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Proclamation 10-11-61PROCLAMATION WHEREAS, the CITY OF BOYNTON BEACH, FLORIDA, has hereto- fore submitted to the Palm Beach County Legislative Delegation to the 1961 Session of the Florida Legislature, a certain local bill entitled "House Bill No. 572", constituting an amendment to said city's municipal charter; and WHEREAS, subject legislation has now been enacted into law, subject to its approval by the qualified electors of said city at a referendum election called for such purpose in accordance with law; and WHEREAS, Section 138 of the Charter of the CITY OF BOYNTON BEACH, FLORIDA, provides for the calling of such election by proclamation of the Mayor; NOW, THEREFORE, I, JOHN L. ARCHIE, Mayor of the CITY OF BOYNTON BEACH, FLORIDA, hereby proclaim that the issue hereinabove shall be submitted to the qualified electors of the CITY OF BOYNTON BEACH FLORIDA, for referendum at the general election in and for said city to be held on Tuesday, the 5th day of December, A. D. 1961, between the hours of 7 A.M. and 7 Po Mo at the Shuffleboard Pavilion at the corner of Ocean Avenu~ jwhich election is hereby called for said purpose; and S. E. 4th Street[ that a verbatim copy of said House Bill No. 572 referred to hereinabove is as follows: A BILL TO BE ENTITLED AN ACT RELY~ING TO THE CITY OF BOYNTON BEACH REPEALING SECTION t, CHAPTER 28910 SPECIAL ACTS OF 1953; AND AMENDING CHAPTER 24398 SPECIAL ACTS OF 1947 AS AMENDED, BEING THE EXISTING CHARTER OF SAID CITY~ BY ADDING AN i~DITIONAL SECTION AFTER SECTION 165, ARTICLE XVI, THEREOF TO BE NUMBERED 165-A, ESTABLISHING ~ CIVIL SERVICE AND MERIT SYSTEM FOR SAID CITY; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF ITS MUNICIPAL PERSONNEL: THE APPOINTMENT OF A PERSONNEL OFFICER AND THE CREATION OF A CIVIL SERVICE APPEALS BOARD AB~ FOR THEIR RESPECTIVE POWERS AND DUTIES: PROVIDING P0R THE ADOPTION OF CIVIL SERVICE PERSONNEL RULES AND REGULA' TIONS: SETTING FORTH CAUSE FOR SUSPENSION AND DISMISSAL AND PROVIDING FOR APPEALS THEREFROM: PROVIDING FOR A SAVINGS CLAUSE AND EFFECTIVE DATE THEREOF. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: GENERAL PURPOSE: The general purpose of this Act is to establish for the City of Boynton Beach, Florida, a system of personnel administration based upon merit principles and scientific methods governing the appointment, promotion, transfer, lay-off, removal, and discipline of its employees and other incidents of City employment. Ail appointments and promotions to positions in the City shall be made solely on the basis of merit and fitness to be ascertained by competent examination, except as hereinafter specified. SECTION 1. Repeal of previous act. Section l, Chapter ~91~ Special Laws of Florida, acts of 1953 is hereby repealed. SECTION 2. Chapter 24398 Special Laws of Florida, Acts of 1947 as amended is hereby further amended by adding an additional section after Section 165~ Article XVIt thereof to be numbered Section l~5-A to read: Section 165-A E~tablishment of merit system: (l~ All appointments and promotions in the administrative service of the City shall be according to merit and fitness to be ascertained~ so far as practicable, by competitive tests. In order to permit the adoption and use of a modern merit system which is efficient and fair to officials, employees and the public, a merit system is hereby created which shall conform to the provisions hereinafter set forth. (2) Classified and unclassified service. The following shall constitute the unclassified service of the City and shall be exempt from the provisions of this chapter. (a) Members of the ~ity oommission. (b) The city manager, city auditor, city attorney, municipal judge, municipal judge ad litem, and all members of any elected or appointed board, commission, or committee, or any individual in a specialized field appointed by the city manager, mayor or council. (C) Day laborer~ part-time or temporary employee. The classified service shall include all other positions now existing or hereafter created, and the provisions of this act shall apply thereto except as herein set forth. (3) Status of present employees. Any person holding a position in the classified service when this act takes effect, who shall have served in such position for a period of at least six months, shall be retained without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act. All other persons in the classified service at the time this ~ct t~kes effect shall be considered as having been given probationary appointment from the time of their employment. (4) Personnel officer. There shall be a personnel officer, who shall be aDpointed by the city manager with the approval of the council. The personnel officer shall administer the merit system of the city in accordance with this Charter and the personnel rules adopted thereunder. To this end, his powers and duties shall be: (a) To prepare competitive examinations and tests of various types for all appointments in the classified service~ restricted to persons reason- ably qualified to perform the duties of the position; (b) To give wide publicity through appropriate channels in each case to all announcements of competitive examinations to the end of encourag- ing qualified persons to take such examinations; (c) To prepare and recommend to the city manager such rules as he may consider necessary, appro- priate or desirable to carry out the provisions of this section including rules, regulations and procedure pertaining to the supervision, removal or demotion of any person in the classi- fied service. (d) To prepare, install and maintain a classifi- cation plan based on the duties, authority and responsibility of positions in the city service; (e) To prepare and submit to the city manager and the city council for their consideration a pay plan for the city service; (f) To establish and maintain a roster of all persons in the municipal service in which there shall be set forth, as to each officer and employee, (1) the class title of the position held, (2) salary or pay, (5) any changes in class title, pay or status, (4) such other data as may be deemed desirable or useful to produce signifi- cant facts pertaining to personnel administration; (g) To certify all payrolls for persons in the unclassified service. No payment for personal service of any person in the classified service of the city shall be made unless the payroll vouchers bear the certification of the personnel officer or his authorized agent that the persons mentioned therein have been appointed and employed in accordance with the provisions of this act; (h) To assist the city manager in developing and establishing training and educational programs for persons in the municipal service, so that where- ever possible vacancies may be filled within the service. (i) TO perform such other acts or duties, consis- tent with this charter and the personnel rules adopted thereunder, as may be prescribed by the city manager or the city council. (5) Civil service appeals board created; term of office. (a) Upon this act taking effect, the board of civil service created pursuant to Section l~ Chapter 28910, Special Acts of 1953, shall be abolished and shall be superseded by a civil service appeals board consisting of five (5) members. Two members shall be appointed by the city council of said city, and two members shall be elected by the members of the civil service of the city. The fifth member shall be named by the other four members. In the event said four members shall not agree upon the fifth member within fifteen (15) days after said four members take office, the County Judge of Palm Beach County, Florida, shall designate such fifth member. The said board shall elect one of their members to be chairman. The two members named by the city council and the two members of the board named by the employees shall serve for a term er a period of two years, except the first members appointed by the city council and the first members appointed by the city employees shall serve only until the first meeting of the city countil in January 1962. The fifth member of the board named by the other members thereof shall hold office for a period of one year~ except the term of said member initially appointed shall expire on the date of the first meet- ing of the city council in January 1962. Ail members of the civil service appeals board shall hold office until their successors are duly elected or named and qualified. (b) The city council of the city shall elect two alternate members of the civil service appeals board and the members of civil service of the city shall elect two alternate members of the civil service appeals board. The five members of the said board shall elect two alternate members of the civil service appeals board. Said alternates may serve in the event of the death, disqualification or absence of any or all of the five members of the said board. The terms of said alter- nates shall expire when the term of the principal for whom they are serving as alternates shall expire. (c) If in any particular case, there exists any ground, which under the laws of the State of Florida would disqualify the judge of any court, or which is a ground of challenge for cause to any juror~ regarding any member of the board, then such member of the civil service appeals board shall be disqualified to hear and determine such cause. (d) In the event a member of the civil service appeals'board shall refuse to qualify as such member, or if said office shall become vacant by reason of death.~ resignation or otherwise~ the proper alternate shall become a member of the civil service appeals board for the unexpired term of the member vacating said office~ and a first alternate shall be elected as herein provided for the election of a second alternate. (6) Qualifications of board members. Each member of the civil service appeals board shall be a qualified elector of the city, shall be known to be in sympathy with the merit principal as applied to the civil service, shall neither hold nor be a candidate for ally other public office or position~ and shall not be a member of any local, state or national committee of a political party or an officer in any partisan political club or organization. No person who has been convicted of a crime involving moral turpitude or who is an officer or employee of the city shall be eligible to hold said office. (7) Employees; meetings. Members of the civil service appeals board elected as herein provided shall take office within ten (i0) days after their election or appointment. The oath of Office shall be administered to each member of the civil service appeals board and each appointed alternate member by the city clerk. The personnel officer shall act as secretary to the civil service appeals board. The city council may employ such additional personnel for said board as said city council shall deem necessary. The civil service appeals board shall hold not less than one regular meeting each month and may hold special meetings when required for the transaction of business by said board. Such meetings may be called by the chairman or any three members of the board upon giving each member written notice thereof served .~ personally, or left at the members usual place of residence. A majority of the board shall constitute a quorum for all meetings except however, for all hearings there shall be a full board. (8) Duties of Appeals Board. It shall be the duty of the civil service appeals board: (a) To make any investigation which it may deem desirable concerning personnel administration in the classified service and to that end, any member of the board shall have the power to administer oaths. (b) To report to the city council and to expose publicly any abuses or improper practices which it may find in the classified service of the city. (c) To provide rules setting forth the procedures a~d grounds for the filing of appeals with the civil service appeals board herein created. (d) To sit as a body to hear appeals of any person. in the classified service who is dismissed~ demoted, or suspended. (e) To supervise the holding and grading of all competitive examinations held under the merit system. (9) Existing rules and regulations stead until superseded. The rules and regulations of the board of civil service which are in effect upo~ the taking effect of this act shall remain in full force an~ effect'until superseded by the rules adopted under this act. (10) Personnel rules. Immediately after the taking effect of this act, the personnel officer shall prepare personnel rules to govern the merit system and carry out the provisions of this act. The city manager shall approve them with or without modification. When approved by him they shall be submitted to the city council and shall become effective immediately after the city council by resolu- tion adopts them, with or without amendment. Thereupon~ the rules and regulations of the board of civil service passed on the 2?th day of October, 1954, shall be auto- matically repealed and superseded by the rules herein provided for. Amendments to said personnel rules may be enacted by following the identical procedure set forth hereinabove for adopting.the original rules. The personnel rules shall provide for: (!) The classification of city positions which classification shall be based on the duties~ authority and responsibility of each position; (2) A pay plan for all city positions embodying the principle, equal pay for equal work, which plan shall become effective when the city council by resolution adopts it with or without amendment; (3) The method of holding competitive tests for fairly determining the merit and fitness of candi- dates for appointment and promotion; (4~) The establishment~ maintenanc~ and certifi- cation of eligible lists for filling vacancies. (5) The order and manner in which layoffs may be effected; (6) Hours of work, attendance~ regulations and provisions for sick and vacation leave; (7) The procedure governing provisional or pro- bationary appointments. ~8) Provide rules for the procedures and grounds for suspension,~ demotion, dismissal and transfer of employees within the classified service. (9) Other practices and procedures necessary for effective administration of the merit system under the provisions of this Charter. (t0) To make rules and regulations for the selec- tion of a grievance committee by members in the classified service. (11) Rules to incorporate pr~ncipai of merit and fitness. The rules required by Section i0 shall be so prepared that all decisions on personnel matters shall be made solely on the basis of merit and fitness of the individuat~ and the various practices s~d procedures established thereunder which are to govern these deci- sions sh~ll incorporate established professional stand- ards and techiques which will serve to further that end. 10o (12) Causes for suspension and dismissal. Any member of the civil service system established under this act who shall be incompetent, neglect his duty, be guiltY of insubordination, immorality, drunken- ness, any felony or crime involving moral turpitude or for the violation of any of the personnel rules and regulations adopted pursuant to Section t0 of this act shall be subject to reduction, suspension, fine or dismissali provided, however, that no officer or employee shall be fined a sum in excess of one month's conpensation. (15) Removals, fine and appeals. (a) The city manager may at any time fine, suspend, dismiss demote, or transfer any employee of the classified service for any cause which will promote the efficiency of the service but only in accord- ance with the rules and regulations of the merit system adopted by the city. (b) The members of the civil service appeals board shall not discuss the facts or merits of any case which may be tried before them with atay person or persons whomsoever, except to receive the list of witnesses which the city desires to subpoena before the board. (c) Violations of the foregoing provisions of this section by any member of the board shall be grounds for d~squalification. (d) In the investigation of charges each member of the civil service appeals board shall have the power to administer oaths, and said board is hereby ti. authorized to compel by subpoena the attendance of witnesses, the production of books and papers relevant to such investigation, said subpoena to be serYed by a member of the police department. (e) It shall be unlawful for any person to fail or refuse to respond to any subpoena duly issued by the civil service appeals board~ without a legitimate excuse therefor, and such failure or refusal to respond is hereby declared to be mi~- demeanor and shall be punishable as is now provided by the ordinances of the city for failure to comply with a lawful subpoena. (f) Ail witnesses demanding witness fees for attend- ance shall be ~ntitled to a per diem of one dollar to be paid by the city, but no employee of the city summoned before said civil service appeals board to testify shall be entitled to any compen- sation (g) Upon dismissal, suspension, fine, or demotion, the city manager shall within twenty-four hours give the employee written statement of the reasons for such dismissal, suspension, fine, or demotion and shall immediately file a copy thereof with the civil service appeals board. If the employee desires, he may, within seven (7) days after such dismissal, suspension, fine, or demotion, file with the board a request for a hearing, setting forth in detail in his petition the basis of his appeal. The board upon receiving such notice of appeal, shall, within ten (lO) days, set a date for a hear- ing. Notice of time and place of such hearing shall be served upon the city manager and the employee either personally or by registered mai]. at least five (5) days before the d~te of hearing. (h) The board shall conduct the hearing at the time set, which hearing shall be public and may adjourn the hearing from time to time upon cause shown or upon its own motion, provided that Such adjournment in all shall not extend beyond thirty days fr6m the date of dismissal, suspension, fines or demotion. Both the affected employee and the city manager shall be given fuIt opportunity to be heard in person or with counsel. The Personnel officer shall spread on the o~.~lclat minutes of the board the facts contained in the appeal~ the board's findings, and its decision which shall be final; provided, however, that either party may petition the circuit court in and for Palm Beach County~ Florida, for review by certiorari of the ruling of said board. Such petition shall be filed within 45 days from the date of the board's rendering its decision. Final decisions shall be transmitted to the city manager and executed by him. (14) In the absence, or event of non-existence, of a city manager all functions, duties~ and' responsibilities of said officer under the provisions of this ~ct shall be fulfilled and executed by the city counci 1. SECTION 2. Severability. If any of the provisions of this law or any rule, regulation or order thereunder, or the application of such ~p~0vision~ to any person or circum~stance~ shall be held invalid, the remainder of this law and the apptic.ation of such provisions of this law or of such rule, regulation or order to any person or circumstance other than those as to which it is held invalid, shall not be affected thereby. SECTION 3. Referendum: Effective Date. 13 This act shall take effect upon becoming a law, after receiving the affirmative vote of a majority of the qualified electors ectually voting at a special or regular election to be held in the City of Boynton Beach, Florida. If a special etection is held, the same shall be called by the city council and held in the manner provided for the callihg and holding of a special election for~ the city. In the event of the ratification of this act, the. same shall become effective immediately upon the official determination of such ratification~ It shall not be necessary that a majority of the qualified electors of said city cast votes at said election. 14 The Ballot lo be used at said election for the purpose of submitting the above question to the qualified electors of said city shall be substantially in, tilde following form: OFFICIAL BALLOT QUESTION TO RATIFY HOUSE BILL NO. 572, BEING A SPECIAL ACT OF THE 1961 SESSION OF THE FLORIDA LEGISLATURE. Shall the Charier of the CITY OF BOYNTON BEACH, FLORIDA, be amended to establish a civil service and merit system for said city as provided in House Bill No. 572 entitled: HOUSE BILL NO. 572 A BILL TO BE ENTITLED: AN ACT RELATING TO THE CITY OF BOYNTON BEACH REPEALING SECTION 1, CHAPTER 28910 SPECIAL ACTS OF 1953; AND AMENDING CHAPTER 24398 SPECIAL ACTS OF 1947 AS AMENDED, BEING THE EXISTING CHARTER OF SAID CITY, BY ADDING AN ADDITIONAL SECTION AFTER SECTION 165, ARTICLE XVI, THEREOF TO BE NUMBERED 165-A, ESTABLISHING A CIVIL SERVICE AND MERIT SYSTEM FOR SAID CITY; PROVIDING FOR THE APPOINT- MENT AND REMOVAL OF ITS MUNICIPAL PERSONNEL; THE APPOINTMENT OF A PERSONNEL OFFICER AND ~,HE CREATION OF A CIVIL SERVICE APPEALS BOARD AND FOR THEIR RESPECTIVE POWERS AND DUTIES: PROVIDING FOR THE ADOPTION OF CIVIL SERVICE PERSONNEL RULES AND REGULATIONS: SETTING FORTH C~,ESE~,~FOR SUSPENSION AND DISMISSAL AND PROVIDING FOR APPEALS THEREFROM: PROVIDING FOR A SAVINGS CLAUSE AND EFFECTIVE DATE THEREOF. ~Inst~uctions to voters: Place a cross {X) in the space opposite the wording indicating the manner in which you desire to vote. ) For the Act Against the Act The results of said election shall be duly certified to the City Counci Copies of the above act shall be available at the Boynton Beach City Hall for inspection by any intere ste d party. DATED this ? i day of -2- , .D// 1961. / / /