HomeMy WebLinkAboutO-137- An Ordinance of the City of Dania Amending the Civil Service Rules settings forth the principles and procedures that are to be followed by the City of Dania in its personnel programA
ORDINANCE 110. 137
AN ORDINANCE OF THE CITY OF DANIA AM�ENDING
THE CIVIL SERVICE RULES SETTING FORTH THE
PRINCIPLES AND PROCEDURES THAT ARE TO BE
FOLLOWED BY THE CITY OF DANIA IN ITS PER-
SONNEL PROGRAM; PROVIDING FOR EXCEPTIONS
TO THE PERSONNEL COVERED BY CIVIL SERVICE;
PROVIDING FOR A CIVIL SERVICE BOARD; PRO-
VIDING FOR A CLASSIFICATION AND COMPENSATION
PLAN; PROVIDING FOR AN APPOINTMENT SYSTEM;
PROVIDING FOR A SEPARATION AND DISCIPLINARY
ACTION; PROVIDING FOR A GRIEVANCE PROCEDURE;
PROVIDING FOR AN APPEAL PROCEDURE.
WHEREAS, the Civil Service Board has recommended numerous
changes in the existing Civil Service Rules and regulations and;
WHEREAS, such amendments would best be included by reen-
actment in its entirety, NOW THEREFORE,
BE IT ORDATNED BY THE CITY COMMISSION OF THE CITY OF
DANIA, FLORIDA:
Section 1. That the Code of Ordinances of the City of
Dania are hereby amended by adding thereto a Chapter to be known
as the "Civil Service Rules" attached hereto as Attachment "A".
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be and the same are hereby repealed to the extent of such conflict.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
take effect immediately upon its passage and adoption.
PASSED and ADOPTED on First Reading on the 22 day of
February , 1977.
PASSED and ADOPTED on Second and Final Reading on the
7 day of
ATTEST:
March 1977.
",I
Mayor -Commissioner
tor
A11D CORRECTIVENESS
City Attorney
CIty ot Dania, Fla.
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TABLE OF CONTENTS
RULE I GENERAL PROVISIONS
PAGE
Section 1. Purpose Of These Rules
Section 2. Positions Covered By These
Rules
J,
Section 3.
Approval Of.Rules
RULE 2 DEFINITIONS
Section 1.
Allocate
Section 2.
Certify
2
Section 3.
Class
2
Section 4.
Continuous'Service
2
2
Section 5.
Demotion
Section 6.
Eligible
2
Section 7.
Eligible Li�k
2
Section a.
Employment List
3
Section 9.
Hearing
.3
Section 10.
Permanent Position
.3
Section 11.
position
3
Section 12.
Probationary Employee
3
3
Section 13.
promotion
Section 14.
Promotional Examination
3
3
Section 15.
Promotion-1
a List
Section 16.
Provisional Employee
3-4
Section 17.
Regular -Employee
4
Section 18.
Status .
4
Section 19.
Temporary Employee
4
4
Section 20.
Temporary Position
4
Sedtion 21.
Vacancy
4
RULE 3 ORGANIZATION
FOR PERSONNEL ADMINISTRATION
Section 1.
The City.Commission
Section 2.
The City Manager
5
Section 3.
Section 4.
The Personnel Director
5
5-6-7
The Civil Service Board
7-8
RLrl,E 4 POSITIONS INCLUDED IN PERSONNEL SYSTEM
Section 1. The City Service
9
Section 2. Status Of Employee
In The City Service
10
�/RULE 5 THE CLASSIFICATION PLAN
U D"V, ose
Section
Section
1.
2.
A 1= r
Composition Of
The
Classification
Plan
Section
3.
Class Title
Section
4.
Class specifications
Section
5.
maintenance Of
The
Classification
Plan
GE
12-13
RULE 6 THE COMPENSATION PLAN 14
RULE 7 APPLICATIONS
Section 1.
Announ ' cempnt of Examinations15
Section
2.
Filing of Applications..
15
Section
3.
citizenship
15
Section
4.
Residence'
15
16
Section
5.
Minimum Qual-ifications
Application
16-17
Section
6.
Rejection o�
Section
7.
Notice of Rejection Of
Application
17
Section
B.
postponement And Cancel-.
lation Of Examinations
17
Section
9.
Veterans preference
17-18
Section
10.
Residents preference
18
RULE 8 ExAMINATIONS
section 1.
Recruitment By Ex amination
18-19
Section
2.
identity of Examinees Con-
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
RULE 9 ELIGIBLE LISTS
Section 1. Establishment of Eligible
Lists
Section 2. Duration of Lists
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section 5.
RULE 10 APPOINTMENTS
Section
section 2.
section 3.
Section 4.
Section 5.
section 6.
Section 7.
Section 8.
section 9.
section 10.
section 11.
section 12.
Section 13.
,X Section 14.
Section 15.
_�ection 16.
Reemployment Lists
Removal of Names From
Lists
Restoration of Names To
Eligible Lists
Procedure for Filling
Vacancies
priority of Lists
Certification From List
Incomplete Certification
Notice of'Certification
To The Eligible -
Waiver of -Certification
Provisional Appointment
Temporary Appointment
(Reserved)
Emergency Appointment*
Reinstatement
Transfer
Demotion
probationary period
Medical Examinations
Appropriate List
24
24-25
25
25
26
26-27
27
27
27-28
28
28-29
.29.
29
29
29-30
30
30-31
31-32
32-33
11 GENERAL
PROVIS101
PERSONNEL POLICIES AND NS
tZRULF,
Section
1.
Hours or, Work
33
34
Section
2.
Legal Holidays
34-35
section
3.
Vacation Leave
35-36-37
Section
4.
Sick Leave With Pay
37-38
Section
5.
Leave With Pay
38
Section
6.
Leave Withoull- Pay
39-40-41
Section
7.
Prohibitions
Rights of Appeal
41-42-43
section
B.
Employee
section
9.
Presentation of Employee
43-49
Grievances
Section
10.
Employee Performance
49
Rating
RULE 12 SEPARATION
AND DISCIPLINARY ACTION
491-50
section
1.
Resignatiol-1
50-51
Section
2.
Layoff
51-52
Section
3.
suspension
52-53-54
section
4.
Dismissal
Section
Demotion For inability
To Perform Duties
54
RULE 13 AMENDIMENT OF PERSONNEL RULES
54
Section
1.
Amendments
.77.
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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 th.at 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 bv
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, Ond any other
Department Head designated by the City commission.
Section 3. Approval of rules:
RULE 2 - DEFINITIONS
Section 1. Allocate shall mean the act of assigning each
position to its proper class.
Section 2. -Certif 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 responsibilit�es, requiring similar
qualification, which can be properly designated by one -title
j indicative of the nature of the %,,ork 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 sep�aration 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.
Section 6. Eligible shall mean a person listed on an active
eligible list.
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Section 7. Eligible list shall mean an employment list,
promotional list, reemployment list or re —instatement li.st.
Section 8. Employmentlist shall mean a list of persons who have
been found qualified by an entrance examination for appointment
to a position in a particular class.
Section 9 Hearing'means a public hearing held after public
notice, at which any person may have a reasonable.opportunity
to be heard.
Section 10. Permanent position shall mean any position vacant
uch by the budget or by the
or filled which is designated as s
City Manager.
Section 11. Position shall mean a group of duties assigned to
on or job.
one pers
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 1 year.
Section 13. Promotion shall mean the assignment of an employee
imum salary
to a position in a higher class having a higher max
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
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osition in a particular class
appointment to a p
hall mean any employee
isional emPloYET— s
Section 16, P
class,fied service without
filling a position in the
tablishment of an eligible list.
competition pending the es
lar em212Y—ee shall mean an employee who has
Section 1-7-__Requ
ion in the classified
been appointed to a permanent posit
service in accordance with the provisions of the rules after
completing a probationary period. They shall also gain
status in that class to which appoin�ed.
se . ction M.Status is a condition acquired by an employee
giving rights, in the manner the j:uIes'set forth, to a class.
ployee shall mean an employee.holding
Sec :ion I -
a position other than permanent, , except as provided in the
Rules, which is Of a temporary, seasonal, casual or emergency
nature.
poaruxy sition shall mean all positions that
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are not designated permanent.
4-- 1 Vaca . ncy shall mean a position existing or newly
created, whi . ch 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 6ommission 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
prescrib.ed by law and these rules.
Section 3. The Personnel Director: The City commission shall
appoint, in accordance with the provisions of the City Charter
a Personnel Director or administrator who shall also be
-who shall be responsible
secretary to the Civil Service Board
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 he 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 affect ing 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 ac—
cordance with these rules.
F. Provide for the establishment and maintenance of a
roster of all employees in the city service.
G. Provide such forms and procedures as he may consider
necessary, appropriate, or desirable to carry out the
personnel program.
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H. Develop and establish in cooperation with thd City
Manager and the various department heads such
training and educational programs for employees in
the city service as conditions warrant.
1. Prepare annual reports regarding the work of the
department.
J. Attend all meetings of the Civil Service Board.
K. Perform such other activities- with -reference to per—
sonnel administration not inco�nsistent with the City
Charter or these rules, as may be deemed necessary or
desirable to enforce the provisions of these rules,
as the City Manager may direct, or as may be required
by ordinance.
L. Prepare and recommend such rules or amendments to the
rules as may be necessary - or advisable to carry out
the intent and purposes of the city personnel program.
Section 4. The Civil Service Board:
The Civil Service Board shall donsist of five members who
shall be appointed as follows:
(a) Two members shall be appointed by the Commission;
(b) Two members shall be recommended for appointment
by the regular employees of the City of Dania.
in connection with such recommendation, the regular
employees shall conduct an election or vote, which
may be informal in nature, to determine the member
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who shall be recommen ded for appointment by the
regular employees of the city of Dania; and
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 thethree names presented
by the City commission. in considering the vote of
the regular employees as to such three namesi 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 personn'el program. it is the duty
of the Civil Service Board and it shall have the power
to.
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A. Hear appeals of any regular employele 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 Man.ager 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 recbmmendations to the personnel
director with respect thereto.
F. Make annual reports, and such special reports as
it considers desireable, to the commission and to
the City Manager concerning personnel administration
in the city service and recommendations for improve-
ment -therein.
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.
(6)' Assistant City Managers.
(d) Administrative Assistants to the City Manager.
(e) The City Attorney and Assistant C'.
Ity -�ttorneys.
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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13. Ti,- classified service shall comprise all OtLiLer positions
now existing or hereaf�er created not specifically in-
cluded in the exempt service.
Section 2. Status of emeloyees in the city service-r- 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 p�riod of at least
six months immediately prior to the date.of adoption of these rule.--�
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shall be considered to be regular employees and as such entitled
to the rights, benefits and privileges extended to such employees
by the City Charter and these rules. This excludes persons designa-
ted on Page 1, as follows: City Manager, Assistant*City Manager,
City Attorney, Assistant City Attorney, City Prosecuter, Public
Works Director, Recreational Director, Polic8 Chief, City Clerk,
Fire Chief, and all other Department Heads.
All persons,'excepting part time or temporary employees,
holding positions in the classified service on the effective date
of these rules and whose positions normally involve continuous
year round full time service and who have not served. continuously
for a period of six months immediately prior to the date of
adoption of these rules shall be considered to be probationary
employees and as such subject to the provisions of these rules
relating to satisfactory completion of a probationary period.
All persons holding positions in the classified service which
do not involve continuous year round full time service shall be
considered as temporary employees. 10
RULE 5 - THE CLASSIFICATION PLAN
�jr�pose�:, 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.
4 4o-- rinq-sification Plan:. The
ition 0
section 2. C2920—s
r%InSSification Plan consists Of:
classes of positions which are \ established by grouping
positions which are basically similar in' the kind of
work and level of difficulty and responsibilit Y, which
require similar experience -and training at time of recruitment
compensated fairly from within the same
and which may be
range of pay under similar working conditions.
B. Class titles which are descriptive Of the work performed
A.
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 classo
examples of work which are :Lllustrative of duties of
positions allocated to the class, requirements of work in
terms of knowledges, abilities and skills necessary for
and a statement of experience
performance of the work,
and training desirable for recruitment into the class.
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D. An allocation list showing the class title of,each position
in the city service, as identified by the name of the
employee holding that position.
Section 3. class title: Class titles shall be used in all
personnel, accounting, budget, appropriation, and financial
records. No person shall be appointed to, or employed in, a
position in the classified service under a title riot included in
the Classification Plan. Titles used in the cours'e* of departmental
routine to indicate authority, status kp the organization, or
administrative rank may continue to be used for such pqrppses
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 e�planatory 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 Pla� so.that it will
reflect on a current basis the duties being performed by each em—
ployea in the city service and the class to which each position is
allocated.
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1 Director sfiall pe.riodically revie. �Jje clas-,ifi-
The )�.rsonne
cation of positions and upon the basis of his or b her investigation,
the Civil Service Board appropriate and
he or she shall recommend to
Classification Plan in the form Of new
necessary amendments to the
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-
ended to the board providing that prior
tieth day after being recomm
thereto the board shall not have disapproved them-
ed Classificationi
nd re -allocations within the apprOv
,Allocations a
f
Plan shall be made as follows:
the -duties and respon-
The personnel Director shall stUdY
sibilities of each new position as it is created and ton the basis
ition in .1 the appropriate class . within
of this study place the POs
the classification Plan for the duties to be performed.
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 shal:l
be reported to the Personnel Director by department heads.
R-01
if these are determined to be permanente 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,
ng them ten days written notice and with consent of
by givi
the Civil Service Board,
the City Manager and approval of
place such position in its appropriate class.
RULE 6 — THE COMPENSATION PLAN
(See current Pay Plan)
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RULE 7 - APPLICATIONS
Section 1. Announceme nt Of examinations: Public n'
Qtice 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 ma�F deem advisable.
Section 2. . Filinq_aLtM!L�L� . All applicants* �Or Positions
in the classified service must file written application on the
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form prescribed by the Personnel Director within the ti.me.jimit
fixed in the examination announcement. Defective applications
may be returned to the applicant w . ith a notice to amen . d the same.
Amendments or corrections must be made within the time limit
fixed by the Personnel Director.
Section 3. Citiaftnahi2: All applicants must be citizens of the
United States.
Section 4. Residen-ce: 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
actua . lly reside during their period O*f 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 Qualift'Cations: The Personne-I 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 aPPlicati6n: The Personnel Director shall
reject anY application or applicant when he.'has de't'ermined:
A. That the application was not filed within the period
sPecified in the examination announcement or was not
filed on the prescribed form.
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
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 sa�,lication: Wlienever an
application or applicant is rejected notice of such'rejection and
the reaslons for the action shall be given to the applicant by the
Personnel Director.
Sect -ion B. Posteonement and cancellation of examinations: Any
examination may be postponed or cancelled at the discretion of
the Personnel Director. In eith�!r case each applicant shall be
notified of the postponement or cancellation and the reasons for
the action.
Seclu-ion 9. Veteran's -preference.,
A. "Veteran" defined. A veteran is any person who has
served in the United States Army, Air Force, Navy,
Marine corps, or Revenue Marine Service (Coast Guard),
it or in the Army or Navy Nurse Corps, in time of war, or
who served under the provisions of the Selective Service
Act of September 16, 1940, and who has received an
honorable discharge or a certificate of honorable active
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have served between the Periods fromiDecember 7, 1941
to December 31,
1945, and/or June 27, 1950 to
October 31, 195 3,through the end of Viet Nam war,
July 274- 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 p'assing earned
rating resulting from his examinati
ion. 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 ereference: Those persons who are
currently residents of the city
Of Dania and whose current
residence in the City of Dania has bee ' n continuous for a
period of one or more full years -and who presents;"ffLtisfactory
proof Of such residence and who receive a Passing grade on
entrance examinations shall have additional Points added to such
gra6e, 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 Cruitment by examinn+-;r,".
1-211 IRe 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
Directur. 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 det'etmination
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
f a ct..ors.
Section 2. Identity of examinees concealed: The identity of all
persons taking a competitive written test shall be concealed from
the examiners by the use of an id.entification 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 th'e 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.
19
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�M
section 3. Rating examinations: Appropriate pcie4tific
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
recruired passi'ng grade. in the case of promotional exam-
inations service credit shall be in addition td the above.
The final ratings of successful competitors whb have attained
a passing score of 70 or above shall. . be. rounded -off X0 whole
numbers according to the following; .50 and above,.the next
highest rating; below .50, the next lower rating: i'ee.p
81.51 - 82, 81.49 - 81.
section 4. Minimam grades on each section: 7he 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.
sect -ion 5. Notification of results: Each applicant taking
an examination shall be given written notice of the results
thereof, and if successful, of his final earned rating and his re-
lative position on the list.
20
rom)
Section 6. Inseection 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 examinati6ns:. Vacancies in higher
positions in the classified service shall be filled by the
i
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
recTuired period of service shall be not less than two full
years, and with one years minimum service between all other
senior classes. The Personnel Director may also prescribe
other reasonable requirements in the examination announcement.
21
Sec. A 8. Announcement of RK2-Motio
I exa'min� .-ons.- All
promotional examinations shall be publicized a� lea'st two
weeks in advance of the examination by posting an'nouncements
on a bulletin board in the City flail and in s uch 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
sh . all have a credit for continuous 61ty service added to such
grade which shall be computed as follows: one fourth 6f 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 labo*rers, domesLi-C-1
attendant or custodial work: Unskill6d and semi -skilled laborers,)
domestics, attendants or custodial workers may be appointed after
such non-competitive tests of fitness �s the Personnel Director
may prescribe.
Sec-tion 11. Non -assembled examin
nations:
A. Whenever the Personnel Director determines that possible
applicants are not available in sufficient numbers to
justify holding assembled examinations, he may conduct
examinations for such classes on a continuous non -
assembled basis.
B. The names of successful applicants shall be placed on
the appropriate eligible list in order of their relative
22
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 eliqible 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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o f the department. Any such list, exceptin g 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. ReemRloyment lists; A regular employee who has been
involuntarily separated from the city service w.ithout fault or
delinquency on his part shall hav� 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.
B. Appointment to a permanent position through certification
from a list for another class at the same or higher
salary.
I
F.
G.
in the case of promotional lists, upon separation,
other than layoff, from the city service.
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
qL-J--
any person's name is removed from a� eligible list -for any . one
or more of the causes mentioned in the,preceding section, he
shall immediately be notified thereof unless his where . abouts
within five days*froin date of
are unknown. Such person may,
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 reaso - ns for
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 fillinq vacancies: All vacancies in
the classified service shall be fillied 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 i
25
the form provided by the Personnel Director If the position
is permanent the Personnel Director shall certify to the
department head the proper number of names from the appropriate
list or authorize some other kind of appointment as provided
in these rules.
Section 2. Priority of lists: Certification shall be made
from existing lists in the following order of preference:
1. Re-employment lists.
2. Promotional lists.
Employment lists.
4. Reinstatement lists.
Re -instatement lists may rank before or after employment lists
at time of certification by specific request.of the appointing
authority.
Section 3. Certification from the list: Upon receipt of a
valid requisition for an eligible.to fill a vacancy the Personnel
Director shall.certify to the requesting department head the
names and addresses of the eligibles on the list for the class
who aualify under the Rule of Three Scores and have indicated
a willingness to accept appointment.
The "Rule of Three Scores" provide�s 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 certij..Led when there is not the required number on the list.
A person may not be skipped over more than once., And he shall
receive a full written explanation as to why.
In the case of insufficient scores on a promotional list,
the Personnel Director may'augment those scores by a sufficient
number from the appropriate e"mployment list . in'order to make
a complete certification. The department head shall select
from the eligibles certified to him, the number bf persons
required for the vacancies to be filled and recdm�iended to the
City Manager through the Personnel'Dir'ecto r that they be appointed.
Section 4- 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 otber manner provided by these
rules.
Sect-= 5. Notice of certification to the eligible: Whenever
the name of an eligible is certifi.ed the eligible shall be sent
written notice of his certification. Such notice shall.statc-
the time within which he must report for an interview.
Section 6. Waiver of certij"ication: 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
7
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 provisionai 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
appo4ntments shall be terminated at such time as the reguired
certification and appointment can be made from a list and shall
be for not longer than I year.
Section S. TemporarV apeointm-ent: 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
RIE-0-
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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 appointment.
Section 9
Section 10. Emergency appointmen�: '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
i
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 em�ployees 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
t
,�-!:_F_7.. �
4
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 demotijon 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
probationary period of one year after appointment except those
positions filled through promotion. Probationary period shall
then be six months. The Personnel Director may grant status
to persons appointed from re-employment list or through transfer
without a probationary period.
30
The department head shall make such perio.dic eeports
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 �ity Manager may remove
an employee whose performance does not meet the reqUirdd work
standardso 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 promot�d to a higher class as a
result of appointment from a promotional list.is found un—
suited for the work of the class during the probationary period
he shall be reinstated to a vacant position in the class from
which he was promoted.
Section 15. Medical examinations: Applicants for positions in
the city service may be required to undergo a medical examination
to determine physical and mental fitness to perform,work in the
position to which appointment is to be made.
All employees Of the city during their period of employment
may be rerTuired by their department head with the approval of
31
the Personnel Director to undergo periodic medical examinations
to determine their physical and mental fitness to perform the
work of the position in which they are employed. Suc� 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.
J-�hen 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 Direct.or*hl*-'; intention
to submit the question of his physical or mental unfitness to a phy-
sician of his own choice. in the event there is a- difference of op-
inion between the examining physician and the physician chosen by
the employee, then a physician shall be mutually designated by the
examing physician and the physician chosen by the employee whose de-
cision shall be. final and binding as to the physical or mental fitness
of the employee to perform the work of the position in which he is em-
ployed.
Applicants and eligibles determined to be physically or mentally
unfit for service shall not be consideud 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 froin the city service.
Section 16. Appropriate list- The Personnel Director may cer-
tify to a vacancy applicants from eligible lists of classes
32
other than the class of vacancy, if, in his or her . judgment,
the lists are appropriate due to similar qualifistations and/or
examination . and a higher classification than the class Of
vacancy, and there is an'insufficient list for the specific
class vacancy.
I
RULE 11 - GENERAL PERSONNEL POLICIES AND PROVISIONS
Se tion 1. Hours of work: (See current Pay Plan) The City
Cti �11 I
Manager shall establish hours of work, which insofar as prac-
ticable shall be uniform within occupational groups, which
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. Fmployees who work'over stipulated hours when-
onal service of an occasional
ever necessity demands additi
nature shall be compensated at the overtime rate or given
compensatory time off in accordancewith 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 worIced at the
regular rate or as provided in Section 3 of this rule. Hourly
rate employees must work their regular work days immediately
before and after the holiday in order to receive pay for the
holiday. Part-time employees shall not be entitled to holidays
with pay.
33
0
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 OF REGULAR FULL TIME EMPLOYMENT VACATION LEAVE
More than 1 year but less than 5 years 2 weeks
More than 5 years but less than.20 years 3 weeks
More than 20 years 4 weeks
Members of the Police Department and Fire Department and
such other employees required to.be on regular duty on legal
holidays shall receive additional compensation or such holiday
work or shall be credited with additional vacation leave at
the rate of one additional vacation day for each holiday
worked.
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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0
apprL, of the departmen't 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 1-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 t he
leave earned in two calendar years. In the event an em—
Ployee has been unable to take' ad�antage of vacation leave
as earned, with the result that said -employee has accumulated
the maximum, he may absent himself �rom work, after giving his
supervisor 3 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
te-1,1.0orary 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 fj ve
years service. One day per month shall be granted to employees
35
4
-1
with five years of
service completed, maximum accumulafion of 90 day.'
Upon retirement or. termination in gobd st�anding, the
e . mployee will be reimbursed for all si&k leave accrued i
f
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)'Vays;.
3. The employee will be notified annually of 'thd amount of
sick leave accrued.
Sick leave shall not be considered as a right which an employee
may use 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 dis'ease, or in the
case of illness. with the immediate family.- No mote than five workin
9"
days in any calendar year may be taken as sick leave because of
illness within the immediate family.
In order to be granted sick leave with pay an employee must
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.
C File a written request for such sick leave on the form
and in the manner to 'be prescribed and 'in th'e 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 accordan6�e with the provisions of this
i
section; provided that no sick leave with pay shall be g`ra�ted such i
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.
In computing sick leave taken uniformed members of the Pire
Department.- shall be charged two days sick leave for each shift not
worked because of illness. All other employees shall be charged one
day sic'r%- leave for each day not worked because of illness.
claiming sick leave when physically fit shall be cause for
discharce.
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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. . -1, �. �
Director. In order to receive Pay for such leave the . employee
must deposit the money which'he received -1�or jury dutY with
the City Treasurer.
Leave with pay not to exceed thr ee working days in any*
calendar year . may also be authorized in case of death within
the immediate family.
Section 6. Leave KLLLR�!� A regular employee may be
granted leave of absence witho t
u �ay for a period not to
exceed one year for sickness, disability'or other good and
sufficient reasons which are considd'red to be in the best
interests of the city. Such leave shall require thl� 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 fift'een calendar days in any
one calendar year.
Leave of absence may be granted to a regular 6mPl0Yee with -
Out 'Limitation as to time to enable him to take an appointive
Position in 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 pa
Y 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.
38
9
Section 7. Prohibitions:
A. No person shall be 'appointed or promo�ed t'O, or
demoted or dismissed from any position in the
classified service, or in any way favored or cliscriminated
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 �ttempt to use any Political
endorsement in connection with any appointment to a
position in the classified �ervice.
C. No person shall use or promise to use, directly or
indirectly any official authority or influence, whether
possessed or anticipatedi 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
purpo.se of influencing the vote Or Political action
of any person, or for any consideration.
D. No employee in the clas
sified service, and no member
of the Civil Service Board shail, 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 solicitincy nni,
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F_:j
F.
G.
H.
I .
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
I
office, or shall take part in the management of
affairs of any political party or in any political campai4
except to exercise his right as a citizen privately to
express his opinion and to cast his vote.
No person elected to public office shall, during the
term for which he was elected, be appointed to any
position in the classified service.'
No person shall make any false statementi 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.
No person shall, directly or indirectly, give, render,
pay, offer, solicit or accept,any money, service or
other valuable considerdtion 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.
No employee, examiner, or other person shall defeat,
deceive, or obstruct any person in his right to ex-
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
se rvice.
J. Any officer or employee who violates any of the
provisions 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
10 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
present evidence. At the hearing of such appeal, -technical
rules of evidence shall not apply. The Civil Service Board,
each member of the board, and the Personnel Director in his
or her capacity as the secretary of the board shall have power
to administer oaths, subpoena witnesses, and compel the pro-
duction of books and papers pertinent to the appeal. The civil
Service Board shall make the final decision disposing of the
appeal. If the Civil Service Board finds that the action com-
plained of was taken for any political, religious or racial
reason or as a result of mis-interpretation of law or of these
7
A
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-o.ff, 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
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 fi . ndings
to the City Manager within three days of tile 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 grievances:
A. Za�ic�- 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
employees and their supervisors, -and to assure employees
that their problems and com�laints will be considered
fairly, r.apidly and without reprisal.
B. Lurpose: The primary purpose of this grievance procedure
is to determine what is right rather than who is right.
Free discussion between employees and supervisor will lead
to better understanding by both of practices, POlicies and pro-
cedures which affect employees. This will serve to identify
and help eliminate conditions which may cause misunderstandings
and grievances.
This Purpose is defeated if a spirit of conflict enters
into the consideration of a grievance. Supervisors and
employees alike must recognize the true Purpose of the
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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 grievanc I e by a grievance . procedure, or
een the City and
similar procedure, created by contract betw
an employee union.
PLEASE NOTE: CONTINUATION OF SECTION 9 IS ON -NEXT PG.
0
C. Definition of a 2rievance: A grievance is a complaint,
a view or an opinion pertaining to empl6yment 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
solution or to advise the'employee regarding.Further
presentation of his grievance.
Whether or not the employee takes his problem first
tb the Personnel Director, the following procedure will
be adopted for the presentation of all grievances not
resolved by the Personqel Director.
rA
D. Procedure for presentation of qrievances:
1. Discuss with supervisor: The employee shall first takei
his grievance to his immediate supervisor who shall make
a decision and advise the employee within three working
days. It is not necessary or desirable that the
grievance be presented in writing to the supervisor.
Supervisors are encouraged to consult with their
division heads, department heads, the Personnel
Director, or any other individual who may be qualified
to offer assistance or information which will aid the
2. Aepeal 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 wh� shall review.the grievance
and immediately notify thb employee and his department
head whether the grievance i k s subject to established
ordinances, administrative regulation� 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. Ap2eal 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
k
N
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
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. Appointment of a qrievance committee: When the Personnel Director
is so notified by the City Manager, he shall assemble a grievance
committee within 10 days following receipt of such notice. A
grievance committee shall be composed of three members. One mem-
ber shall be the employee or his representative, one member shall
be the department head or his representative, and a third member
who shall serve as chairman, shall be selected and mutually agreed
upon by the first two. if an agreement cannot be reached, the
Personnel Director shall appoint the third member.
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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 recommendatioAi', as approved by a
major'ity of the committee. Upon receipt of the'co - �nmittee'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 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 tl�e report and recommendations
of the grievance committee, shall be final and the employee
shall have no furtber right of administrative appeal.
E. *Appe_a_l 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
set out, conflict with, supersede, or in any way jeopar-
dize this right. Rather, it is expected that this pro-
cedure 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 one each year on the form and in the manner prescribed
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 whe.re it is not contrary to the city charter or
these rules.
RULE 12 - SEPARATION AND DISCIPLINARY ACTION
Sect -ion 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. railure to comply with this procedure may
be considered cause for denying such employee future emp'loyment
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 qll notices
o5r resignation to the Personnel Director immediately upon
receipt.
Section 2. Layoff: An appointing authority may lay off any
employee in the classified service whenever such action is
made necessary by reason of shortage of work or funds, the
abolition of a position or because of changes in organization;
however, no regular employee shall be laid off"while there are
temporary, provisional or probationa. .1 ry 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
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 there-
upon furnish to the appointing authority the names of the
employees to be laid off in the order in which such layoff
shall be effected.
Such layoff shall be made within classifications (other
than uniform Police and Fire classes) of positions and
departments when probationary and regular employees are in-
volved. Temporary and provisional employees, irrespective of
department, shall be laid off, in that order, prior to layoff
0
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 pro-
bationary and regular employees, at such time that a service
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
I
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.
For reductions in force effecting Police and Fire uniformed
classes the foregoing procedure shall apply with the exception
that Senior classes will displace Junior classes. Example
would be: if a Police Captain's position is to be abolished,
the incumbent (in seniority and merit) would displace a Police
Lieut-enant who would displace a Police Sergeant who would dis-
place a Police Officer, who would displace any probationary or
provisional or temporary or be separated as the case may require.
Section 3. Suspension: The City Manager ma�, 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 in any twelve month period. A
written statement of the reason for suspension shall be submitted
51
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to the Personnel Director and to the employee affected in each case,
within 24 hours of the time the
such statement to be submitted
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 approv,,,Al 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 char�es-against him may be returned
to duty with full pay for the period of % suspension.
Section 4. Dismissal: Amy employee may be dismissed' by the City
Manager for cause. With regard to regular employees no dismissal
shall take effect until at least ten days from the date a written
statement of the reasons therefor is submitted to the Personnel
Director and to the employee affected.
Although dismissals may be based on other causes, any one or more
o-Lr- the following shall be sufficient:
A.
incompetency or
inefficiency in the
performance of duties.
B.
conviction of a
criminal offdnse or
of a misdemeanor in—
volving moral turpitude.
C. Willful violation of any of thd provisions of the charter or
these rules.
D. willful violation of any lawful and reasonable regulation, order
F-
proper discipline or has resulted in loss or irJury
to the public.
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
of the City.
H. Failure to pay or make reasonable provision for the fut-
ure payment of just debts.
1. Attempting to induce any officer or employee of the
City to commit an act in violation of any lawful or
reasonable regulation.
J. Conduct, either while on or.off duty, which reflects
discredit upon the City.
Y. 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.)
Section 5. *Demotion for inability to 2erform_duties: The
City Manager may-, when he has determined a regglar employee
is unable to successfully perform the duties o.f.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 �_las's.. A written
statement of the reason for demotion shall be submitted to
the employee affected and to the Personnel Director, such
statement to be submitted under the same provisions of
Section 3 of this rule.
RULE 13 - AMENDMENT OF PERSONNEL RMES
Section 1. Amendments:- Amendments or revisions to the rules
may be recommended for adoption by the Personnel Director,
the City Manager the Civil Service Board or by the City
commission of its own motion. Such amendments or revisions
to the rules may be recommended for adoption by the Personnel
Director, the City Manager, the Civil Service Board or by thd
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 nece'ssa�ily dependen,t.for its
operation upon a section or part of a section so held invalid
or unconstitutional.
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