HomeMy WebLinkAboutO-1981-270 I
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ORDINANCE NO. 270
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AN ORDINANCE OF THE CITY OF DANIA, FLORIDA
AMENDING THE CIVIL SERVICE RULES SETTING .
3 FORTH THE PRINCIPLES AND PROCEDURES THAT ARE
TO BE FOLLOWED BY THE CITY OF DANIA IN ITS
PERSONNEL PROGRAM; PROVIDING FOR EXCEPTIONS
TO THE PERSONNEL COVERED BY CIVIL SERVICE ;
PROVIDING FOR A CIVIL SERVICE BOARD ; PROVIDING
FOR A CLASSIFICATION AND COMPENSATION PLAN;
PROVIDING FOR AN APPOINTMENT SYSTEM; PROVIDING
FOR A SEPARATION AND DISCIPLINARY ACTION; `
PROVIDING FOR A GRIEVANCE PROCEDURE ; PROVIDING
FOR AN APPEAL PROCEDURE ; PROVIDING THAT ALL
ORDINANCES OR PARTS OF ORDINANCES AND ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH BE REPEALED TO THE EXTENT OF SUCH
1 CONFLICT; AND PROVIDING THAT THIS ORDINANCE
SHALL TAKE EFFECT RETROACTIVE TO MARCH 7, 1977. F
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WHEREAS , Ordinance No. 137 was passed and adopted on
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second and final reading on March 7 , 1977 ; and
WHEREAS , the Sun Tattler Newspaper failed to publish the 6
required notice as requested by the City of Dania; and
WHEREAS , the Civil Service Rules as approved and adopted I
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' by said Ordinance No . 137 have been used and followed by the
city administration and the Civil Service Board since March 7 ,
1977 ; and t
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WHEREAS , the City Commission of the City of Dania , Florida,
desires to readopt said civil service rules as adopted on March 7,
1977 , retroactive to that date.
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COMMISSIO14 OF
THE CITY OF DANIA, FLORIDA:
Section 1 . That pursuant to the authority granted by
Chapter 166, Florida Statutes 1979 ("The Municipal Home Rule
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Powers Act") and Part 1 , Article 3 , Section 2(n) of the Charter �
of the City of Dania, Florida, the Code of Ordinances of the City
of Dania 'is hereby amended by adding thereto a Chapter to be
jknown as the "Civil Service Rules" , a true copy of which is
attached hereto and made a part hereof as Attachment "A" .
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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be and the same are hereby repealed to the extent of such conflict .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 ordinance shall be in force and I
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take effect retroactive to March 7, 1977 , upon its final passage
and adoption.
PASSED and ADOPTED on First Reading on the 14th day of
j July, 1981 . Advent ised heading passed the 28th day ob Jubt, 1981.
PASSED and ADOPTED on Second and Final Reading on the 14th ((
day of July, 1981 . AdveAttsed heading pa3sed the filth day o6 Augwst, 1981.
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/--�AfA�O�F - COMMISSIONER
ATTEST :
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CITY CLERK =AUDITOR
APPROVED FOR F, �
OpRM AND CORRECTNESS :
FRANK C . ADLER, City Attorney
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"ATTACHMENT "A"
TABLE Or CvninNlb
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RULE 1 GENERAL PROVISIONS
Section 1. Purpose of These Rules 1
Section 2 . Positions Covered By These
Rules 1
Section 3. Approval of. Rules 1
RULE 2 DEFINITIONS
Section 1. Allocate 2
Section 2. Certify 2
Section 3. Class 2
Section 4. Continuous Service 2
Section 5. Demotion 2
Section 6. Eligible 2
Section 7. Eligible List 3
Section 8. Employment List .3
Section 9. Hearing 3
Section 10. Permanent Position 3
Section 11. Position 3
Section 12. Probationary Employee 3
Section 13. Promotion 3
Section 14. Promotional Examination 3
Section 15. Promotional List 3-4
Section 16 . Provisional Employee 4
Section 17. Regular Employee 4
Section 18. Status • 4
Section 19. Temporary Employee 4
Section 20. Temporary Position 4
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Section 21. Vacancy 4
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RULE 3 ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1. The City. Commission 5
Section 2. The City Manager 5
i Section 3. The Personnel Director 5-6-7
Section 4. The Civil Service Board 7-8
RULE 4 POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1. The City Service 9
Section 2. Status of Employee
In The City Service 10
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I ✓ PULE 5 THE CLASSIFICATION PLAN
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Section 1. The Purpose 11
Section 2. Composition Of The
Classification Plan 11-12
Section 3. Class Title 12
Section 4. Class Specifications 12
Section 5. Maintenance Of The
Classification Plan 12-13
RULE 6 THE COMPENSATION PLAN 14
RULE 7 APPLICATIONS
Section 1. Announcement of Examinations15
Section 2, Filing of Applications. . 15
Section 3. Citizenship 15
Section 4. Residence 15
Section 5. Minimum Qualifications 16
Section 6. Rejection o� Application 16-17
Section 7. Notice of Rejection Of
Application 17
Section 8. Postponement And Cancel-
lation Of Examinations 17
Section 9. Veterans Preference 17-18
Section 10. Residents Preference 18
I RULE 8 EXAMINATIONS
Section 1. Recruitment By Examination 18-19
Section 2, Identity Of Examinees Con-
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cealed ' 19
Section 3. Rating Examinations 20
Section 4. Minimum Grades On Each
Section 20
Section 5. Notification of Results 20
Section 6. Inspection of Papers 21
Section 7. Promotional Examinations 21
Section 8. Announcement of Promotional
Examinations 22
Section 9. Service Credit In Promo-
tional Examinations 22
Section 10. Unskilled- and Semi-Skilled
Laborers, Domestics,
Attendants or Custodial
Work 22
Section 11, Non-Assembled Examinations 22-23
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PULE 9 ELIGIBLE LISTS
Section 1. Establishment of Eligible
Lists 23
Section 2 . Duration of. Lists 23-24
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Section 3. Reemployment Lists 24
" Section 4. Removal of Names From j
Lists 24-25
Section 5. Restoration of Names To
Eligible Lists 25
RULE 10 APPOINTMENTS
Section 1. Procedure for Filling
Vacancies 25 j
Section 2 , Priority of Lists 26
Section 3. Certification From List 26-27
Section 4. Incomplete Certification 27
Section 5. Notice of Certification
To The Eligible 27
Section 6. Waiver of Certification 27-28
Section 7. Provisional Appointment 28
Section B. Temporary Appointment 28-29
Section 9. (Reserved) . 29.
Section 10. Emergency Appointment, 29
Section 11. Reinstatement 29
°" ✓ Section 12. Transfer 29-30
✓ Section 13. Demotion 30
✓ Section 14. Probationary Period 30-31
Section 15. Medical Examinations 31-32
Section 16. Appropriate List 32-33
tARLZE 11 GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1. Hours or Work 33
Section 2, Legal Holidays 34
Section 3. Vacation Leave 34-35
Section 4. Sick Leave With Pay 35-36-37
Section 5. Leave With Pay 37-38
Section 6. Leave Without Pay 38
Section 7. Prohibitions 39-40-41
Section 8. Employee Rights of Appeal 41-42-43
Section 9. Presentation of Employee
Grievances 43-49
Section 10. Employee Performance
Rating 49
FULE 12 SEPARATION AND DISCIPLINARY ACTION
Section 1. Resignation 49-50
Section 2. Layoff 50-51
Section 3. Suspension 51-52
Section 4. Dismissal 52-53-54
Section 5. Demotion For Inability
To Perform Duties 54
RULE 13 AMENDMENT OF PERSONNEL RULES
Section 1. Amendments 54
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RULE 14 SAVING CLAUSE 55
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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
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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.
Section 3. Approval of rules:
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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 certifigation is requested.
Section 3. Class shall mean a position or group of positions
having similar duties and responsibilities, requiring similar
qualification, which can be properly designated by one -title
indicative of the nature of the work and which carry the same
salary range.
Section 4. Continuous service shall mean employment in the
classified service which is uninterrupted except for authorized
leave of absence, suspension or separation due to lay-off;
however, time lost due to leave of absence, suspension or lay-
off shall not be included 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.
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Section 6. Eligible shall mean a person listed on an active
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eligible list.
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Section 7. Eligible list shall mean an employment list,
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promotional list, reemployment list or re-instatement list.
Section S. Employment list shall mean a list of persons who have
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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
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appointed to a permanent position and class in the classified
service for a period of 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,
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admission to which is limited to employees in the classified
service, who hold permanent positions in another class.
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Section 15. Promotional list shall mean a list of persons who
have been found qualified by a promotional examination for
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appointment to a position in a particular class.
Section 16 Provisional employee shall mean any employee
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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 16. 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
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a position other than permanent, except as provided in the
Rules, which is of a temporary, seasonal, casual or emergency
nature .
Section 20. Temporary position shall mean all positions that
are not designated permanent.
Sectior 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.
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RULE 3 - ORGANIZATION FOR PERSONNEL ADMINISTRATION
Section 1 The City Commission: The City Commissional shall:
A. Approve the personnel 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.
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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 law and these rules.
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Section 3. The Personnel Director: The City Commission shall
appoint, in accordance with the provisions of the City Charter
a Personnel Director or administrator who shall also be
secretary to the Civil Service Board who shall be responsible
to the City Manager for the administrative and technical
direction of the city personnel program. He or she shall be
known as the Personnel Director and shall:
A. Administer the provisions of these rules.
B. Develop and administer such recruitment and examination
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programs as may be necessary to obtain an adequate
supply of competent applicants to meet the needs of
` the city service.
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C. Prepare and recommend a Classification Plan and
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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
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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
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cordance with these rules.
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F. Provide for the establishment and maintenance of a
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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.
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H. Develop and establish in cooperation with the City
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Manager and the various department heads such
training and educational programs for employees in
1 the city service as conditions warrant.
I . Prepare annual reports regarding the work of the
department.
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J. Attend all meetings of the Civil Service Board.
K. Perform such other activities with reference to per—
sonnel administration not inccosistent with the City
Charter or these rules, as may be deemed necessary or
desirable to enforce the provisions of these rules,
as the City Manager may direct, or as may be required
by ordinance.
L. Prepare and recommend such rules or amendments to the
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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 members who
shall he appointed as follows:
(a) Two members shall be appointed by the Commission;
(b) Two members shall be recommended for appointment
by the regular employees of the City of Dania.
In connection with such recommendation, the regular
employees shall conduct an election or vote, which
may be informal in nature, to determine the member
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who shall be recommended for appointment by the
regular employees of the City of. Dania; and
(c) As to the fifth member, 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 need not receive
a majority vote. All five members, who shall be
elected as aforesaid, shall be appointed for a term
which shall end at the time newly elected commissioners
take office in the next general election of the city.
The members shall be appointed by resolution of the
City Commission. Any member may be reappointed to
Office. .' It is the principle function of the board to
serve in an appellate and advisory capacity in the ad-
ministration of the personnel program. It is the duty
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of the Civil Service Board and it shall have the power
to:
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A. Hear appeals of any regular employee in 'the method
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provided in these rules.
B. Represent the public interest in the improvement
of personnel administration in the city service.
9 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 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 desireable, to the Commission and to
j the City Manager concerning personnel administration
in the city service and. recommendations for improve—
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G. Adopt the Classification Plan and proposed amendments
or revisions thereto.
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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.
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(d) Administrative Assistants to the City Manager.
(e) The City Attorney and Assistant City Attorneys.
(f ) Consultants, counsel, architects, auditors, board
and committee members and the like rendering tem-
porary professional services for pay or not for pay.
Exempt personnel may not be assigned the duties of a vacant
classified position except in accordance with Civil Service
Rules and Regulations.
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t B. Tn. classified service shall comprise all otj.ar positions
now existing or hereafter created not specifically in—
eluded in the exempt service.
Section 2 Status of employees in the city service : All persons,
excepting part time or temporary employees, holding positions in
the classified service on the effective date of these rules, and
whose positions normally involve continuous year round full time
service, and who have served continuously for a period of at least
six months immediately prior to the date of adoption of these rules
shall be considered to be regular employees and as such entitled
to the rights, benefits and privileges extended to such employees
by the City Charter and these rules. This excludes persons designa—
ted on Page 1, as follows: City Manager, Assistant City Manager,
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1 City Attorney, Assistant City Attorney, City Prosecuter, Public
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Works Director, Recreational Director, Police Chief, City Clerk,
i Fire Chief, and all other Department Heads.
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All persons, excepting part time or temporary employees,
s holding positions in the classified service on the effective date
of these rules and whose positions normally involve continuous
year round full time service and who have not served continuously
for a period of six months immediately prior to the date of
adoption of these rules shall be considered to be probationary
employees and as such subject to the provisions of these rules
relating to satisfactory completion of a probationary period.
All persons holding positions in the classified service which
do not involve continuous year round full time service shall be
considered as temporary employees • 10
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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.
Section 2. Composition of the Classification Plan:. The
Classification Plan consists of:
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A. Classes of positions which are established by grouping
, .i positions which are basically similar in the kind of
work and level of difficulty and responsibility, which
require similar experience-and training at time of recruitment
and which may be compensated fairly from within the same
range of pay under similar working conditions.
B. Class titles which are descriptive of the work performed
and which identify each class.
C. Written class specifications for each class of positions
which contain a description of the nature of the work of
the relative responsibility of the positions in the class,
examples of work which are 'illustrative of duties of
positions allocated to the class, requirements of work in
terms of knowledges, abilities and skills necessary for
performance of the work, and a statement of experience
and training desirable for recruitment into the class.
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# D. An allocation list showing the class title of, each position
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in the city service, as identified by the name of the
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employee holding that position.
Section 3. Class title: Class titles shall be used in all
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records. No person shall be appointed to, or employed in, a
position in the classified service under a title riot included in
the Classification Plan. Titles used in the course• of departmental
routine to indicate authority, status in the organization, or
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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
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� ! 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
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! reflect on a current basis the duties being performed by each em—
ployee in the city service and the class to which each position is
allocated.
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The Personnel Director shall periodically reviE the classifi
cation 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 the board, and commission, the thir-
tieth day after being recommended to the board providing that prior
thereto the board shall not have disapproved them.
Allocations and re-allocations within the approved Classification
Plan shall be made as follows:
A. The Personnel Director shall study the- duties and respon-
sibilities of each new position as it is created and on the basis
of this study place the position in the appropriate class within
the Classification Plan for the duties to be performed.
B. Changes in the duties and responsibilities of a position
,.. involving either the addition of new assignments of the
taking away or modification of existing assignments shall
be reported to the Personnel Director by department heads.
If these are determined to be permanent, are more than
minor changes, and justify a re-allocation to a different
classification, the Personnel Director shall, after afford-
ing to the employee affected the opportunity to be heard,
by giving them ten days written notice and with consent of
Ithe City Manager and approval of the Civil Service Board,
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� place such position in its appropriate class.
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RULE 6 - THE COMPENSATION PLAN
(See current Pay Plan)
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RULE 7 - APPLICATIONS
Section 1. Announcement of examinations: Public notice of en-
trance examinations shall be given at least two weeks in advance
of the examination by publication in at least one daily newspaper
of general circulation in the city, by posting an examination an-
nouncement on the City Hall bulletin board and in such other places
and such other manner as the Personnel Director may deem advisable.
Section 2. Filing of application: All applicants for positions
in the classified service must file written application on the
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.
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Section 4. Residence: There shall be no requirement of residence
for filing application for a position in the classified service.
Appointees to positions in the classified service shall, within
60 days from the date of appointment, establish residence and
actually reside during their period of employment in Broward
County. This requirement may be waived in special cases by
approval of the City Commission and/or City Manager. Employees
in the class "Police Cadet" are exempt from this residence require-
ment.
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Section Minimum Qualifications• The Personnel Director may
after consultation with the department heads concerned prescribe
such limits of age and such other specific requirements, physical
or otherwise as in his judgment are required by the nature of the
work to be performed. Such requirements shall be shown in the
examination announcement.
Section 6. Rejection of application• The Personnel Director shall
reject any application or applicant when he has determined:
A. That the application was not filed within the period
specified in the examination announcement or was •not
filed on the prescribed form.
B. That the applicant lacks any of the required qualifica-
tions set forth in the examination announcement.
C. That the applicant is physically unfit to perform effec-
tively the duties of the position in which he seeks em-
ployment.
D. That the applicant is addicted to the habitual excessive
use of drugs or intoxicating liquor or has been convicted
of a misdemeanor involving moral turpitude or of a felony.
E. That the applicant has made a false statement of a ma-
terial fact, or practiced or attempted to practice any
fraud or deception in his application or test, or in
attempting to secure appointment, or, if appointed, may
cancel the certification and in effect cancel the appoint-
ment.
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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
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examination.
H. That the applicant has a work record from previous em—
ployers not consistent with the standards expected of
a city 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 B. Postponement and cancellation of examinations: Any
examination may be postponed or cancelled at the discretion of
the Personnel Director. In either case each applicant shall be
notified of the postponement or cancellation and the reasons for
the action.
Section 9. Veteran 's preference:
A. "Veteran" defined. A veteran is any person who has
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served in the United States Army, Air Force, Navy,
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Marine Corps, or Revenue Marine Service (Coast Guard) ,
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or in the Army or Navy Nurse Corps, in time of war, or
who served under the provisions of the Selective Service
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Act of September 16, 1940, and who has received an
honorable discharge or a certificate of honorable active
service. For purposes of eligibility, a 'veteran ' must
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have served between the periods from, December 7, 1941
to December 31, 1945, and/or June 27, 1950 to
October 31, 1953, through the end of Viet Nam war,
July 27, 1953 to August 5, 1973.
B. Veteran's preference and credits: Any such veteran,
taking an open competetive examination shall receive
five (5) points credit added to the passing earned
rating resulting from his examination. To receive
such credit, a certificate,or other authentic proof
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of service and honorable discharge must be- shown at
the time of filing application.
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Section 10. Resident's reference : 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 additional points added to such
grade, as follows:
1. Residents who do not receive veterans preference, , , .4 points
2. Residents who do receive veterans Preference. . . . . . . .I point
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 examinations which
shall be prepared by or under the direction of the Personnel
DirecEur. All examinations shall be impartial and shall
{
relate to those matters which will test fairly the capacity
and fitness of the applicants to discharge efficiently the
duties of the position to be filled.
Examinations may be assembled or non—assembled, 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 judge—
ment of the Personnel Director, enter into the determination
of the relative fitness of applicants. Promotional ex—
aminations shall take into consideration the quality and
length of employment, in addition to any or all of the above
r
factors.
Section 2. Identit of examinees concealed: The identity of all
>• persons taking a competitive written test shall be concealed from
the examiners by the use of an identification number which shall
be used on all examination papers. This number shall be used
i
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,
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Section 3. Rating examinations: Appropriate pcien,tific
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 70 the
required passing grade. In the case of promotional exam-
inations service credit shall be in addition to the above.
The final ratings of successful competitors who have attained
a passing score of 70 or above shall be rounded-off to whole
numbers according to the following: .50 and above, .the next
highest rating; below .50, the next lower rating: i:e.,
81. 51 - 82, 81.49 - 81.
Section 4 Minimum grades on each section: The Personnel
Director may determine the minimum qualifying grade for any
part or parts of an examination.. Any applicant who fails to
attain at least this minimum grade shall be considered to have
failed the examination and shall not be examined on any further
parts, if any are planned.
Section 5. Notification of results : Each applicant taking
an examination shall be given written notice of the results
thereof, and if successful, of his final earned rating and his re-
lative position on the list.
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Section 6. Inspection of papers: Any applicant shall have
the right to make one personal inspection of his .examination
papers within one month from the date of establishment of the
list. A manifest error in rating a test or test procedure
shall be corrected if called to the attention of the Personnel
Director within the inspection period. Such corrections shall
not invalidate any appointment previously made from such a list.
Section 7. Promotional examinations: Vacancies in higher
positions in the classified service shall be filled by the
promotion of employees in the service. Whenever in the judgment
of the City Manager and the Personnel Director it is in the
° best interests of the city not to promote within the service.
This requirement may be waived by the Civil Service Board.
When the determination is made that there will be a pro—
motional examination, the Personnel Director shall designate
the lower class or classes from which promotion is to be made
and shall establish the required period of service in these
classes which shall be not less than one full year provided
that in the case of persons regularly employed in the entering
positions in the uniformed Police and Fire services the
required period of service shall be not less than two full
years, and with one years minimum service between all other
fsenior classes. The Personnel Director may also prescribe
other reasonable requirements in the examination announcement.
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Sect II. Announcement of promotional examin' ins • All
1
promotional examinations shall be publicized at least two
weeks in advance of the examination by posting announcements
9� on a bulletin board in the City Hall and in such other places
and in such other manner as the Personnel Director deems
l
advisable. Copies of all such announcements shall be furnished
i
the departments affected.
Section 9. Service Credit in promotional exam inations• Regular
employees who receive a passing grade in promotional examinations
shall have a credit for continuous city service added to such
grade which shall be computed as follows: one fourth of one point
shall be added for each full year of uninterrupted service up
i� 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
1
such non-competitive tests of fitness as the Personnel Director
i
may prescribe.
Section 11. Non-assembled examinations•
A. Whenever the Personnel Director determines that possible
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applicants are not available in sufficient numbers to
justify holding assembled examinations, he may conduct
examinations for such classes on a continuous non-
assembled basis.
B. The names of successful applicants shall be placed on
the appropriate eligible list in order of their relative
22
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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 '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 not less than
six months nor more than one year. The Personnel Director may
extend such period by order made before the expiration of the
list except that the reinstatement list shall not exceed one
year. No list shall be extended to a time more than one year
from the original establishment thereof, and a statement of
the reasons for any extension shall be entered in the records
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of the department. Any such list, excepting those lists es-
tablished as the result of continuous non-assembled examination
which has been in force for more than six months shall be
deemed cancelled upon the establishment of a new eligible list
for the same class of positions.
Section 3. Reemployment lists• A regular employee who has been
involuntarily separated from the city service without fault or
delinquency on his part shall have his name placed on a re-
employment list for the same class of position he held at the
time of his separation. The name of� such employee shall be '
placed upon the list in the order of his total continuous time
serviced in the class. Such employee shall be eligible for
reemployment for a period of two years from the date of separation.
Section 4. Removal of names from lists: The Personnel Director
may at any time remove the name of an eligible from the list for
any one or more of the following causes:
A. At the request of the eligible.
B. Failure to respond to notice to appear for interview
within the time limited in such notice.
C. Declination of permanent appointment.
D. Failure to notify the Personnel Director of a change
of address.
F. Appointment to a permanent position through certification
1
from a list for another class at the same or higher
i
salary.
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Y .
F. in the case of promotional lists, upon separation,
other than layoff, from the city service.
G. In any case where the Personnel Director finds that
I
an eligible is or has in any manner become disqualified i
i
for the class for which he is listed, . in accordance I
I
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with Rule 7, section 6 of these rules.
Section 5 Restoration of names to eligible lists: Whenever
sany person' s name is removed from an eligible list• for any one
or more of the causes mentioned in the preceding section, he
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shall immediately be notified thereof unless his whereabouts
are unknown. Such person may, within five days from date of
removal, make a written request to the Personnel Director
for restoration of his name to such list for the duration of
his eligibility. The request shall set forth the reasons for
i
• the conduct resulting in removal of the name from the list
_. and shall further after full consideration of the request, may
restore the name. to the eligible list or may refuse such request.
The person shall be notified of the Personnel Director 's action.
RULE 10 - APPOINTMENTS
Section 1 Procedure for filling vacancies: All vacancies in
i the classified service shall be filled by original appointment,
promotional appointment, provisional appointment, re-employment,
re-instatement, transfer or demotion. Whenever a vacancy is to
be filled the department head shall make requisition upon the
Personnel Director for eligibles for appointment to the class
position for which the vacancy exists. Such requisition shall be upon
a1 25
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the form provided by the Personnel Director. If the position
is permanent the Personnel Director shall certify to the
department head the proper number of names from the appropriate
list or authorize some other kind of appointment as provided
in these rules.
Section 2. Priority of lists: Certification shall be made
from existing lists in the following order of preference:
1. Re-employment lists.
2. Promotional lists.
3. Employment lists.
4. Reinstatement lists,
Re-instatement lists may rank before or after employment lists +-4
at time of certification by specific request .of the appointing
authority.
Section 3. Certification from the list: Upon receipt of a
valid requisition for an eligible to fill a vacancy the Personnel
Director shall certify to the requesting department head the
names and addresses of the eligibles on the list for the class
who cualify under the Rule of Three Scores and have indicated
a willingness to accept appointment.
The "Rule of Three Scores" provideds that the names associated
with the three highest scores determined by Rule 8, Section 3
and Rule 9, Section 1, shall be certified to a vacancy; the
names within the next highest scores being certified for each
additional vacancy, provided however, that a fewer number may
26
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be certified when there is not the required number un the list.
A person may not be skipped over more than once. And he shall
receive a full written explanation as to why.
In the case of insufficient scores on a promotional list,
the Personnel Director may augment those scores by a sufficient
number from the appropriate employment list in order to make
a complete certification. The department head shall select
from the eligibles certified to him, the number of persons
required for the vacancies to be filled and recdmmended to the
City Manager through the Personnel Director that they be appointed.
Section A incomplete certification: When the number of names
° (irrespective of the number of scores) available for 'filling
any vacancy is fewer than three the department head, with the
approval of the civil Service Board, may decline certification
for that vacancy and request that the vacancy be filled by pro—
visional appointment or in any other manner provided by these
'_JV rules.
Section 5 Notice of certification to the eligible : Whenever
the name of an eligible is certified the eligible shall be sent
written notice of his certification. Such notice shall state
the time within which he must report for an interview.
Section 6. Waiver of. certification: Eligibles may waiver
certification upon 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
97
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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 7. Provisional appointment: Whenever there are urgent
reasons for filling a regular position in a class for which
appropriate lists or the required number of eligibles are not
then available, the Personnel Director may authorize the
vacancy to be filled by a provisional appointment.
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 1 year.
Section 8. Temporary appointment: Temporary appointments may be
made of persons whose employment is expected to be of a seasonal
nature or whose services are required to a special job or project
and when it is expected that the services of such persons will
be no longer necessary at the close of the season or upon com-
pletion of such special job or project for which they have been
28
appointed. Temporary appointments may also be made to fill
vacancies resulting from regular employees 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 ap
pointment.
Section 9
Section 10. Emergency appointment Emergency appointments may be
made by the City Manager in case of riot, conflagrations or other
emergency which threatens life, property or the general welfare
of the city. Such appointments shall continue only during the
Period of such emergency and shall not continue longer than
thirty calendar days.
Section 11. Reinstatement: Any regular employee who has resigned
in good standing may, within two years from the effective date
of his resignation, at his written request and with the approval
of the City Manager and the Personnel Director, be reinstated
to a vacancy provided there are no regular employees who have
been laid off and whose names appear on the re—employment list
for the class. Such reinstated employees shall be treated as
a new entrant.
Section 12. Transfer: A position may be filled by transferring
an employee from another position of the same class or similar
class with essentially the same basic qualifications excepting
that in no case shall an employee be transferred to a class having
29
a higher maximum salary than the class from which the transfer
is made. Transfers must be approved by the department head
affected, the Personnel Director and insofar as practicable
the employee concerned and shall be executed on the prescribed
form.
Section 13. Demotion:
A. A position may be filled by the demotion of a regular
employee in accordance with the procedure for demotion
as outlined in Section 5 'of Rule 12.
B. An employee may also be demoted upon his own initiative
with the approval of the Personnel Director and
department head concerned and shall receive status in
the new class, if he has status in present class.
Section 14. Probationary period: The probationary period shall
be regarded as an integral part of the examination process and
shall be utlized for closely observing the employee 's work,
for securing the most effective adjustment of the new employee
to his position, and for rejecting any employee whose per-
formance does not meet the required work standards.
All appointments shall be probationary and subject to a
1, probationary period of one year after appointment except those
positions filled through promotion. Probationary period shall
I
then be six months. The Personnel Director may grant status
i
to persons appointed from re-employment list or through transfer
without a probationary period.
The department head shall make such periodic reports
during an employee ' s probationary period as the Personnel
Director may require and shall notify the Personnel Director
at least ten calendar days prior to completion of the pro-
bationary period whether the services of the employee have
been satisfactory and whether he will continue the employee
in his position. Such notice shall be on the prescribed
form and a copy shall be given to the employee. At any time
during the probationary period, the pity Manager may remove
an employee whose performance does not meet the required work
standards, provided that he shall notify the employee and the
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 un-
suited for the work of the class during the probationary period
he shall be reinstated to a vacant position in the class from
which he was promoted.
Sec-tion 15. Medical examinations: Applicants for positions in
the city service may be required to undergo a medical examination
to determine physical and mental fitness to perform work in the
position to which appointment is to be made.
All employees of the city during their period of employment
may be required by their department head with the approval of
31
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the Personnel Director to undergo periodic medical examinations
to determine their physical and mental fitness to perform the
work of the position in which they are employed. Such periodic
medical examinations shall be .at no expense to the employee.
Determination of physical or mental fitness will be by a physician
or physicians designated by the Personnel Director.
When an employee of the city is reported by the examing physician
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 phy-
sician of his own choice . In the event there is a difference of op-
inion between the examining physician and the physician chosen by
the employee, then a physician shall be mutually designated by the
examing physician and the physician chosen by the employee whose de-
cision sh=11 be, final and binding as to the physical or mental fitness
of the employee to perform the work of the position in which he is em-
ployed.
Applicants and eligibles determined to be physically or mentally
unfit for service shall not be considezed for appointment. An em-
ployee finally determined to be physically or mentally unfit to con-
tinue in the position in which he is employed may be demoted in ac-
cordance with these rules or separated from the city service.
Section 16. Appropriate list: The Personnel Director may cer -
tify to a vacancy applicants from eligible lists of classes
32
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other than the class of vacancy, if, in his or her judgment,
the lists are appropriate due to similar qualifications and/or
examination and a higher classification than the class of
vacancy, and there is an insufficient list for the specific
class vacancy.
RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS
Section 1. Hours of work: (See current Pay Plan) The City
Manager shall establish hours of work, which insofar as prac-
ticable shall be uniform within occupational groups, which
1
shall be determined in accordance with the needs of the service,
and which shall take into account the reasonable needs of the
public who may be required to do business with various city
departments. Employees who work over stipulated hours when-
ever necessity demands additional service of an occasional
nature shall be compensated at the overtime rate or given
compensatory time off in accordance with Section 2-29.7 of
the Pay Plan. Employees shall be paid for legal holidays and
those called to work, except those of the Police and Fire
Departments, shall also be paid for the time worked at the
regular rate or as provided in Section 3 of this rule. Hourly
rate employees must work their regular work days immediately
I
before and after the holiday in order to receive pay for the
holiday. Part-time employees shall not be entitled to holidays
with pay.
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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 this ordinance each regularly employed full time .City of
Dania employee shall be entitled to vacation leave in accordance
with the following schedule:
LENGTH REGULAR FULL TIME EMPLOYMENT VACATION LEAVE
More than 1 year but less than 5 years 2 weeks
More than 5 years but less than .20 years 3 weeks
More than 20 years 4 weeks
Members of the Police Department and Fire Department and
such other employees required to. be on regular duty on legal
holidays shall receive additional compensation or such holiday
work or shall be credited with additional vacation leave at
the rate of one additional vacation day for each holiday
worked.
In computing vacation leave earned only those months shall
be counted during which an employee has worked three quarters
or more of his regular work days.
Vacation leave may be taken as earned subject to the
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appro. _� of the department head who shall schedule vacations
so as to meet the operating requirements of the department;
provided, that vacation leave shall not be granted to em-
ployees with less than l year of continuous service and that
it doesn't conflict with the operation of the city.
Employees may accrue vacation leave to a maximum of the
leave earned in two calendar years. In the event an em-
ployee has been unable to take advantage of vacation leave
as earned, with the result that said employee has accumulated
the maximum, he may absent himself from work, after giving his
supervisor 3 days notice, in order to prevent the' loss of
-41 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 to the
date of separation.
Section 4. Sick leave with pay: Sick leave with pay shall be
granted to regularly employed full time employees at the rate of
one working day for each completed month of service up to five
years service . One day per month shall be granted to employees
35
with five"years of service completed, maximum accumulation of 90 day.
1. Upon retirement or termination in good standing, the
employee will be reimbursed for all sick leave accrued
at the rate of pay at time of separation.
2. After employee has accrued forty-five (45) days of
sick leave, at his request, additional time will be
added to his vacation at the rate of two (2) sick days,
to equal one (1) vacation day. ' This applies to all
days over forty-five (45) days:
3. The employee will be notified annually of 'the amount of
sick leave accrued.
Sick leave shall not be considered as a right which an employee
may use at his discretion, but rather as a privilege which shall
be allowed only in case of personal sickness or disability, legal
quarantine because of exposure to' contagious disease, or in the
case of illness with the immediate family. No more than five working
days in any calendar year may be taken as sick leave because of
illn•_ss 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 not later than two hours
after the beginning of the scheduled workday of the reason
for absence or with lesser limits if required by the
department head.
B. Permit such medical examination, nursing visit or inquiry
which the city deems desirable .
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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 certifi—
cate signed by a physician stating the kind and nature of
his sickness or injury, that the employee has been in—
capacitated for work for the period of absence, and that
he is again physically able to perform his duties.
Employees serving a probationary period on an original appoint—
ment shall accrue sick leave in accordan6e with the provisions of this
section; provided that no sick leave with pay shall be granted such
1�t
employee until completion of 6 months of service . Temporary and part—
time employees shall not be entitled to sick leave privileges.
In computing sick leave accrued only those months shall be
counted during which an employee has worked three quarters or more
of his regular work days.
1 In computing sick leave taken uniformed members of the Fire
Department shall be charged two days sick leave for each shift not
worked herause of illness. All other employees shall be charged one
day sick leave for each day not worked because of illness.
I
Claiming sick, leave when physically fit shall be cause for
I
discharge.
Section Leave with pay: Leave with pay may be authorized in
order that regular employees may serve required jury duty, pro—
vided that such leave is reported in advance to the Personnel
37
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Director. In order to receive pay for such leave the employee
`i
must deposit the money which he received for jury duty with
the City Treasurer.
Leave with pay not to exceed three working days in any
calendar year may also be authorized in case of death within
the immediate family.
Section 6. Leave without pay: A regular employee may be
granted leave of absence without pay for a period not to
exceed one year for sickness, disability or other good and
sufficient reasons which are considered to be in the best
interests of the city. Such leave shall require the prior
approval of the department head, the Personnel Director and
the City Manager. A department head with the approval of the
Personnel Director, may grant a regular employee leave without
pay for a period not in excess of fifteen calendar days in any
one calendar year.
Leave of absence may be granted to a regular employee with-
out limitation as to time to enable him to take an appointive
position in the city service.
Except under unusual circumstances, voluntary separation
fl from the city service in order to accept employment not in
the city service shall be considered as insufficient reason
i
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.
I38
Section 7. Prohibitions:
A. No person shall be appointed or promoted to, or
demoted or dismissed from any position in the
classified service, or in any way favored or discriminated
against with respect to employment in the classified
service because of his political or religious opinions
or affiliations or his race.
B. No person shall seek or attempt to use any political
endorsement in connection with any appointment to a
position in the classified 6rvice.
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
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the classified service, or an increase in or other
i
advantage in employment in any such position, for the
purpose of influencing the vote or political action
of any person, or for any consideration.
D. No employee in the classified service, and no member
of the Civil Service Board shall, directly or in-
directly, pay or promise to pay any assessment, sub-
scription or contribution for any political organization
or purpose, or solicit or take part in soliciting any
such assessment, subscription or contribution of any
employee in the classified service.
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E. No employee in the classified service shall be a member
39 _-
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of any national, state or local committee of a
political party, or an officer or member of a
committee of a partisan political club, or a
candidate for nomination or election to any public
office, or shall take part in the management of
affairs of any political party or in any political campaig
except to exercise his right as a citizen privately to
express his opinion and to cast his vote.
F. No person elected to public office shall, during the
term for which he was elected, be appointed to any
position in the classified service. *
G. No person shall make any false statement, certificate,
mark, rating or report with regard to any test,
i
certification or appointment made under any provision
i
of the charter and these rules, or in any manner
commit or attempt to commit any fraud preventing the
impartial execution of the provisions of the charter
and these rules.
H. No person shall, directly or indirectly, give, render,
pay, offer, solicit or accept any money, service or
other valuable consideration for or on account of any
appointment, proposed appointment, promotion or pro—
posed promotion to, or any advantage in, a position in
the classified service.
I. No employee, examiner, or other person shall defeat,
deceive, or obstruct any person in his right to ex—
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amination, 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.
J. Any officer or employee who violates any of the
provisions of this section shall forfeit his office or
position.
Section S 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
j10 days after such action is taken. 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
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present evidence. At the hearing of such appeal, technical
rulers of evidence shall not apply. The Civil Service Board,
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each member of the board, and the Personnel Director in his
or her capacity as the secretary of the board shall have power
to administer oaths, subpoena witnesses, and compel the pro-
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s duction of books and papers pertinent to the appeal. The Civil
Service Board shall make the final decision disposing of the
appeal. If the Civil Service Board finds that the action com-
plained of was taken for any political, religious or racial
reason or as a result of mis-interpretation of law or of these
rules, or other insufficient reason, the employee shall be
reinstated to his position without loss of pay. when any
regular employee is dismissed and not ordered reinstated after
appeal by the board, the board may direct his name be placed
on an appropriate re-employment list which direction shall
be enforced by the secretary.
An appeal to the Civil Service Board may also be taken
by a regular employee who is suspended or laid off, or whose
payroll voucher the Personnel Director refuses to certify, and
who claims that the suspension or lay-off or refusal to certify
payroll voucher was made for insufficient reasons. •If the
Civil Service Board finds that the employee was suspended or
laid off or that the Personnel Director refused to certify his
payroll voucher for insufficient reason, he shall be re-
instated without loss of pay.
A. Appeal procedure - Any regular employee wishing to
f take an appeal to the Civil Service Board under the
provisions of this section shall submit such appeal
in writing to the Personnel Director who shall be
responsible for arranging the hearing. Such appeal
will state what action is' being appealed and the
general reasons therefor.
B. Time Factors - any regular employee submitting an
appeal shall be granted a hearing by the Civil Service
Board at the earliest practicable date; and in all
events, within thirty days after the filing of the
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appeal. The hearing before, the board, if pos'siblo, shall be
limited to one day. The board shall transmit its findings
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to the City Manager within three days of the completion of
the hearing.
C. The decision of the Board shall be final and binding on
on the, City and no further administrative appeal shall be
granted, although the Board may grant a rehearing within
twenty days of their decision upon good cause shown by
either party.
Section 9. Presentation of employee rievances:
A. Policy: It shall be the policy of the City of Dania to
provide a procedure for the presentation and mutual ad-
justment of points of disagreement which arise between
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employees and their supervisors, and to assure employees
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that their problems and complaints will be considered
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fairly, rapidly and without reprisal.
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B. Purpose : The primary purpose of this grievance procedure
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is to determine what is right rather than who is right.
Free discussion between employees and supervisor will lead
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to better understanding by both of practices, policies and pro-
cedures which affect employees. This will serve to identify
and help eliminate conditions which may cause misunderstandings
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j and grievances.
This purpose is defeated if a spirit of conflict enters
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j into the consideration of a grievance. Supervisors and
employees alike must recognize the true purpose of the
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grievance procedure if it is to be of value in promoting
the well—being of the organization.
The procedure set out herein 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.
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PLEASE NOTE: CONTINUATION OF SECTION 9 IS ON •NEXT PG,
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C. Definition of a 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 relationship with other employees. Employees
should first discuss any problem or complaint which
is in the nature of a grievance either with their im—
mediate supervisor or•with the Personnel Director. In
many cases, the Personnel Director, with the employees
consent, will be able to work out a satisfactory
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solution or to advise the employee regarding further
1 presentation of his grievance.
* i Whether or not the employee takes his problem first
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to the Personnel Director, the following procedure will
be adopted for the presentation of all grievances not
resolved by the Personnel Director.
D. Procedure for presentation of grievances •
1. Discuss with supervisor: The employee shall first take
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his grievance to his immediate supervisor who shall make
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a decision and advise the employee within three working
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days. It is not necessary or desirable that the
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grievance be presented in writing to the supervisor.
i Supervisors are encouraged to consult with their
division heads, department heads, the Personnel
f Director, or any other individual who may be qualified
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to offer assistance or information which will aid the
Isupervisor to reach a mutually equitable decision.
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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 regulation's or' these rules.
Upon receipt of notice from the Personnel Director
that the grievance is not subject to established ordi-
nances, regulations or rules, the department head shall
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 hand-
led as provided therein.
3. Appeal to the City Manager: If the disposition of the
grievance by the department head is not satisfactory
to the employee or if a decision is not made within 5
working days, the employee may, in writing, request his
department head to refer his grievance to the City
Manager. All such request will be forwarded to the
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City Manager by the department head without delay.
This request must be filed by the employee within 5 working
days after receipt of the department head' s decision and, in any
case, not later than 10 working days after he sent the original
request to the department head. A copy of his request for re-
view by the City Manager shall be sent by the employee to the
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
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5 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 10 working days.
4. Apr_ointment of a grievance committee : When the Personnel Director
is so notified by the City Manager, he shall assemble a grievance
co-mittee within 10 days following receipt of such notice. A
grievance committee shall be composed of three members. One mem-
ber shall be the employee or his representative, one member shall
be the department head or his representative, and a third member,
who shall serve as chairman, shall be selected and mutually agreed
upon by the first two. If an agreement cannot be reached, the
Personnel Director shall appoint the third member.
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The chairman of the grievance committee shall sche-
dule a hearing to be held within 15 days, at• a suitable
time and place, and shall so notify his Committee mem-
bers, the employee, the department head, and the Personnel
Director.
5. Decisions of grievance committee : Within 10 days fol-
lowing the conclusion of the hearing, the grievance
committee shall supply the city Manager with four copies
of its report and recommendation;, as approved by a
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majority of the committee. Upon receipt of the committee 's
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report and recommendations, the City Manager shall put in
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writing the course of action he intends to follow and shall
forward one copy of his decision and one copy of the com-
mittee 's report and recommendations to the department head;
one copy of each to the employee ; and one copy of each to
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 these
rules grant to regular employees the right to have re-
viewed by the Civil Service Board action leading to the
removal, suspension, or reduction in rank of the employee.
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It is not intended that the grievance procedure herein
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set out, conflict with, supersede, or in any way jeopar-
dize this right. Rather, it is expected that this pro-
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cedure will apply to prevent problems, complaints or
disputes from becoming so serious as to necessitate a
jpersonnel action subject to Civil Service Board review.
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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
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least one each year on the form and in the manner prescribed
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by the Personnel Director.
Such ratings may be considered in determining within-
range salary increases, as a factor in promotional examinations,
as factor in determining the order of lay-off in the case of a
reduction in force, and as a factor in any other personnel
transactions where it is not contrary to the City Charter or
these rules.
RULE 12 - SEPARATION AND DISCIPLINARY ACTION
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Sec"-on 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
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as a resignation. Department heads shall forward all notices
of resignation to the Personnel Director immediately upon
receipt.
Section 2. Layoff: An appointing authority may lay off any
employee in the classified service whenever such action is
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1 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 class of position for which the regular employee
is eligible and available.
Whenever the layoff of one or more employees shall become
j necessary the appointing authority shall notify the Personnel
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Director, at least ten days in advance, of the intended action
and the reasons therefor. The Personnel Director shall there-
.., '!
upon furnish to the appointing authority the names of the
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employees to be laid off in the order in which such layoff
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shall be effected.
Such layoff shall be made within classifications (other
than uniform Police and Fire classes) of positions and
departments when probationary and regular employees are in-
I volved. Temporary and provisional employees, irrespective of
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department, shall be laid off, in that order. , prior to layoff
of probationary or regular. employees.
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The order of layoff shall be in reverse order of total
continuous time served upon the date established for the
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layoff to become effective; provided that, in the case of pro—
bationary and regular employees, at such time that a service
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rating plan is established the order of layoff shall be deter—
mined on the basis of efficiency and seniority. The Personnel
Director shall prescribe the method for computing efficiency
and seniority and shall prescribe the relative- weighting of
each.
Any interruption of employment not in excess of fifteen
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.
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For reductions in force effecting Police and Fire uniformed
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classes the foregoing procedure shall apply with the exception
that Senior classes will displace Junior classes. Example
would be: if a Police Captain 's position is to be abolished,
the incumbent (in seniority and merit) would displace a Police
Lieutenant who would displace a Police Sergeant who would dis
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Place a Police Officer, who would displace any probationary or
provisional or temporary or be separated as the case may require.
Section 3 . Suspension: The City Manager may, for disciplinary
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purposes, suspend a regular employee without pay for such
length of time as the City Manager considers appropriate but
not to exceed sixty days in any twelve month period. A
written statement of the reason for suspension shall be submitted
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to the Personnel Director and to the employee affected in each case,
such statement to be submitted within 24 hours of the time the
suspension becomes effective, excluding Saturdays, Sundays, or
general holidays as provided by the rules or by City Commission
authorization.
A regular employee may, with the approval of the Personnel
Director, be suspended without pay for a longer period pending the
investigation or trial of any charges against him.. .Such employee
determined to be innocent of the charges against him may be returned
to duty with full pay for the period of. ,suspension.
j Section 4. Dismissal: Amy employee may be dismissed by the City
Manager for cause. With regard to regular employees no dismissal
shall ta'ce effect until at least ten days from the date a written
statement of the reasons therefor is submitted to the Personnel
j Director and to the employee affected.
Although dismissals may be based on other causes, any one or more
II of the following shall be sufficient:
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A. Incompetency or inefficiency in the performance of duties.
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B. Conviction of a criminal offense or of a misdemeanor in—
volving moral turpitude.
C. willful violation of any of the provisions of the Charter or
these rules.
D. Willful violation of any lawful and reasonable regulation, order
or direction made or given by a superior officer where such
violation has amounted to insubordination or serious breach of
52
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proper discipline or has resulted in loss or injury
to the public.
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E. Public intoxication, or drinking intoxicating liquor
while on duty, or being addicted to the use of narcotics.
F. Wantonly offensive conduct or language toward the public
or fellow officers or employees, or abusive public criti-
cizm of his superiors or public officials without first
taking up such complaint through proper channels.
G. Carelessness or negligence in the use of the property
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of the City.
H. Failure to pay or make reasonable provision for the fut-
ure payment of just debts.
I . Attempting to induce any officer or employee of the
City to commit an act in violation of any lawful or
jreasonable regulation.
J. Conduct, either while on or off duty, which reflects
discredit upon the City.
F. Hindering the regular operation of the department or
division because of excessive absenteeism.
L. Incapacity for the proper performances of duties
because of a permanent or chronic physical or mental
ailment or. defect .
M. Being absent without leave or failing to report after
leave of absence has expired.
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**N. Failure to notify the department head and Personnel
Director within one working day, of suspension or
revocation of valid operator or chauffer license
(applies only to employees whose job required
valid operator or chauffer license . )
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Section 5. *Demotion for inability to perform duties: The
! City Manager may, when he has determined a regular employee
is unable to successfully perform the duties of his position,
demote the regular employee to a position, the duties of which
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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
i the employee affected and to the Personnel Director, such
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statement to be submitted under the same provisions of
1
i Section 3 of this rule.
RULE 13 - AMENDMENT OF PERSONNEL RULES
Section 1. Amendments : Amendments or revisions to the rules
{
a may be recommended for adoption by the Personnel Director,
the City Manager the Civil Service Board or by the City
Commission of its own motion. Such amendments or revisions
to the rules may be recommended for adoption by the Personnel
Director, the City Manager, the Civil Service Board or by the
City Commission of its own motion. Such amendments or revisions
of the rules shall become effective after public hearings before
the Civil Service Board and approved by resolution of the
• City Commission.
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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 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 so held invalid
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or unconstitutional.
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