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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 -2- 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 -3- 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~ -4- 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 --5-- 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 -6- 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. -7- (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 -8- 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. -9- 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) -11-