O80-40ORDINANCE NO. ~- ~
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, AMENDING
SECTIONS 72.4 - 72.13 OF THE CITY CHARTER,
ALSO KNOWN AS CHAPTER 61-1889 SECTIONS
2(5) - 2(14) SPECIAL ACTS OF FLORIDA,
1961 BY RENAMING THE CIVIL SERVICE APPEALS
BOA_RD TO CIVIL SERVICE BOARD, PROVIDING
FOR STAGGERED TERMS FOR MEMBERS OF SAID
BOARD; REQUIRING ATTENDANCE OF MEMBERS;
RE0.UIRING ANNUAL REPORT OF BOARD; PROVID-
ING TI~AT THE BOARD HEARINGS ARE ONLY REQUIRED
WHERE AN EI~fPLOYEE IS SUSPENDED WITHOUT
PAY FOR SIX OR MORE CONSECUTIVE DAYS;
PROVIDING FOURTEEN DAYS FOR AN EMPLOYEE
TO REQUEST A HEARING BEFORE SAID BOARD;
PROVIDING THAT NO HEARING SHALL BE
ADJOURNED FOR MORE THAN SIXTY (60) DAYS;
PROVIDING FOR A REFERENDUM ON SAID
ORD] ]E; ADOPTING A BALLOT TITLE; A
OF SAID AMENDMENT FOR THE BALLOT;
OR A DATE FOR THE REFERENDUM;
THE CITY CLERK TO TRANSMIT
ORDINkNCE TO THE S~ERVtSOR OF
TO BE PLACED ON THE BALLOT;
THAT SAID ORDINANCE BE PLACED
ON REFERENDUM; PROVIDING
[VE DATE FOR SAID ORDINANCE;
FOR A SAVINGS CLAUSE AND FOR
PURPOSES ~
WHEREAS, it is the desire of the City Council of the City
of Boynton Beach, Florida to amend Sections 72.4 - 72.13 of the
Boynton Beach City Charter also known as Chapter 61-1889, Sections
2(5) - 2(14) Special Acts of Florida, 1961, and
WHEREAS, said Act was ratified by the Voters on December
5, 1961 and affects employees' rights, and
WHEREAS, Chapter 166 of the Florida Statutes requires
that said p=ovisions'of the City Charter may only be amended by
referendum, and
WHEREAS, municipal elections are. to be held in December
of 1980, and
WHEREAS, the City Council desires to present such amend-
ment to the voters of the City of Boynton Beach at said election,
and
WHEREAS, Chapter 101.161, Florida Statutes as amended by
Chapter 80-305 of the Laws of Florida require that the City Counc
adopt a valid title not to exceed fifteen words and a substance
of the proposed amendment not to exceed seventy-five words in
length in order to place such measure on the ballot.
NOW, THEREFORE, BE IT HEREBY ORDAIb~D BY THE CITY COUNCIL
OF THE CITY. OF BOYNTON BEACH, FLORIDA:
Section 1. That Section 72.4 through 72.13 of the City
Charter of the City of Boynton Beach also known as Chapter 61-1889
Sections 2(5) - 2(14) Special Laws of Florida is hereby amended
to read as follows:
Sec. 72.4. ~-$e~v~ee-appeats-~ea~ Civil Service
Board; created, term of office.
(a) Upon this act [article] taking effect*, the ~ea~-s~
elv~t-se~¥~ee Civil Service Board created pursuant to Section 1,
Chapter 28910, Special Acts of 1953, shall be abolished and shall
be superseded by a eiwit-se~wiee-appeats-bsa~ Civil Service Board
consisting of five (5) members. Two members shall be appointed
by the City Council of the City, and two members shall be elected
by the members of the Civil Service of the City~ The fifth member
shall be named by the other four members. In the event said four
members shall not agree upon the fifth member within fifteen (15)
days' after said four members take office, the County Judge of
Palm Beach County~ Florida, shall designate such fifth member.
The said Board shall elect one of their members to be chairman~
The two members named by the City Council and the two members
of the Board named by the employees shall serve for a term or a
period of two years~ except (that) the second members appointed
by the City Council and the second member appointed '(~electe~) by
the City employees shall serve only w~i~-~-~-m~e~mg-~f-~
ei~y-es~meit-im-~am~a~y-196~for a one year period. All subse~
members appointed by the City Council and the City employees shall
serve two year terms, therefore staggering the term of office.
The fifth member of the Board named by the other members thereof
shall hold office for a period of one year, except (that) the
term of said member initially appointed shall expire on the date
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of the first meeting of the City Council in January 1982. Ail
members of the e~¥ft-se~wfee-appeats-b~a~ Civil Service Board
shall hold office until their successors are duly elected or
named and qualified.
(b) The City Council of the City shall appoint two
alternate members of the e~v~t-se~w~ee-appeats-bsa~ Civil Service
Board and the members of Civil Service of the City shall elect two
alternate members of the ef¥~t-se~v~ee-appeats-bsa~ Civil Service
Board. Said alternates may serve in the event of the death,
disqualification or absence of any or all of the five members of
the said Board. The terms of said alternates shall expire when
the term of the principal for whom they are serving as alternates
shall expire.
(c) If in any particular case, there exists any ground
which, under the laws of the State of Florida, would disqualify
the judge of any court, or which is ground of challenge for cause
to any juror, regarding any member of the Board, then such member
of the e~¥~-se.~v~ee-appeats-~a~~ Civil SerVice Board shall be
disqualified to hear and determine such cause.
{d) In the event a member of the e~wft-se~v~ee-appeats
Bsa~ Civil Service Board shall refuse to aualify as such member,
or if said office shall become vacant by reason of death, resigna-
tion or otherwise, the proper alternate shall become a member of
the.e~¥~t-se~v~ee-appeats-~sa~ Civil service Board for the un-
expired term of the member vacating said office, and a first
alternate shall be elected as herein provided for the election of
a second alternate.
Sec. 72.5. Qualifications of Board members~
Each member of the e~w~-se~v~ee-appeat$-.§~a~' CiVil
Service BOard shall be a qualified elector of the City, shall
be known to be in sympatlhy with the merit principal as applied to
the Civil Service, shall neither hold nor be a candidate for any
other public office or position and shall not be a member of any
local, state or national committee of a political party or an
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officer in any partisan pOlitical club or'organization. No person
who has been convicted of a crime involving moral turpitude or
who is an officer or employee of the City shall be eligible to
hold said office. All members are required to attend the Board
meeting~ If any members, alternate or alternates at large do not
attend at least one of three consecutive meetings, that member
is subject to dismissal by the Board unless that member can show
extenuating circumstancese
Sec. 72.6. Employees, meetings of Board.
Members of the e~¥~-se~¥~ee-appeats-bsa~ CiVil Service
Board elected as herein provided, shall take office within ten
(10) days after their election or appointment. The oath of office
shall be administered to each member of the e~w~t-se~v~ee-appeats
bea~ Civil Service BOard and each appointed alternate member by
the City Clerk.
The Personnel Officer shall ach as secretary to the e~¥~l
se~w~ee-appeats-bsa~ CiVil Service Board. The City Council may
employ such additional personnel for said Board as said City Councz
shall deem necessary.
The e~¥~t-se~¥~ee-a~peats-~sa~' Civil Service Board shall
hold not less than one regular meeting each month and may hold
soecial meetings when required for the transaction of business
by said Board. Such meetings may be called by the chairman of any
three members of the Board upon giving each member written notice
thereof served personally, or at the residence address as recorded
by the member. A majority of the Board shall constitute a quorum
for all meetings except however, for all hearings there shall
be a full Board.
Section 72.7.
Duties of e~¥lt-se~¥~ee-appeats-§sa~
CiVil Servi~ce Board.
It shall be the duty of the e~v~t-se~v~ee-appeats-~a~
]ivil Service Board:
(a) To make any investigation which it may deem desireat
concerning Personnel administration in the classifi~
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service and to that end, the chairman, his designee
and/or the Board Attorney shall have the power to
administer oaths.
<c)
To report to the City Council and to expose publicly
any abuses or improper practices which it may find
in the classified service of the Ci
To provide rules setting forth the
grounds for the filing of appeals w
ty.
~rocedures and
[th the
se~¥~ee-appea!s-~ea~ Civil Service Board herein
(d)
(e)
(f)
created.
To sit as a body to hear appeals of
the classified service who is dismi
suspended.
To supervise the holdings and gradil g of all compe-
titive examinations held under the merit system.
To require the Civil Service Board Chairman or his
any person in
sed, demoted or
designate to present an oral report at one of thm
regularly scheduled City Council meetings during
the last quarter of the calendar year, in order to
!
a_p_p_rise the City Council of the Board's action for
the proceeding_ffear, n
Sec. 72.8. Existing rules and regulatio s stand until
superseded.
The rules and regulations of the eivit-se~v~ee-appea!s. , .
board 'Civil ServiCe BOard which are in effect upon the taking
effect of this act [article]* shall remain in full force and
effect untilSec. superseded 72.9. Personnel by the rules, rules adopted under thia act [artic]
Immediately after the taking effect of t~is act [article]
the Personnel Officer shall prepare personnel rules to govern the
merit system and carry out the provisions of this
The City Manager shall approve them with or withou
When approved by him, they shall be submitted to t
and shall become effective immediately after the C
act [article].
t modification.
he City Council
ity Council by
resolution adopts them, with or without amendment. Thereupon, the
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rules and regulations of the e~¥il-se~¥iee-appeats-~ea~ Civil
Service Board passed on the 27th day of October, 1954, shall be
automatically repealed and superseded by the rules herein pro-
vided for~ Amendments to said personnel rules may be enacted by
following the procedure as set forth in subsection 11 below.
The personnel rules shall provide for:
(1) The classification of City positions, which classi-
fication shall be based on the duties, authority and
responsibility of each position;
(2) A pay plan for all City positions embodying the
principle, equal pay for equal work, which plan
shall become effective when the City Council by
resolution adopts it with or without amendment;
The method of holding competitive tests for fairly
determining the merit and fitness of candidates for
appointment and promotion;
(4) The establishment, maintenance and certification of
eligibility-lists for filling vacancies;
(5) The order and manner in which layoffs may be effecte~
Hours of work, attendance, regulations and provisons
for sick and vacation leave;
(7) The procedure governing provisional or probationary
appointments;
(8) Provide rules for the procedures and grounds for
suspension, demotion, dismissal and transfer of
employees within the classified service;
Other practices and procedures necessary for effec-
tive administration of the merit system under the
provisions of this Charter;
(10) To make rules and regulations for the selection of a
grievance committee by members in the classified
service~
(11) Amendments or revisions to the rules may be recom-
mended for adoption by the Personnel Director, City
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Manager, e~vlt-se~w~ee-appeaIs-§~a~ Civil Service
Board or the City Councilm Such amendments or re-
vision of the Rules shall become effective after
approval by the City Council.
Sec. 72.10. Rules to incorporate principle of merit and
fitness.
The rules required by Section 10 (70.9) shall be so pre-
Dared that all decisions on personnel matters shall be made solely
~n the basis of merit and fitness of the individual, and the va
practices and p.rocedures established thereunder which are to
govern these decisions shall incorporate established professional
standards and techniques which will serve to further that end~
Sec. 72.11. Causes for suspension and dismissal.
Any member of the Civil Service system established under
this act [article] who shall be incompetent, neglect his duty, be
guilty of insubordination, immorality, drunkenness, any felony or
crime involving moral turpitude or for the violation of any of
the personnel rules and regulations adopted pursuant to Section
10 (70~9) of th~s-act [article] shall be subject to demotion,
suspension, or dismissal; provided however, that no officer or
employee shall be suspended withOut pay for more than one month.
Section 72.12. Removals and appeals.
(a) The City manager may at any time, suspend., dismiss
demote or transfer any employee of the classified
service for any cause which will promote the effici-
ency- of the service but only in accordance with the
rules and regulations of the merit system adopted
by the City.
(b) The members of the e~w~t-se~¥~ee-appeats-b~a~'Civil
SerWfce~ Bb'a~rd shall not discuss the facts or merits
.---T------
of any case 'which may be tried before them with any
person or persons whomsoever, except to receive the
document stating the charges and witnesses which the
City and the employee deSires to subpoena before
the Board.
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(c) Violations of the foregoing provisions of this
Section by any member of the Board shall be grounds
for disqualification.
(d) In the investigation of charges, the appeals
and/or the Board Attorney of the eiw~t-se~v~ee-appeal
§ea~-Civil Service Board shall have the power to
administer oaths, and said Board is hereby authorize~
to compel by subpoena the attendance of witnesses,
the production of books and papers relevant to such
investigation, said subpoena to be served by a membe~
of the Police Department.
(e) It shall be unlawful for any person to fail or refuse
to respond to any subpoena duly issued by the eiv~t
se~v~ee-appeats-§e~CiVil ~Serviee Board, without
a legitimate excuse therefor, and such failure or
refusal to respond is hereby declared to be a mis-
demeanor and shall be punishable as is now provided
by the Ordinances of the City for failure to comply
with a lawful subpoena~
(f) Ail witnesses demanding witness fees for attendance
shall be entitled to a per diem of sme-~sttar.ten
dollars to be paid by the City, but no employee of
the City summoned before said e~¥~t-se~w~ee-appeats
Bsa~ C%Vil Service Board to testify shall be entitl
to any compensation.
(g) Upon dismissal, suspension without pay of six (6)
or more consecutive working days or demotion, the
City Manager shall within twenty-four (24) hours
the employee written statement of the reasons for
such dismissal, suspension, or demotion and shall
immediately file a copy thereof with the
appea~s-§~a~CiVil service Board~ If the employee
desires, he may, within sevem-~g}-~ays fourteen (14)
calendar days after such dismissal, suspension, or
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demotion, file with the Board a request for a hearin
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 time and place of such
hearing shall be served upon the City Manager and th~
employee either personally or by registered mail at
least five (5) days before the date of hearing.
(h) The Board shall conduct the hearing at the time
set which hearing shall be public and may adjourn
the hearing from time to time upon cause sho~n or
upon its own motion provided that such adjournment
in all shall not extend beyond ~h~y-days s~
calendar 'days from the date of dismissal suspension,
or demotion. Both the affected employee and the Ci
Manager shall be given full opportunity to be heard
in person or with counsel. The Personnel Officer
shall spread on the official minutes of the Board
the £acts 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 its
decision~ Final decisions shall be transmitted to
the City Manager and executed by him~
Sec. 72.13. Absence of City Manager
In the absence, or event of non-existence, of a City
Manager, all functions, duties, and responsibilities of said offi-
cers under the provisions of this act [article] shall be fulfilled
and executed by the City Council.
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Section 2. That said a
voters for a referendum at the r
held on the first Tuesday in Dec
Section 3. That the of
endum as required by Florida Sta
as follows:
BOYNTON BEACH, CIVIL
Section 4. That the of
to be placed on the ballot in sa
Statutes 101.161 (1980) shall re
Amendment to the C
City of Boynton Be
(1) Renaming Civil
Board to Civil
(2) Providing for
memb er s,
(3) Requiring atte
(4) Requiring annu
(5) Providing that
required where
· ~ithout pay fo
secutive days,
(6) Providing four
employee to re
(7) Providing that
adjourned for
days~
yes
no
Section 5~ That the C~
im~nediately submit a certified c
visor of elections for Palm Beac
endum may be placed on the ha!lo
that said City Clerk is further
sary ~to see that said referendum
time. of the municipal eIection.
Section 6. This Ordina
days- after said hast been passed
thee eIeCtors of th-e City voting
nendment will be presented to the
~gular municipal election to be
ember of 1980~
ficial ballot title of said refer-
tutes 101.161 (1980) shall read
SERVICE BOARD AMENDMENT
ficial substance of the amendment
id referendum as required by Flori
ad as follows:
ityCharter of th~
ach by:
Service Appeals
Service Board,
~taggered terms for
ndance of members,
report of Board,
Board Hearing only
employee .is suspended
r slx (6) or more con-
teen (14) days for
quest hearing, and
no hearing shall be
nore than sixty (60)
~y Clerk is h~reby instructed to
ppy of this Ordinance to the Super
h County in order that said Refer-
t for December of this year and
~equired to take all actions neces
is placed on the ballot at the
~ce shall become effective ten (10
pya majority of the qualified of
in the referendum election.
10-
La
Section 7. Should any portion, sentence, paragraph or
word of this Ordinance be declared by a court of competent juris-
diction to be invalid, said ruling shall not affect the remainder
of this Ordinance.
FIRST READING this /~ day of~~~ day , 1980.
SECOND and FINAL READING this _ . of ~
1980.
ATTEST:
CITY OF BOYNTON BEACH, FLORIDA
BYMayor ~
~~emb~
C~yan-e i 1 Member
/ ~L~o~irfc · I MdmBeJ ~-
City Clerk
(Corp. Seal)
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