85-TTREsoL o 85-1
A RESOLUTION OF THE CITY fDUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
RULES ANDREGULATIONS OF CIVIL SERVICE
BY ADOPTING A NEWSET OF RULES AND
REGULATIONS.
WHEREAS, pursuant to the Charter of the City of Boynton Beach,
Florida, the Boynton Beach Personnel Director, Boynton Beach City
Manager and the Civil Service Board have reviewed a revised set of Rules
and Regulations of Civil Service of Boynton Beach and are reconxnending
that those Rules and Regulations dated July 16, 1985, which are attached
hereto be amended.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA:
Section 1. That the proposed new set of Rules and Regulations for
Civil Service are hereby approved, ratified and adopted.
ATTEST
city c~
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
~M~yor
Vice Mayor
Council M~
~iI Member
CITY OF BOYNTON BEACH
RULES AND, REGULATIONS
and
CIVIL SERVICE
DRAFT -- JUNE 12, 1985
TABLE OF CONTENTS
RULE
TITLE
PAGE
RULE I
RULE II
RULE III
RULE IV
RULE V
RULE VI
RULE VII
GENERAL PROVISIONS ............. 1
DEFINITIONS ................ 2
ORGANIZATION FOR PERSONNEL ADMINISTRATION. . 7
POSITIONS INCLUDED IN PERSONNEL SYSTEM . . . 9
THE CLASSIFICATION PLAN' . ......... 10
COMPENSATION PLAN ............. 12
APPLICATIONS ................ 16
RULE VIII EXAMINATIONS ................ f0
RULE IX ELIGIBILITY LISTS .............. 34
RULE X APPOINTMENTS ................ 36
RULE XI GENERAL PERSONNEL POLICIES AND PROVISIONS. . 43
RULE XII SEPARATION AND DISCIPLINARY ACTION ..... 61
RULE XIII EMPLOYEE ASSOCIATIONS ............ 66
RULE XIV AMENDMENT OF PERSONNEL RULES ........ 66
RULE XV SAVING CLAUSE ................ 66
APPENDIX A .................... 67
APPENDIX B .......... ' ............ 70
RULE I
GENERAL PROVISIONS
SECTION 1. PURPOSE OF THESE RULES: These rules set forth
the principles and procedures that are to be followed by the
City in its personnel program to the end that the City and
its employees may have assurance that personnel Will be
dealt with on an equitable basis, and that the citizens of
the City may derive the benefits and advantages which can be
expected to result from a competent staff of City employees.
SECTION 2. POSITIONS COVERED BY THESE RULES: These rules
shall apply to the positions and offices in the City service
as more specifically set forth in Rule IV.
SECTION ,3. APPROVAL OF RULES: These rules shall be in
force and effect when approved by the City Council and shall
have the force and effect of law insofar as they apply to
positions covered by said rules.
-1-
RULE II
DEFINITIONS
For the purpose of these Personnel Rules and as used herein,
the following words and terms shall have the meaning indi-
cated unless the context clearly indicates otherwise:
SECTION 1. ALLOCATE shall mean the act of assigning each
position to its proper class.
SECTION 2. ANNIVERSARY DATE shall mean the date of hire or
the date as of the adoption of these rules, or last hire, or
whichever is later.
SECTION 3. APPEAL shall mean a request for a formal hearing
before the Civil Service Board involving suspension, demo-
tion or discharge. Such appeal must be made within fourteen
(14) days of the suspension, demotion or discharge. Only
employees that have attained permanent status are eligible
to an appeal before the Civil Service Board.
SECTION 4. CERTIFY shall mean the act of the Personnel
Director in supplying a department head with the names of
applicants who are eligible for appointment to the class and
positions in the classified service for which certification
is requested.
SECTION 5. CLASS shall mean a position or group of posi-
tions having similar duties and responsibilities, requiring
similar qualifications, which can be properly designated by
a title indicative of the nature of work and which carry the
same salary range.
SECTION 6. COMPENSATORY TIME: An employee eligible for
overtime in accordance with the pay plan may be granted com-
pensatory time off at the same rate it was earned, i.e.,
straight time for straight time, or time and one half for
time and one half fOr each hour of overtime worked. (See
Pay Plan for maximum accrual).
SECTION 7. COMPLAINT shall mean formal notice of dissatis-
faction by an employee with permanent status who feels that
an employment situation is unjust, inequitable or a
hindrance to effective operation. Employees filing a
complaint should follow the grievance procedure.
SECTION 8. CONTINUOUS SERVICE shall mean employment in the
classified service which is uninterrupted.
-2-
SECTION 9. DEMOTION shall mean the assignment of an
employee to a position in a lower class having a lower maxi-
mum salary than the position from which the assignment is
made.
SECTION 10. ELIGIBLE shall mean a person listed on the
active eligibility list.
SECTION 11. EMPLOYEE: Whenever "employee" is indicated in
the book, it denotes regular or permanent. All other
employees will be indiCated by probationary or temporary.
SECTION 12. EMPLOYMENT LIST shall mean a list of persons
who have been for
appointment to
SECTION 13. EQUAL EMPLOYMENT shall mean no person will be
denied employment or promotional opportunities ~because of
a handicap, race, color, religion, sex or national origin.
SECTION 14. EXAMINATION shall mean any selection instrument
used to measure the relative knowledge, skills, and abilities
for candidates competing for Positions which may include
evaluations of training and experience, performance tests,
oral interview, written tests, evaluations of performance
appraisals, etc.
SECTION 15. GRIEVANCE shall mean formal notice of diSsatis-
faction by an employee with permanent status who feels they
have been unjustly treated in cases involving employment
conditions, suspensions of five days or less, relationships
between an employee and his supervisor or relationships with
other employees.
SECTION 16. HEARING shall mean a public hearing by the
Civil Service Board held after public notice, at which time
any person may have a reasonable opportunity to be heard.
(See also definition for appeal.)
SECTION 17. JOB TITLE shall mean a definite descriptive
designation for a job classification.
SECTION 18. LAYOFF shall mean the dismissal from employment
because of shortage of work or funds, or because of changes
in the organization.
SECTION 19. MEMBERS OF THE CITY SERVICE shall mean all per-
sonnel, salaried and hourly, employed in one of the job
classifications set forth in the City of Boynton Beach Pay
Plan, either as members of the Classified Service or as mem-
bers of the Non-Classified Service.
-3-
SECTION 20. NEPOTISM shall mean no two or more individuals
who have a parental, sibling or spouse relationship may be
employed by the City in the same department or division
thereof in a larger department. (See organizational chart
for list of departments. Appendix B)
SECTION 21. OVERTIME PAY shall mean pay for overtime worked
when compensatory time cannot be given. Payment shall be
made at time and one-half for overtime hours worked in
excess of employee's normal work week or work day. (See
also Annual Pay Plan.)
SECTION 22. PAY GRADE shall mean a salary range with a
minimum and maximum pay bracket established to fairly and
competitively compensate an employee or the work assigned
him under his specific job classification.
SECTION 23. PART-TIME EMPLOYEE shall mean employees hired
on a part-time basis and will be paid for only those hours
actually worked and at the rate of pay for that job classi-
fication. Part-time employees receive no fringe benefits.
SECTION 24. PERFORMANCE REVIEW shall mean an evaluation of
the employee's performance by his or her supervisor, and
done prior to the completion of probationary service, and
annually thereafter prior to the employee's anniversary ~
date.
SECTION 25. PERMANENT EMPLOYEE shall mean a Classified
Service employee who has satisfactorily completed his or her
probationary period of service. (See also Probationary
Employee)
SECTION 26. POSITION shall mean a group of duties assigned
to one person or job.
SECTION 27. PROBATIONARY EMPLOYEES shall mean any employee
who is serving his probationary period of one (1) year prior
to being regularly appointed to a permanent position and
class in the classified service, except promotional employees
who after six consecutive months are permanently appointed
to the higher position, provided they are permanent
employees, otherwise they must serve a minimum of one year
as outlined above. Those employees serving their initial
one (1) year probationary period are not eligible for a
hearing before the Civil Service Board or the Employee
Grievance Board.
SECTION 28. PROBATIONARY PERIOD shall mean that period of
time beginning with a person's initial employment in the
Classified Service and normally ending twelve (12) consecutive
-4-
months thereafter. During this period an ~Ployee may resign,
or be discharged, demoted, or suspended without notice or
recourse to the Civil Service Board or the Employee Grievance
Board. (See also Probationary Employee).
SECTION 29. PROMOTION shall mean the assignment of an
employee to a position in a higher class having a higher
maximum salary than the position from which assignment is
made. Employees that achieve permanent status and are pro-
moted will not lose that status for th. e j
They have no vested rights or recourse to appe.
Civil Service Board while assigned to their ~romotional
opening during eriod
if returned to the
same pay grade with sim former position
if that position is fil2
SECTION 30. PROMOTIONAL EXAMINATION shall mean an examina-
tion 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 31. PROMOTIONAL LIST shall mean a list of persons
who have been found qualified by a promotional examinatio~
for an appointment to a position in a particular class.
SECTION 32. PROVISIONAL EMPLOYEE shall mean any employee
filling a position in the classified service without com-
petition pending the establishment of an eligibility list.
SECTION 33. REGULAR EMPLOYEE shall mean an employee who has
achieved permanent status in the classified service in
accordance with the provisions of the rules after completing
a probationary period. They shall also gain status in that
class to which appointed.
SECTION 34. STATUS shall mean a condition acquired by an
employee completing his initial probationary period, giving
rights in the manner the rules set forth, to a class.
SECTION 35. SUSPENSION shall mean the separation with or
without pay of a classified service employee for a temporary
or fixed period of time.
SECTION 36. TEMPORARY EMPLOYEE shall mean an employee
holding a position other than permanent, and who is not eli-
gible for benefits except hourly rate of pay.
SECTION 37. TEMPORARY POSITION shall mean all positions
that are not designated permanent.
-5-
SECTION 38. VACANCY shall mean a position existing or newly
created, which is not occupied, and for which funds are
available, and for filling of which a valid requisition has
been received by the Personnel Director.
SECTION 39. PHRASEOLOGY. The term "his", "her", or
"employee" is not intended to denote a specific sex, but
rather is used only for clarity and content.
-6-
RULE III
ORGANIZATION FOR PERSONNEL ADMINISTRATION
SECTION 1. THE CITY COUNCIL: The City Council shall:
ae
Approve the Personnel Rules, after receiving
a recommendation from the Civil Service
Board and City Manager.
Annually Approve the pay plan and all amend-
ments thereto.
Make and confirm appointments to and remove
from positions in the exempt service.
SECTION 2. THE CITY MANAGER: The City Manager shall:
Be responsible to the City Council for the
administration of the personnel system sub-
ject to these rules.
Appoint, promote, transfer or remove,
demote, suspend, or discipline all depart-
ment heads, officers and employees subject
to the provisions of these rules and provi-
sions of the Charter excepting those in the
exempt service.
Co
Performs such other duties and have and
exercise such other powers in personnel
administration as may be prescribed by law
and these rules.
SECTION 3. THE PERSONNEL DIRECTOR: The City Manager shall
appoint a Personnel Director who shall also be secretary to
the Civil Service Board, who shall also be responsible to
the City Manager for the administrative and technical direc-
tion of the City Personnel program. He shall be known as
the Personnel Director and shall:
A. Administer the provisions of these rules.
Be
Develop and administer such recruitment and
examination programs of competent applicants
to meet the needs of the City service.
Ce
Prepare and recommend to the City Manager for
City Council adoption, a Classification Plan
and amendments to the Classification Plan so
-7-
Ee
Fe
Ge
Je
ne
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.
Administer the pay plan including the periodic
review of salary and wage levels in the area
to the extent that such levels affect City
employment and the periodic investigation of
factors affecting the economic level.
Provide a system of checking payrolls, so as
to determine that all persons-in the City
service have been properly appointed and are
being paid in accordance with these rules.
Provide for the establishment and main-
tenance of a roster of all employees in the
City service.
Provide such forms and procedures as he may
consider necessary, appropriate, or desirable
~o carry out the personnel program.
Develop and establish in cooperation with the
City Manager and various department heads such
training and educational programs for employees
in the City service as conditions warrant.
Prepare annual reports regarding the work of
the department.
Attend all meetings of the Civil Service
Board or have a designated representative
attend.
Perform such other activities with reference
to personnel administration not inconsistent
with the City Charter or these rules, as the
City Manager may direct, or as may be
required by Ordinance.
Prepare and recommend such rules or amend-
ments to the rules as may be necessary or
advisable to carry out the intent and pur-
poses of the City personnel program.
Shall furnish such secretarial services to
the Civil Service Board as they may require
to properly carry out their duty under these
rules.
-8-
RULE IV
POSITIONS INCLUDED IN PERSONNEL SYSTEM
SECTION 1. THE CITY SERVICE: The City Service shall
comprise all officers and positions in the City employ, now
existing or hereafter created. The City Service is divided
into the exempt and classified services.
Exempt Service. The Exempt Service shall include
the following positions and levels, to wit:
1. Elected Officials
2. The City Manager
3. The City Attorney and Assistant City Attorneys
4. Consultants, counsel, architects, auditors,
board and committee members, advisory boards
and the like rendering temporary professional
services for pay or not for pay.
5. Day laborer, part-time, or temporary employee.
Be
Exempt personnel may not be assigned the duties of a
vacant classified position except in accordance with
Civil Service Rules and Regulations.
The Classified Service shall comprise all other
positions now existing or hereafter created not
specifically included in the exempt service.
Employees that have not completed their probationary
period are not eligible for certain Civil Service
benefits.
SECTION 2. STATUS OF EMPLOYEES IN THE CITY SERVICE: Ail
persons holding position in the classified service on the
effective date of these rules, and whose positions normally
involve continuous year round full time service, and who
have served continuously for a period of twelve consecutive
months immediately prior to the date of adoption of these
rules shall be considered to be permanent employees, and as
such entitled to the rights, benefits and privileges
extended to such employees by the City Charter and these
rules.
-9-
RULE V
THE CLASSIFICATION PLAN
SECTION 1. THE PURPOSE: The Classification Plan provides a
complete inventory of all positions in the City service and
accurate descriptions and specifications for each class of
employment. The plan standardizes titles, each of which is
indicative of a definite range of duties and respon-
sibilities and has the same meaning throughout the City
service.
SECTION 2. COMPOSITION OF THE CLASSIFICATION PLAN:
Classification Plan consists of:
The
ae
Classes of positions which are established by
grouping positions which are basically similar in
the kind of work and level of difficulty and respon-
sibility, which require similar experience and
training at time of recruitment, and which may be
compensated fairly from within the same range of pay
under similar working conditions. (See Pay Plan)
Class titles which are descriptive of the work p~r-
formed and which identify each class.
Ce
Written class specifications (job descriptions) for
each class of positions which contain a description
of the nature of the work and of the relative
responsibility of positions in the claSs, examples
of work which are illustrative of duties of posi-
tions allocated to the class, requirements of work
in terms of knowledges, abilities and skills
necessary for performance of the work, and a state-
ment of experience and training desirable for
recruitment into the class.
An allocation list showing the class title of each
position in the City service, as identified by the
name of the employee holding that position.
SECTION 3. CLASS TITLE: Class titles shall be used in all
personnel, accounting, budget, appropriation, and financial
records. No person shall be appointed to, or employed in, a
position in the classified service under a title not
included in the Classification Plan. Titles used in the
course of departmental routine to indicate authority, status
in the organization, or administrative rank may continue to
be used for such purposes.
-10-
SECTION 4. CLASS SPECIFICATIONS: Specifications are to be
interpreted in their entirety and in relation to others in
the Classification Plan. Particular phrases or examples are
not to be isolated and treated as a whole definition of the
class. Specifications are d~emed to be descriptive and
explanatory of the kind of work performed and not
necessarily inclusive of all duties performed.
SECTION 5. MAINTENANCE OF THE CLASSIFICATION PLAN: The
Personnel Director is charged with the responsibility for
the proper and continuous maintenance.of the Classification
Plan so that it will reflect on a current basis the duties
being performed by each employee in the City service and the
class to which each poSitiOn ~s allocated.
The Personnel Director shall
fication of positions and upon
tion, he re
necess
of
tie
mended
City Col t
~view the classi-
of his investiga-
appropriate and
in the form
ses and the aboli-
plan. Such recom-
.ye when approved by the
~er.
Allocations and re-allocations within the approved
Classification Plan shall be made as follows:
The Personnel Director shall study the duties and
responsibilities of each new position as it is
created and on this study, place the
position n class within the
Classif duties to be performed.
Be
Changes responsibilities of a
position the addition of new
assignmen~ away or modification of
existing sh reported to the
Personnel Director or d )artment heads. If these
are determined to be permanent, are more than minor
changes, and justify llocation to a different
classification, el Director shall, after
affording to the employees affected the opportunity
to be heard, by giving them ten days written notice
and with consent of the City Manager place such
position in its appropriate class,
-11-
SECTION 3. PROMOTIONS: When an employee is promoted to a
position in a higher class, they will be advanced the
equivalent of one (1) additional step provided the next suc-
cessive step in the pay plan appears in the new range,
otherwise they will begin in Step "1" of the new range. The
original employment date or anniversary date will be
retained.
SECTION 4. DEMOTIONS: The Salary range and step will be a
provision of the demotion, and will be approved by the City
Manager prior to notifying the employee. Persons demoted
whether voluntarily or not, will be placed in the step of
the grade of the lower classification that the person would
have normally attained for that position based on their
number of years of service with the City.
SECTION 5. REINSTATED EMPLOYEES: A reinstated employee
will be paid at a salary rate within the approved salary
range for the position in which he is reinstated and shall
be at step comparable to the one previously held. This pro-
vision applies only to employes that have been layed off.
SECTION 6. PART-TIME EMPLOYMENT: When employment is on a
part-time basis, only the proportionate part of the rate for
the time actually employed will be paid. The persons
filling this .position will not be eligible for sick leave,
vacation, holiday, or other benefits.
SECTION 7. OVERTIME: Overtime pay or compensatory time may
be given only for authorized or directed time worked in
excess of the employee normal work week and is subject to
budget limitations and approval of the City Manager.
Overtime will not be granted for less than a fifteen (15)
minute period. The choice of whether to grant overtime pay
or compensatory time rests solely with management and
depends on the most efficient and economical delivery of
service.
Employees are eligible to be paid at the rate of time and
one half (1 1/2) for any hours worked over their regular
work day. If the employees work on a holiday, they will be
paid for the holiday if the City Manager approves and will
be paid for the hours worked at the time and one half rate.
In calculating hours actually worked for the purposes of
overtime, paid leave benefits such as holiday, sick and
vacation leave shall be counted as hours worked. Leave
without pay shall not be counted as time worked and overtime
hours worked during such a pay period would be authorized at
straight time. Such overtime will be subject to the rate as
outlined above unless such employee is covered under the
provisions of a union contract.
-13-
RULE VI
COMPENSATION PLAN
SECTION 1. EFFECTIVE DATE OF PLAN: This plan will be
effective on adoption of the personnel system.
SECTION 2. SALARY SCHEDULES: To provide for adequate
recognition of growth on the job, and recognizing that the
City expects all employees to educate and train themselves
so they may be more productive and valuable, the following
method of advancement will apply:
A. Employee growth in knowledge and diversity.
Employee efficiency and a specific demonstration,
act or performance that clearly indicates to the
department head superior attainments.
A one (1) step increase may be approved by the City Manager
at any time during the anniversary year for performance out-
lined in "B" above. The above schedule will provide incentive
for advancement of skills though education and training and
tenure, and at the same time will provide increases where
justified. To insure systematic progression, each classifi-
cation has been assigned to a Salary Range containing five
(5) steps of approximately 5% each. All normal advances
will be made automatically, upon satisfactory completion of
the employee evaluation report, to the next step in the
assigned range, one (1) year from the employment date.
Upon activation of this plan, all personnel will retain
their present anniversary date and all new employees' anni-
versary dates will be the date of employment. All new
employees will start at the first step for his class, unless
it is impossible to recruit at the starting step. The City
Manager may approve a higher starting rate or adjust an
individual rate when he deems it in the best interest of the
City provided funds are within the approved budget. Longevity
increases beyond Step 5 will be authorized as follows:
Step:
L-1
L-2
L-3
L-4
L-5
L-6
Service ReQuired:
Two (2) years in Step L-1
Two (2) years in Step L-2
Three (3) years in Step L-3
Three (3) years in Step L-4
L-5 is the final step in the pay plan.
One year in Step L-5 eligible for a one
time 5% or $1,000, which ever is less.
-12-
ae
CALLBACK: Any employee who has physical~ left work
(punched out, etc.) and is called back to work by his
Department Head or the Department Head's designated
representative for an unscheduled or emergency depart-
ment related assignment, ~hall be compensated for one
(1) hour of call back pay, plus the time worked in
excess of the first fifteen (15) minutes. Such overtime
will be subject to the rate as outlined above unless
such employee is covered under the provisions of a union
contract.
COMPENSATORY TIME: An employee eligible for overtime in
accordance with the pay plan may be granted compensatory
time off at the same rate it was earned, i.e., straight
time for straight time, time and one half for time and
one half for each hours of overtime worked.
Compensatory time can be accumulated and used, with the
Department Head's approval, in accordance with the Fair
Labor Standards Act.
Employees who are not eligible for overtime payment as
indicated in the pay plan, are expected to work the
necessary hours to complete their assignments. These
employees are eligible for such limited compensatory
time o~ff with permission of the Department Head or City
Manager as outlined above. ~
SECTION 8. INTERPRETATION: The City Manager shall be
responsible for interpreting the application of the compen-
sation plan with regard to pay problems which are not speci-
fically covered by this plan, using the principles expressed
herein as a policy guide.
SECTION 9. INITIAL ADJUSTMENT TO THE COMPENSATION PLAN:
The Personnel Director, using the general principles set
forth in this plan, will place the salary of each employee
in the appropriate step and range for the class to which his
position has been allocated. After the initial step has
been established, an employee's grade and step may not be
changed other than by the procedure outlined herein, or by
authorization of the City Manager.
SECTION 10. SEVERANCE PAY: An employee with permanent sta-
tus may, upon termination of employment with the City pro-
vided the termination is in good standing, be paid for
unused accumulated vacation leave not to exceed the maximum
authorized accumulation and unused sick time as outlined in
Rule XI. Severance pay for any other reason may be approved
by the City Manager. However, if not specifically
authorized will be referred to the City Council if in excess
of two work weeks.
-14-
SECTION 11. RETIREMENT: Provisions applicable to the
retirement plan is specifically outlined in the current
appropriate Retirement Plans.
SECTION 12. REVISED SALARY ~CHEDULE: The City Manager will
Provide a revised salary schedule to the City Council. This
schedule will include the Class Title, the NeW Pay Range,
and other revisions that might be a change in policy or
application of the Compensation Plan. In ~extreme cases
only, will consideration be given by City Council to adjust-
ment during the budget year. All requests of this nature
will be referred to the ~ complete' juStifi-
cation in writing :from the Head and Personnel
Director.
SECTION 13. BONUS INCREASES: The City Manager is authorized
to bonus ~of $500.00 a bonus is ~
j ~d in writing on the ~ forms by the
Department Head. This bonus will not affect the employee's
pay grade and step. Funds for bonuses will be budgeted as a
separate alilowance and ~admini
of the City Manager.
entitled to bonus mo
to an
attained
received merit increases in
~under the direct control
not
nus will be id
Service statu been
th%t
Pay PLan
are not eligible for a
This ap~ h is
recogniz
can be e d
department head~concurs.
substantiated by the supervisor and the
using the prescribed forms furnished by
onus as outlined in this Section 13.
~ can be
prompt rewards
vided the
~e mustlbe
ead
y Manager.
Whenever the said awarded as:aforesaid, payment
thereof e ~n four (4)~sequel quarter-annual
installments of i$12!5.00 ~each with the first such installment
of $125.00 ~to be palid to the employee~with his or her next
ensuing salary paymentl and each $125.00 shall
be paid quarter~ann,ually ther tal of
$500.00 has been paid in full or ,r so long as the employee
continues top performance in his or her position, whichever
event shall first occur,i provided, however, that should top
performance of the :employee ~be 'discontinued for an~
the amount of the said award shlall be reduced and
for that which thie employee has, given con-
tinuous top p, ~ce.
-15-
RULE VII
APPLICATIONS
SECTION 1. ANNOUNCEMENT OF EXAMINATIONS: Public Notice of
entrance examinations shall be given at least two weeks in
advance of the examination by publication in at least one
newspaper of general circulation in the City, by posting an
examination announcement on the City Hall bulletin board and
in such other places and such other manner as the Personnel
Director may deem advisable.
SECTION 2. FILING OF APPLICATION: Ail applicants for posi-
tions in the classified service must file written applica-
tion on the form prescribed by the Personnel Director within
the time limit fixed in the examination announcement.
Incomplete applications may be returned to the applicant
with a notice to amend the same. Amendments or corrections
must be made within the time limit fixed by the Personnel
Director.
SECTION 3. CITIZENSHIP: Ail applicants must be citizens or
naturalized citizens of the United States or show proof of
legal residency by showing their current immigration and
naturalization form.
SECTION 4. RESIDENCE: There shall be no requirement of
residence for filing application for a position in the
classified service.
SECTION 5. MINIMUM QUALIFICATIONS: The Personnel Director
may after consultation with the department heads concerned
prescribe such limits of age and other specific require-
ments, physical or otherwise, as in his judgement are
required by the nature of the work to be performed. Such
requirements shall be shown in the examination announcement.
SECTION 6. REJECTION OF APPLICATION: The Personnel
Director shall reject any application or applicant when he
has determined:
ae
That the application was not filed within the
period specified in the examination announcement or
was not filed on the prescribed form.
Be
That the applicant lacks any of the required quali-
fications set forth in the examination
announcement.
-16-
Ce
Do
That the applicant is physically ~r~fit to perform
effectively the duties of the position in which he
seeks employment.
That the applicant is addicted to the habitual
excessive use of drugs or intoxicating liquor; or
had been convicted of a misdemeanor involving moral
turpitude or of a felony, provided the sentence has
not been completed or the parole period has been
violated.
That the applicant has made a false statement of' a
material fact, or practices~ or attempted to prac-
tice any .fraud or deception on his application or
test or i~ attempting to secure appointment, or, iif
a cancel ~he certification and in
That the applicant was prewiously in the City ser-
vice and was removed for ca~use ~or resigned not in
good standing.
GJ
That the applicant after notification, did not
promptly present himself at the time and place
designated for the examination.
That the applicant has a work record from previous
employ not consistent with the standards expected
of a City employee.
That two or more individuals have a parental
sibling or spouse relationship and therefore may
not be employed by the City in the same department
or division thereof in a larger department. (See
organizational chart for list of departments.
Appendix B) This rule shall not apply to employees
of the City at the adoption of these rules.
SECTION 7. POSTPONEMENT AND CANCELLATION OF EXAMINATION:
Any examination may be postponed or cancelled at the discre-
tion of the Personnel Director. In either case each appli-
cant shall be notified of the postponement or cancellation
and the reason for the action.
SECTION 8. VETERAN'S PREFERENCE:
The term "veteran" means a person who served in the
active military, naval, or air service and who was
discharged or released therefrom under honorable
conditions only or who later received an upgraded
discharge under honorable conditions, not
-17-
withstanding any action by the Veterans
Administration on individuals discharged or
released with other than honorable discharges. To
receive benefits as a wartime veteran, a veteran
must have served du~ing one of the following
periods of wartime service:
Spanish-American War: April 21, 1898 to July 4,
1902, and including the Philippine Insurrection
and the Boxer Rebellion.
Mexican Border Period: May 9, 1916, to April 5,
1917, in the case of a veteran who during such
period served in Mexico, on the borders
thereof, or in the waters adjacent thereto.
World War I: April 6, 1917, to November 11,
1918; extended to April 1, 1920, for those
veterans who served in Russia; also extended
through July 1, 1921, for those veterans who
served after November 11, 1918, and before July
2, 1921, provided such veterans had at least 1
day of service between April 5, 1917, and
November 12, 1918.
World War II: December 7, 1941, to December ~1,
1946.
Korean Conflict: June 27, 1950, to January 31,
1955.
6. Vietnam Era: August 5, 1964, to May 7, 1975.
VETERAN'S PREFERENCE AND CREDITS: Any such
veteran, taking his first competitive entrance exa-
mination only, shall receive five (5) points credit
added to the passing earned rating resulting from
his examination for his first test only as outlined
in the Florida State Statute 295.08 and 295.09.
Veterans's preference points will not be applied to
promotional examinations. To receive such credit,
a certificate or other authentic proof of service
and honorable discharge must be shown at the time
of filing application. In order for the veteran to
receive the additional credit points they must have
achieved a passing score on the examination.
SECTION 9. RESIDENT'S PREFERENCE: Those persons who are
currently residents of the City of Boynton Beach and whose
current residence in the City has been continuous for a
period of one or more full years and who present satisfactory
-18-
proof of such residence and who receive a passing grade on
entrance examinations shall have additional points added to
such grade, as follows:
ae
Residents Who do no~ receive veterans preference -
1 point
Residents who do receive veterans preference - 2
points
-19-
RULE VIII
EXAMINATIONS
SECTION 1. RECRUITMENT BY EXAMINATION: Ail appointments in
the classified service shall be made according to merit and
fitness. Merit and fitness shall be ascertained by examina-
tions which shall be prepared by or under the direction of
the Personnel Director. All examinations shall be impartial
and shall relate to those matters which will test fairly the
capacity and fitness of the applicants to discharge effi-
ciently the duties of the positions to be filled.
Examinations may be assembled or non-assembled, and may
include written, oral, physical test, performance tests,
ratings of training and experience, or any combination of
these or other factors. The exam may take into con-
sideration such factors as education, experience, aptitude,
knowledge, character, physical fitness or any other quali-
fications or attributes which, in the judgement of the
Personnel Director, enter in, to a determination of the rela-
tive aptitude of applicants. Promotional examinations shall
take into consideration the quality and length of
employment, in addition to any or all of the above factors.
The City Council shall be empowered to waive an examination
for any position in the classified service when due to the
lack of an eligible and/or eligibles it is necessary to
recruit from the public to fill a position due to a
creation, promotion or a vacancy, provided all other spe-
cified qualifications and/or requirements for appointment
are complied with.
SECTION 2. IDENTITY OF EXAMINEES CONCEALED: The identity
of all persons taking a competitive written test shall be
concealed from the examiners by the use of an identification
number which shall be used on all examination papers. This
number shall be used from the beginning of the examination
until all test papers have been rated. Any papers carrying
the name of the applicant, or any other identification mark,
or any applicant who reveals his identification number to
the Personnel Director or to any member of his staff,
Directly or indirectly, shall be disqualified and the appli-
cant so notified.
SECTION 3. RATING EXAMINATIONS: Appropriate techniques and
procedures shall be used in rating results of examinations
and in determining the relative ratings of the competitors.
Final examination grades shall be expressed on a scale of
-20-
100 for maximum possible attainment and 70 percentile the
required passing grade. In the case of all examinations
veteran's preference, residence or other credit shall be in
addition to the above minimum of 70 percentile outlined in
Section 9 and 10 of Rule VII. If a position is advertised
in at least in two newspapers and applicants are unable to
attain a 70 percentile, the Civil Servic Board may lower the
passing point not lower than 60 for one (1}
testing cycle only, ~ Manager certifies that
the position must be filled, otherwise no exception will'be
made.
The final ratings of successful competitors who have
attained a passing score of 70 !or above shall be rounded off
to whole numbers according to the following: .50 and above,
the next lower ratting;
~, s 81.)
SECTION 4. MINIMUM GRADES
DirectOr may determine the
part or parts of an examinat
further par~ts, if ~ ar,
: The Personnel
grade for~any
licant who fails to
~to
not be ny
thereof, and, if
his relative
the
Each applicant t!aking
notice of the results
his final earned ratinig and
SECTION 6. INSPECT Any applicant shall have
the rigiht to ms inspection of his exami~nation
papers within of establishment'Of
the list, unless the examination is rescheduled within that
initial one month in
test up to one week
manifest error in rs
corrected if called to
Director within the in~
shall not invalidate
such a list.
ich ca
ra
the applicant may review his
~ of the examination, A
or test procedure shal~l be
ion of the Personnel
Such corrections
SECTION 7. PROMOTIONAL EXAMINATIONS: Vacancies in hi~gher
positions in the classified service shall be filled by the
promotion of employees in the service whenever in the judge-
ment of the City Manager and the Personnel Director it is in
the best interest of the City to do so. When the deter-
mination is made that there will be a promotion, the
Personnel Director shall designa the lower class or
classes to which the promotiona ination is to be given.
Only those employees c~rrently ~holding the positions in the
class so designated will be eligible to make application.
-21-
The Personnel Director may also prescribe other reasonable
requirements in the examination announcement.
SECTION 8. ANNOUNCEMENT OF ~ROMOTIONAL EXAMINATIONS: Ail
promotional examinations shall be publicized at least ten
calendar days in advance of the examination by posting
announcements on a bulletin board in the City Hall and in
such other places and in such other manner as the Personnel
Director deems advisable. Copies of all such announcements
shall be furnished the department affected.
SECTION 9. SERVICE CREDIT IN PROMOTIONAL EXAMINATIONS:
Regular employees who receive a passing grade in promotional
examinations shall have a credit for continuous city service
added to such grade which shall be computed as follows:
one-fourth of one point shall be added for each full year of
uninterrupted service.
SECTION 10. CONTINUOUS SERVICE. Employment in the
classified service is considered continuous when unin-
terrupted except for authorized leave of absence, suspension
or separation due to lay-off. Time lost due to leave of
absence, suspension or lay-off should not be included in the
determination of length of continous service unless approved
as to intent prior to such leave, by the City Manager.
Employees that resign or are terminated and are rehired ~y
the City will be considered new employees serving a proba-
tionary period and therefore previous continuous service
will not be considered in calculating total City service.
Authorized leave of absence without pay shall be granted to
any regular employee drafted into the armed services or
called up on the reserve and in such event said leave of
absence shall be included as part of continuous service,
provided said employee does not withdraw all his funds.
(i.e. pension, sick leave, etc.)
SECTION 11. UNSKILLED AND SEMI-SKILLED LABORERS, DOMESTIC
ATTENDANT OR CUSTODIAL WORK: Unskilled and semi-skilled
laborers, domestic attendants or custodial workers may be
appointed after such non-competitive tests of skill as the
Personnel Director may prescribe.
SECTION 12. NON-ASSEMBLED EXAMINATION:
ae
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.
The names of successful applicants shall be placed
on the appropriate eligibility list in order of
-22-
their relative grades without refulgence to priority
of time of examination.
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.
SECTION 13.
DEPARTMENT:
patrolman shall have a diploma from a standard high
APPLICATION FOR POSITION IN THE POLICE
Ail candidates for the entrance examination for
~'ests, the
In the absence of !
or Gen
Police Stan,
an Associate'
u com~' etion of
state acCrE ited ins
or have an
successful high sc]
Development (G.E.
Training
transcri
years of college work
or one accredited by al s
ciation, or
certific~
States
holder has
examinations.
a
Not less than twenty-one years of age at the date
of: examination.
(without shoes) shall conform to
~ording to the following
table:
MALES
Height weight
(inches) Min. Max.
60 100 140
61 102 145
62 103 150
63 104 155
64 105 160
65 106 165
66 107 170
67 111 175
68 115 181
-69 119 186
70 123 192
71 127 197
72 131 203
73 135 209
74 139 214
75 143 219
76 147 225
77 151 230
78 153 235
FEMALES
Height Weight
(inches) Min. Max.
60 94 125
61 96 127
62 98 129
63 100 135
64 102 136
65 104 140
616 106 144
67 109 147
68 112 152
69 115 158
70 118 162
71 122 168
72 125 171
-23-
Cm
De
Ge
Candidates must be free from any bodily defects,
deformity, or disease and must be certified as fit
for service by a Licensed Florida physician at the
candidates expense. Candidates will also be
required to pass a physical agility test, written
test, psychological test, polygraph test,
background investigation and an oral examination.
Failure to pass any portion of the above require-
ments will result in the applicant being eliminated
from any further consideration for the particular
testing cycle.
No person shall be admitted to an examination for
Detective until he has served a minimum of three
(3) consecutive years on the local force.
No person shall be admitted to promotional examina-
tion for Sergeant until he has served a minimum of
three (3) consecutive years on the local force.
No person shall be admitted to promotional examina-
tion for Lieutenant until he has served a minimum
of two (2) consecutive years as Sergeant on the
local force. All candidates for this position must
have taken a recognized course in basic super-
vision. (See memorandum outlining eligibility
of those Detectives that are holding that classifi
catio~ as of the adoption of these rules for
promotion to Lieutenant. APPENDIX A.)
Candidates to enter promotional examination for
Captain must have earned a sixty (60) credit hour
associate's degree in police-related subjects,
including, but not limited to: Police Science, Law,
Accounting and Business Administration at a
recognized and accredited college or university and
who shall have served a minimum of two (2) con-
secutive years as Lieutenant on the local force
shall be declared eligible.
Candidates who have completed thirty (30) credit
hours in Police-related subjects at a recognized
and accredited college or university as outlined
abowe and who have served a minimum of four (4)
consecutive years as Lieutenant on the local force
shall also be declared eligible.
Candidates with less than thirty (30) credit hours
in Police-related subjects as outlined above shall
not be considered eligible until they have served a
minimum of six (6) consecutive years as Lieutenant
on the local force.
-24-
No person below the rank of Captai~'~shall be
admitted to promotional examination for Deputy
Chief of Police and must meet the following
criteria:
Candidates who have earned a 120-hour
Bachelor's Degree in police-related subjects,
including but ~not limited to: Police Science,
Law, Account s Administration at
a recognized or univer-
sity, and who have two (2)
consecutive years as Captain on the local force
shall be declared eligible.
Candidates who -hour Associates
Degree in pol ects at a
recognized and accredited university
as outlined abo ~e served a minimum
of six (6) consecutive years as Captain on the
local force shall also be considered eligible.
Police ~Chief
declared eligible
time-in-grade re~
years .as Deputy
also
related ab
tion of a 120-hour Ba
AdministratiOn or a
and accredited colI
Police
to
these candidates will not be
, meet the following
imum of two (2)
Candidates must
gained ~ comple-
Degree in Police
at a recognized
unlv sity.
The.appointing authority may, however, select and
appoint a Police Chief from outside the city ser-
vice provided the candidate meets all.stated
requirements ~pt that his service is not locally
attained, if in ty's opinion, such
selection is in the best interest of the City of
Boynton Beach, and holds a certified certificate of
required number of hours training by the State of
Florida.
In the event that circumstances or conditions arise
that make it impossible to certify an individual
police officer, or police officers for entrance to
promotional examinations for the next higher posi-
tion because, of lack of time-in-grade, and the
waiver of such requirement is deemed essential in
order to efficiently administer the City's merit
system, the City Manager may, at the request of the
-25-
Personnel Director, recommend that time-in-grade
requirements be waived by the City Council, pro-
vided however, that the applicant or applicants
involved possess al~ other qualifications required
by these rules for promotion.
SECTION 14. APPLICATION FOR POSITION IN THE FIRE DEPARTMENT:
Any Person initially employed as a Firefighter must:
Be a high school graduate or the equivalent, as the
term may be determined by the Division of State
Fire Marshal of the Department of Insurance.
Not have been convicted of a felony or of a mis-
demeanor involving moral turpitude, as the term is
defined by law. If an applicant has been convicted
of a felony, such applicant must be in compliance
with State Statute 112.011(2)(B).
Have his/her fingerprints on file with the Florida
State Fire Marshal's Office.
Have a good moral character as determined by
investigation under procedure established by the
Florida State Fire Marshal's Office.
Be in good physical condition as determined by a
medical examination as prescribed by the Florida
State Fire Marshal's Office. Such examination may
include, but need not be limited to, provision of
the National Fire Protection Association Pamphlet
1001.
Failure to pass any portion of the above require-
ments will result in the applicant being eliminated
from any further consideration for the particular
testing cycle.
Ail personnel must advance following the promo-
tional procedures listed below. Employees hired
outside the Boynton Beach Fire Department as
lateral transfers are not acceptable unless other-
wise noted.
TRAINING AND CERTIFICATION
Standard for training and certification have been
established and prepared along the guidelines of the
N.F.P.A. 1001; Firefighers Professional Qualifications
of 1981. The development of these standards are based
-26-
upon overall performance objectives, W~ich are considered
the minimum necessary for a person to be considered com-
petent to engage in providing fire service at the respec-
tive level in the role of firefighter. The standards are
designed so that any m~mber of the Fire Department can
achieve the level required by various means; these include
courses and
training, local training programs, self-study, attendance
at colleges offering suitable Fire Science courses, and by
combination of these means.
There must also be
personnel can be of J
will be controlled
traini
dem¢
evaluate
ment stresses
ful program of
prepared in
Service
Standards and
validity and ~
accredit ~such proce(
~rmance
The establishmen
testing will not, in
will achieve ths
follows that
lOped to
skil
formance desired-
testing procedure by which
rtified. This procedure
ervised by the department
person or persons who have
~plish and adequately
ication testing. The depart-
is essential to a meaning-
and, accordingly, is
the IFSTA (International Fire
the Bureau of Fire
ida, to review the
se procedures and to
es when pr:epared to do so.
~dards and defi~ed
ensure that all personnel
It
be deve-
ire the
overall per-
Throughout the standards, levels of numerical ascending
sequence have been used to denote increasing degrees of
responsibility: i.e., Firefighter, Firefighter I,
Firefighter II, and Firefighter III, the lowest or basic
level being Firefighter. similar sequence will be used in
each standard; the total number of levels varying in
accordance with~the number of steps involved in the indi-
vidual standard.
This standard shall cover those persons inhired or in
existing classifications within the Fire Department
through a one-year probation period and the requirement
for the subsequent three levels of progression after the
one year probation, i.e., Firefighter I, Firefighter II,
and Firefight~r III, and all other classifications subject
to applicable, probationary requirements.
The current employees of the Fire Department, who have
three years as a firefighter, may advance at an interval
-27-
of satisfactory performances with an understanding that at
the beginning of the standard there may be delay due to
administrative procedure application. Present proba-
tionary requirements will be maintained, but will not pro-
hibit advancement.
Ail the performance objectives for any level of fire-
fighter shall meet the following criteria: they shall be
performed swiftly, safely, and with competence. Each
objective shall be met in its entirety.
-28-
I PROMOTED TO FIREFIGHTER P~SSES
t
_EXAMINED FOR PERFORMANCE
OB3ECTIVES FO~ FIREFIGHTER III
tYRS SATI SFACTO~Y PERFORMANCE
MIN. I CONTINUATION OF ON-THE-30B
I I TRAINING AND RELATED TECHNICAL
/
] STUDIES FOR FIREFIGHTER III
R III
P~SSES
. I EXAMINED F~R PERFORMANCE j
2 yR~s OBOECTIVES FOR FIREFIGHTER Iii
J MAN
J PROMOTED TO FIREFIGHTER II
PISSES
I
R EXAMINED ON PROBATIONARY
EQUIREMENTS iNCLUDING'FIRE-
FIGHTER I PERFORMANCE
OB2ECTIVES
SATISFACTORY PERFORMANCE
I
I ASSIGNED TO SHIFT FOR ON-THE-3OB
I TRAINING AND RELATED TECHNICAL
YR I STUDIES FOR iADVANCEMENT UP
liN. PASSES
JAPPOINTED AS RECRUIT FIREFIGHTER[
AND ASSIGNED TO MINIMUM
STANDARDSIEMT TRAINING
Fails***
. Unsatzsfactory
Performance
Fails***
Unsatisfactory
Performance
Unsatisfactory
Performance
Fails**
SELECTED
NAME ON ELIGIBILITY LIST"[ Not Selected*
GETS PERSONAL INTERVIEW [
QUALIFIES
TAKES WRITTEN, AJILITY, PSYCOLOGICALLFails--Name not placed
AND PHYSICAL EXAMINATIONS J on Eligibility
APPLICANT List.
*Name remains on eligibility list (may be interviewed again).
**When the training officer and/or supervisor recognizes that a
probationary Firefighter is not progressing satisfactorily,
this fact shall be immediately brought to the attention of the
individual concerned and appropriate counseling and assistance
shall be instituted. If these efforts fail, the supervisor
shall make appropriate recommendations to the Fire Chief.
***When the training officer and/or supervisor recognizes that a
Firefighter is not progressing satisfactorily, this fact shall
be immediately brought to the attention of the individual con-
cerned and appropriate counseling and assistance shall be
instituted. If these efforts fail, the supervisor shall inform
the employee of his/her being retained in the present position
until additionally qualified.
-29-
Whenever a "rule, regulation, procedur~~, supply,
apparatus and equipment" are referred to, it is implied
that they are those of the Boynton Beach Fire
Department.
A Firefighter who has been certified by the department
at any level of Firefighter I, II, III, excluding offi-
cers, may retain said certification for one year if
he/she terminates employment with the Boynton Beach
Fire .Department for cause(s) which would not have
caused failure to qualify for initial employment and
returns to the department, with departmental approval,
on a full-time basis, provided there is a budgeted
opening, but will be returned to the beginning step of
the certified pay range.
Ail persons in the Firefighter/Driver classification
will be held encumbered in this position. Any indivi-
dual in the Firefighter/Driver position who wishes may
be issued certification in the Firefighter I,
Firefighter II, and Pirefighter III standard after
showing successful compliance by meeting the require-
ments of the level to which application is made,
beginning with Firefighter I. Upon issuance of the
Firefighter II certifiCation, the Firefighter/Driver
classification will be removed. Inasmuch as there are
limitations placed upon promotions, all Firefighter/
Drivers' eligibility lists will remain in effect
together with the addition of all Firefighter III's
until October 1, 1986, after which only certified
Firefighter III's will be eligible for promotion to
Fire Department Lieutenant.
FIRE PROMOTIONS
Promotions in the Fire Department shall be as follows:
No person shall be admitted to an examination for
Fire Prevention Officer I until he/she shall have a
Firefighter II certification as a minimum and have
earned at least six (6) college credits in the Fire
Science courses only at an accredited Florida
Junior College or upper level university offering a
degree program in Fire Engineering or Fire Science.
Persons inhired or promoted to this position shall
meet the State of Florida Fire Inspector cer-
tification requirements. (In lieu of college cre-
dit, 1/2 point per year service in the local force
can be applied for promotional credit - 6 points
total.)
-30-
No person shall be admitted to an ~Xamination for
Fire Prevention Officer II until he shall have a
Firefighter III certification as a minimum and one
(1) year must have been served as Fire Prevention
Officer I, and shall have at least twelve (12)
college credits in the Fire Science courses only at
an accredited Florida Junior College or upper level
university offering a degree program in F~re
Engineering or F ~ce. inhired or
promoted: to this posit~ the State of
Florida Fire Inspector ¢ ~tion requirements.
(In lieu of college credit, 1/2 point per year ser-
vice inthe local force can be applied forlpromo-
~ tiOnal credit - 12 points total.)
No person shall be admitted
tion for Lieutenant
attained Firefighter I
twelve (12) College credits
Courses only at an
College: or upper lew
program in Fire En
Promotional
additional training,
i.e., Fire Prevention
Assoc
college
local
12 points total.)
to promotional examina-
[ have
and have at least
Fire ce
sity
degree
for
ons;
Lieu of
.n the
it -
No person shall be admitted to examinations for
Fire Prevention Engineer until he/she shall have
met upper level university standards for this posi-
tion by attaining the appropriate degree.
No person shall be admitted to promotional examina-
tion for Captain until he/she shall have served as
Lieutenant on the local force a minimum of one (1)
year and shall have earned at least eighteen (18)
college credits in the Fire Science courses only at
an accredited Florida Junior College or upper level
university offering a degree program in Fire
Engineering or Fire Science. Promotional applicant
will be given preference for additional training,
education and qualifications; i.e., Fire Prevention
Certificate, Paramedic II, Associate Degree,
Bachelor Degree, etc. (In lieu of college credit,
1/2 point per year service in the local force can
be applied for promotional credit - 12 points
total.)
-31-
No person shall be declared eligible to apply to
take the examination for Training Officer until
he/she has served as a Firefighter III on the local
~9~ce for a minimum of one (1) year~'after October,~_
1986~. and he/she ha~ completed and i's certified by
the Florida Minimum Standards as a Firefighter.
Must possess a high school diploma or GED, supple-
mented with extensive training in modern fire-
fighting principles and practices both through
field and Practical and classroom experience. Must
be certified to teach with a minimum of a Florida
Firefighters' Standards Council and The American
Red Cross certificate. Preference will be given to
those applicants possessing additional fire related
certification. Eight years of progressively
increasing responsibility in~'a Fire Department, and
have demonstrated ability to ~arry out preplanning
activities associated with fire operations and
comply with all other requests outlined in the job
description.
No person shall be admitted to promotional examina-
tion for Executive Officer until he/she shall have
served a minimum of three (3) consecutive years as
Captain or in another rank of equal stature on the
local force and shall have earned at least forty~
five (45) college credits toward a Bachelor's
Degree in Business Administration. Credits earned
in Fire Engineering or Fire science at an accre-
dited Florida Junior College may be counted toward
total credits required. Promotional applicant will
be given preference for additional training, educa-
tion and qualifications; i.e., Fire Prevention
Certificate, Paramedic II, Associate Degree,
Bachelor Degree, etc. (In lieu of college credit,
1/2 point per year service in the local force can
be applied for promotional credit - 12 points
total.)
No person shall be declared eligible for appoint-
ment to the position of Fire Chief unless he has
completed and is certified by the Florida Minimum
Standards and preferably has an Associate's Degree
in Fire Science, Public Administration, or related
field along with specialized training in modern
Fire Department administration and demonstrated
ability in the administration of personnel, deve-
lopment and administration of budgeting and an
overall administration experience of a Fire
Department's operation. Twelve (12) years of
progressively responsible experience in the Boynton
-32-
Beach Fire Service with a minimum of six (6)
year's experience as a Line Command Officer, i.e.,
Captain or Executive Officer), demonstrating an
ability in administration of department personnel
and experience in aspects of overall respon-
sibility for significant portions of departmental
peration and comply with all other requests
outlined in the job description. Promotional
applicant will be given preference for additional
training, education and qualifications; i.e., Fire
Prevention CertifiCate, ~aramedic II, etc.
9. In the event circumstances or conditions arise that
make it impossible to certify individual members or
fire officers for entrance to promotional examina-
tions for the next higher position because of lack
of time-in-grade, and the waiver of such require-
ment is deemed essential in order to efficiently
administer the City's Merit System, the City
Manager may, at the request of the Personnel
Director, recommend that time-in-grade requirements
be waived by the City Council, provided however,
that the applicant or applicants involved possess
all other qualifications required by these rules
for promotion.
The appointing authority may, however, select and appoint a
Fire Chief from outside the City Service, provided the can-
didate meets all stated requirements except that his service
is not locally attained, if, in the authority's opinion,
such selection is in the best interest of the City of
Boynton Beach.
-33-
RULE IX
ELIGIBILITY LISTS
SECTION 1. ESTABLISHMENT OF ELIGIBILITY LISTS. The
Personnel Director shall establish and maintain such eligibi-
lity lists for the various classes of positions as are
necessary to meet the needs of the Service. Each 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 VIII, Section 3.
Eligible applicants attaining the same score shall be con-
sidered to have the same rank on the eligible list.
SECTION 2. DURATION OF LISTS: The term of eligibility of
each eligiblity list, and the names appearing thereon shall
be for two years.
SECTION 3. RE-EMPLOYMENT LIST: A regular employee who has
been involuntarily separated from the City Service without
fault or delinquency on his part, i.e. layoff, shall have
his name placed on a re-employment list for the same class
of position he held at the time of his separation. The name
of such employee shall be placed upon the list in the order
of his total continuous time served in the class. Such
employee shall be eligible for re-employment 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 a list for any one of 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.
Failure to notify the Personnel Director of a
change of address.
Appointment to a permanent position through speci-
fication from a list for another class at the same
of higher salary.
-34-
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 which he is listed, in
accordance with Rule VII, Section 6, of these
rules.
SECTION '5. RESTORATION OF NAMES TO ELIGIBILITY LISTS:
Whenever any person's name is removed from an eligibility
list for any one or more of the causes mentioned in the pre-
ceding section, he shall immediately be notified thereof
unless his whereabouts are unknoWn. Such person may, within
five (5) days from date of removal, make a written request
to the Personnel Director for restoration of his name to
such list for the duration ~f his eligibility. The request
shall set forth the reasons for the conduct resulting in
removal of the name from the list and shall futher specify
the reasons advanced for restoration of the name. The
Personnel Director, after full consideration of the request
may restore the name to the eligibility list or may refuse
such a request. The person shall be notified of the
Personnel Director's action.
-35-
RULE X
APPOINTMENTS
SECTION 1. PROCEDURE FOR FILLING VACANCIES: Ail vacancies
in the classified service shall be filled by original
appointment, promotional appointment, provisional appoint-
ment, temporary appointments, re-employment, re-instatement,
transfer or demotion. Whenever a vacancy is to be filled
the department head shall make a requisition to the
Personnel Director for eligibles for appointment to the
class of position .for which the vacancy exists. Such
requisition shall be upon the form provided by the Personnel
Director. If the position is permanent the Personnel
Director shall certify to the department head the proper
number of names from the appropriate list or authorize some
other kind of appointment as provided in these rules.
SECTION 2. PRIORITY OF LISTS: Certification shall be made
from existing lists in the following order of preference:
A. Re-employment lists
B. Promotional lists
C. Employment lists
D. Re-instatement lists
Re-instatement lists may rank before or after employment
lists at time of certification by specific request of the
appointing authority.
SECTION 3. CERTIFICATfON FROM THE LIST: Upon receipt of a
valid requisition for an eligible to fill a vacancy, the
Personnel Director shall certify to the requesting depart-
ment head the names and addresses of those eligibles on the
list for the class, who have indicated willingness to accept
appointment in accordance with Section 2 above and based on
the "Rule of Three Scores" as outlined in subsections A and
B.
The "Rule of Three Scores" means that the names associated
with the three highest scores as determined by Rule VIII,
Section 3, and Rule IX, Section 1, shall be certified to an
entrance position with one additional score being certified
for each additional vacancy provided, however, that a fewer
number may be certified when there is not the required
number on the list.
-36-
Ag
Certification and selection for entrance positions:
The Personnel Director as soon as feasible shall
certify from the appropriate eligible list the
three (3) persons who stand highest thereon, giving
thei~ names and examination grades.
Whenever a group of three (3) eligibles is cer-
tified, one of the candidates must be appointed to
the positon under consideration. Only under excep-
tional conditions, satisfactory to the Personnel
Director shall the three (3) names of eligibles be
passed over. A request of this type shall be sub-
mitted in writing by the Department Head to the
Personnel Director giving specific reasons for
rejecting each of the names on the list of eli-
gibles for the next three (3) eligibles whose
standing is the next highest on the list.
Eligibles not selected shall be returned to the
register in accordance with their respective gra-
des. Such eligibles shall be recertified in groups
of three (3) eligibles and if not appointed may be
considered a total of three times and then removed
from the eligible list. Eligibles considered for
appointment and not selected will not be recer-
tified to the same department after two (2) con3
siderations. If more than one vacancy exists,
certification will be as outlined above with one
additional name added for each vacancy. In the
case of identical scores the eligibles will be sub-
mitted as tied and considered one position of the
three positions submitted.
Certification and selection for promotional
positions: ,
The Personnel Director shall as soon as feasible
certify from the appropriate eligible list for each
vacancy, the names and scores of the three persons
who stand highest on the eligible list. Only under
unusual conditions satisfactory to the appointing
authority, who is the City Manager, shall the names
of the eligibles be passed over. Requests to by-
pass the names of the three highest persons on the
list shall be submitted in writing by the
Department Head giving specific reasons why the per-
sons whose names appear highest on that list should
be by-passed. The Personnel Director then shall
certify the name of the next three highest on the
list to the Department Head.
-37-
If all three employees are passed over under the
provisions outlined in the preceding paragraph they
shall be notified in writing by the Personnel
Director prior to the certifications of the next
three names highest on the list.
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 City Manager, may decline certification for that
vacancy and request that the vacancy be filled by provisional
appointment, or in any other manner provided by these rules.
SECTION 5. APPROPRIATE LIST: The Personnel Director may
certify to a vacancy, applicants from eligibility lists of
classes other than the class of vacancy, if, in. his judge-
ment, the lists are appropriate due to similar qualifica-
tions and/or examinations and a higher classification than
the class of vacancy and there is an insufficient list for
the specific class vacancy.
SECTION 6. NOTICE OF CERTIFICATION TO THE ELIGIBLE:
Whenever the name of an eligible is certified the eligible
shall be sent written notice of his certification.
SECTION 7. WAIVER OF CERTIFICATION: Eligibles may waive
certification upon filing reasons satisfactory to the
PerSonnel Director. Waivers must be filed with the
Personnel Director within five (5) days from the date of
notification of certification and if approved, the name of
such eligible shall not be certified until waiver has been
withdrawn upon written request therefore. Failure to exe-
cute 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 8. 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 City Manager may authorize the
vacancy be filled by a provisional appointment.
In such case, preference for provisional appointment shall be
given first to persons whose names are on appropriate lists,
secondly, to persons in the City service whom the Personnel
Director finds to be qualified; thirdly, to persons who have
applied for appointment as regular employees and whom the
Personnel Director believes to be qualified. Provisional
appointments shall be terminated at such times as the
required certification and appointment can be made from a
list and shall be for not longer than six ~6) months.
-38-
if the position is still not filled as provided by these
rules the provisional appointee's status may be continued
with the approval of the City,Manager, but not to exceed a
total of twelve (12) months from date of appointment.
SECTION 9. TEMPORARY APPOINTMENT: Temporary appointments
may be made of persons whose employment is expected to be of
a seasonal nature or whose services are required for a spe-
cial job or project and when it is expected that the ser-
vices of such persons will be no longer necessary at the
close of the season or upon completion of such special job
or project for which they have been appointed. Temporary
appointments may also be made to fill vacancies resulting
from regular employees on authorized leave of absence. The
City Manager will approve all temporary appointments.
Persons filling these positions will be paid only for those
hours actually worked. They will not be eligible for sick
leave, vacation, holiday, or other benefits.
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 10. EMERGENCY APPOINTMENT: Emergency appointments
may be made by the City Manager or in his absence, the
Mayor 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 (30) calendar days.
SECTION 11. TRANSFER: A position may be filed by trans-
ferring an employee from another position of the same class
or similar class with.essentially the same basic qualifica-
tions excepting that in no case shall an employee be trans-
ferred to a class having a higher maximum salary than the
class from which the transfer is made, unless the employee
is qualified in the new class and is on the register for
that position. The City Manager may transfer an employee
for many reasons, including but not limited to the
following: efficiency, better utilization of personnel, in
lieu of departmental lay-off, etc. Transfers must be
approved by the department heads affected, the Personnel
Director and the City Manager and shall be executed on the
prescribed form. Any such transferee shall be on probation
for six (6) months in said department.
SECTION 12. DEMOTION:
A. A position may be filled by the demotion of a regular
-39-
employee in accordance with the pr6~edure for
demotion as outlined in Rule XII, Section 5.
An employee may also be demoted upon his own ini-
tiative with the approval of the Personnel Director
and department head concerned and shall receive
status in this new class, if he has status in his
present class.
SECTION 13. PROBATIONARY PERIOD: The probationary period
shall be regarded as an integral part of the examination
process and shall be utilized for closely observing the
employee's work, for securing the most effective adjustment
of the new employee to his position and for rejecting any
employee whose performance does not meet the required stan-
dards.
Ail appointments for authorized budgeted positions shall be
probationary and subject to a probationary period of one
year after appointment except those positions filled through
promotion, which shall then be six (6) months. Any employee
serving on a probationary period, either six (6) months or
one (1) year, has no vested rights in that position and
therefore no recourse to the Civil Service Board. The
Personnel Director may grant status to persons appointed
from a re-employment list without a probationary period. ~
If a permanent employee promoted to a higher class as a
result of appointment from a promotional list or other list
for a six (6) month probation is found unsuited for the work
of the class during the probationary period he shall be
reinstated to his former pay grade and step in the class
from which he was promoted. If any employee is reinstated
to his former position, this shall not be considered a demo-
tion. A person filling the position of an employee that has
been promoted will hold that position contingent on the pro-
moted employee successfully completing his six (6) month
promotional probationary period~ If the promoted employee
for any reason is returned to his former position the person
filling that position would in turn be returned then to his
former position. If no vacancy exists the employee will be
appointed to a position comparable to his former position
and having similar duties and at his former grade and step.
The permanent employee will be assigned the new duties and
responsibilities for the higher classification but will
retain no vested rights in the new position until he has
satisfactorily completed the probation. This employee
retains permanent status in the position from which he was
promoted.
-40-
A. Department Head Responsibility:
The department head shall make an evaluation report
at the conclusion of the sixth (6th) month of the
employee's initial ~ne year probationary period and
at the conclusion of the third (3rd) month of a
promoted employee's six (6) month probationary
period, as the Personnel Director may require and
shall notify the Personnel Director whether the
services of the employee have been satisfactory and
whether he will continue the employee in his posi-
tion. Such notice shall be on the prescribed form
and a copy shall be given to the employee. If the
evaluation is negative at six (6) months there will
have to be another evaluation done at the end of
nine (9) months if the department wants to keep the
probational employee. Employees on a six month
promotional probation will be re-evaluated in one
month, after the three (3) month evaluation, if
they receive an unsatisfactory report.
B. City Manager Responsibility:
At any time during the probationary period the City
Manager may remove an employee whose performance
does not meet the required standards, provided t~at
he shall notify the employee's department head and
the Personnel Director of the reasons for such
action. The same procedure holds true for a
Department Head to recommend removal of an employee
by notifying the Personnel Director and the City
Manager.
SECTION 14. MEDICAL EXAMINATIONS: Applicants for positions
in the City service may be required to undergo a medical
examination by a licensed Florida Physician to determine
physical and mental fitness to perform work in the position
to which appointment is to be ~made.
Ail employees of the City during their period of employment may
be required by their department head with the approval of the
Personnel Director, to undergo periodic medical examinations to
determine their physical and mental fitness to perform the work
of the position in which they are employed. Such periodic
medical examination shall be at no expense to the employee.
Determination of physical or mental fitness will be by a
physician or physicians designated by the Personnel
Director.
When an employee of the City is reported by the examining
-41-
physician to be physically or mentally unfit to perform work
in the position which he is employed, such employee may
within five (5) days from the date of his notification of
such determination by the examining physician, indicate in
writing to the Personnel Director his intention to submit
the question of his physical or mental unfitness to a physi-
cian of his own choice.
In the event there is a difference of opinion between the
examining physician and the physician chosen by the
employee, then a physician shall be mutually designated by
the examining physician and the physician chosen by the
employee whose decision shall be final and binding as to the
physical or mental fitness of the employee to perform the
work of the position in which he is employed.
The City shall pay its physician; the employee shall pay his
physician; and the third physician shall be paid by the
loser.
Applicants and eligibles determined to be physically or men-
tally unfit for service shall not be considered for appoint-
ment. An employee finally determined to be physically or
mentally unfit to continue in the position in which he is
employed may be demoted in accordance with these rules or
separated from the City service.
-42-
RULE XI
GENERAL PERSONNEL POLICIES AND PROVISIONS
SECTION 1. HOURS OF WORK: The City Manager shall establish
hours of work which insofar as practicable 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.
Employees shall be paid for legal holidays and those called
to work shall also be paid for the time worked as provided.
Hourly rate employees must work their regular work days
immediately before and after the holiday in order to receive
pay for the holiday or be in an authorized with pay status
immediately before and after the holiday. Part-time, tem-
porary, and emergency appointed employees shall not be
entitled to holidays with pay.
SECTION 2. LEGAL HOLIDAYS: Legal Holidays to be observed
by the City's employees unless such employees are required
to be on regular duty are New Year's Day, Martin Luther
King, Jr. Day, Presidents' Day, Memorial Day, Independence
Day, Labor Day, Veteran's Day, Thanksgiving Day, Day after
Thanksgiving, Christmas Eve, and Christmas Day and such
other days as may be specifically designated from
time-to-time by the City Council. The City Manager and City
Council reserve the right to declare these and any other
holidays on a date designated by them; such date does not
necessarily have to be on the specified traditional date,
but on a date that meets the best interest of the City;
except if noted otherwise by union contract.
Hours paid for holidays are based on the formula for deter-
mining sick leave in Section 4.
SECTION 3. VACATION LEAVE: Each full time employee, with
the exception of shift members of the Fire Department and
any other members of a bargaining unit, shall earn vacation
leave at the rate of one working day per month during the
first year of service. Each employee shall, at the end of
each year thereafter, be credited with additional vacation
days (accumulated in hours) for each full year of continuous
service as outlined in the chart below, but no additional
credit shall be earned after his or her 21st year of ser-
vice. Employees on initial one year probation are not eli-
gible to take vacation for the first six months of
employment. They may take up to six (6) days of vacation
-43-
during the second half of their probation ~ar (6 months).
If more vacation time is requested the City Manager must
authorize it. This vacation schedule wilI take effect on
September 29, 1983, and employees eligible will accrue such
leave time at the new rate a~ter adoption.
VACATION POLICY
Years of Service
Vacation Days
Vacation Hours
1 year 12 96
2 years 15 120
3 years 15 120
4 years 16 128
5 years 17 136
6 years 18 144
7 years 19 152
8 years 20 160
9 years 21 168
10 years 22 176
11 years 22 176
12 years 22 176
13 years 22 176 ~
14 years 22 176
15 years 22 176
16 years 24 192
17 years 24 192
18 years 24 192
19 years 24 192
20 years 24 192
21 years & after 25 200
For purposes of vacation leave, each shift member of the
Fire Department shall receive the equivalent of six (6)
shift days per year vacation. Each shift member of the Fire
Department shall earn one (1) shift day additional vacation
for each four years of continuous service, but no additional
credit shall be earned after his sixteenth (16) year of
service.
In computing vacation leave earned, no increments will
accrue for any pay week which includes three or more days of
leave of absence without pay. For uniformed members of the
Fire Department no increments will accrue for any three
week pay period which includes four or more days of leave of
absence without pay, or the appropriate percentage of the
pay period.
-44-
Vacation leave may be taken as earned subject to the appro-
val of the department head who shall schedUle vacations so
as to meet the operating requirements of the department.
Employees may accrue vacation~ leave to a maximum of the
leave earned in the most recent two employment years.
Provisional employees shall be entitled to the same vacation
leave allowance to which regular employees are entitled in
accordance with the provisions of this section, provided
they attain probationary status.
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.
Such leave shall be computed on an employment year basis.
Sick leave pay will be paid at the same rate as a regular
work day. Unlimited accumulation of sick leave is
authorized.
Sick leave shall not be considered as a right which an
employee may use at his discretion, but rather as a privi-
lege which shall be allowed only in case of personal
sickness or disability, legal quarantine because of exposure
to contagious disease, or in the case of illness within the
immediate family. No more than five working days in any :
calendar year may be taken as sick leave because of illness
within the immediate family. In the case of a prolonged,
serious illness within the family, an employee may take
more family sick time only if approved by the Department
Head, Personnel Director and City Manager and a doctor's
letter must be submitted. For purposes of this rule
,,immediate family" shall consist of the employee's spouse,
parents and children only. Sick leave will not be granted
if it falls on regular days off or on a holiday.
Sick leave is credited as follows: One fifth (1/5) of the
assigned average work week excluding overtime, holiday time,
etc., per month.
In order to be granted sick leave with pay an employee must
meet the following conditions:
A Notify his immediate supervisor not later than one
(1) hour after the beginning of the scheduled work-
day of the reason for his absence or within lesser
limits if required by the Department Head.
B. Permit such medical examination, nursing visit or
inquiry which the City deems desirable
-45-
Ce
Ee
File a written request' for such sick leave on the
form and in the manner to be prescribed.
Requests for more than three (3) days sick leave
must be accompanied by a doctor's certificate
explaining the absence and/or unfitness for duty.
If excessive sick leave is taken in such a way as
to indicate a pattern, random or otherwise, the
employee will be placed on restricted sick leave
and a doctor's certificate will be required for a
one day absence.
Employees serving a probationary period on an ori-
ginal appointment shall accrue sick leave in accor-
dance with the provisions of this section.
In computing sick leave no increments will accrue
for any week which includes three or more days of
leave of absence without pay. For uniformed mem-
bers of the Fire Department no increments will
accrue for any nine day cycle which includes five
(5) or more days of leave of absence without pay,
or two thirds of the pay cycle if other than nine
days.
In computing sick leave taken, all employees shall
be charged one hour sick leave for each hour not
worked because of illness.
Permanent employees that have exhausted their accu-
mulated sick leave and are still unable to return
to work, may draw against their annual leave
account. Such request must be made to the Depart-
ment Head by the employee, who in turn must notify
the Personnel Director on the prescribed form.
Claiming sick leave when physically fit shall be
cause for discharge.
Employees that have attained permanent civil ser-
vice status and are regular employees will have
payment made for unused sick leave at the rate of
one half (1/2) of the total number of hours accumu-
lated not taken, upon termination in good standing
or retirement. Part-time, temporary, probationary
and provisional employees are not eligible for
benefits outlined in this paragraph.
LIGHT DUTY - Employees may return to work with a
Light Duty Certificate and/or letter from their
-46-
physician provided there is work ~ailable within
the Department that would comply with the doctor's
requirements. If there is no such work available
the employee will remain on sick leave status until
he has a full release to return to work from his
doctor.
SECTION 5. LEAVE WITH PAY:
ae
JURY DUTY/WITNESS FEES - Ail pay granted under this
section must be approved by the City Manager.
Leave with pay may be authorized in order that
regular employees may serve required jury duty or a
subpoena issued by a court of law to appear as a
witness on cases relevant to the City, provided
that such leave is reported in advance to the
Personnel Director. In order for the employee to
receive their regular pay for such leave the
employee must deposit the money which he receives
for jury duty or as a witness with the City Finance
Department for those days that coincide with
his/her regular work schedule. Employees can keep
only travel expense monies. Employees subpoened as
witnesses in cases unrelated to City business may
take vacation leave in order to receive pay.
Be
MILITARY LEAVE: Ail employees in the City service
who are members of the military reserve units and
who must attend annual training sessions are
entitled to leave of absence with full pay. The
City of Boynton Beach pursuant to Florida Statute
115.07 - Officers and Employees Leaves Of Absence
For Reserve Or Guard Training, grants up to seven
teen (17) calendar days with pay each year in order
that such employees may fulfill their military
obligations.
Full-time permanent employees in the City service
who are called to perform military service may at
the discretion of the City Council be granted leave
of absence without pay for such service in accor-
dance with the provisions of Public Law 93-508,
Section 2021 - Right to re-employment of inducted
persons; Section 2024 - Rights of persons who
enlist or are called to active duty; reserves.
Ce
DISABILITY: Employees who are on disability
leave will have their positions held for a maximum
of six months after disability claim is accepted and
approved by the proper agency, after which they
will have their name placed on a re-employment list
-47-
as provided under the Civil Service Rules and
Regulations. In no case, however, will a position
be held open longer than nine (9) months from date
of incident.
If the employee fails to comply with any provisions
required by the agency handling the claim, they
will waive their rights for reinstatement in their
open position or any other position.
WORKERS' COMPENSATION: Whenever an employee is
totally disabled from duty for a period of no more
than seven (7) calendar days because of an injury
determined to be compensated under the provisions
of the Worker's Compensation Acts he shall be
entitled to full regular pay.
If the period of disability is greater than seven
(7) calendar days, the employee will be eligible to
receive a sum of money up to an amount equal to the
difference between his worker's compensation check
and his normal net take home pay. The injured
employee will be eligible to receive the salary
supplement fora period not to exceed three (3)
months from date of injury.
At the end of the three months, or sooner, the City
Manager, Department Head, and Personnel Director
will review the case for a determination of pay
status. If continuation of the salary supplement
is granted it can be at any rate determined
equitable by the reviewing committee, but not to
exceed an amount equal to the net take home pay.
In no case will the salary supplement be extended
beyond six (6) months from date of injury.
After six (6) months from date of injury, the
injured employee may elect to receive accrued sick
leave and after exhausted, vacation leave, in
accordance with his regular hourly wage, to the
extent that his combined sick leave or vacation
leave, City suppplement (if less than the full
amount authorized) and workers' compensation bene-
fits equal his regular weekly net take home
salary. The employee must contact the payroll
clerk to quality for the combined check.
It is incumbent on the employee to make application
for disability in accordance with the pen-
sion plan they are members of, or the insurance
-48-
plan they are covered under. Failure to do this
automatically cancels the additional City benefits.
If the appropriate ~isability plan denies the
claim, the additional City salary supplement bene-
fit will be cancelled. If the appropriate disabi-
lity plan accepts the claim, the salary supplement
will be cancelled after issuance of the disability
pension check or at the end of the time duration
outlined above, which ever comes first.
If an employee who is receiving Worker's
Compensation payment along with City supplement,
sick or vacation leave, is found to be working or
receiving compensation for his services elsewhere,
during this period, he will be subject to reimburse
the City for all medical expenses and supplement,
sick or vacation pay taken and be subject to
dismissal.
Eg
COMPASSIONATE LEAVE: In the event of the death of
the mother, father, foster parents, brother, sister
husband, wife, son, daughter, grandparents, grand-
children, mother-in-law, or father-in-law of a
permanent and probationary employee, such employee
shall be entitled to paid compassionate leave not to
exceed three (3) consecutive calendar days for any
one death. However, if it is necessary for the
employee to leave the State in connection with the
interment of the deceased, five (5) consecutive
calendar days shall be allowed. Employees must submit
proof of death in order to be eligible for this
article. The City Manager may grant additional leave
under this section when he deems it appropriate.
Fe
PREGNANCY LEAVE: Pregnancy leave will be
authorized and will begin when the employee brings
in a certificate from the doctor stating that it is
in the best interest of the employee's health to
begin a leave of absence. Sick leave or vacation
benefits may be used. The employee must notify the
Personnel Director in writing before the end of 30
working days after child birth of her intent to
return to work or her intent to resign.
SECTION 6. INSERVICE TRAINING: Any permanent full-time
employee may be accorded leave with pay to attend an
authorized training program, provided that:
Leave is requested by the employee's department head and
approved by the City Manager. When such leave is granted,
-49-
the Personnel Director shall be promptly notified Df the
reason for such leave, the course work to be~ompleted, and
the probable date of the employee's return to duty.
Leave shall be for time required to complete the course. In
no event shall any leave be approved or granted under this
rule except where there are adequate, unencumbered funds
available in the departmental budget which are sufficient to
cover the cost of such training.
Completion of such training will considerably improve the
employee's job knowledge and substantially increase his
efficiency.
In the event the final examination is failed or the course
not completed, employees granted leave under this rule shall
reimburse the City for one-half the cost of such training
course.
If the employee leaves the City service within one (1) full
year after completion of such training, he shall reimbuse
the City for the total cost of such training course if the
City Manager requires. Employees granted leave under this
rule shall continue to accumulate both sick and annual leave
at their regular rate during the period of training.
The City Manager must approve all payments made on leave
with pay but in no case will more than thirty (30) days be
approved without approval of the City Council.
SECTION 7. LEAVE WITHOUT PAY: A regular employee may be
granted leave of absence without pay for a period not to
exceed one year for sickness, disability or other good and
sufficient reasons which are considered to be in the best
interest of the City. Such leave shall require the prior
approval of the Department Head, the Personnel Director and
the City Manager. Employees that are on approved leave of
absence without pay will be responsible for paying all their
benefits, i.e., insurances, etc.
Except under unusual circumstances, voluntary separation
from the City service in order to accept employment not in
the City service shall be considered as insufficient reason
for approval of a request for leave of absence without pay.
If for any other reason, leave of absence without pay is
given, such leave of absence may subsequently be withdrawn
and the employee recalled to service. All employees on
leave of absence without pay are subject to applicable pro-
visions of these rules.
-50-
SECTION 8.
PROHIBITIONS: POLITICAL ACTIVITIES AND
UNLAWFUL ACTS:
A
NO person shall be appointed to, demoted, or
dismissed from any position or in any way favored
or discriminated against with respect to
employment, because of race, color, national ori-
gin, sex, handicap, religious creed, or political
opinion or affiliation.
B. No person shall use or promise to use, directly or
indirectly, any official authority or influence,
whether possessed or anticipated, to secure or
attempt to secure for any person an appointment or
advantage in appointment to a positon in the city,
or an increase in pay or other advantage in
employment in any such position, for the purpose of
influencing the vote or political action of any
person or for any consideration; however, letters
of inquiry, recommendations, and references by
public employees or public officials shall not be
considered political pressure unless any such
letter contains a threat, intimidation, or irrele-
vant, derogatory, or false information. For the
purposes of this section, the term "political
pressure," in addition to any appropriate meaning
which may be ascribed thereto by lawful authority,
includes the use of official authority or influence
in any manner.
C. No person shall, directly or indirectly, give,
render, pay, offer, solicit, or accept any money,
service, or other valuable consideration for or on
account of any appointment, proposed appointment,
promotion to, or any advantage in, a position in
the Civil Service system of the city.
D. As an individual, each employee retains all rights
and obligations of citizenship provided in the
Constitution and laws of the state and the
Constitution and laws of the united States.
However, no employee shall:
1. Hold, or be a candidate for, public office while
in the employment of the city or take any active
part in a political campaign while on duty or
within any period of time during which he is
expected to perform services for which he
receives compensation from the city. However,
when authorized by his Department Head and
approved by the City Manager as involving no
-51-
interest which conflicts or activity which
interferes with his city employment, an employee
in the Civil Service may be a candidate for or
hold local public office. The City Council
shall prepare and make available to all affected
personnel who mak~e such request a definite set
of rules and procedures consistent with the pro-
visions herein.
Use the authority of his position to secure
support for, or oppose, any candidate, party,
or issue in a partisan or non-partisan election
or affect the results thereof.
No City employee or official shall use any promise
of reward or threat of loss to encourage or coerce
any employee to support or contribute to any poli-
tical issue, candidate, or party.
No person elected to public office or members of
their immediate family shall, during the term for
which he was elected, be appointed to any position
in the classified service.
No person shall make any false statement, cer-
tificate, mark, rating or report with regard to any
test, certification or appointment made under a~¥
provision of the Charter and these rules, or in any
manner commit or attempt to commit any fraud pre-
venting the impartial execution of 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 consideration for or on
account of any appointment, proposed appointment,
promotion or proposed promotion to, or any advantage
in a position in the claSsified serviceo
No employee, examiner, or other person shall
defeat, deceive or obstruct any person in his right
to examination, eligibility, certification or
appointment under the Charter and these rules, or
furnish to any person any special or secret infor-
mation for the purpose of affecting the rights of
prospects of any person with respect to employment
in the classified service.
Any employee who violates any of the
provisions of this section shall forfeit his
position. (See also Dismissal Rule XII).
-52-
SECTION 9. EMPLOYEE RIGHTS OF APPEAL: Upon the dismissal,
suspension without pay of six (6) or more consecutive
working days, or demotion of any permanent employee in the
classified service, the City Manager shall within twenty-
four (24) hours, give the employee a written statement of
the reasons for such dismissal, suspension, or demotion and
shall immediately file a copy thereof with the Civil Service
Board.
If the employee desires, he may, within fourteen (14) calen-
dar days after such dismissal, suspension, 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 (10) days, set a date for a hearing. Notice of
the time and place of such hearing shall be served upon the
City Manager and the employee either personally or by
registered mail at least five (5) days before the date of
the hearing.
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, pro-
vided that such adjournment, in all, shall not extend beyond
sixty (60) calendar days from date of the dismissal, suspen-=
sion, or demotion.
Both the affected employee and the City Manager shall be
given full opportunity to be heard in person and, at the
option of each, to be accompanied by counsel; provided
further, that should the City Manager elect to be accom-
panied by legal counsel, the affected employee shall be
notified of his right to be accompanied by legal counsel
prior to the commencement of the hearing.
The Board shall sit as a body to consider such evidence as
it deems pertinent in determining the facts in the case.
The City Manager and the Department Head shall first present
their evidence, the employee shall present his evidence and
both sides shall have the opportunity for rebuttal. The
Board shall determine, on the basis of the evidence sub-
mitted, the merits of each case.
The Board shall follow the Rules of Evidence, and shall
avail itself of an attorney-at-law of its choice whose com-
pensation shall be fixed and paid by the City of Boynton
Beach.
Ail testimony presented in a hearing before the Board shall
be presented under oath. For such hearing the Board shall
fl¸
-53-
have the power to subpoena the attendance and testimony of
witnesses and the production of books and papers relative to
the case in question. Such subpoenas are to be served by a
member of the Boynton Beach Police Department and it shall
be unlawful for any person to fail or refuse to respond to
such subpoena issued by the Board without a legitimate
excuse.
Ail testimony given at a hearing before the Board shall be
recorded and transcribed by a court reporter or by such
other means of recording as may be acceptable to the Board.
Ail witnesses demanding witness fees for attendance at any
hearing shall be entitled to a per diem of ten dollars
($10.00) such sum to be paid by the City of Boynton Beach.
No employee of the City of Boynton Beach summoned by the
Civil Service Board to testify at a hearing shall be
entitled to any compensation for such service.
The Personnel Office shall spread upon the official 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 forty-five (45) days from the date of the Board's
rendering of a decision. Final decisions of the Board shall
be transmitted to the City Manager and executed by him.
Should the Board decide after a hearing that an employee in
the classified service has been unjustifiably dismissed,
suspended, or demoted and their decision is not reversed by
a ruling or decision of the Circuit Court in and for Palm
Beach County, Florida, said employee shall be returned to
the position he held prior to the dismissal, suspension, or
demotion.
The employee will be eligible for up to a total of six (6)
months compensation at the regular pay grade and step for
his classification at the time of his dismissal, suspension,
or demotion. This compensation shall be paid to the
employee for the time he has been declared unjustifiably
dismissed, suspended, or demoted by the Board, provided that
the Board's decision has not been superseded by a decision
or ruling of the Circuit Court in and for Palm Beach County,
Florida. See also, the City Charter, Section 72.11 and
72.12
SECTION 10. GRIEVANCE PROCEDURE:
A. POLICY: It shall be the policy of the City of
-54-
Be
Co
Boynton Beach to provide a procedure for the pre-
sentation and mutual adjustment of points of
disagreement which may arise between permanent
employees and their supervisors, and to assure
employees that their problems and complaints will
be considered fairly, honestly, and without repri-
sal.
PURPOSE: The primary purpose of the grievance pro-
cedure is to determine WHAT is right rather~than
WHO is r~ght. Free Discussion between employees
and supervisors will lead to a better understanding
by both, of the practices, policies and procedures
which affect employment. It will also serve to
identify and heip ~liminate Conditions which may or
conceivably ha caused misunderstandings and
grievances. ~ defeated if a spirit of
conflict ent consideration of a
grievance. ~mployees alike must
realize and recognize the true purpose of a
grievance ~rocedure is to.have
~alue in ' ' the City
Service.
A grievance is a
to
, ~hips
supervisor or
g:rievances arising
cerning suspensio
days, wages,
are
to
grievance w~
con-
(6) or more
~ls.
s or:less
3oard.
~: employee
.on of a
days from the
incident in question or the procedure will nou be
valid.
PROCEDURE FOR PRESENTATION OF A GRIEVANCE. The
empl~oyee shall, within ten (10) calendar days of
the incident, first take his problem, complaint or
grie~vance to his immediate.supervisor who shall
review the problem, imake a. decision, and advise the
employee of this decision within three (3) working
days. It Ks neither necessary nor desirable that
the grievance be presented in writing at this
point. Supervisors are encouraged to consult with
their department heads or individual who may be
able to offer assistance information rela-
tive to the grievanoe.
-55-
If the grievance is not resolved t0 the employee's
satisfaction by the supervisor, or if a decision is
not made within the time specified, the employee
may submit his grieyance and it must be in writing
on prescribed form to his department head. It
shall be the responsibility of the department head
to consult with the Personnel Director to determine
whether or not the grievance is subject to
established Ordinances, Resolutions, administrative
regulations, or these rules. Upon receipt of
notice from the Personnel Director that the
grievance is not subject to any of the above men-
tioned limiting laws, the department head shall
investigate the grievance and make a decision in
writing within three (3) working days. The
grievance will be based solely on the report sub-
mitted by the employee.
If the grievance is not resolved to the employee's
satisfaction by the department head, or if a deci-
sion is not made within the time specified, the
employee may take his problem to the Personnel
Director, and it shall be incumbent on him to
thoroughly investigate the grievance as submitted
in writing to the Department Head and to render~a
fair and impartial decision within five (5) working
days.
If the grievance is not resolved to the employee's
satisfaction by the Personnel Director, or if a
decision is not made within the time specified, the
employee may request a review of his case by the
City Manager. All such requests must be made in
writing and a copy sent to the Personnel Director.
Such requests must be filed by the employee within
three (3) working days after receipt of the
Personnel Director's decision, and, in any case,
not later than eleven (11) working days after he
made his original request to his department head.
If the grievance is not resolved to the employee's
satisfaction by the City Manager, within three (3)
working days, or if a decision is not made within
the time specified, the employee may request that
his grievance be submitted to the Employees'
Grievance Board. All such requests to the
Employees' Grievance Board must be made in writing
and a copy of such request furnished to the City
Manager within three (3) working days after receipt
of the City Manager's response.
-56-
It shall be the duty of the Employees' Grievance
Board, after carefully weighing all facts contained
in the employee's written statement of grievance
and written statements containing decisions reached
by his supervisor, ~epartment head, the Personnel
Director and the City Manager, to judge each case
fairly the
written
six
(6) or
taped or have minutes taken. After
a
of the Employees' Gr
findings in the case.
a deci-
~ir deci-
all
Manager
the findings
and all other
Should the employee's complaint arise from his
suspension of'six (6) or more consecutive working
days,: or ~action vant to promotion, demotion or
dismissal., it be referred to the
but shall be imme-
diately r:e ~ the City Manager for
appropriate action as outlined elsewhere in these
rules.
SECTION 11. ESTABLISHMENT OF EMPLOYEE'S GRIEVANCE BOARD:
PROCEDURE: A seven (7) member Grievance Board to
review employee complaints relative to employment
or working conditions shall be established. The
following are exclusions for presentation:
grievance arising from the employee's suspension of
six (6) consecutive days or more, demotion or
dismissal; which are solely the responsibility of
the Civil Service Board; or employees that use a
union or other grievance procedure can not have
their case reheard by the Employee Grievance Board,
or visa versa.
In order to establish fair and equitable represen-
tation on said Board, the City service shall be
divided into Units, so far as is practical, and
each permanent employee in the Unit shall vote for
a :representative and an alternate to the Board
using a sealed ballot box. Votes will be tabulated
by~ the Personnel Director and members of the Civil
Service Board. The City Service shall be divided
into Units as follows:
-57-
Unit 1:
Administrative: Ail departments in City
Hall, civilian personnel in Police and
Fire, administrative of Public Works and
Utilities and Library.
Unit 2: Fire Department
Unit 3: Police Department
Unit 4: Public Works & Building Maintenance
Unit 5: Utilities Department
Unit 6: -Recreation, Parks and Golf Course
Unit 7: Building, Engineering & Planning
Elections to the Employee's Grievance Board shall
be held every two (2) years during the first week
in December. No person shall serve more than one
(1) consecutive term on said Board, whether as
representative or alternate. No department head
nor employee exercising supervision over the work
of others may be elected to the Board.
Representatives and alternates shall take office
immediately after election results are certified.
In the event that the employment of any Unit repre-
sentative or alternate is terminated for any reason
during his period of service on this Board, the
Unit shall within four (4) weeks hold an election
and select a replacement and shall notify the
Personnel Director of such selection. Notice of
any replacements on this Board shall be promptly
reported to the City Manager, the City Council, and
to every department in the City Service. Ail elec-
tions and functions of the Board shall conform to
these rules.
ELECTION OF BOARD MEMBERS AND ALTERNATES: Each
Unit in the City Service shall nominate candidates
for representatives and alternates who will serve
during the absence of said representatives. All
candidates must be permanent employees. All names
submitted for that division will be alphabetically
placed on the ballot. The candidate receiving the
highest number of votes will be named the Board
member; the candidate receiving the second highest
vote will be named alternate. Ballots shall be
placed in sealed ballot boxes by the employee.
After the ballots have been tabulated, a list
-58-
showing representatives and alternates for each
Unit shall be prepared by the Personnel Director
and copies of said list forwarded to the City
Manager, members of the City Council and to every
department in the City Service.
MEETING OF THE GRIEVANCE BOARD: As soon as
possible, after each election, and in any case
within two (2) weeks thereafter, Board represen-
tatives shall hold an organizational meeting and
name a chairman who shall preside at all meetings;
said chairman vote in:all deli-
berations and de Board. Notice of
the selection of 11 be forwarded
promptly to the Cit~ ers of the City
Council and the Personnel Director.
The Grievance Board shall meet on call as requested
to review all grievances submitted to them and
after true of each indivi-
dual case, in writing, to
Director, and the
review of his
case.
SECTION 12. EMPLOYEE PERFORMANCE RATING: Employee perfor-
mance rating reports relative to, but not limited to, the
conduct, capacity, and performance of all regular employees
shall be made by department heads at least once each year on
the form and in the manner prescribed by the Personnel
Director. The employee performance rating will be used to
indicate the eligibility of an employee for their annual
salary increase. If an employee fails to receive an
increase due to a poor evaluation report, or if the employee
is on extended leave, said be eligible for
reconsideration upon receipt the evaluation report
covering the following three months period, or when the
employee returns t° work, If an employee fails his eva-
luation at the end of this three month extended period he
will be re-evalUated each month thereafter for the next
three months. If said employe
unsatisfactory evaluations
will be subject to discipli]
would not interfere with
increase which would be due on
Rule XII, Section 5A)
conltinues to receive
three months he
n. This extension
s next annual
anniversary date. (See
Such ratings may be considered as a factor in promotional
examinations and as factor in any other personnel transac-
tions where it is not contrary~ to City Charter or these rules.
-59-
Any employee, upon application to the Personnel Director,
during regular working hours, may ascertain his own perfor-
mance records as maintained in the Personnel Office. He may
also, with the consent of the Personnel Director, inspect
any reports made by his supervisors concerning him. He may
also place written responses to such reports in his file, a
copy of which must go to his department head.
For probationary employees' performance ratings see Rule X,
Section 13A.
SECTION 13. PERSONNEL FILES: The individual personnel
records of employees of the City of Boynton Beach shall be
open to inspection only by persons who can show good reason
or cause why they are entitled to such information by
filling out a prescribed form, copy of which is sent to the
employee; but may be made available to administration offi-
cials of the City in connection with the performance of
their duties. Public disclosure of information from such
records shall be made in accordance with Florida State
Statutes.
SECTION 14. PERSONNEL DATA: It is the incumbent duty of
all employees to notify the Personnel Department in writing
whenever there is a change of address, or telephone number
of the person whom to contact in case of emergency.
-60-
RULE XII
SEPARATION AND DISCIPLINARY ACTION
SECTION 1. RESIGNATION: Any employee wishing to leave the
City Service in good standing Shall file with his department
head, at least two weeks before leaving, a. written resigna-
tion stating the date the resignation shall become effective
and the reason for leaving. Failure to comply with the pro-
cedure may be considered cause ford
future employment by the City. Unaut
wor~k for a period.of three ~(3)working
sid~er~
Personnel Director i:
ce:
:h employee
~ed absence~from
con-
SECTION 2. LAYOFF: : The any
employee in:the class such action is
made necessary by reason of: of work or funds, the
abolition of a Position or because of changes in
ill be laid off
~ probationary
employees for whic~
the regular employee
Whenever the layoff of one or more employees shall become
necessary the City Manager shall notify the Personnel
Director, at least ten (10) days in advance of the intended
action and the reasons therefore. The Personnel Director
shall thereupon furnish to the appointing authority the
names of the employees to be laid Off in the order in which
such layoff shall be effected.
Such layoff shall be made within classifications of positions
and departments when probationary and regular employees are
involved. Temporary and provisional employees, irrespective
of department, shall be laid off, in that order prior to
layoff of probationary or regular employees.
The order of layoff shall be in reverse order of total con-
tinuous time served upon the date established for the layoff
to become effective.
For reductions in force affecting police and fire uniformed
class, the forgoing procedure shall apply unless otherwise
covered by contract with the exception that Senior classes
will displace Junior classes. Example would be: if a
Police Captain's position is to be abolished, the incumbent
(in seniority and merit) would displace a Police Lieutenant,
-61-
who would displace a Police Sergeant who would displace a
Police Officer, who would displace any probationary or pro-
visional or temporary, or be separated as the case may
~require.
SECTION 3. SUSPENSION: The City Manager may, for discipli-
nary purposes, suspend a regular employee without pay for
such length of time as the City Manager considers
appropriate, but not to exceed sixty (60) days in any
twelve month period nor more than thirty (30) days for any
single suspension. A written statement of the reason for
suspension shall be submitted to the Personnel Director and
to the employee affected in each case, such statement to be
submitted within 24 hours of the time the suspension becomes
effeCtive.
A regular employee may be suspended by the City
Manager without pay for a longer period pending
the investigation or trial of any charges against
him. Such employee determined to be innocent of
the charges against him may be returned to duty
with full pay for the period of suspension, but in
no case will the employee be eligible for more than
six (6) months full pay if the investigation
exceeded that six (6) month period.
An employee suspended with pay pending an investi-
gation of charges against him will not be con-
sidered on suspension, but rather, paid leave of
absence.
SECTION 4. DISMISSAL, DEMOTION AND SUSPENSION: Any
employee in the classified service may be dismissed, demoted
or suspended by the City Manager for cause. Although such
action may be based on other causes, any one or more of the
following shall be sufficient:
Incompetency and/or inefficiency in the performance
of duties.
Conviction of a criminal offense or of a mis-
demeanor involving moral turpitude.
Violation of any of the provisions of the Charter
or these rules.
Violation of any lawful and reasonable regulation,
order or direction made or given by a superior officer.
Public intoxication or drinking any intoxicating
beverage while on duty; being addicted to the use
-62-
Fe
Ge
Je
Km
L
Ne
Re
of narcotics or under the influence'of any drug or
narcotics or having alcohol on the breath when
reporting to duty.
Offensive conduct or language toward the public or
fellow officer or employees or abusive public cri-
ticism of his superiors or public officials.
Carelessness or negligence in the use of the pro-
perty of the City; the theft or misuse of any
equipment, materials, property or other things of
value belonging to the City of Boynton Beach.
Being in a City owned vehicle with alcohol or other
narcotic substance.
Attempting to induce any officer or employee of the
City to commit an act in violation of any lawful or
reasonable regulation.
~Conduct, either while on or off duty, which
reflects discredit upon the City.
Hindering the regular operation of the department
or division because of excessive absenteeism.
Incapacity for the proper performance of duties
because of a permanent or chronic physical or men-
tal ailment or defect.
Being absent without leave or failing to report
after leave of absence has expired.
Failure to maintain a satisfactory appearance.
No employee can receive his salary plus outside
compensation while on duty. Such outside compen-
sation must be turned over to the City.
Has used, or threatened to use, or attempted to use
political influence in securing promotion, leave of
absence, transfer, classification change, pay
increase, or character of work, or uses such
influence to by-pass department chain of command.
Has intentionally falsified the records or has
failed to report absences from duty to his super-
visors in accordance with prescribed procedures.
Has been habitually tardy without sufficient cause,
thus hindering the regular operation of his department.
-63-
Se
Is willfully antagonistic in his attitude toward
supervisors or fellow employees, continually criti-
cizing orders or rules issued or rules adopted by
his supervisor, or conducts himself so as to inter-
fere with the proper coordination of the work
effort in his department to the detriment of effi-
cient public service.
Te
Employee cannot work for any firm that can pose a
conflict of interest, i.e., contractor doing work
with the City, or any other conflict.
Ue
Has been convicted of the unlawful possession, use,
dispensing or sale of any narcotic, barbiturate,
mood,elevating, tranqualizing or hallucinogenic
drug, or other stimulant as defined in Florida
State Statute 404.1, either on-duty or off-duty.
SECTION 5. DEMOTION FOR INABILITY AND/OR UNSATISFACTORY
PERFORMANCE OF DUTIES:
ae
An employee charged with unsatisfactory performance
of duties, after the second three month evaluation,
is subject to dismissal, suspension, or demotion
procedures provided the following procedure has
been followed: The employee's department head Jr
designee has given the employee a written eva-
luation outlining the unsatisfactory performance.
The employee must sign for this evaluation or give
written reason why he will not sign.
If there is no improvement, the employee is subject
to the above disciplinary steps or other discipli-
nary measures.
The demotion of an employee involving the change
from a position in one classification to a position
in another classification for which the maximum
rate of compensation is lower, shall be considered
a classification demotion. Such demotion may be
made upon the employee's written request with the
approval of the department head, City Manager, and
Personnel Director or may be made by the department
head in writing to the City Manager with a copy to
the Personnel Director.
In either case, the department head must forward
his recommendation to the City Manager with a copy
to the Personnel Director. Demotions may also be
made in lieu of layoff at the election of the
employee and the approval of the department head,
City Manager and Personnel Director. A written
-64-
statement of the reason for demotion shall be sub-
mitted to the employee affected and to the
Personnel Director.
SECTION 6. DEMOTION FOR PHYSICAL INCAPACITY: Whenever a
permanent employee in the City force is physically or men-
tally incapacitated and is unable to perform his assigned
duties, he may, by his own initiative, request appointment
to a position in a lower classification, duties of which he
is able to perform, )n is available in
any department. Such dem¢ considered a
classification demotion and must be approved by the City
Manager. The City also demote an employee who
is no
his assl~ of
which i to perform, provided such posi-
tion is ava
-65-
RULE XIII
EMPLOYEE ASSOCIATIONS
SECTION 1. The City of Boynton Beach will adhere to the sec-
tion of Florida Statutes, Chapter 447, which deals with
public employees right to organize along with the defini-
tions and terms entitled Rules of the Department of Commerce
Public Employees Relations Commission.
SECTION 2. The budget submission date is July 15, and this
date represents the day the City's Budget is presented to
City Council.
RULE XIV
AMENDMENT OF PERSONNEL RULES
SECTION 1. AMENDMENTS: Amendments or revisions to the
rules may be recommended for adoption by the Personnel
Director, City Manager, City Council or Civil Service Board
through the Personnel Director and City Manager Additions
and/or deletions to these rules and regulations will not
affect members of bargaining unit members unless ratified to
their current contract. Such amendments or revisions of the
rules shall become effective after approval by the City
Council.
RULE XV
SAVING CLAUSE
If any section or part of a section of these rules is held
by any court to be invalid or unconstitutional, the same
shall not invalidate or impair the validity, force and
effect of any other section or part of a section of these
rules unless it clearly appears that such other section or
part of a section is wholly or necessarily dependent for its
operation upon the section or part of a section so held
invalid or unconstitutional
-66-
APPENDIX A
I. ISSUE:
POLICE DETECTIVE (GRADE 28)
POLICE SERGEANT (GRADE 30)
POLICE LIEUTENANT (GRADE 33)
Currently a Police Detective can take the Lieutenant
exam after two (2) years experience as a Police
Detective and, if a passing grade is made, be eligible
for promotion to Lieutenant. A Police Sergeant can
also become a Lieutenant. The difference is that the
Sergeant has gained practical supervisory experience
and the Detective has not. Since it is felt that
supervisory experience should be a prerequisite for
promotion to Lieutenant, it is proposed that the Civil
Service Rules be amended to resolve the following con-
cern.
II. PROPOSAL:
ae
The City will create as many added "Special" Sergeant
positions as is necessary to provide an opportunity for
Detectives to obtain the necessary supervisory
experience. This opportunity will be offered to only
those persons who appear on List ~1 below.
After this opportunity, Detectives who do not par-
ticipate in the "Special" Sergeant positions will no
longer be eligible to go directly to Lieutenant.
Current Detectives will be eligible to become
"Special" Sergeants on probation (see list at end
of memo), and be paid as a Sergeant.
De
Ail new probationary "Special" Sergeants will serve
as Road Patrol Supervisors during the probationary
period and be assigned throughout the department in
order to gain broad experience.
Ail Regular Sergeants will also be assigned
throughout the department during this period in
order to gain broad experience.
Em
Probationary "Special" Sergeants (who were
Detectives) will, at the end of a two year period,
become permanent Sergeants or remain as Detectives
as determined by passing probation after a Sergeant
exam - written and oral.
-67-
Ge
FailUre to pass the special exam at the end of two
(2) years will cause a return to Detective position
with pay status adjusted to that grade.
The next Lieutenan~ exam (within the next two year
period) will be taken only by the present Sergeants
(see list below). Lieutenant exams given after
the two year period will be open only to Sergeants,
i.e., those Regular Sergeants and those who suc-
cessfully went through the "Special" Sergeant pro-
bationary period and passed the Sergeant exam.
Special Sergeants can take sergeant promotion exam
when the'next one is given and, if they pass, be on
list for Regular Sergeant. If said exam is failed,
Special Sergeant will have opportunity to take a
specially scheduled Sergeant exam at end of two (2)
year period. If pass, stay as a Sergeant; if fail,
return to Detective.
III. LISTS
LIST
DETECTIVES
ELIGIBLE
FOR SPECIAL
SERGEANT
LIST ~2
SERGEANTS ELIGIBLE
FOR NEXT LIEUTENANT
EXAM (In next two
year period if meet
minimum requirement
at time of exam.)
LIST ~3
REGULAR SERGEANT
PROMOTION (Patrolmen
on regular Sergeant
list that expires in
3/86)
*Esposito Galbraith
*Carrion Padich
*Graham Grenier
*Brooks McGowan
*Harris Hammack
Kirrman Caudell
Mottl Albertus
Sheridan Thrasher
Nicholas
Ostaszewski
Nissensohn
Haugh
Swain
Yannuzzi
*Detectives marked by asterisk in List %1 will serve
only a six (6) month probation as a Special Sergeant.
Special Sergeants will not be eligible for Regular
Sergeant positions for period of two (2) years after
becoming Special Sergeant, unless Regular Sergeant list
is exhausted prior to 3/86. Promotional exam for
Regular Sergeant will then be given to all eligible
Patrolmen, Detectives and Special Sergeants eligible to
-68-
take the Regular Sergeant exam and, if~ Promoted to
Regular Sergeant, will then serve six (6) months proba-
tion, with the exception of those Special Sergeants who
already served six (6) ~onth probation.
-69-
APPENDIX B