Loading...
73-KK RESO ,UTION A RESOLUTION OF 5=FIE CITY .OF BOYNTON BEACH, FLORIDA, AMENDING RULES AND REGULATIONS OF CIVIL SERVICE. WHEREAS, pursuant to the Charter of the Cit~. of Boynton Beach~ Florida~ the Municipal Personnel .Officer has hereto- fore recommended certain amendments to the current Rules and Regulations of Civil Service of the said City~ a copy of which proposed amendments are attached hereto; and WHEREAS~ the City Manager has reviewed said proposed amendments and has approved them without modification; and ~F~EREAS~ after thorough review of such proposed amend- ments~ the City Council deems that the enactment and adop- tion of same is in the best interests of efficient administra- tion of the municipal personnel system; NOW~ THEREFORE~ BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BOYlgTON BEACH, FLORIDA: Section 1: That the proposed amendments to the currently existing Rules and Regulations of Civil Service of the City of Boynton Beach~ Florida, attached hereto and hereby made a part hereof~ be and the same are hereby approved~ ratified and adopted. Section 2: tions of Civil Service are hereby ratified and confirmed as heretofore adopted and amended. PASSED AND ADOPTED this. / d y of June~ A. D.~ 1973. In all other respects subject Rules and Regula- CITY OF BOYNTON BEACH, FLORIDA. Mayor ATTEST: .yor MEMORANDUM May 24, 1973 To: Mr. Frank Kohl, City Manager From: William Sullivan, Personnel Officer Re: Changes to Civil Service Rules and Regulations Please have a resolution prepared to make the following changes, additions, etc., to our Civil Service Rules and Regulations for the next regularly scheduled Council meeting. Page 17, "Rule of Three Scores" now reads: 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 a vacacy 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." In In the case of insufficient scores on a promotional list the Personnel Director may augment those scores by a sufficient number from the appropriate employment list in order to make a complete certification. The department head shall select from the eligibles certified to him, the number of persons required for the vacancies to be filled and recom- mended to the City Manager through the Personnel Director that they be appointed. The following paragraph should be added to this above section: Should the Department Head express dissatisfation with the first three (3) names, a second list of three (3) eligibles in the order of their standing on the employment list shall be certified and this shall continue until the position is filled. After the eligible's name has been submitted three times and rejected according to the rules his name shall be dropped from the list. It is the duty of every department head who rejects a list of eligibles furnished him by the Personnel Director to state in writing and in exact, specific and precise terms, his reasons for such rejection of list. Page 22, Section 4, Sick Leave with Pay, now reads: A. Notify his immediate supervisor not later than one (1) hour before the beginning of the scheduled workday of the reason for absence or within lesser limits if required by the depDrt- ment head. ~ ~ t~.Me~orandum to Frank Kohl, City Manager Page 2, May 24, 1973 - Page..22, Section 4, Sick LeaVe With PaY' .changed .as. f.011ows: A. Notify his immediate supervisor not later than one (1) hour after the beginning of the scheduled workday of the.~a_son for absence. The authorized to approve merit increases in salary when merit is j writing by the Department Head. This application of increase in salary will always be to the next regular step in the a~signed range, or, if at the top of the range, will be granted in 5% increments only. Funds for merit increases will be budgeted as a separate allowance and admin- istered Under the direct control of the City Manager. Employees are not merit increases. This approach is a system where the immediate supervisor and prompt reWards can be:made discretion of supervisors. Th& City Man when merit increase application of increase and step, however, ~in the aSsigned range assigned in 5% a separate a] ier. Emp. one~! incr~ e supE upervisors, ~ ~ed as follows: d to approve t increases in salary tified in writing by the Department Head. This .n salary will not affect the employee's pay grade [er to compute the rate of increase the next step .ld be added or if at the top of the range, will be Funds for merit increases will be budgeted nistered under the direct control of the City Lcally entitled to merit increases and allowed during an employee's anniversary year. top performance can be recognized by the can be made at the discretion of su nt Head concurs with these justifications. c ~Page 26, Article XI, Section 8, now reads: EMPLOYEE RIGHTS OF APPEAL: Any megular employee who is dismissed, demoted or suspended or any employee who claims that the rules are improperly or misinterpreted to the detriment of such employee, as a matter of may appeal ~o the CiVil Service Board within 30 days after such action taken. Upon such ~1, the Department Head, the appealing employee counsel, if deszr~ and the City Manager shall have the right to be ~ard and to present evidence. At the hearing of such appeal, technical ~les of evidence shalI not apply. The Civil Service Board, ~ach member of board and the Pers°n~l D~ector in his capacity as the secretary of board shall have power to administer oaths, subpoena witnesses, and ~el the production Of ~books and all papers pertinent to the appeal. Said hearing shall be held in the City Council Chambers at City Hall, shall be a public hearing on any appeal considering the dismissal of any employee. At least four members shall be present and a ma'ori ~r . . . ] ty of those P esent must concur mn any decmsmon. The Civil Service Board shall make t~e final decision disposing of the appeal. If the Civil Service Board finds that the action complained of was taken for any political, religious ~ Memorandum to Frank Kohl, City Manager Page 3, May 24, 1973 -or racial reason, or as the result of misinterpretation of law or of these rules, or other insufficient reason, thememployee shall be reinstated to his position without loss of pay. An appeal to the CiVil Service Board may also be taken by a regular employee who is suspended or whose payroll voucher the Personnel Director refuses to certify, and who claims that the suspension or refusal to certify payroll voucher was made for insufficient reasons. If the Civil Service Board finds that the employee was suspended or that the Personnel Director refused to certify his payroll voucher for insufficient reason, he shall be reinstated without loss of pay. A. Appeal Procedure - Any regular employee wishing to take an appeal to the Civil Service Boardsunder the provisions of this section shall spbmit such appeal in writing to the Personnel Direct=who shall be responsible for arranging the hearing. Such appeal will state what action is being appealed and the general reasons therefore. A copy of said appeal shall be promptly supplied to the City Manager. B. Time Factors - Any regular employee submitting an appeal shall be granted a hearing by the Civil Service Board at the earliest practicable date; and in all events, within thirty days after the filing of the aPPeal. The hearing before the board, if possible, shall be limited to one day. The board shall transmit its findings to the City Manager within three days of the completion of the hearing. Article XI,~. Section 8,. change.d .a.s fo'ii°Ws: EMPLOYEE RIGHTS OF APPEAl, - Upon the suspension, demotion or dismissal of any 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 suspension, demotion or dismissal and shall immediately file a copy thereof with the Civil Service Appeals Board. If the employee desires he may, within seven (7) days after such suspension, demotion or dismissal, file a request for a hearing before the Board, setting forth in detail in his petition, the basis of his appeal. On receiving such petition of appeal the Board 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 personally or by registered mail at least five (5) days prior to the hearing date. The Board shall conduct the hearing at the time set, which hearing shall be public, and may adjou~ the hearing from tame to time upon ca,se shown or upon its own motion, provided that such adjournment shall not extend beyond thirty (30) days from date of the suspension, demotion or dismissal. 'Memorandum to Frank Kohl, City Manager Page 4, May 24, 1973 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 accompanied by legal counsel, the affected employee shall be notified of his right to be accompanied by legal counsel pri~.~%6 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 submitted, the merits of each case. The Board shall follow the Rules of Evidence, and shall avail itself of an attorney-at-law of its ch$ice whose compensation shall be fixed and paid by the City of Boynton Beach. All testimony presented in a hearing before the Board shall be presented under oath. For such hearing the Board shall have 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 re,use 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 trans- cribed by a court reporter or by such other means of recording as may be acceptable to the board. All witnesses demanding witness fees for attendance at any hearing shall be ~entitled to a per diem of one dollar ($1.00) such sum to be paid by the CiZy of Boymton Beach. No employee of the City of Boynton Beach summoned by the Civil Service Appeals Board to testify at a hearing shall be entitled to any compensation for such service. The Personnel Officer 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 B~ach County, Florida for review by certiorari of the ruling of said Board. Such petition shall be filed within forty-five (45)days frown 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. Memorandum to Frank Kohl, City Manager Page 5, May 24, 1973 . 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 ih and for Palm Beach County, Florida, said employee shall be returned to the position he held prior to the suspension, demotion or dismissal. Compensation at the regular range and step for his classification at the time of his suspension, demotion or dismissal shall be paid to the employe for the time he has been declared unjustifiably suspended,demoted or dismissed by the Board; provided that the Board's decision has no= been superceded by a decision or ruling of the circuit court in and for Palm Beach County, Florida. Page 22, Section 3, Vacation leave, 3rd paragraph, now reads: Provisional and temporary employees shali be entitled to the same vacatio~ leave allowance to which regular employees are entitled in accordance with the provisions of this section. Page 22, Section 3, Vacation leave, 3rd paragraDh, changed as follows: 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 a%%ainp~oba%ionar~sta%us. ~"~ Section 7, Part-~time em lo-'ment~ now reads: When employment is on a part-time basis, only the proportionate part of the rate for the time actually employed will be paid. Page 8, Section 7, Part-time emDloyment, changed as follows: When employment is on a part-time basis, only the proportionate part of the rate for the time actually employed will be paid. Therpersons filling this position will not be eligible for sick leave, vacation or other benefits. .~Section 8, Tem.orar.- a~.ointment --~ti©n ~ ~ 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 special job or project and when it is expected that the services of such persons will be no longer necessary at the close of the season or upon completion of such special job or project for which they have been appointed. Temporary appointments may also be made to fill gacancies resulting from reg- ular employees on authorized leave of absence. The City Manager will approve all temporary appointments. Such appointments shall be made from the appropriate lists insofar as practibable and shall be for a specific period. The acceptance of such appointment by an eligible shall not affect his standing on the lis= for permanent appointment. ~aqe 18, Section 8, TemDorar¥ aDDointment, changed as follows: Temporary appointments may be made of persons whose employment is expected to be of a seasonal nature of whose services are required for a special job or project and when it is expected that the services of such ~m6randum, to Frank Kohl, City Manager Page 6, May 24, 1973 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 approvelall temporary appointments. Persons filling these positions will be paid for only those hours actually worked. They will not be eligible for sick leave, vacation or other benefits. Such appointments shall be made from the appropriate lists insofar as practi- cable 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 appoint ment~. Page 19., Section 12, Paragraph 5, Probationary Period now reads: If an employee promoted to a higher class as a result of appointment from a promotional list is found unsuited for the work of the class during the probationary period he shall be reinstated to a vacant position in the class from which he was promoted. If no vacancy exists, the name of such employee shall be placed on the appropriate re-employment list. Page 19., Section 12, paragraph 5, Probationary Period changed as follows: If an employee promoted to a higher class as a result of appointment from a promotional list or other list 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 no vacancy exists the name of such employee shall be placed on the appropriate re- employment list. Add to Page 24, end of Section 5, Leave with Pay, the following items whi~] are not covered in our present book. Compassionate Leave: In the event of the death of the mother, father foster pareDts, brother, sister, husband, wife, son, daughter, grandparents, grandchildren, mother-in-law or father-in-law of a permanent employee, such employee shall be entitled to paid compassionate leave not to exceed three (3) working 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) working days shall be allowed. The City Manager may grant additional leave under this section, except that such additional leave shall be debited against the employee's accrued sick or annual leave. On the. job injury_{ Whenever an employee is totally disabled from duty for a period of no more than seven (7) working days because of an injury determined to be compensated under the provision of the Workman's Compensation Act, he shall be entitled to full regular pay. If the period of disability is greater than seven (7) working days, the employee may elect to receive accrued sick leave in accordance with his regular hourly wage, to the extent that his combined sick leave and workman'.s compensation benefits equal his regular weekly salary. ~emorandum to Frank Kohl, City Manager Page 7, May 24, 1973 Military. Leave: Full-time 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, pursu- e/ ant to Florida Law Section 115-07 - Officer's and Employee's leave of absence grants up to seventeen (17) calendar days leave with pay each year in order that Such employees may fulfill their military obligations. 2~ ..... Full-time 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 accordance with the provisions of Florida Law, section 115.09 leave to public officials for military service; section 115.12, Rights during leave, Section 115.13, Resumption of official duties; and Section 115.14, employees. Copies of such Florida Statutes as mentioned above shall be available in the office of the City Clerk. Preqnancy Leave_- Pregnancy Leave will be authorized without pay 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 benefits may be used after the Personnel Director is notified that the employee has gone to the hospital to give birth and will .continue for a maximum of 30 working days if the employee has the accrued ~ime. Willmam H. Sullivan ~Personnel Director Wt~S :rf The foregoing proposed amendments to the Civil Service Rules and Regulations of the City of Boynton Beach are approved by the undersigned without modification and are recommended for adoption this /~ day of June: A.D. 1973. City Manager