said Broward County,Florida,and that the said newspaper y PRINCIPLES AND EI
p per has heretofore been continuous) ee°FOLLOWHED ARE T,
published in said Broward County,Florida,each week and has been entered as second class CITY OF DANIA IN I
matter at the post office in Hollywood in said County,Florida, for a period of one year next PROVIDING FOR ERCE
TIONS TO THE PERSOI
Preceding the first publication of the attached copy df advertisement: and affiant further NEL COVERED BY CM
says that he has neither aid nor promised an y SERVICE. PROVIDIN
p p y person, flfRl Or corporation an discount, FOR A CIVIL SERVIC
rebate,commission or refund for the purpose of securing this advertisement for publication BOARD
iSPROVI IN FC
All
in theid newsp L COMPENSATION PLA
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PROVIDING
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THAT ALL ORDINANCI
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d subs i d f e me NANCES MHO ALL AESS,,
LUTIONS OR PARTS C
RESOLUTIONS IN COI
ay of19FLICT HEREWITH !
REPEALED TO THE EFLICT;NT ANDS PROVIDOIS
U I$$I M ENP, FOR AN EFFECTIV
1L,1990 DATE.
BGNDED iHRU GENER., INS. U90, C.M., al the,* Prefer
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C I T Y O F D A N I A
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ADOPTED BY
ORDINANCE NO. 11-88
MARCH 22, 1988.
z ..
ORDINANCE N0. 11-88`
AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
,. AMENDING SECTION 2.4 OF THE CODE OF ORDI-
NANCES BY AMENDING THE EXISTING CIVIL SERVICE
RULES IN THEIR ENTIRETY BY SETTING FORTH THE
PRINCIPLES AND PROCEDURES THAT ARE TO BE FOL-
LOWED BY THE CITY OF DANIA IN ITS PERSONNEL
PROGRAM; PROVIDING FOR EXCEPTIONS TO THE PER-
SONNEL COVERED BY CIVIL SERVICE; PROVIDING
FOR A CIVIL SERVICE BOARD; PROVIDING FOR A
CLASSIFICATION AND COMPENSATION PLAN; PROVID-
ING FOR A SEPARATION AND DISCIPLINARY ACTION;PROVIDING FOR A GRIEVANCE PROCEDURE; PROVIDING
FOR AN APPEAL PROCEDURE; AND PROVIDING THAT
ALL ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE
DATE.
i
WHEREAS, the Civil Service Board has recommended numerous
changes in the existing Civil Service Rules and regulations; arrd
WHEREAS, such changes can best be accomplished by adopting a
completely revised set of rules,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
. . : Section 1. That Section 2.4 of the Code of Ordinances of
the City of Dania, be and the same is hereby amended to set forth
therein the "Civil Service Rules" attached hereto and made a part
hereof as EXHIBIT "A
M
Section 2. That all ordinances or parts of ordinances 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 ordinances shall be in force and take
effect immediately upon its final passage and adoption.
PASSED and ADOPTED on First Reading on the 17chday of
- - October
b_ e_��, 1987.
PASSED and ADOPTED on Second and Final Reading on the 22nd
day of March h 1988.
CODCIISSIONER
ATTEST:
C TY CLERK - AUDITOR
APPROVED AS TO FORM AND CORRECTNESS
By:
�t � l.(.f/k
r r,ANK C. AD ER, City Attorney
Ordinance No. 11-38
I
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TABLE OF CONTENTS
RULE 1 - GENERAL PROVISIONS
1
Section I . Purpose of the Rules . . . . . . . . . . . . . . . .
Section 2 . Positions covered by Rules . . . . . . . . . .
RULE 2 - DEFINITIONS
, , . 1
Section 1 . Allocate 1
Section 2 . Certify . . . 1
Section 3 . Class 2
Section 4 . Continous Service 2
Section 5 . Demotion 2
Section 6 . Eligible 2
g
Section 7 . Eliible List Section 8 . Employment List . . . . . . . . . . . . . . . . 2
2
Section 9 . Hearing 2
Section 10. Permanent Position . . . . . . . . . . . 2
Section 11 . Position . . . . . 3
Section 12 . Probationary Employee 3
. . . . . . . . . . . . . . . . . . . . .
Section 1.3 . Promotion • • 3
Section 14 . Promotional Examination 3
Section 15 . Promotinal List 3 "
Section 16 . Provisional Employees 3
Section 17 . Regular Employee . . . . . . . . . . . . . . . . . . . : 3
Section 18 . Status 3
Section 19 . Temporary Employee 4
Section 20. Temporary Position 4
Section 21 . Vacancy 4
Section 22 . Written Notice . . . . . . . . . . . . . . • • • •
RULE 3 - ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1 . The City Commission 44 _
Section 2 . The City Manager 5
Section 3 . The Personnel Director . . . . .
Section 4 . The Civil Service Board
RULE 4 - POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1 . The City Service . . . . . . .
10
Section 2 . Status of Employee in the 11
City Service . . . . . . . . . . . . . . . .
RULE 5 - THE CLASSIFICATION PLAN
Section 1 . The Purpose . . . . . . . • • • • • • • . . . . . . . . . .
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RULE 5 - THE CLASSIFICATION PLAN (CUNT.)
Section 2 . Composition of the Classification
Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 3 . Class Title . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 4 . Class Specifications . . . . . . . . . . . . . . . . 13
Section 5 . Maintenance of Classification Plan 13
RULE 6 - THE COMPENSATION PLAN . . . . . . . . . . . . . . . . . . . . . . . . 14
RULE 7 - APPLICATIONS
Section 1 . Announcements of Examinations . . . . . . . 14
Section 2 . Filing of Applications . . . . . . . . . . . . . . 15
Section 3 . Citizenship . . . . . . . . . . . . . . . . . . . . . . . . . 15
Section 4 . Residence 15
Section 5 . Minimum Qualifications 15
Section 6 . Rejection of Application . . . . . . . . . . . . 16
Section 7 . Notice of Rejection of Application 17
Section 8 . Postponement and Cancellation of
Cancellation of Examinations . . . . . . . . 17
Section 9 . Veteran' s Preference . . . . . . . . . . . . . . . . 17
A. Eligibility . . . . . . . . . . . . . . . . . . . 17
B. Veteran ' s Preference and
Credits . . . . . . . . . . . . . . . . . . . . . . . 18
Section 10. Resident ' s Preference . . . . . . . . . . . . . . . 18
RULE 8 - EXAMINATIONS
Section 1 . Recruitment by Examination . . . . . . . . . . 19
Section 2 . Identity of Examines Concealed . . . . . . 19
Section 3 . Rating Examinations . . . . . . . . :. . . . . . . . 2p
Section 9 . Minimum Grades on Each Section . . . . . . 20
Section 5 . Notification of Results . . . . . . . . . . . . . 21
Section 6 . Inspection of Papers . . . . . . . . . . . . . . . . 21
Section 7 . Promotional Examinations . . . . . . . . . . . . 21
Section 8 . Announcement of Promotional
Examinations . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 9 . Service Credit in Promotional
Examinations . . . . . . . . . . . . . . . . . . . . . . . . 22
Section 10. Unskilled and Semi-skilled Laborers ,
Domestic, Attendant or Custodial
Work . . . . . . . . . . . . . . . . 23
Section 11 . Non-assembled Examinations 23
RULE 9 - ELIGIBLE LIST
Section 1 . Establishment of eligible lists . . . . . 23
Section 2 . Duration of Lists . . . . . . . . . . . . . . . . . . . 24
Section 3 . Reemployment Lists . . . . . . . . . . . . . . . . . . 24
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RULE 9 - ELIGIBLE LIST (CONT.)
Section 4 . Removal of Names from Lists . . . . . . . . . 24
Section 5 . Restoration of Names to Eligible
Lists . . . . . . . . 25
Section 6 . Merging Eligible Lists . . . . . . . . . . . . . . 25
RULE 10 - APPOINTMENTS
Section 1 . Procedure for Filling Vacancies . . . . . 26
Section 2 . Priority of Lists . . . . . . . . . . . . . . . . . . . 26
Section 3 . Certification from the List . . . . . . . . . 27
Section 4 . Notice of Certification . . . . . . . . . . . . . 27
Section 5 . Waiver of Certification . . . . . . . . . . . . . 27
Section 6 . Provisional Appointment . . . . . . . . . . . . . 28
Section 7 . Temporary Appointment . . . . . . . . . . . . . . . 28
Section 8 . Emergency Appointment . . . . . . . . . . . . . . . 29
Section 9 . Reinstatement . . . . . . . . . . . . . . . . . . . . . . . 29
Section 10. Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Section 11 . Demotion 30
Section 12 . Probationary Period . . . . . . . . . . . . . . . . . 30
Section 13 . Medical Examinations . . . . . . . . . . . . . . . . 32
Section 14 . Appropriate List . . . . . . . . . . . . . . . . . . . . 33
RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1 . Hours of Work . . . . . . . . . . . . . . . . . . . . . . . 33
Section 2 . Legal Holidays . . . . . . . . . . . . . . . . . . . . . . 34
Section 3 . Vacation Leave . . . . . . . . . . . . . . . . . . . . . . 34
Section 4 . Sick Leave With Pay . . . . . . . . . . . . . . . . . 35
Section 5 . Leave With Pay . . . . . . . . . . . . . . . . . . . . . . 37
Section 6 . Leave Without Pay . . . . . . . . . . . . . . . . . . . 38
Section 7 . Prohibitions . . . . . . . . . . . . . . . . . . . . . . . . 38
Section 8 . Employee Rights of Appeal . . . . . . . . . . . 40
A. Appeal Procedure . . . . . . . . . . . . . . 42
B. Time Factors . . . . . . . . . . . . . . . . . . 43
Section 9 . Presentation of Employee
Grievances . . . . . . . . . . . . . . . . . . . . . . . . . . 43
A. Policy . . . . . . . . . . . . . . . . . . . . . . . . 43
B. Purpose . . . . . . . . . . . . . . . . . . . . . . . 43
C. Definition of Grievance . . . . . . . 44
D. Procedure for Presentation
ofGrievance . . . . . . . . . . . . . . . . . . 44
1 . Discuss with
Supervisor . . . . . . . . . . . . . . 44
2 . Appeal to Department
Head . . . . . . . . . . . . . . . . . . . . 45
3 . Appeal to City Manager 46
4 . Appointment of
Grievance Committee . . . . . 46
5 . Decisions of Grievance
Committee . . . . . . . . . . . . . . . 47
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RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS (CONT.)
E. Appeal to the Civil Service
Board 47
Section 10. Employee Performance Rating . . . . . . . . . 48
RULE 12 - SEPARATION AND DISCIPLINARY ACTION
Section 1 . Resignation 48
Section 2 . Layoff . . . . . . . . . . . . 98
Section 3 . Suspension 50
Section 4 . Discissal or Discipline . . . . . . . . . . . . . 51
Section 5 . Demotion for Inability to Perform
I Duties 53
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RULE 13 - AMENDMENT OF CIVIL SERVICE RULES
Section 1. Amendments . . . . . . . . . . . . . . . . . . . . . . . . . . 53
RULE 14 - SAVING CLAUSE
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RULE 1 — GENERAL PROVISIONS
Section 1 . Purpose of these rules : These rules set forth the
principles and procedures that are to be followed by the City in
its personnel program to the end that the City and its employees
may have assurance that personnel will be dealt with on an
equitable basis , and that the citizens of Dania may derive the
benefits and advantages which can be expected to result from a
competent staff of City employees .
Section 2 . Positions covered by these rules : These rules shall
apply to all positions and offices in the City Service excepting
_ those of the City Manager , Assistant City Manager , City Attorney,
Assistant City Attorney, Public Works Director , Recreational
Director , Police Chief , City Clerk, Fire Chief , and any other
Department Head designated by the City Commission .
RULE 2 — DEFINITIONS
Section 1 . Allocate shall mean the act of assigning each position
to its proper class .
Section 2 . Certify shall mean the act of the Personnel Director ,
in supplying a department head with the names of applicants who
are eligible for appointment to the class and positions in the
classified service for which certification is requested .
Section 3 . Class shall mean a position or group of positions
having similar duties and responsibilities , requiring similar
qualifications , which can be properly designated by one title
indicative of the nature of the work and which carry the same
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salary range.
Section 4 . Continuous service shall mean employment in the
classified service which is uninterrupted except for authorized
leave of absence , suspension or separation due to lay-off ;
however , time lost due to leave of absence, suspension or lay-off
shall be deducted in the determination of length of continuous
service. Authorized paid leave of absence shall be included as a
part of continuous service.
Section 5 . Demotion shall mean the assignment of an employee to
a position in a lower class having a lower maximum salary than
the class from which the assignment is made.
Section 6 . Eligible shall mean a person listed on an active
eligible list .
section 7 . Eligible list shall mean an employment list ,
Promotional list , reemployment list or reinstatement list .
Section S . shall h
Employment list Em to sa mean a list of p y persons who have
been found qualified by an entrance examination for appointment
to a position in a particular class .
Section 9 . Hearing means a public hearing held after public
notice, at which any person may have a reasonable opportunity to
be heard .
Section 10. Permanent position shall mean any position vacant or
filled which is designated as such by the budget or by the City
Manager .
Section 11 . Position shall mean a group of duties assigned to
one person or job.
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Section 12 . Probationary employee shall mean any employee who
is serving his probationary period prior to being regularly
appointed to a permanent position and class in the classified
service for a period of One (1 ) year .
Section 13 . Promotion shall mean the assignment of an employee
to a position in a higher class having a higher maximum salary
than the position from which assignment is made.
Section 14 . Promotional examination means an examination or
group of examinations for a position in a certain class ,
admission to which is limited to employees in the classified
service, who hold permanent positions in another class .
Section 15 . Promotional list shall mean a list of persons who
have been found qualified by a promotional examination for
appointment to a position in a particular class .
Section 16 . Provisional employees shall mean employees filling a
position in the classified service without competition pending
the establishment of an eligible list .
Section 17 . Regular employee shall mean an employee who has been
appointed to a permanent position in the classified service in
accordance with the provisions of the rules after completing a
probationary period . They shall also gain status in that class
to which appointed .
Section 18 . Status is a condition acquired by an employee giving
rights , in the manner the rules set forth , to a class .
Section 19 . Temporary employee shall mean an employee holding a
position other than permanent , except as provided in the Rules ,
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which is of a temporary, seasonal , casual or emergency nature.
Section 20. Temporary position shall mean all positions that are
not designated permanent .
Section 21 . Vacancy shall mean a position existing or newly
created , which is not occupied , and for which funds are
available , and for the filling of which a valid requisition has
been received by the Personnel Director .
Section 22 . Written Notice under these rules shall be by
{
certified mail , return receipt requested , and written notice
shall also be effective if the return receipt is marked " refused"
or "unclaimed" by the postal service.
RULE 3 — ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1 . The City Commission : The City Commission shall :
A. Approve the Civil Service Rules .
B. Approve the pay plan and all amendments thereto.
C. Make and confirm appointments to and remove from
positions specified by the City Charter .
Section 2 . The City Manager : The City Manager shall :
A . Be responsible to the City Commission for the
administration of the personnel system subject to these rules .
B. Appoint or remove all subordinate officers and employees
subject to the provisions of these rules excepting those to be
appointed and removed by the City Commission.
C. Perform such other duties and have and exercise such
other powers in personnel administration as may be prescribed by
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law and these rules .
D . provide a Recording Secretary to the Civil Service
Board , but subject to approval of the Board .
Section 3 . The Personnel Director : The City Commission may
appoint , in accordance with the provisions of the City Charter. a
Personnel Director or administrator who shall be responsible to
the City Manager for the administrative and technical direction
of the city personnel program. He or she shall be known as the
Personnel Director and shall :
A. Administer the provisions of these rules .
B. Develop and administer such recruitment and examination
programs as may be necessary to obtain an adequate supply of
competent applicants to meet the needs of the City Service.
C . Prepare and recommend a Classification Plan and
amendments to the Classification Plan so that it will reflect on
a current basis the duties being performed by each employee in
the city service and class to which each position is allocated .
D . Administer the pay plan including the periodic review
of salary and wage levels in the area to the extent that such
levels affect city employment and the periodic investigation of
factors affecting the economic level of salaries and to make
recommendations for amendments to the pay plan .
E . provide a system of checking payrolls , so as to
determine that all persons in the City Service have been properly
appointed and are being paid in accordance with these rules .
ance of a
F. Provide for the establishment and mainten
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roster of all employees in the city service.
G. Provide such forms and procedures as he may consider
necessary, appropriate, or desirable to carry out the personnel
program.
H . Develop and establish in cooperation with the City
Manager and the various department heads such training and
educational programs for employees in the city service as
conditions warrant .
. I . Prepare annual reports regarding the work of the
department .
J . Attend all meetings of the Civil Service Board .
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K . Perform such other activities with reference to
personnel administration not inconsistent with the City Charter
i or these rules , as may be deemed necessary or desirable to
enforce the provisions of these rules , as the City Manager may
direct , or as may be required by ordinance.
L. Prepare and recommend such rules or "amendments to the
rules as may be necessary or advisable to carry out the intent
and purposes of the city personnel program.
Section 4 . The Civil Service Board : The Civil Service Board
shall consist of five regular members , with three alternate
members to serve in the absence of regular members who shall be
appointed as follows :
A. Two regular members and one alternate member for said
two members shall be appointed by the City Commission . In April
1987 only, the two commission appointees shall be appointed for a
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three year and a one-year term; and the alternate shall be
appointed for a one-year term. Thereafter all commission
appointees shall be for a four-year term.
B. Two members and one alternative member shall be
recommended for appointment by the regular employees of the City
of Dania . In connection with such recommendation , the regular
employees shall conduct an election or vote which may be informal
in nature, to determine the members who shall be recommended for
appointment by the regular employees of the City of Dania . In
Aril 1987 only, the employee appointee with the greatest number
i of votes shall serve a three-year term and the employee appointee
with the second greatest number of votes shall serve a one-year
term and the alternate shall serve a one-year term. Thereafter ,
all terms for the two employee appointees and the one employee
alternate shall be for four-year terms .
C. As to the fifth member and his or her alternate , the
City Commission shall present three names to the regular
employees of the City of Dania . Thereafter , the regular
employees shall conduct an election or vote , which may be
informal in nature, to approve, and recommend for appointment ,
one of the three names presented by the City Commission . In
considering the vote of the regular employees as to such three
names , the person receiving the highest vote will be recommended
for appointment as a regular member of the board . The person
receiving the next highest vote shall be appointed as the
alternate member for the person receiving the highest vote .
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Neither the said regular member nor the alternate needs to
receive a majority vote. In April 1987 only, the fifth member
shall be appointed for a three year term and the alternate for
the fifth member shall be appointed for a one-year term .
Thereafter , the fifth member , and his or her alternate, shall
serve for a four year term or terms .
D . All five members and the alternates , who shall be
elected as aforesaid , shall be appointed by a resolution of the
City Commission for the term as outlined above. The aforesaid
alternate members shall serve only in the absence of the regular
members for which he or she is the alternate member . The
alternate members cannot serve as an alternate for an absent
member not in his or her elected and/or appointed category.
In the event a member vacates his or her seat on the board ,
before his or her term expires , the City Commission shall appoint
another member to complete the unexpired term of said member
within thirty ( 30) days , in accordance with the procedures
outlined in these civil service rules .
No member of the Board may be removed by the Commission
prior to the expiration of the term for which appointed , except
for cause or failure to meet the qualifications set forth in the
rules , and only then after said member has been provided written
charges and afforded an opportunity for a public hearing by the
City Commission . Removal shall be by Resolution adopted by the
City Commission .
Any Board member who is absent without cause from three (3 )
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meetings in any twelve (12 ) month period , will be automatically
removed from the Board .
The Board shall elect from its regular members , a
Chairperson and Vice-Chairperson , who shall serve at the will of
the Board . The Board shall meet at such times and places as
shall be specified by the Chairperson , or upon the request of a
majority of the regular members of the Board . All meetings shall
be open to the public . A quorum shall consist of three ( 3 )
members . Any decision , ruling or official action by the Board
shall require an affirmative vote by three ( 3) members .
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E. It is the principle function of the Board to serve in an
appellate and advisory capacity in the administration of the
personnel program. It is the duty of the Civil Service Board and
it shall have the power to:
a. Hear appeals of any regular employee in the method
provided in these rules .
b. Represent the public interest in -the improvement of
personnel administration in the City Service .
C . Advise the Commission , the City Manager and the
Personnel Director on problems concerning personnel
administration .
d . Advise and assist the Personnel Director in
fostering the improvement of personnel standards in the City
Service .
e . Make any inquiry which it may consider desirable ,
concerning the administration of personnel in the City Service
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and to review any personnel action which may appear to be
arbitrary, capricious or illegal and make recommendations to the
personnel director with respect thereto.
f . Make annual reports , and such special reports as it
considers desirable, to the Commission and to the City Manager
concerning personnel administration in the city service and
recommendations for improvement therein .
g . Adopt the Classifications Plan and proposed
amendments or revisions thereto.
RULE 4 — POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1 . The City Service: The City Service shall comprise all " ^
offices and positions in the City employ , now existing or
hereafter created . The City Service is divided into the exempt
and classified services :
A. The exempt service shall consist of :
a . City Commissioners.
b. The City Manager and/or Acting City Manager .
C . Assistant City Managers .
d . Public Works Director , Recreational Director ,
Police Chief , City Clerk, Fire Chief and any other department
head designated by the City Commission .
e. The City Attorney and Assistant City Attorneys .
f . Consultants , counsel , architects , auditors , board
and committee members and the like rendering temporary
professional services for pay or not for pay . Exempt personnel
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may not be assigned the duties of a vacant classified position
except in accordance with Civil Service Rules and Regulations .
B . The classified service shall comprise all other
positions now existing or hereafter created not specifically
included in the exempt service.
Section 2 Status of employees in the City Service : All
persons , excepting part time or temporary employees , holding
positions in the classified service on the effective date of
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these rules , and whose positions normally involve continuous year
round full time service, shall be full time classified service
employees . This excludes persons designated on Page 1 , as
follows : City Manager , Deputy City Manager , City Attorney,
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Assistant City Attorney, City Prosecutor , Public Works Director ,
Police Chief , City Clerk, Fire Chief , Personnel Director , Chief
Building Official and those appointed by the City Commission .
All persons holding positions in the classified service
" which do not involve continuous year round full time service
shall be considered as temporary employees .
RULE 5 - THE CLASSIFICATION PLAN
Section 1 . The purpose : The classification plan provides a
complete inventory of all positions in the City Service and
accurate descriptions and specifications for each class of
employment . The plan standardizes titles , each of which is
indicative of a definite range of duties and responsibilities and
has the same meaning throughout the City Service.
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Section 2 . Composition of the Classification Plan : The
Classification Plan consists of:
A. Classes of positions which are established by grouping
positions which are basically similar in the kind of work and
level of difficulty and responsibility, which require similar
experience and training at time of recruitment , and which may be
compensated fairly from within the same range of pay under
similar working conditions .
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B. Class titles which are descriptive of the work performed
and which identify each class .
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C. Written class specifications for each class of positions
which contain a description of the nature of the work of the
relative responsibility of the positions in the class , examples
of work which are illustrative of duties of positions allocated
to the class , requirements of work in terms of knowledge ,
abilities and skills necessary for performance of the work, and a
statement of experience and training desirable for recruitment
into the class .
D . An allocation list showing the class title of each
position in the City Service.
Section 3 . Class title : Class titles shall be used in all
personnel , accounting , budget , appropriation , and financial
records . No person shall be appointed to , or employed in , a
position in the classified service under a title not included in
the Classification Plan . Titles used in the course of
departmental routine to indicate authority , status in the
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organization, or administrative rank may continue to be used for
such purposes .
Section 4 . Class specifications : Specifications are to be
interpreted in their entirety and in relation to his or hers in
the Classification Plan . Particular phrases or examples are not
to be isolated and treated as a whole definition of the class .
Specifications are deemed to be descriptive and explanatory of
the kind of work performed and not necessarily inclusive of all
duties performed .
Section 5 . Maintenance of the Classification Plan : The Personnel
Director is charged with the responsibility for the proper and
continuous maintenance of the Classification Plan so that it will
reflect on a current basis the duties being performed by each
employee in the City Service and the class to which each position
is allocated .
The Personnel Director shall report the Classification Plan
in writing to the Civil Service Board within ninety days of the
end of each fiscal year and no later than December 31st , of each
year .
The Personnel Director shall periodically review the
classification of positions and upon the basis of his or her
investigation , he or she shall recommend to the Civil Service
Board appropriate and necessary amendments to the Classification
Plan in the form of new classes , revisions of existing classes
and the abolition of classes no longer required in the plan .
Such recommended amendments shall be effective when approved by
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the Board , or the thirtieth day after being recommended to the
Board , providing that prior thereto the Board shall not have
disapproved them.
Allocations and reallocations within the approved
Classification Plan shall be made as follows :
A . The Personnel Director shall study the duties and
responsibilities of each new position as it is created and on the
basis of this study place the position in the appropriate class
within the Classification Plan for the duties to be performed .
B. Changes in the duties and responsibilities of a position
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involving either the addition of new assignments or the taking
away or modification of existing assignments shall be reported to
the Personnel Director by department heads . If these are
determined to be permanent , are more than minor changes , and
justify a reallocation to a different classification , the
Personnel Director shall , after affording to the employee
affected the opportunity to be heard , by giving them ten days
written notice and with consent of the City Manager and approval
of the Civil Service Board , place such position in its
appropriate class .
RULE 6 — THE COMPENSATION PLAN
(See Current Pay Plan)
RULE 7 — APPLICATIONS
Section 1 . Announcement of examinations : Public notice of
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entrance examinations shall be given at least two weeks in
advance of the examination by publication in at least one daily
newspaper of general circulation in the City , by posting an
examination announcement on the City Hall bulletin board and in
such other places and such other manner as the Personnel Director
may deem advisable.
Section 2 . Filing of application : All applicants for positions
in the classified service must file written application on the
form prescribed by the Personnel Director within the time limit
fixed in the examination announcement . Defective applications
„. may be returned to the applicant with a notice to amend the same .
Amendments or corrections must be made within the time limit
fixed by the Personnel Director .
Section 3 . Citizenship: All applicants must be citizens of the
United States or have proper working documents in accordance with
the equal protection clause of the Fourteenth Amendment of the
' United States Constitution .
Section 4 . Residence : There shall be no requirement of
residence for filing application for a position in the classified
service.
Section 5 . Minimum Qualifications : The Personnel Director may,
after consultation with the department heads concerned , prescribe
such limits of age and such other specific requirements , physical
or otherwise , as in his judgment are required by the nature of
the work to be performed . Such requirements shall be shown in
the examination announcement .
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Section 6 . Rejection of application : The Personnel Director
shall reject any application or applicant when he has determined :
A. That the application was not filed within the period
specified in the examination announcement or was not filed on the
prescribed form.
B . That the applicant lacks any of the required
qualifications set forth in the examination announcement .
C . That the applicant is physically unfit- to perform
effectively the duties of the position in which he seeks
employment .
D . That the applicant is addicted to the habitual and
excessive use of drugs or intoxicating liquor or has been
convicted of a misdemeanor involving moral turpitude or of a
felony.
E . That the applicant has made a false statement of a
material fact , or practiced or attempted to practice any fraud or
deception in his application or test , or in attempting to secure
appointment . If appointed , the Personnel Director may cancel the
certification and in effect cancel the appointment .
F. That the applicant was previously in the City Service
and was removed for cause or resigned not in good standing .
G. That the applicant , after notification , did not promptly
present himself at the time and place designated for the
examination .
H . That the applicant has a work record from previous
employers not consistent with the standards expected of a city
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employee.
Section 7 . Notice of rejection of application: Whenever an
application or applicant is rejected , notice of such rejection
and the reasons for the action shall be given to the applicant by
the Personnel Director .
Section 8 . Postponement and cancellation of examinations : Any
examination may be postponed or cancelled at the discretion of
the Personnel Director . In either case each applicant shall be
notified of the postponement or cancellation and the reasons for
the action .
Section 9 . Veteran ' s preference:
A . Eligibility : The City of Dania shall give preference . .
points in open competitive entrance examinations to the following
persons , provided that such person has obtained a passing score
on the examination for the position .
1 . Those disabled Veterans who have served on active
duty in any branch of the Armed Forces of the United States ; who
have been separated therefrom under honorable conditions; and who
have established the present existence of a service- connected
disability which is compensable under public laws administered by
the U . S . Veterans Administration , or who are receiving
compensation , disability retirement benefits , or pension by
reason of public laws administered by the U . S . Veterans
Administration and the Department of Defense .
2 . The spouse of any person who has a total
disability, permanent in nature, resulting from a service-
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connected disability and who , because of this disability, cannot
qualify for employment , and the spouse of any person missing in
action , captured in the line of duty by a hostile force, or
forcibly detained or interned in the line of duty by a foreign
government or power .
3 . A veteran of any war who has served on active duty
for 181 consecutive days or more and who was discharged or
separated therefrom with an honorable discharge from the Armed
Forces of the United States of America , if any part of said
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active service was performed during the wartime era . However ,
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active duty for training shall not be allowable .
4 . The unremarried widow or widower of a Veteran who
died of a service connected disability .
B. Veteran ' s preference and credits : Any such veteran
taking an open competitive examination shall receive five (5 )
points credit added to the passing earned rating resulting from
his examination. To receive such credit , a certificate or other
authentic proof of service and honorable discharge must be shown
at the time of filing application .
Section 10 . Resident ' s preference : Those persons who are
currently residents of the City of Dania and whose current
residence in the City of Dania has been continuous for a period
of one or more full years , and who present satisfactory proof of
such residence , and who receive a passing grade on entrance
examinations shall have two additional points added to such
grade .
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RULE 8 - EXAMINATIONS
Section 1 . Recruitment by examination: All appointments in the
classified service shall be made according to merit and fitness .
Merit and fitness shall be ascertained by competitive
examinations which shall be prepared by or under the direction of
the Personnel Director . All examinations shall be impartial and
shall slate to those matters which will test fairly the capacity
and fitness of the applicants to discharge efficiently the duties
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of the position to be filled .
Examinations must be assembled except as provided for in
a j Section 10, dealing with unskilled and semi- skilled laborers ,
etc , on page 24 of these rules , and section 11 dealing with non-
assembled elections , and may include written , oral , physical
tests , performance tests , ratings or training and experience or
any combination of these . They may take into consideration such
factors as education, experience, aptitude, knowledge, character ,
physical fitness or any other qualifications or attributes which,
in the judgment of the Personnel Director , enter into the
determination of the relative fitness of applicants . Promotional
examinations shall take into consideration the quality and length
of employment , in addition to any or all of the above factors .
Section 2 . Identity of examines concealed : Any person who takes
an examination under this section shall only be notified of
whether or not they passed or failed . No person , including any
examiner shall be provided with the scores on any other part of
examination until the final score is tallied . The identity of
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all persons taking a competitive written test shall be concealed
from the examiners by the use of an identification number which
shall be used on all examination papers . This number shall be
used from the beginning of the examination until all test papers
have been rated . Any papers carrying the name of the applicant ,
or any other identification mark , or any applicant who reveals
his identification number to the Personnel Director or to any
member of his staff , directly or indirectly , shall be
disqualified and the applicant so notified .
Section 3 . Rating examinations : Appropriate scientific
techniques and procedures shall be used in rating results of
examination and in determining the relative ratings of the
competitors . Final examination grades shall be expressed on a
scale of 100 for maximum possible attainment and a score of 70
shall be the required passing grade. In the case of promotional
examinations service credit shall be in addition to the above.
The final ratings of successful competitors who have attained a
passing score of 70 or above shall be rounded-off to whole
numbers according to the following : . 50 and above , the next
highest rating ; below . 50, the next lower rating : i .e . , 81 . 5-82 ,
81 .49-81 .
Section 4 . Minimum grades on each section : Each applicant must
pass the written examination before they can proceed to take any
subsequent part of the examination. The Personnel Director may
determine the minimum qualifying standard for any part or parts
of an examination . Any applicant who fails to attain at least
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this minimum grade shall be considered to have failed the
examination and shall not be examined on any further parts , if
any are planned .
Section 5 . Notification of results : Each applicant taking an
examination shall be given written notice of the results thereof,
and if successful , written notice of his final earned rating and
his relative position on the list .
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Section 6 . Inspection of papers : Any applicant shall have the
right to make one personal inspection of his examination papers
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within one month from the date of establishment of the list . An
i applicant shall have the right to take with him to examine his
test a person of equal rank that took the same exam. All
examination papers shall be destroyed in accordance with Chapter
119 , Florida Statutes . A manifest error in rating a test or test
procedure shall be corrected if called to the attention of the
Personnel Director within the inspection period . All persons
shall be placed in their proper position on said list .
Section 7 . Promotional examinations : Vacancies in higher
positions in the classified service shall be filled by the
promotion of employees in the service from an eligible list ,
established by competitive examination . Whenever , in the
judgment of the City Manager and Personnel Director , after
written examinations have been given and are unsatisfactory, and
it is in the best interests of the City not to promote within the
service, this requirement may be waived by the administration
petitioning the Civil Service Board within thirty (30) days for
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an exception, with due notice to all affected employees .
If part of the examination will be an oral examination , then
no City employee shall be a member of the oral examination board .
When the determination is made that there will be a
promotional examination , the Personnel Director shall designate
the lower class from which promotion is to be made and shall
establish the required period of service in this class , which
shall be not less than one full year . If none of the applicants
in the lower class pass the promotional examination , then the
Personnel Director shall designate the next lower class from
which promotion is to be made and shall establish the required
period of service in this class . The Personnel Director may also
prescribe other reasonable requirements in the examination
announcement . Any aggrieved person may appeal the reasonableness
of said requirements to the Civil Service Board within ten (10)
calendar days after the posting of such requirements .
Section B . Announcement of promotional examinations : All
promotional examinations shall be publicized at least thirty (30)
days in advance of the examination by posting announcements on a
bulletin board in the City Hall , and work sites , and such other
places and in such other manner as the Personnel Director deems
advisable. Copies of all such announcements shall be furnished
the departments affected .
Section 9 . Service credit in promotional examinations : Regular
employees who receive a passing grade in promotional examinations
shall have a credit for continuous City Service added to such
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grade which shall be computed as follows : One fourth of one
point shall be added for each full year of uninterrupted service
up to a maximum of twenty years of such service .
Section 10 . Unskilled and semi-skilled laborers , domestic ,
attendant or custodial work : Unskilled and semi-skilled
laborers , domestics , attendants or custodial workers may be
appointed after such non-competitive and non-assembled tests of
fitness as the Personnel Director may prescribe .
Section 11 . Non-assembled examinations :
A. Whenever the Personnel Director determines that possible
applicants are not available in sufficient numbers to justify
holding assembled examinations , he may conduct examinations for
such classes on a continuous non-assembled basis .
B. The names of successful applicants shall be placed on
the appropriate eligible list in order of their relative grades
without reference to priority of time of examination .
C. A person who competes in or is disqualified from a non-
assembled examination for a particular class is eligible to
compete in another examination for the same class after an
elapsed time as determined by the Personnel Director .
RULE 9 - ELIGIBLE LISTS
Section 1 . Establishment of eligible lists : The Personnel
Director shall establish and maintain such eligible lists for the
various classes of positions as are necessary to meet the needs
of the service. Each such list shall contain the names of those
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persons who are deemed by virtue of the examination process to be
qualified to perform the duties required in the specific class .
Such persons shall be notified and take rank upon such lists in
the order of their relative grades as determined by Rule 8 ,
Section 3 .
Eligible applicants attaining the same score shall be
considered to have the same rank on the eligible list .
Section 2 . Duration of lists : The duration of each eligible
list , and the names appearing thereon , shall be no more than one
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year , except the Personnel Director may extend the period for an
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additional three months for just cause .
Section 3 . Reemployment lists : Any regular employee who has
been involuntarily separated from the City Service without fault
or delinquency on his part shall have his name placed on a
reemployment list for the same class of position he held at the
time of separation. The name of such employee shall be placed
upon the list in the order of his total continuous time served in
the class . Such employee shall be eligible for reemployment for
a period of two years from the date of separation .
Section 4 . Removal of names from lists : The Personnel Director
may at any time remove the name of an eligible from the list for
any one or more of the following causes :
A. At the request of the eligible .
B. Failure to respond to notice to appear for interview
within the time specified in such notice .
C. Refusal of permanent appointment .
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D Failure to notify the Personnel Director of a change of
address .
E . Appointment to a permanent position through
certification from a list for another class at the same or higher
salary.
F. The making of any material false statements on his
application .
G. In the case of promotional lists , upon separation , other
than layoff , from the City Service .
H. In any case where the Personnel Director finds that an
eligible is or has in any manner become disqualified for the
class for which he is listed , in accordance with Rule 7 , Section
6 of these rules .
Section 5 . Restoration of names to eligible lists : Whenever any
person' s name is removed from an eligible list for any one or
more of the causes mentioned in the preceding section, he shall
immediately be notified thereof unless his whereabouts are
unknown . Such person may , within five days from the date of
removal , make a written request to the Personnel Director for
restoration of his name to such list for the duration of his
eligibility. The request shall set forth the reasons for the
conduct resulting in removal of the name from the list and shall
also state the basis for restoration of the name to the eligible
list . The person shall be notified of the Personnel Director ' s
action .
Section 6 . Merging Eligible Lists : Whenever an eligible list is
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reduced to less than three (3) persons , and/or in the opinion of
the Personnel Director it is desirable to hold a subsequent
examination while an eligible list exists , the Personnel Director
may merge the two lists according to scores . All persons whose
names appear on the existing list shall have the opportunity to
compete in the second examination . Any person on such existing
list who takes the second examination shall be given standing on
the merged lists according to the higher grade received on either
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RULE 10 - APPOINTMENTS
Section 1 . Procedure for filling vacancies : All vacancies in
the classified service shall be filled by original appointment ,
promotional appointment , provisional appointment , re-employment ,
reinstatement , transfer or demotion . Whenever a vacancy is to be
filled , the department head shall make a request to the Personnel
Director for eligibles for appointment to the class position for
which the vacancy exists . Such requisition shall be upon the
form provided by the Personnel Director . If the position is
permanent , the Personnel Director shall certify to the department
head the proper number of names from the appropriate list or
authorize some other kind of appointment as provided in these
rules .
Section 2 . Priority of lists : Certification shall be made fron
existing lists in the following order of preference:
1 . Re-employment lists .
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2 . Promotional lists .
3 . Employment lists .
4 . Reinstatement lists .
Reinstatement lists may rank before or after employment lists at
time of certification by specific request of the appointing
authority.
Section 3 . Certification from the list : Upon receipt of a valid
requisition for an eligible to fill a vacancy the Personnel
Director shall certify to the requesting department head the
names and addresses of the eligible on the list for the class who
qualify under the Rule of Three Scores and have indicated a
willingness to accept appointment .
The " Rule of Three Scores " provides that the names
associated with the three highest scores determined by Rule B ,
Section 3 and Rule 9 , Section 1 , shall be certified to a vacancy;
the names within the next highest scores being certified for each
additional vacancy, provided however , that a fewer number may be
certified when there is not the required number on the list . A
person may not be skipped over more than once and shall receive
a full written explanation prior to the list being posted .
Section 4 . Notice of certification to the eligible: Whenever
the name of an eligible is certified the eligible shall be sent
written notice of this certification by certified mail . Such
notice shall state the time within which he must report for an
interview.
Section 5 . Waiver of certification : An eligible may waive
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certification upon filing reasons satisfactory to the Personnel
Director . Waivers must be filed with the Personnel Director
within five days from the date of notification of certification
and , if approved , the name of such eligible shall not be
certified until waiver has been withdrawn upon written request
therefor . Failure to execute a satisfactory waiver or to report
for interview within the time indicated shall be deemed
sufficient cause for removing the name of such eligible from the
list .
Section 6 . Provisional appointment : Whenever there are urgent
reasons for filling a regular position in a class for which
appropriate lists or the required number of eligible areas not
then available, the personnel Director may authorize the vacancy
to be filled by a provisional appointment .
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In such case , preference for provisional appointment shall
be given first to persons whose names are on appropriate lists;
secondly, to persons in the City Service whom the Personnel
Director finds to be qualified ; thirdly, to persons who have
applied to appointment as regular employees and whom the
Personnel Director believes to be qualified .
Provisional appointments shall be terminated at such time as
the required certification and appointment can be made from a
list and shall be for not longer than one year .
Section 7 . Temporary appointment : Temporary appointments may be
made of persons whose employment is expected to be of a seasonal
nature , or whose services are required to a special job or
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project , and when it is expected that the services of such
persons will be no longer necessary at the close of the season ,
or upon completion of such special job or project for which they
have been appointed . Temporary appointments may also be made to
fill vacancies resulting from regular employees being on
authorized leave of absence .
Such appointments shall be made from the appropriate lists
insofar as practicable and shall be for a specific period . The
acceptance of such appointment by an eligible shall not affect
his standing on the list for permanent appointment .
Section 8 . Emergency appointment : Emergency appointments may be
made by the City Manager or his designee in case of riot ,
conflagrations or other emergency which threatens life, property
or the general welfare of the City . Such appointments shall
continue only during the period of such emergency and shall not
continue longer than thirty calendar days .
Section 9 . Reinstatement : Any regular employee who has resigned
in good standing may, within two years from the effective date of
his resignation , at his written request , and with the approval of
the City Manager and the Personnel Director , and with
recommendation of the appointing authority, be reinstated to a
vacancy provided there are no regular employees who have been
laid off and whose names appear on the re-employment list for the
class . Such reinstatement employees shall be treated as a new
entrant .
Section 10. Transfer : A position may be filled by transferring
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an employee from another position of the same class or similar
class with essentially the same basic qualifications , excepting
that in no case shall an employee be transferred to a class
having a higher maximum salary than the class from which the
transfer is made . Transfers must be approved by the department
heads affected , the Personnel Director , and so far as
practicable, the employee concerned , and shall be executed on the
prescribed form .
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Section 11 . Demotion:
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A. A position may be filled by the demotion of a regular
employee in accordance with the procedure for demotion as
outlined in Section 5 of Rule 12 .
B. An employee may also be demoted upon his own initiative
with the approval of the Personnel Director and department head
concerned and shall receive status in the new class , if he has
status in present class .
^� Section 12 . Probationaryh
period : The robationar
P — P y period shall
be regarded as an integral part of the examination process and
shall be utilized for closely observing the employee' s work, for
securing the most effective adjustment of the new employee to his
Position , and for rejecting any employee whose performance does
not meet the required work standards .
All appointments shall be probationary and subject to a
probationary period of one year after appointment , except those
Positions filled through promotion . In such case , probationary
period shall then be six months . The Personnel Director may
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grant status to persons appointed from reemployment lists or
through transfer without a probationary period .
The department head shall make such probationary reports
every three months during an employee' s probationary period and ,
as the Personnel Director may require , and shall notify the
Personnel Director at least ten calendar days prior to completion
of the probationary period whether the services of the employee
have been satisfactory and whether he will continue the employee
in his position . Such notice shall be on the prescribed form and
a copy shall be given to the employee. At any time during the
probationary period , the City Manager , upon the recommendation of
N the appointing authority , may remove an employee whose
performance does not meet the required work standards , provided
that he shall notify the employee and the Personnel Director of
the reasons for such action . The Personnel Director may
reinstate the employee to the eligible list should such action
appear to be in the best interest of the City . If an employee
promoted to a higher class as a result of appointment from a
promotional list is found unsuited for the work of the class
during the probationary period , he shall be reinstated to a
position in the class from which he was promoted .
In cases where a Broward County or State of Florida
Certified School , Academy, or training course is required , the
one ( 1 ) year probation will not begin until the successful
completion of the training program and as the program may be
modified by the City of Dania , but in all cases the probation
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period shall not exceed fifteen months .
Section 13 . Medical examinations : Applicants for positions in
the City Service may be required to undergo a medical examination
to determine physical and mental fitness to perform work in the
position to which appointment is to be made. If such employee
voluntarily resigns within the first six months then he shall
reimburse the City for the costs of said medical examination .
A11 employees of the City , during their period of
employment , may be required by their department head , with the
j approval of the Personnel Director , to undergo periodic medical
i examinations to determine their physical and mental fitness to
perform the work of the position in which they are employed .
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Such periodic medical examinations shall be at no expense to the
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employee .
Determination of physical or mental fitness will be by a
physician or physicians designated by the Personnel Director .
.. When an employee of the city is reported by the examining
physician to be physically or mentally unfit to perform work in
the position which he is employed , such employee may, within five
days from the date of his notification of such determination by
the examining physician , indicate in writing to the Personnel
Director his intention to submit the question of his physical or
mental unfitness to a physician of his own choice . In the event
there is a difference of opinion between the examining physician
and the physician chosen by the employee , then a physician shall
be mutually designated by the examining physician and the
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physician chosen by the employee whose decision shall be final
and binding as to the physical or mental fitness of the employee
to perform the work of the position in which he is employed .
Applicants and eligibles determined to be physically or
mentally unfit for service shall not be considered for
appointment . An employee finally determined to be physically or
mentally unfit to continue in the position in which he is
employed may be demoted in accordance with these rules or
separated from the service.
Section 14 . Appropriate list : The Personnel Director may
certify to a vacancy other than promotional vacancies , applicants
from eligible lists of classes other than the class or vacancy,
if, in his or her judgment , the lists are appropriate due to
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similar qualifications and/or examination and a higher
classification than the class of vacancy , and there is an
insufficient list for the specific class vacancy.
RULE 11 — GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1 . Hours of work: (See current Pay Plan) The City
Manager shall establish hours of work , which , insofar as
practicable , shall be within uniform occupational groups , which
shall be determined in accordance with the needs of the public
who may be required to do business with various City departments .
Employees who work over stipulated hours whenever necessity
demands additional service of an occasional nature shall be
compensated at the overtime rate of or given compensatory time
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off in accordance with State and Federal Law. Employees shall be
paid for legal holidays . Hourly rate employees must work their
regular work days immediately before and after the holiday in
order to receive pay for the holiday. Parttime employees shall
not be entitled to holidays with pay.
Section 2 . Legal holidays : Legal holidays to be observed by the
City ' s employees unless such employees are required to be on
regular duty are: New Years Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving Day and Christmas Day, and such other
days as may be designated from time to time by the City
Commission . When a holiday falls on a Saturday and a Sunday the
following Monday shall be declared a holiday for city employees .
Section 3 . Vacation leave: On and after the date of adoption of
these rules each regularly employed full time City of Dania
employee shall be entitled to vacation leave in accordance with
the following schedule:
LEAVE OF REGULAR FULL TIME EMPLOYMENT VACATION LEAVE
e• More than 1 year but less than 5 years 2 weeks
More than 5 years but less than 15 years 3 weeks
More than 15 years 4 weeks
Members of the Police Department and Fire Department and
such other employees required to be on regular duty on legal
holidays shall receive additional compensation for such holiday
work or shall be credited with additional vacation leave at the
rate of one additional vacation day for each holiday worked .
In computing vacation leave earned , only those months shall
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be counted during which an employee has worked three quarters or
more of his regular work days .
Vacation leave may be taken as earned subject to the
approval of the department head who shall schedule vacations so
as to meet the operating requirements of the department ;
Provided , that vacation leave shall not be granted to employees
with less than one year of continuous service and provided it
does not conflict with the operation of the City.
Employees may accrue vacation leave up to a maximum of the
leave earned in two calendar years . In the event an employee has
been unable to take advantage of vacation leave as earned , with
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the result that said employee has accumulated the maximum , he may
absent himself from work, after giving his supervisor three days
notice , in order to prevent the loss of vacation leave beyond the
maximum.
Provisional and temporary employees shall be entitled to the
same vacation leave allowance to which regular employees are
entitled in accordance with the provisions of this section .
Part time employees shall not be entitled to vacation leave .
Regular employees and the aforesaid provisional and
temporary employees who have completed one or more years of
service shall , upon leaving the City' s service in good standing ,
be compensated for vacation leave accrued up to the date of
separation .
Section 4 . Sick leave with pay; Sick leave with pay shall be
granted to regularly employed full time employees at the rate of
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one working day for each completed month of service up to five
years service. One day per month of service shall be granted to
employees up to the maximum accumulation of 60 days . After the
maximum accumulation of 60 days , the City shall liquidate all.
accrued sick pay in excess of 60 days and shall pay employees on
an annual basis at their present base hourly rate .
I . Upon retirement or termination in good standing , the
employee will be reimbursed for all sick leave accrued at the
rate of pay at time of separation .
2 . Sick leave shall not be considered as a right which an
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employee may use at his discretion , but rather as a privilege
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which shall be allowed only in case of personal sickness or
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disability, legal quarantine because to exposure of contagious
disease, or in the case of illness within the immediate family.
In order to be granted sick leave with pay an employee must
meet the following conditions :
A. Notify his immediate supervisor prior' to the beginning
of the scheduled workday of the reason for absence or with lesser
limits if required by the department head , excepting dire
emergencies .
B . Permit such medical examination , nursing visit or
inquiry which the city deems desirable at a cost to the city.
C. File a written request for such sick leave on the form
and , in the manner to be prescribed and in the event that the
absence is for more than three working days submit , if requested
by the department head , a medical certificate signed by a
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physician stating the kind and nature of his sickness or injury,
that the employee has been incapacitated for work for the period
of absence. The medical certificate shall also state the date
the employee is able to return to work.
Employees serving a probationary period on an original
appointment shall accrue sick leave in accordance with the
provisions of this section; provided that no sick leave with pay
shall be granted such employee until completion of six months of
service. Temporary and part time employees shall not be entitled
to sick leave privileges .
In computing sick leave accrued , only those months shall be
counted during which an employee has worked three quarters or
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more of his regular work days , to include time accrued during
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vacation time.
Claiming sick leave when physically fit shall be cause for
disciplinary action .
Section 5 . Leave with pay: Leave with pay may be authorized in
order that regular employees may serve required jury duty ,
provided that such leave is reported in advance to the department
head . If excused from jury duty an employee must report at the
next regular shift . In order to receive pay for such leave the
employee must deposit the money which he received for jury duty
with the City Treasurer .
Leave with pay, not to exceed three working days , may also
be authorized in case of death within the immediate family. The
immediate family shall consist of the spouse , parents ,
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grandparents , children , grandchildren , brothers , sisters ,
stepbrothers , stepsisters and in-laws .
Section 6 . Leave without pay: A regular employee may be granted
leave of absence without pay for a period not to exceed one year
for sickness , disability or other good and sufficient reasons
which are considered to be in the best interests of the City .
Such leave shall require the prior approval of the department
head , the Personnel Director and the City Manager . A department
head , with the approval of the Personnel Director , may grant a
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regular employee leave without pay for a period not in excess of
fifteen calendar days in any one calendar year .
Leave of absence may be granted to a regular employee
without limitation as to time to enable him to take an appointive
position as defined in the City Charter , within the City Service.
Except under unusual circumstances , voluntary separation
from the City Service in order to accept employment not in the
City Service shall be considered as insufficient reason for
approval of a request for leave of absence without pay. If for
any other reason , leave of absence without pay is given , such
leave of absence may subsequently be withdrawn and the employee
recalled to service. All employees on leave of absence without
pay are subject to applicable provisions of these rules .
Section 7 . Prohibitions :
A. No person shall be appointed or promoted to, or demoted
or dismissed from any position in the classified service , or in
any way favored or discriminated against with respect to
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employment in the classified service because of his political or
religious opinions or affiliations or his race.
B. No person shall seek or attempt to use any political
endorsement in connection with any appointment to a position in
the classified service.
C. No person shall use , or promise to use , directly or
indirectly any official authority or influence, whether possessed
or anticipated , to secure or attempt to secure for any person an
appointment to a position in the classified service , or an
increase in or other advantage in employment in any such
position , for the purpose of influencing the vote or political
action of any person , or for any consideration .
D. Employees in the classified services shall not engage in
politically orientated activities while on duty.
E. No person elected to public office in the City of Dania
shall , during the term for which he was elected , be appointed to
any position in the classified service .
F. No person shall make any false statement , certificate ,
mark, rating , or report , with regard to any test , certification
or appointment made under any provision of the Charter and these
rules , or in any manner commit or attempt to commit any fraud
preventing the impartial execution of the provisions of the
Charter and these rules .
G . No person shall , directly or indirectly , give , render ,
pay , offer , solicit or accept any money , service or other
valuable consideration for or on account of any appointment ,
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proposed appointment , promotion , or proposed promotion to, or any
advantage in, a position in the classified service .
H . No employee , examiner , or other person shall defeat ,
deceive , or obstruct any person in his right to examination ,
eligibility, certification or appointment under the charter and
these rules , or furnish to any person any special or secret
information for the purpose of affecting the rights or prospects
of any person with respect to employment in the classified
service .
I . Any officer or employee who violates any of the pro-
visions of this section shall forfeit his office or position .
Section 8 . Employee rights of appeal : Any regular employee who "' •
is discharged , dismissed , demoted , or who claims that the rules
are improperly applied or misinterpreted to his detriment , as a
matter of law may appeal to the Civil Service Board within four-
teen calendar days after the employee is notified . Upon such
appeal , the department head , the appealing employee with counsel
if desired , and the City Manager shall have the right to be heard
and to present evidence and call witnesses . At the hearing of
such appeal , technical rules of evidence shall not apply . How-
ever , the Board , at its discretion , may establish procedures for
the hearing of any appeal , including the invoking of the exclu-
sionary witness rule , or other rule , which shall be in the best
interest of promoting justice .
The Board may invoke such rules , but the following list is
not exclusive:
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1 . Rules dealing with the time, place , date and length of
any hearing .
2 . Rules limiting the argument of the parties , or requiring
a memorandum or summary setting out the contention of each party
and a list of witnesses in advance of the hearing .
The employee shall have the burden of proof by establishing
beyond the greater weight of the evidence that the City' s actions
were illegal and unjustified under the provisions of the Civil
Services Board Rules . Both parties may present any evidence
which is relevant and material to the issues .
Rebuttal may be permitted at the discretion of the Board .
The Civil Service Board , each member of the Board , the secretary
to the Board , and the Personnel Director , in his or her capacity ,
shall have the power to administer oaths , subpoena witnesses , and
compel the production of books and papers pertinent to the
appeal . This Board, and its agents , shall have subpoena powers
through its adoption of the procedures - of the Florida
Administrative Procedures Act .
Any City employee shall appear without the necessity of a
subpoena upon the request of any party to the City Manager . The
costs for the production of any such witness shall be assessed or
waived against any employee by the Civil Service Board .
A subpoena , issued by the Board or any of its agents as
prescribed above , shall be served in accordance with the normal
procedures for the service of subpoenas . The failure of a person
to respond to a subpoena shall subject him to the sanctions of
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the Civil Service Board, including contempt .
The Civil Service Board shall make the final decision
disposing of the appeal . The Board may sustain or overrule the
decision against any employee . The Board may, in the case of
dismissal or suspension , and upon good cause shown , mitigate the
City' s action against an employee . If the Civil Service Board
finds that the action complained of was taken for any political ,
religious or racial reason or as a result of misinterpretation of
law or of these rules , or other insufficient reason , the employee
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shall be reinstated to his position without loss of pay.
I An appeal to the Civil Service Boa;:d may also be taken by a
regular employee who is suspended or laid off , or whose payroll
voucher the Personnel Director or City Manager refuses to
certify, and who claims that the suspension or lay-off or refusal
to certify payroll voucher was made for insufficient reasons . If
the Civil Service Board finds that the employee was suspended or
laid off or that the Personnel Director or City Manager refused
to certify his payroll voucher for insufficient reason , he shall
be reinstated without loss of pay.
A. Appeal procedure - Any regular employee wishing to take
an appeal to the Civil Service Board under the provisions of this
section shall submit such appeal in writing within fourteen
calendar days after receipt of disciplinary action to the
Personnel Director who shall notify the Chairman of the Civil
Service Board or the Secretary of the Board who shall be
responsible for arranging the hearing . Such appeal will state
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what action is being appealed and the general reasons therefore.
B. Time Factors - Any regular employee submitting an appeal
shall be granted a hearing by the Civil Service Board at the
earliest practicable date; and in all events , within sixty days
after the filing of the appeal . The hearing before the Board , if
Possible, shall be limited to one day. The Board shall transmit
its findings to the City Manager within five days of the
completion of the hearing and rendering of a decision .
The decision of the Board shall be final and binding on the
parties and no further administrative appeal shall be granted .
The Board may grant a rehearing within twenty days of their
decision upon good cause shown by either party.
Any appeal from a decision or ruling of the Civil Service
Board shall be filed in Circuit Court within 30 days from the
entry of the decision or ruling of the Civil Service Board .
Section 9 . Presentation of employeegrievances :
A. Policy: It shall be the policy of the City of Dania to
provide a procedure for the presentation and mutual adjustment of
points of disagreement which arise between employees and their
supervisors , department heads , City Manager , and City
Commissioners , and to assure employees that their problems and
complaints will be considered fairly , rapidly and without
reprisal .
B . purpose : The primary purpose of this grievance
procedure is to determine what is right rather than who is right .
Free discussion between employees and supervisors will lead to
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better understanding by both of practices , policies and
procedures which affect employees . This will serve to identify
and help eliminate conditions which may cause misunderstanding
and grievances .
This aforesaid purpose is defeated if a spirit of conflict
enters into the consideration of a grievance . Supervisors and
employees alike must recognize the true purpose of the grievance
procedure if it is to be of value in promoting the well being of
the organization.
The procedure set out here in Section 9 shall not be
available if the employee elects or commences to settle the
dispute or grievance by a grievance procedure , or similar
procedure , created by contract between the City and an employee
union .
C. Definition of grievance: A grievance is a complaint , a
view or an opinion pertaining to employment conditions , to
relationships between an employee and his supervisor or to
relationships with other employees . Employees should first
discuss any problem or complaint which is in the nature of a
grievance with their immediate supervisor . In many cases , the
immediate supervisor , with the employees consent , will be able to
work out a satisfactory solution or to advise the employee
regarding further presentation of his grievance .
D. Procedure for presentation of grievances :
1 . Discuss with supervisor : The employee shall first
take his grievance to his immediate supervisor who shall make a
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decision and advise the employee within three working days . It
is not necessary or desirable that the grievance be presented in
writing to the supervisor .
Supervisors are encouraged to consult with their
division heads , department heads , the Personnel Director , or any
other individuals who may be qualified to offer assistance or
information which will aid the supervisor to reach an mutually
equitable decision .
2 . Appeal to department head: If the grievance is not
resolved by the immediate supervisor to the satisfaction of the
employee , or if a decision is not made by him within three
working days , the nature of the grievance and the desired
solution may be submitted in writing by the employee to his
department head .
A duplicate copy should be sent by the employee to the
Personnel Director who shall review the grievance and immediately
notify the employee and his department head whether the grievance
is subject to established ordinances , administrative regulations ,
or these rules .
Upon receipt of notice from the Personnel Director that the
grievance is not subject to established ordinances , regulations
or rules , the department head shall then have the responsibility
for settling the grievance and shall inform the employee in
writing of his decision within five working days .
Grievances which are subject to charter , ordinance ,
administrative regulation , or these rules , shall be handled as
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provided therein.
3 . Appeal to the City Mana er: If the disposition of the
grievance by the department head is not satisfactory to the
employee, or if a decision is not made within five working days ,
the employee may, in writing , request his department head to
refer his grievance to the City Manager. All such requests will
be forwarded to the City Manager by the department head without
delay.
This request must be filed by the employee within five
working days after receipt of the department head' s decision and ,
in any case, not later than ten working days after he sent the
original request to the department head . A copy of his request .
for review by the City Manager shall be sent by the employee to
the Personnel Director .
The City Manager , upon being notified by the department head
of an appeal , may affirm, deny, or modify the decision of the
department head , or he may refer the appeal to the Personnel
Director for submission to a grievance committee. In the event
the department head has reached no decision within the allotted
five working days , the City Manager may decide the case himself
or refer the matter to the Personnel Director for submission to a
grievance committee. The City Manager will act upon an appeal
within ten working days .
4 . Appointment of grievance committee: When the Personnel
Director is so notified by the City Manager , he shall assemble a
grievance committee within ten days following receipt of such
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notice . A grievance committee shall be composed of three
members . One member shall be selected by the employee or his
representative, one member shall be selected by the department
head or his representative, and a third member , who shall serve
as chairman, shall be selected and mutually agreed upon by the
first two . If an agreement cannot be reached , the Personnel
Director shall appoint the third member .
The chairman of the grievance committee shall schedule a
hearing to be held within fifteen days , at a suitable time and
place, and shall so notify his committee members , the employee,
the department head , and the Personal Director .
S . Decisions of Grievance Committee : Within ten days
following the conclusion of the hearing , the grievance committee
shall supply the City Manager with four copies of its report and
recommendation, as approved by a majority of the committee. Upon
receipt of the committee' s report and recommendations, the City
Manager shall put in writing the course of action he intends to
follow and shall forward one copy of his decision and one copy of
the committee' s report and recommendations to the department
head; one copy of each to the employee, 'and one copy of each to
the Personnel Director . The fourth copy shall be retained by the
City Manager . The decision of the City Manager , following
consideration of the report and recommendations of the grievance
committee, shall be final and the employee shall have no further
right of administrative appeal .
E . Appeal to the Civil Service Board : The Charter and
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these rules grant to regular employees the right to have reviewed
by the Civil Service Board action leading to the removal ,
suspension , or reduction in rank of the employee . It is not
intended that the grievance procedure herein set out conflict
with, supersede, or in any way jeopardize this right . Rather , it
is expected that this procedure will apply to prevent problems
complaints or disputes from becoming so serious as to necessitate
a personnel action subject to Civil Service Board review.
Section 10. Employee performance rating : Employee performance
rating reports relative to the conduct , capacity and performance
of all regular employees shall be made by department heads at
least once each year on the form and in the manner prescribed by
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the Personnel Director .
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RULE 12 — SEPARATION AND DISCIPLINARY ACTION
Section 1 . Resignation : Any employee wishing to leave the City
.�" Service in good standing shall file with his department head , at
least two weeks before leaving , a written resignation stating the
date the resignation shall become effective and the reason for
leaving. Failure to comply with this procedure may be considered
cause for denying such employee future employment by the City .
Unauthorized absence from work for a period of three working days
may be considered by the department head as a resignation .
Department heads shall forward all notices of resignation to the
Personnel Director immediately upon receipt .
Section 2 . Layoff : An employee may be laid off in the
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classified service whenever such action is made necessary by
reason of shortage of work or funds , the abolition of a position,
or because of changes in organization ; however , no regular
employee shall be laid off while there are temporary , provisional
or probationary employees serving in the same position within the
department for which the regular employe is eligible and
available .
Whenever the layoff of one or more employees shall become
necessary, the appointing authority shall notify the Personnel
Director at least ten days in advance of the intended action , and
the reasons therefor . The Personnel Director shall thereupon
furnish to the appointing authority the names of the employees to
be laid off in the order in which such layoff shall be effected .
Any layoff shall be strictly by seniority.
Such layoff shall be made within classifications (other than
uniform Police and Fire classes) of positions and departments
..Y when probationary and regular employees are involved . Temporary
and provisional employees , irrespective of department , shall be
laid off , in that order , prior to layoff of probationary or
regular employees .
The order of layoff shall be in reverse order of total
continuous time served upon the date established for the layoff
to become effective; provided that , in the case of probationary
and regular employees , at such time that a service plan is
established the order of layoff shall be determined on the basis
of efficiency and seniority . The Personnel Director shall
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prescribe the method for computing efficiency and seniority and
shall prescribe the relative weighing of each .
Any interruption of employment not in excess of fifteen
calendar days because of adverse weather conditions , shortage of
materials or equipment , or for other unexpected or unusual
reasons shall not be considered a layoff .
For reductions in force effecting any department, the fore-
going procedure shall apply with the exception that Senior
classes will displace Junior classes . Example would be: if a
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Police Captain' s position was to be abolished, the incumbent ( in
^ seniority) would displace a Police Lieutenant who would displace
a Police Sergeant who would displace a Police Officer , who would
displace any probationary or provisional or temporary or be
separated as the case may require.
The City shall provide two weeks written notice to any
employee prior to said employee being laid off .
Section 3 . Suspension : The City Manager may, with recom-
mendation of the department head , for disciplinary purposes ,
suspend a regular employee without pay for such length of time as
the City Manager considers appropriate, but not to exceed sixty
days . A written statement of the reason for suspension shall be
submitted to the Personnel Director and to the employee affected
in each case by the department head , and such statement shall be
submitted within 24 hours of the time the suspension becomes
effective, excluding Saturdays , Sundays , or general holidays , as
provided by the rules or by City Commission authorization .
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A regular employee may, with the approval of the Personnel
Director and the City Manager , be suspended without pay for a
longer period pending the investigation or trial of any charges
against him. Such employee determined to be innocent of the
charges against him may be returned to duty with full pay for the
period of suspension.
Nothing contained herein prohibits such a suspension when a
department head deems such action necessary and is unable to
secure the approval of the City Manager as long as such approval
_ is obtained within seventy-two hours of the taking of such
action.
Section 4 . Dismissal or Discipline : Any employee may be
dismissed by the City Manager for cause. With regard to regular
shall take effect until at least ten days
employees no dismissal
from the date a written statement of the reasons therefor is
submitted to the Personnel Director and to the employee affected .
Although dismissals may be based on other causes , any one or
more of the following shall be sufficient :
A. Incompetency or inefficiency in the performance of
duties.
B. Conviction of any felony or of a misdemeanor involving
moral turpitude.
C . Willful violation of any of the provisions of the
Charter or these rules .
D . Willful violation of any lawful or reasonable regula-
tion , order or direction made or given by a superior officer
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where such violation has amounted to insubordination or serious
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breach of proper discipline or has resulted in loss or injury to
the public .
E . Public intoxication , or drinking intoxicating liquor
while on duty, or being addicted to the use of narcotics .
F . Want only offensive conduct or language toward the
public or fellow officers or employees , or abusive public
criticism of his superiors or public officials without first
taking such complaint through proper channels .
G. Carelessness or negligence in the use of property of the
City.
H. Attempting to induce any officer or employee of the City
to commit an act in violation of any lawful or reasonable
regulation .
I . Conduct , either while on or off duty, which reflects
discredit upon the City.
J . Hindering the regular operation of the department or
division because of excessive absenteeism.
K. Incapacity for the proper performances of duties because
of permanent or chronic physical or mental ailment or defect .
L. Being absent without leave or failing to report after
leave of absence has expired .
M. Failure to notify the department head and personnel
Director within one working day of suspension or revocation of
valid operator or chauffeur licenses (applies only to employees
whose job requires valid operator or chauffeur license. )
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N . Gross or repeated failure to comply with any department
rule .
Section 5 Demotion for inability to perform duties : The
department head , with approval of the City Manager , may , when he
has determined a regular employee is unable to successfully per-
form the duties of his position , demote the regular employee to a
position , the duties of which he is able to perform in a class
carrying a lower compensation . Status will be given the employee
in the new class . A written statement of the reason for demotion
shall be submitted to the employee affected and to the Personnel
Director , and such statement shall be submitted in accordance
with the provisions of Section 3 of this rule.
RULE 13 - AMENDMENT OF CIVIL SERVICE RULES
Section 1 . Amendments : Amendments or revisions to the rules may
be recommended for adoption by the Personnel Director , the City
Manager , the Civil Service Board or by the City Commission on its
own motion . Such amendments or revisions of the rules shall
become effective after public hearings before the Civil Service
Board and approved by resolution of the City Commission .
RULE 14 - SAVING CLAUSE
If any section or part of a section of these rules is held
by any court to be invalid or unconstitutional , the same shall
not invalidate or impair the validity , force and effect of any
other section or part of a section of these rules unless it
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clearly appears that such other section or part of a section is
wholly or necessarily dependent for its operation upon a section
or part of a section held invalid or unconstitutional ,
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