O#257vR~ii,,AN~ NO. 2~7
AN 0RDiN~CE ESTABLISHING A CiViL SERVICE BOARD~
SETTING FORTH ~QUIRE}~NTS OF E%AHZJATiON~
0F BOAED~ B~DGET FOR OPERATION OF BOkRD~ DESiG-
T0 PRONF~LGATE BY~LAW~ PROVIDING P~NALTIES FOR
ViOLAWION~ Ai'~ REPEs~LiNG ALL ORDINANCES CONFLICT-
iNG ~PSWiTH.
o~vm~ Service Board for theomoy ~ ~ of Boynvon Beacn~
~or~da~ is hereby created to be cos~posed or five persons quali-
fied as herein provided.
~he i~itiai Civil Service Board shall consist of five mem-
bers~ ~D_ree members of said Board to be -sersons of different voca-
tions~ no~ employed by said municipality in ~ny otnez ....... ~tv
official or otherwise~ and two of them sha~ be appoint ~ by the ~y
~o~c~ of u~_e City of Boynton Beach~ Fio~ida One of the '-~?,~' ~
sno~l be appomnzea for three years~ one for two years from the
of appointment and in -x .... ~ ...... ~ ......... ~
City of Besnton Besch~ Fiorida~ shai'!/~n Aike manner either reappoint
the member whose term shall expmre mn that~year to serve fop
terNI of three years~ oP appoint one Daf sen as %he successor of
member whose term shall expire in that year -6o serve as such malabar
fo_ three years ann until his successor is appointed ane qualified.
The third
a.~ fourth ..... '
m=moe~ s of said Board shall ce elected by City
employees at large~, but if fr.o~ the=mp~oy~m ~ -'~'-~s~ both shall not be from
~n~za and !odz~ft members shall
the same departm~nt~ the term of said =~ ~-~ ..... ~'~
be for one year. The fifth member sna~.~ ce elected by the four
bors afore~aentioned for a norm of one year, The time for sale sic
sna~ be set by the five members appointed to said Soard ann sherea~eP
said eleovion shall be held on or abou'~ ....
Whenever a vacancy' s~sil oc:~ur in the membership or the Civil
Service Boa. rd~ wnevner csusee by deaun~ resigna'~ion~ disqualification
or .otherwise~ a person qualified hereundez s~ali be appointed by' the
City Comacil or eieuted Oy the empioyees~ or appointed by ~he Ci~ii
Service BoaF~" ' .... wri=~ever~ '~'~ .,~a~-~'~v be ~ .~,~ica~~"' "-" "~ 'co fill_ such vacancy for
The Civil Service Board shall hold not less ~ha.n one regular
meeting each month and hold
...... ~na~ when required for the
vra~sac~mo£~ of business by said Boarm. Any ti~ee (3) members of the
Board shall '" ................
u~z~u~uu.~ a quor~mm, All members of tile ,~ivii ~ervice
Board shall serve withou~ recompense~ unless otherwise ~}rovidsd by
~y Council.
Sectio-r'_, ~.__.ELECTi0i~ OF Cf'~iRi>b~~EE~] E]~MEI~JE~I Ai~D SECR~TARY~
i~£media'¢eiy after a.ppoinvments and elec'tions of the first
Board have been made and i~2~edia~eiy after Js.nuary~ 1-9~ and each
subsequent year~ the Board shall organize by' electing one of its
memoers as enalrmaa arid one of its :;embers as Chief E;<aminer -~
~ecretary to hold office until ~h~ selection and qualification of
their successors at the ~a:ct organization mee~mng of said Board.
The Czvil Service Boa~d is au-6horized to employ such
cierks~ stenograpi~ers and other clerical help as may be reasonably
necessary for ~che proper performance of ~b~e duties of said
A sufficient sum of money shall be appropriated each year
by the City Council for the purpose of properly organizing and main-
taining the Civil Service Board~ as herein created~ and to carry out
the purposes of this Act, it shsii be the du~.y of the Board to file
its estimate of expenses for the e'asuing fiscal year with the City
o~aacm_ on or before the last day of July preceding said fiscal year.
Ail salaried officers ann employees of the City of Boynton
Beach~ Florida (otzier than elective officers~ the city attorney~ ti~e
municipal judge and persons employed for temporary duty o~y) who
shall be such employees at the time of the appointment by the City
ouncm~ of ~'~e f~irs~ ~vm~ Service Boars here~zaaer~ are hereby de-
ciared to be members off the Civil S~zvice of the City of Boy:ton
B~h~ Florida ann to ce subject ~o ali the ;orovismons of this article
and entitle, d to ali its benefits without -~ne necessity of an exsmi-
~a~ion~ p~ysical cz meI~tal or to a~y' appoin'tment ex:epv for purposes
of ~omotion Future officers and employees of '~he said City ~'~ ....
after being empio~ea in any ~y'pe of em'ploymen~ similar ~o those
covered in the preceding sentence~ shall become members ~ the Civil
Service after they have been em-oloyea pursuant to the provisions of
this Act ....
ann the rules and reguia'~ions adopted ....
urme~ its ao. tnorivy.
~ec-tion ~ REpoR~ES REQUiR~
From time to -~ime as often as shall be required by the City
Co~cii of the City of Boynton Beach~ Fiori0. a~ ~;'~e Civil Service Board
snail ~e:nder reports of its accompiishmenvs and actions of 'the status
a~.ad cisssification of m-anici~oal employees a~ad of appiica~ats for muni~
cipai employment. The Board shall render an ar~r~a± re~oort ~-o the
City Council covering all phases of Civil Service operations duriz~,g
the year for which the report is rendered such as appoi~;tments~ per-
manent~ provisional and vem~ora, ry and ail translezs~ promotions~ sus-
penszons., resignations or vacancies from any cause~ e~mminations~
investigations~ appeals~ etc.
Section I0o ADOPTION OF ui~±~u.~.ai'~ uuu~ OF R-OiLES AND
The Civil Service Board shall adopt~ amend and en£orce a
~oae o~' rules and regulations as approved by the City Council pro-
viding for the seieCtion,~ -~ ~ ~'~ ~
e,~amzn~o~ qualificstion~ registration
and em0ioyment off ail ~' ~ .... '~
~ emp~oye~s of the ~m~y of Boynton Bea. ch~ Florida~
in the ~ ~'-
~pes of employment mentioned in Section 8~ above~ based upon
a~tamnmen~ which
~a~.~a~e_ ~ ~nd~ tr~ and mental
code ann ~enm~,~.~s s~amm have the force and effect of law.
The Civil Service Board shall ~rovide for examinations for
==s~s of eligibles Zo appoint
sslaried employees only and maintsin ~ ~ =
in all Depar~men~
Section i2, PROCEDb3.E FOR APPOiNT}~NT OF E;!PLOYEES:
No person shall be eligible for employment or any type of
employment covered by the Civil Service~ except upon reco~fsaendasion
of the Civil Service Bosrd~ selection by and. under the authority
the City Council and appointment by the Civil Service Board° When
necessity' for employment shall exist in any- t}.t}e of municipal em-
pioyme~r~ covered by the CiVil Service~ a list of three
o,_mgibie ~er-
sons in ~he order of their passing grade~ starting with the highest~
shall be furnished by the Civil Service Board to the department con-
cerned for each position ~o be filled and the head of the de'oart~nt
or other authorized person~ shall select £rom said list the person
or persons to be appointed to fill such -oosi~cions and certii'y their
names ~o the Civil Service Board~ who shk~ii thereupon issue certifi-
cates of the empioyuuent to such persons so employed, if selection is
other than the highest passing grade~ an explanation as ~o the reason
for making selection must ce _,u~n~sn~a the Board.
Sec,=on ~ OF PAOMOTiNG E}PLOFE.~S:
The Civil Service Board shall by i~s rules provide for
oromovion of all employees who snsii be engaged in types o£ employ-
menz covered by' the Civil Service~ u~on a bssis of ascertained merits~
seniority in service~ ef£iciency~ cnaracter~ industry and mental az-
tair~ent~ giving due consideration in the making of any reco~m~ended
list for the filling of all vacancies to the eligibility of any sub~
ordinate employee for promotion°
Section _LC, APi~OI}~T~'.'~fNm AND PROMOTION
No ap-oointment~ ~=p£oym n or -oromo'~ion o~ any employee
in BOynton Beach~ Fiorida~ shall, be deemed complete or permanent
(excep-c as to the offmcers and employees mentmonea in Section 8)
until a period o£ six months after such appointment.~ ~mp~oy~,en~ or
'oromotion has eiapsed~ and. the probationer may be discharged or re-
duced in rank at any time within said six months: period upon the
recoP~endation of thc City Council~ or any officer acting under its
authority~ with the approval of the Board,
Whenever it shall appear to the~z,~ ...... ~,o,~,~c=,~ ..... ~ ~una~'- an
cessive n-cLmber of persons are employed in any department of the City~
it shall notify the Civil Service Board of the excessive number of
employees in such devartment by resolution duly adopted and certi-
fied by it~ and thereupon~ said Civil Service Board shall cause the
excessive n~ber of ~- ~
e~.p~oye~s in such departments to be discharged.
The person who stands, lowest in r~k or grade and lowest in point
off seniority in that rar~ or grade, shall be first discharged and
this system off discharge shsli continue ~tii the excessive number
of employees shall have been reduced in accordance with the tenor of
the resolution by the City Council. Other employees who may need to
be demoted ~n rea,~.ns~g vile emp~oy~_en~ in such .~ ~m~nvs~ shall
likewise be demoted in accordance with their rank and grade. Dis-
charged or laid-off employees shall be placed upon a preferred list
of t~he Civil fjervlce Board and have priority over all other a'DpliCan~s
for re-e~Dloyment in any type of nr~icipai emplo~ent~ to which he
may be eligible. Re-employment shsii be in the respective order as
to rank and sonority stsr~ing 'with the person who was of the highest
rank and who has served the longest period of time.
Section 16. DISCHARGE OF EI-~PLOYEES~ ~._~EA±iO~,~$:"~ i''/-~-'~'' '~ · '~
N'o employee of the City or Boynton Besch~ Fiorida~ in
Civil Service shall be removed~ sus~oe'aded~ demoted~ reduced~ fined
or discharged~ except for cause shown upon written charges of mis~
conduct or vmo~a~lon of law or rules and -~ ~-~
.... r~g~.~=,~ions of the Civil
Service Board~ and upon
reaso~a~e notice and an opportunity to be
heard in his own defense by himself~ his witnesses ,','~
a~ co~nse~. The
Civil Service Board is hereby empowered to issue subpoenas~
v~i~nesses~ and snaii before taking ~estimony on any cause or issue~
iisve the person so ~es~i~ymne whether it be witness or employee
covered un6eP this OPdinance~ be duly sworn on oath as empowered by
courts of this state and false testimony shall subject such person
to penalty of per i~,r~_y. ~uch charges ~h~.~ ~ ~-"~ investigated by a~d
before she said Board. The findings and decisions by the Civil Ser-
vice Board ~'
~nami be certified to she ~ ~ ~"
~m~y uo~nc_~ and shall be
forced by theem~y Co~omci!. But the City Council~ or any head of a
dep~ ........ ~ent ~ may suspend a subordinate for re~..~on~e- ' - ~oeriod oi' time~
not exceeding thirty days~ fop any cause~ w~iich in the opi:aion
Co~ci] or ~ head of a aepartmeno would be ground for r~mova~ sus-
pension~ demotion~ fine or discharge~ Drov_dea~ that insaediaZe~y upon
such ~sp,~ns_on 'being made~ report of such suspension and the cause
~ner,~zore~ sna~ be given mn writmng to she Civil Service Board and
to the sus~oended employee. The Civil Service Board shall promptly
and after reasonable notice to the~m~y~' ', ........ ~,~=~_~1 and -~'~o~e sus~enaee
employee investigate such sus-oension and certiffy their findings to
the City ~ '~'
~o~nc~=. if the findings disclose 'she suspension as
warranted~ ~r_e sus3sended emoioyee snail be immediately reinstated an~
~o~pensa~lon fop the time of his suspension Any
employee of the City who may claim to nave been removed~ sus~eneed~
demoted~ Pedeced~ ~nee or e~sn~rg=d without full ~ :.~',,~' .... '
-~he provisions of this artic!e~ shall have the right to file a petit-
ion before ~-~ said Civil ocr,., ice s
ooa._~ erring =o~ ~b_ tna upon
which such .... -,~ v
co~pZ~zn is based aha 'cae said Board sna~i cease a copy
thereof~ to be served upon the City Council and give reasonable novice
of s hearing to ce conducted before vne said Boerd mn a s~m_az man-
ner~ to investigaze the charges made in said petition~ and if at such
nea~z~_s it shall be found vhat such petitioner was impro~eriy removea~
demo'~ed~ reduced~ fined or disonarged~ the said Board s~aii ....
z~-~m~o~ the ~mty ~il and said petmtioner be ~ed~
z~z~ c~.~pe~ion for ail
~a~e~y reinstated and shall receive ~--~ ~m ~ ....
w~ch he has not heretefore been compensated it shall be ~iaw~
fui for any City employee zo solicit votes or support for th~ nomi~
~ ~ ~ ~ ~' Ce ~ ~ ~ .......... ] ~ Any officer or
nation or e~ection of any ~a.~ta~ea ~or
employee vioia/c.ing she provisions of this section shall not be eligi-
~ .... ~.~.~ mug the five
ble %o serve the ~mLy in any capac?cy at any "-~'~ ~ .....
years following such vioia~ion~
Sec'c~=~o~ $~dANGE OF RULES
..... '~ reeea, led~ or supplemenved by
These rules ~a.y oe ame~,aem~
one Board' at any time~ and new rules adop
or~erative until approved by the City Souncii~
Secuion i8. REPEAL
Ali ordinances and par'cs of ordinances incons=~ oP in
confiic~c herewith s2all be aha 'the same are hereby rep~aied.
in 'the evens any s6ction~ subsection~ sentence~ clause or
phrase of ~his ordinance shall be adjudicated invalid or unconstitu-
tionai such adjudication shall in no manner affect the other section~
subsect~ons~ sen~ences~ clauses or pc~ases of this Ozdinance which
s~ail be and remain in full force and effect as f-~iy a.s ir the
section~ subsecsion~ sentence~ clause or shrase so adjudged invalid
or unconstitutional was nos ormgzna£my a part thereof,
PASSED AND ADOPTED 2HiS
day of JuifL__ A~D. i95~
This Ordinance shall become efffective and in fui$ operation
and enforceable beginning on the ist day of August A,D, z9~e
Hayor