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HomeMy WebLinkAboutM-01-0579• CITY OF MIAMI, R.OA1DA 0 30 INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM City M Di4TE: May 31, 2001 Boards/Committees Status Reports/Presentations REFERENCES: ENCLOSURES: FILE : 01- 579 City of Miami I:qua1 Opportunity Advixory Board June 14, 2001 SuhniiP( 1 :'_I+n fnO poh'ic irocord if' cu. Wr--Wn item . 'So _ CNI R-01_ 579 Wallet Fuetnan Cit•, Clcr. . The Equal Opportunity Advisory Board was previously known as the Affirmative Action Advisory Board. '['his heard was originally created in 1976 through Ordinance 8519. Presently the Board is comprised of 14 members, lU appointed by the commissioners and four appointees from the employee bargaining unions. h.ach commissioner appoints two members and each certified bargaining representatives ofenhployces recommends one employee who has to he confirmed by the City Commission. 1 his Board was created shortly before the signing of the Consent Decree and was instrumental in overseeing the changes that have occurred in the City of Miami workforce. At that time, Blacks, Hispanics and women ol'all races were severely underrepresented in the overall workforce cif the city as well as in particular jobs. Today. this work1bree is predominately made up of Blacks, Hispanics and wunhcn. 'these groups make up approximately RM/4 of the overall workforce (Black nhales'19%, Hispanic males/37.5%. women/30.3%). There is now ethnic and gender representation in jobs that were previously held by mostly white men, though there are still goals that we must strive to achieve. 'phis board must continue to oversee the hiring and promotional processes so that the gains of the past 23 years tire not lost. The City's Affirmative Action flan must be updated as soon as the statistics for the available workl6rce is ready front the 2000 Census report. In order to determine under- representation in each category, the available workforce figures must be current su that they can be compared to our actual representation in each category. In the next 1' to 18 months the updated Affirmative Action Plan will he developed and this board will present it to you for adoption Again, the timetable will be based on the availability of the census itillormation. In this new era. without the oversight of the court and the U. S. Department of Justice, we must he even more vigilant in the hiring and promoting of employees. 'I his function is part of the work of our support staff, the Office of Equal Opportunity/Diversity Programs. This makes it 01- 579 ITIZI I,to imperative that this office be independent and reprint to the chief executive ofthis city, the City Manager. Furthermore, it must be given sufficient staff and fiscal resources to perform these most important functions. The hoard has worked with the Police Lind Fire -Rescue departments in recruitment efforts and in support of training efforts for candidates. 'phis training assists candidates for sworn positions who want to be hired or promoted. in an attempt to prepare them for taking the examinations. It is the belief of this board that recruiting applicants who cannot perform well on the test docs nothing to increase representation. Also, if you have minorities and women at the entry position but they do not perform well enough to be promoted, this hinders the efforts for representation. In an of )rt to open communications and to build bridges, this board has invited commissioners and department directors toTmeeeetings in order to share our vision. We plan to continue this effort. On a monthly basis, the board receives an FF,0 report on the ethnic/bender make up of the City's workforce, by departments and a report on discrimination cases for review. The board may hear grievances and discrimination complaints when referred by the City's E.140 Officer. This board will continue to monitor the makeup of the City's %yorkl'orce and discrimination complaints by employees and applicants. Furthermore, we will continue to support training efforts that help candidates to succeed and to provide EEO training and information to our employees. Submitted into the public record In connoction with Item .3 0 on CLLy eL- Waller poernan We look forward to continuing our work with this commission and city staff'. City Cie 01- 579 - • CITY OF MIAMI EEO BREAKDOWN as of May 31, 2001 FIRE -RESCUE DEPARTMENT 'Whites includes 'others", i.e. Asian Pacific, American, Indian, etc. Submlttod IMte thO public record in connect/ n on with Walter Foeman City Glelk Prepared by: Maria Ferrer-Miralles Office of Equal Opportunity/ 01- 5'7 9 Diversity Programs MALES FEMALES CLASSIFICATION WHITES " BLACK HISPANICS WHITES" BLACKS HISPANICS TOTAL Firefighter 116 61 188 15 1 14 395 (Sworn) % 29.4% 15.4% 47.6% 3.8% 0.3% 3.5% 100.0% Lieutenant 43 23 58 5 0 1 130 (Sworn) % 33.1% 17.7% 44.6% 1 3.8% 0.0% 0.80/0 100.0% Captain 29 6 18 3 0 0 56 (Sworn) % 51.8% 10.7% 32.1% 5.4% 0.0% 0.0% 100.0% Chief Fire Officer 6 1 8 0 0 0 15 (Sworn) % 40.0% 6.7% 53.3% 0.0% 0.0% 0.0% 100.0% Appointed Staff 3 3 6 0 1 0 13 (Chiefs) % 23.1% 23.1% 46.2% 0.0% 7.7% 0.0% 100.0% Sworn Total 197 94 278 23 2 15 609 % 32.3% 15.4% 45.6% 3.8% 0.3% 2.5% 100.0% Civilian Workforce 9 8 18 4 13 16 68 % 13.2% 11.8% 26.5% 5.9% 19.1% 23.5% 100.0% GRAND TOTAL 206 102 296 27 15 31 677 % 30.4% 15.1% 1 43.7% 4.0% 2.2% 4.6% 100.0% 'Whites includes 'others", i.e. Asian Pacific, American, Indian, etc. Submlttod IMte thO public record in connect/ n on with Walter Foeman City Glelk Prepared by: Maria Ferrer-Miralles Office of Equal Opportunity/ 01- 5'7 9 Diversity Programs E CITY OF MIAMI • EEO BREAKDOWN as of May 31, 2001 POLICE DEPARTMENT 'Whites includes "others", i e Aslan pacific, American, Indian, etc. ZIIIRIQc Submitted into the public record In connection with Item . j_ on j 14161 Walter Foeman City CIO* o1 - Prepared by Maria Ferrer-Miralles Office of Equal Opportunity/ 57 9 Diversity Programs MALES FEMALES CLASSIFICATION WHITES* BLACK HISPANICS WHITES" BLACKS HISPANICS TOTAL Officer (Prob) 0 2 0 0 0 0 2 (Sworn) % 0.0% 100.0% 0.0% 0.0% 0.0% 0.0% 1000% Officer 105 155 432 22 101 34 849 (Sworn) % 12.4% 18.3% 50.9% 2.6% 11.9% 4.0% 100.0% Sergeant 39 17 80 9 10 5 160 (Sworn) % 24.4% 10.6% 50.0% 5.6% 6.3% 3.1% 100.0% Lieutenant 13 9 24 2 2 1 51 (Sworn) % 25.5% 17.6% 47.1% 3.9% 3.9% 2.0% 100.0% Captain 6 1 7 1 0 0 15 (Sworn) % 40.0% 67% 46.7% 6.7% 0.0% 0.0% 100,0% Appointed Staff 3 5 10 1 1 0 20 (Chiefs) % 15.0% 25.0% 50.0% 5.0% 5.0% 0.0% 100.0% Sworn Total 166 189 553 35 114 40 1097 % 15.1% 17.2% 50.4% 3.2% 10.4% 3.6% 100.0% Public Service 0 2 5 0 11 1 19 Aide % 0.0% 105% 26.3% 0.0% 57.9% 5.3% 100.0% Civilian Workforce 7 17 30 16 151 90 311 % 2.2.5% 5.47% 9.65% 5.14% 48.55% 28.94% 100.00% GRAND TOTAL 173 208 588 51 276 131 1,427 % 12.1% 14.6% 41.2% 3.6% 19.3% 9.2% 100.0% NEW HIRES Police Officer 0 1 4 1 0 0 6 % 0.0% 16.7% 66.7% 16.7% 0.0% 0.0% 100.0% 'Whites includes "others", i e Aslan pacific, American, Indian, etc. ZIIIRIQc Submitted into the public record In connection with Item . j_ on j 14161 Walter Foeman City CIO* o1 - Prepared by Maria Ferrer-Miralles Office of Equal Opportunity/ 57 9 Diversity Programs "Whites includes "others'', Prepared by: i.e. Asian Pacific, American, Maria Ferrer-Miralles Indian, etc. Office of Equal Opportunity/ "Separate sheet by sworn positions attached Diversity Programs 01- 579 • *SObmittnd �<<t n CITY OF MIAMI re�rA In con ctC, 01, w'tC I� v EEO BREAKDOWN Item -_, o -. on --�-1- as of May 31, 2001 Walter Firieman I`Aly (tier( DEPARTMENT MALES FEMALES MINORITY/ WHITES * BLACK HISPANIC WHITES* BLACK HISPANIC TOTAL WOMEN Office of the Mayor # 2 0 2 0 3 5 12 10 % 16.7% 0.070 16.7`70 0.0% 25.0% 41.7% 100% 83.3% Office of Conrmissioner Sanchez # 0 0 1 0 0 2 3 3 % 0.0% 0.0`ro 33 3% 0.0% 0.0% 66.7% 100% 100.11% Office of Conunissioner Regaladu # 0 1 2 0 0 0 3 3 % 0.0% 33.3% 66.717" 0.0% 0.0% 0.0% 100% 100.0% Office of Commissioner Winton # 0 1 0 0 0 2 3 ? %, 0.0% 33.3% 0.0% 0.0% 0.0% 66.7r7o 100% 100.0% Office of Commissioner Gort a 0 0 0 1 1 0 2 2 % 0.0% 0.0% 0.0% 50.0% 50.0% 0.0% 100% 100.0% Office of Commissioner Teele # 0 0 0 1 2 0 3 3 % 0.0% 0.0% 0.0% 33.3% 66.7% 0.0% 100% 100.0% Asset Management, Office of q 0 2 2 1 1 5 11 11 %0 0.0% 18.2% 18.2% 1 9.17- 9.1% 45.5% 100% 100.0% Budget and Management Analysis # 2 1 7 2 1 3 6 21 19 11 % 9.5`71 4.8% 33.3wl, 9.5% 14.3% 38.6% 100% 90,5`90 Building # 7 5 39 3 12 11 77 70 % 9.1% 6.5% 50.6% 3.9% 15.6% 14.3% 100% 90.9% City Clerk a 0 1 0 1 3 5 10 10 % 0.Ur%1 10.0% 0.0% 1 10.0 % 30.0`70 50.0`70 100% 100.0% City Manager, Office of (Including NET) # 4 6 29 4 25 43 111 107 % 3.6 % 5.4% 26.1 "� 3.6% 22.5% 38.7% 100% 96.4% Civil Service # 0 0 0 0 3 1 4 4 % 0.0% OA°t, 0,00/ 0.0; 75.0% 25.0%, 100% 100.0% Community Development/Housing // 7 15 26 8 35 30 121 114 % 5.8%, t2.4% 21.5% 6.6% 28.9% 24.8% 100% 94.2`Y Conitnunity Information # 1 0 2 0 0 2 5 4 `510 20.070 0.0% 40.0 01r, 0.0 `Yrs 0.0% 40.0% 100% 80.090 Community Planning and Revitalization # 1 0 0 0 0 0 1 0 % 100.0% 0.0% 0.001 0.0`70 0.0`70 0.0% 100% 0.0% Community Redevelopment Agency k 0 0 1 0 1 l 3 3 % 0.0% 0.0% 33.37. 0.0% 33.3% 33.3% 100% 100.0% Developnrent and Housing Conservation q 0 0 0 0 1 0 1 % 0.0% 0.0 0.0% 11.0% 100.0% 0.0% 100% 100.11% Equal Opportunity/ Diversity Programs p 0 0 0 0 1 2 3 3 rJ 0.0% 0.0% 0.0% 0.0% 33.3`70 66.7% 100% 100.0% Finance 1/ 5 6 6 5 15 22 59 54 % 8.5`X, 10.2% 10.2`70 8.5% 25.4% 37.3`70 100% 91.5% Fire -Rescue" N 206 102 296 11 27 15 31 677 471 170 30.4`& 15.117, 41.7°/v 4.0% 2.2°1c0 4.617c 100% 69.6% "Whites includes "others'', Prepared by: i.e. Asian Pacific, American, Maria Ferrer-Miralles Indian, etc. Office of Equal Opportunity/ "Separate sheet by sworn positions attached Diversity Programs 01- 579 ^lice*" # 173 • CITY OF MIAMI 40 submitted info Mr, P111 iiG 1254 %. 12.1'/ 14.6% 41.2% 3.6% 19.3`I rewrd In cannectjon with 100% 87.9% Professional Compliance, Office of EEO BREAKDOWN A 0 # 0 as of May 31, 2001 0 item -on Watt©r Foeinar, DEPARTMENT 4 MALES % 0.0% FEMALES 0.0% 0.0% M1NO t�11t 0.0% WHITES " BLACK HISPANIC JWHITES* BLACK HISPANIC TOTAL WOMEN General Services Administration # 4 4 14 # 14 26 82 2 5 8 137 123 % 10.20 19.0`/c. 59.9% 1.5`'70 3.6`70 5.81 100% 89.8% Hearing Boards # 10 27 35 # 0 0 1 0 0 5 6 6 % 0.0% 0.0% 16.7% 0.0% 0.0`90 83.3% 100% 100.0% Human Resources # 1 1 3 # 1 2 2 3 10 8 26 25 `70 3.8% 7.7% 7.71/(, 11.5%. 38.57.1 30.8% 100.0% 96.2% Information Technology # 0 1 0 5 # 12 4 20 4 2 12 54 42 TO 22.2% 7.4% 37.0% 7.4 7, 3.7% 22.2% 100% 77.8% Internal Audits & Review # l 3 4 # 1 2 1 l 1 1 7 6 71, 14.3'7, 28.6 "i 14.3 Ti, 14.3 5f 14.3 % 14.3% 100% 85.7'1 Labor Relations # 1() 134 57 # 1 0 1 2 2 1 7 6 0.4% 14.3% 0.0%, 14.3%, 28,6% 28.6 0 14.3% 100% 85.7% Law ry 487 643 1371 # 6 3 6 9 13 15 52 46 5r, 11.5% 5.81%, 11.5% 17.3.."k 25.0^1, 28.8% 100% 88.5% Parks & Recreation RACE/ETIINICITY BREAKDOWN # 11 84 135 8 59 52 349 338 'I'O'I'AL 3.2`%u 24.1% 38.7`,,, 2.35/ 16.9% 14.9ib 100% 96.8% Pension System - Board MembersiPension Plan % 18'%, # 5 2 1 1 0 1 10 5 % 50.0% 20.0`7, 10.0% 10.(1%, 0. 10.0% 100% 50.0% Planning & Zoning, Office of Equal Opportunity/ "Separate sheet by sworn positions attached 2 Diversity Programs # 2 2 8 3 3 7 25 23 `7, 8.00111. 8,01A 32.01,7, 12.0%, 12.0'/; 28.0% 100% 92.0% ^lice*" # 173 208588 51 276 131 1427 1254 %. 12.1'/ 14.6% 41.2% 3.6% 19.3`I 9.251, 100% 87.9% Professional Compliance, Office of # 0 0 0 0 4 0 4 4 % 0.0% 0.0% 0.0% 0.0% 100.07V 0.0% 100% 100,0'70 Public Facilities # 4 4 14 1 4 5 32 28 % 12.5% 12.5% 43.817" 3.11,1,' 12.5% 15.6% 100% 87.5`70 Public Works # 10 27 35 2 7 9 90 80 % 11.1% 30.0% 38.917,; 2.2 .0 7.8% 10.0% 100% 88.9% Purcilasing # 1 1 3 1 6 5 17 16 % 5.9% 5.9% 17.6`7, 5.9% 35,3% 29.4% 100.0% 94.1% Real Estate & Economic Development # 0 1 0 5 1 I $ 8 Io 0.O% 12.5 ii. 0.0% 62.5% 12.5% 12.5% 100% 100.0% Risk Management # l 3 4 3 9 9 28 27 Sr, 3.6% 10.7% 14.3'70 10.7%; 28.6%, 32.117t, 100% 96.4% Solid Waste # 1() 134 57 1 24 5 231 221 % 4.3`,, 58.0% 24.7% 0.4% 10.4`70 2.2% 100% 95.75'(, cicywlae ry 487 643 1371 150 546 443 3640 3153 % 13.4% 17.7°o 37.7% 4.1'7n 15.0% 12.2% 100% 86.6% RACE/ETIINICITY BREAKDOWN WHITES, BLACKS HISPANICS 'I'O'I'AL CITYWIDE N 637 1,189 1,814 3,640 % 18'%, 33% 5!144 100% J i.e. Asian Pacific, American, Mara Ferrer-Miralles Indian, etc. Office of Equal Opportunity/ "Separate sheet by sworn positions attached 2 Diversity Programs 579 CIVIL SERVICE BOARD City Commission Presentation Junce 1,44 '1001 Page 1 I V I L S E R V I C E B ,A TKK i� �D • Mission and Vision Statements Mission: To ensure that City employees in the � classified service are hired, promoted and retained based upon merit, efficiency, character and industry and not political patrona e. g • Vision: We are the "watchdog" for the fair and consistent application of Civil Service Rules and • m 0 Regulations for the benefit of City Y ua, employees, administration and residents. a 0 n y ? 0 of Miami Page 2 • • • of lit 1: ..111f �E ro VV What is the Civil ServiceBoard? I V Established by Cit residents to provide a merit I y L based system of employment: "City employees are hired based on what they know, not who S they know.'" E R The City Charter provides for a Civil Service Board consisting of five (5) members to V adopt, amend, and enforce a code of rules and regulations providing for I appointment and employment in all positions in the classified service subject to approval of the City Commission. The Board is responsible for investigations C concerning the enforcement and effect of Section 36 of the City of Miami Charter E and Code of Laws and of the Rules adopted. B y when the Civil Service Board was originally created in 1921. it was designed to O perform managerial and adjudicatory functions simultaneously; however, with the A to a 3 adoption of Ordinance No. 8977 on August 24. 1979, most of the Board's day -to- t _ day managerial responsibilities were moved to the newly created Department of K 1 Human Resources. s . Page 3 c° c c�Cr 0 cse S E R v I C E B O A R D CItV of Miami organizational Chart 0.A, .t)-� iMLasSaaesd BrEanPA Tmss �yi1r iYOaeloPmeat A�3 I _ re�itease M,,,lacm d e� tasded!utud Nerie+� I _ i,ab Rrl.s ossdws�xe,ms. ,IT 9 cm - If mma cosy NVAP Fwfxi big as,mTemn*p 1 wmaurml Mathies __ Narc+Nmees lEf� Cm�sdn l- tksilasru.dsoasJ Geiei Sasi� } ��� - I _ Nei tak t tiaOM Page 4 0 • S E R V I C E B 4=o '"' A �R "D to • Make -un of the Civil Service Board The Civil Service Board consists of 5 members: 3 appointed b the City Commission and 2 elected pp y by City employees with Civil Service status. • Each member serves a 2 -year term • Elections are held in December of odd years • Elected individuals become members after confirmation by the City Commission • Members salaries determined by City Commission (currently $3,600 per person, per year) Page 5 0 C I V I L S E R V I C E A oA r R 0 0 Appointed Gerald Silverman Chairman IRS A � O c IIJI a - �¢.ccr Current Board Members Appointed Frankie Rolle Board Member Elected William Scarola Board Member Appointed Martin Garcia Chief Examiner Appointed Mariano Cruz Board Member Page b • C I V I L S E R V I C E A �c A �R D�i n Three Major Functions of The Civil Service Board: • Administrative- considers a variety of requests for personnel action submitted by department heads, employees and applicants; formulates personnel policies for city government; and review applicants complaints and make recommendations on these complaints. • Legislative- amends, repeals, or supplements the Civil Service Rules. • Quasi -Judicial- acts as a court 111 Q unsatisfactory service ratings, as 3 abuses, and prohibited practices. OaV T n 1 Q Cn 523 CF _? and conducts hearings for appeals, grievances and Page 7 C� S E R v c E A �c 0 0 • Legislative Function • Amend, repeal, or supplement Civil Service � Rules • Adopt new Civil Service Rules • Final approval by City Commission Page 8 • i . of .,stogy w." * Five Year Summary o Legislative Rule Chan es I V 1996-2000: 6PublicHearings I L S unanimously E The Board u y approved the R v proposed Rule amendments proffered I by Member and five City c one E administrators. B =9� ©O a A CL 0 5 vt R3�0 Page 9 or D? n • • C I V I L S E R V I C E P O A �R �D co Administrative Function • Listed below is a summary of the 579 personnel matters considered by the Civil Service Board between 1996-2000: 0 Requests for extension of probationary periods (169) Requests for re-employment (9) Requests for time -in -grade requirements (4) Request for opportunity to take examination (1) Request to return to former classification (1) Request to transfer an employee to another class within the same salary (1) - Requests to return to former classification upon return from military g a jeave (2) 3800, Q�a 3 o� a v� ,<< ^�o CD Page 10 C I V I L S E R V I C E B O A R D 0 s • Administrative Function (cont. Requests to grant seniority credit for re-employed employees for purposes of eligibility for promotional exams (3) - Requests to retroactively grant full seniority credit for re-employed Fire Fighters (7) Requests for appearance before The Board (95) Request for permission to work outside of classification (1) Requests for permission to accrue seniority credits (9) Request for career opportunity promotions (1) Investigative reports (365) Requests for military active duty leave of absence (4) Page 11 • C I V I L S E R V I C E He" '". R i �D :d Rule 14 (cont.) (Dismissals, Suspensions, Demotions and Resignations) - The City Manager settled 1 case. - The City Manager reversed the Department Director's decision due to a deadlock vote by the Board in 1 case. - The City Manager's Judgment not required in 1 case. [Ecoid In cormecI' �ctt with Item cad-4-12-0 Wafter Fc mnai f� �'OLJ .e k Page 16 0 LI C I v I L S E R v I C E B 0 A oR �D Vt 40 0 Rule 14 (Dismissals, suspensions, Demotions and Resignations) • City Manager's Judgment Summary 0 - The City Manager concurred with the Boards recommendation in 36 cases. - The City Manager concurred with the Board's recommendation, but upheld the action of the Department Director in 8 cases. 0 - The City Manager concurred with the Board's findings, but not its recommended penalty in 1 case. submitted i,Ito the public record in ccrnec4`on with r'Wrl ZA._en_�4-of Water Foe.nan Page 15 C I V I L S E R V I C E B 0 A R D Cit co Rule 13 (Unsatisfactory Service Rating) • Board Action - The Board unanimously upheld all unsatisfactory service rating given during period with no additional penalty. U 3 this 0 (Note: The Board's decision in this proceeding is � final.) Subnktted into the pubiic record in conneelon with iem 5o on G-ry-at Warier Foeman City Clerk Page 14 0 • Five Year Summary of U - Judicial Proceedinas I V I During the time period of Januar 1, 1996 to p y L December 31, 2000, the Civil Service Board conducted a total of 64 hearings: S E R - Rule 13 : Unsatisfactory Service Rating g hearing-3y I C E - Rule 14: Dismissals-12, Suspensions-18, Forfeitures-18 B 0 A R - Rule 16: Grievances-13 1j D Submitted into the public record In conneclon with Page 13 item MQ on Vve ter Foeman City Gie 0 • udiciuasi-J al Function • Rule 13: Unsatisfactory Service Ratings Rule 14: Dismissals, Suspensions, Demotions & Resignations Rule 16: Grievances and Abuses Rule 17: Prohibited Practices Submitted into the public r CGM In COnnecton win, its 30 ,r, 6- k-01 V." e'f F02.Tian cwt` of •� F f t nc •utu Appeal Voting Summary C1 80.00%-., i t ��• 1 } � x ter- 1�. c m :,�,,`:., a �:. v''�4Y1.,' h . a..�t . V 7 ���/y//y s. • P�ai '-t :' ..'1 - :2`. y�..�.r+.,. / 0.00 /o {_��s I +, r , ' ' = , T '• Avcr. % Guilty: I. 6000% ° : 4 , - 58.98% • R 40.00�'r; t .�,.�' �. _ I Guilt- F h :R ' ] Not Guilty 30.00%-. e� E 20.00% Avg. % Not Guilty: •J. �r� J B 10.00% 41.02% o .ar ► A 0.00% � . 19% 1997 1998 1999 2000 R Page 17 Op O Appeal VSummar (cont.) `" Penalty Portion I 18- L16 T .-- lo �h # of Hearings 48 R1 •` 1#�'i 4 i `cis .ra 'Y�Y rs ,�t'j' V 10-1 C I �" '" ■ # of Times 4 E 6 r n Board Sustained 4 00 Department Director's 0 2 Decision A + 0+ �- R ( 1996 1997 1998 1999 2000 D �y_�w W .:ci-�• 4J(J r.. �C- I q I, Page 18 v�ttJ v'��c 9 c I I L s E R i c E L 0 A R D c.7 0 Appl V�oing Summar (cont.) ea Penalty Portion 45-00% = - 40a00 % 35-00% - 30.00 % 25-00% tt 15-00%,,, °lo Ty�•� r 0 0 k, x 10. :� 5.00% O.OQ %a 1996 1997 1998 1999 2000 Avg. 28.671 Page 19 i 0 • F Mus S_•`_S Appeal VotingSummar (cont.) GFrQ F��, C � 80.00%G V q . _r -e po (ADmted) ' 70.00% av^=60.9k' L 60.00%- 0 0.00% ■ Not Gui$t 50.00% - , (Appointed) S AVa-'9.0270 ,. (� G% 40.00 /� i Jy I ] Guilty R j 30.00 %G (Electra) v ! Avg -59. 8% 20.00 % C .00%�R``"T;, ❑ -Not Guilty (Elected) 0.00 %G 1996 1997 1998 1999 2000 R 0 A R D Page 20 n-. C I V I L S E R V I C E B 0 A R D • 0 • Rule 16 (Grievances and Abuses) • The City Manager's Grievance Summary for 13 Hearings (1996-2000): - The City Manager concurred with the Board in 8 cases. - The City Manager declined the Board's recommendation in 4 cases. - The City Manager rejected the Board's recommendation in 1 case. - Number of judgments awaiting from the City Manager: 0 �1.. �.^ CLC •��� _' .� "'�.�=� �^ re • J t:;y ci� ne� ✓' v`twl1i,3���nn 'Iytt� awQ e 21 .` r-: v0 u7 • 0 • • • of Grievance Voting Summary y IF C I V i 100.00% L 90.00% S 80.00%C E 70.00%D R 60.00%-® In Favor of �X0.00% Complainant << Avg. 51.8% I C 40.00% ' ■ Against 30.00% -.Complainant < Avg' 48.�% • 20.00% B 10.00% 4 0.00%. (1997: 0 hearings) �! A 1996 1997 1998 1999 2000 R Page 22 z- { • • • Opts i ,. Gr1iv hrz(�li�t�. rA� �'4'i•`Crw�' .• i •c•Is•,•TI• Grievance voting Summary (cont.) C l 100 - t�ir, iix�,t���rn�s•dn;uT�irNf.�hy..':i'�' tf �{� ,,��aa��, V vl:i'I.1�:; i•'was a In Favor of 'I Complainant] • I 90-P. 0 (Appointed) ! 1, 80 Av�T=68.9q 1' — •• 7 --•� ' .mow' ,� � jY'/�1 r,,-�je4"l' C - S 70 NA gainst E Complainant) R 60 (Appu nted l + ;�1. t.�: � r •1�, rjt�_ � \i�! V 50".t. 't � �. 1 i ,.'•' [ 3%r1�,ch,`?`�iy F�; j ,1 l�.�ir��� 7 �. ' 40 I 11 In Favor of C Complainant E 30 'Elected) , Ave 90.2% /0 f O aainst 1 Complainant %�► �} : (Elected) R I Avg 3.8% 1996 1997 1998 1999 2000 D (1997: 0 hearings) Page ?, i ,. Gr1iv hrz(�li�t�. rA� �'4'i•`Crw�' .• - t�ir, iix�,t���rn�s•dn;uT�irNf.�hy..':i'�' tf �{� ,,��aa��, ••�y rr vl:i'I.1�:; i•'was — •• 7 --•� ' .mow' ,� � jY'/�1 r,,-�je4"l' C - ;�1. t.�: � r •1�, rjt�_ � \i�! 1•* 't � �. 1 i ,.'•' [ 3%r1�,ch,`?`�iy F�; - ,1 l�.�ir��� 7 �. ' C I V I L S E R V I C E B 0 A R D i • • Civil Service Board Organizational Chart FY `2001 Civil Service Board Members Mark A. Valentine Special Counsel Diane Laurent Administrative Assistant II _r. Marta Diaz Administrative Aide II Priscilla A. Thompson Executive Secretary • Chanell Bozeman Typist Clerk 11 Page 24 0 C I V I L 5 E R V I C E • The Three Maim- Functions of The Civil Service Board Office CJ - Provides administrative/secretarial services for the Civil Service Board. - Provides information on Civil Service policies, procedures, Board action, and rules and regulations to departments, employees and appropriate persons. - Maintains agendas, minutes, and the records of the Civil Service Board. Page 25 vs. .... .. :5:. 4•t r.,. r !�:• n:.., 1. Page 25 C I V I L S E R V I C E Duties of The Civil Service Board's S ial Counsel Rendering w and Board on various matters concerning the Rules and Regulations of Civil Service. ' Q written and verbal legal opinions to the staff - preparation of Findings of Fact and Recommendations pursuant to Rule 14. g Conducting investigations on behalf of the Board - pursuant to Rules 16.1, 16.2 and 17. Page 26 I* • C I V I L S E R V I C E A c A R D 1! i • � Duties of The Civil Service Board's S cial Counsel (cont. - Assisting the Board in carrying out policy functions pursuant to Rule 4 of the Civil Service Rules. - Interpretation and application of State and County laws as they relate to the Civil Service Rules. - Preparing and recommending Rule amendments pursuant to Rule 18. 3o-iy-oi Page 27 E • I w C I V I L S E R V I C E • Significant Accomplishments 1996-2000 • Designed and distributed to 3,400 City employees 2 brochures explaining the duties and responsibilities of the Civil Service Board and its disciplinary appeal process. • • Designed and completed a survey involving 100 national and international Civil Service Systems in an effort to determine a more efficient and economical manner in which to handle employee hearings. ! • Completed the Civil Service Board's first Departmental Operational Plan. Page 28 C I V I L S E R V I C E �A R D r i i Significant Accomplishments 1996-2000 (cont.) • Computerization of the Civil Service Board Election time table; card file of closed cases; Civil Service Board Hearing Exhibits; Information Bulletin Log; and mailing labels. • In conjunction with the computer department, designed and implemented the Board's Web pages included on the City of Miami's Internet/Intranet web site. Provided trained monitors and raters who participated in and reported on a total of 41 interview processes for hires and promotions for classified positions as required under LMP -3-92. >-- vZo Page ?9 0 IM is C I V I L S E R V I C E �c A R cp D t Civil Service Board Meetings • Regular meetings are held every other Tuesday in the City Commission Chambers and are televised on cable station Channel 9 NET. Page 30 s u S E R v I e L S i • Workshops • The Civil Service Board Office offers � workshops throughout the year, which are intended to provide employees with an overview of the City's Civil Service system as well as answer questions they may have relating to the proce .�;.. 36 �-1�►-01 Pale 31 C C I V I L S B R V I C E B 0 A R E D 0 How To Reach Us • Contact: Priscilla A. Thompson Executive Secretary Civil Service Board- Room 724 444 S. W. 2nd Avenue Miami, FL 33130 Phone: (305) 416-2020 Fax: (305) 416-2025 • Internet: www-djLiami.fl.us click on Civil. Service. 0 Click on Site Index, then Page 32 0 to 1-ou. Thr're 11be a nlajoritl� rote in order for all mohnnc t•, )e adopted 1)r- the Roard. J. (Ince the rq)peal hearing is completed In, tile Board. ifs Speclal Coamwf frnpares a Ft/zelinp c j Faa and Rccurnmendarkm doc7iment for review bi the 13•,ard at its near regular meeting. This document includes rhe Board :e fndi)rgc rm the chaqes hrwu'ghr egwnst )•Ori and its rec,;rnmended penallr in Your case. The peluzltr is croft a reconurrendatton br the Board In fire Citi- Manager The City Manager n ulams th!' Imai decision un lire perru/tj• that rou ?(*it! mceire. 6. After receiring the Civil Service Eculyd's report and the a!*prored Tindirzgs of Fact and Recommundalion. file l-itt' :1ta)urer icsirec ea jird; wwt in for case. The C rtr .Manager can either concur kith the hoard's )t!cr,mmendatim) nr make his/her ou•1i penalty Issluance 0 the C'rtT 11r7na,,�ers judtment cumpletc's the Civil Service Buard appeal process. If rou aie mot satisfied u•itb the final decisiou of !be Of—i 1Ia)ua,er: mitt can tip) Pcd to fbe Circuit Conrt. FREQUENTLY ASKED QUESTIONS WHAT WILL MY HEARING BE LIKE? }hire aplxal 1_•rearing will lx head bt• file boa[d in a setfin` rrr y snniL•7r to n. cpurl lriul wberem yueshoi!s aur asked of u•ifr[esses. a court ?xPorter recnrclr the pr!)ceedings. clod exhibits are entered into er Ilene. Afte•17147;-&c. the Crt.•)f Serrice Roard will wake a finder, of grailti •.r not quill; on Ibe charges brou;bl against ltirt and. send its recornmerzdatkin to the Car Jlelnagev WHERE WILL MY APPEAL HEARING BE HEARD? Cird Service Board meetings and bearm`s are bt ld energy• other Tuesdar irr the Cita• commission Chawbers. Cita• Hall, ;i500 Pan Americom Drirc. Dinner A76, beginning at 10-00A.11 Special meetings are a&o schedukd cis receded to conduct heariiigs. Additionally; if you reside teithin the City of tliami limits. you may r.•ieu• [a lite felerisiorz broadcactint; of the 01.11 Servta• Board rneclincs and hearings on Chanr)el9 \£T DOES THE BOARD*AR THE CASE IF I AGREE WITH THE FACTS. BUT NOT THE PENALTY% YES. If; ou agree to rhe facts of rbc case, the Roard irwdrl ueNe w,ur concent to the cbar,-es and proceed to the pe)rn.Itt• portion of join appeal hearing. ANI I REQUIRED TO USE VACATION OR EARNED TIME TO ATTEND MY APPEAL HEARING: Vo Irll•mne jou hare to appear btfore a court. k,islative conmlitree, or tither judic ied or YIPV;i judi�-ial body Irl an aclivn involvil?, the Cal, of :Midori in res/)rne e to a .ubpoena or utt7 r direction ')i a proper authnritl'. ,-ou shall he granted Gave of absence with par: 1S THERE A SPECIFIED TIME FRAME FOR THE CITY MANAGER TO ISSUE A JUDGMENT!' AU. Ti -)car )'s n•�thing r(Tillen in the Citp of .1liranzi Charter 'rr C,it•il.Cerr•ice Rules that specifies a time frame for the Cit -1. Alana;ers issiumce rrf a lrrrl, m.p7t in :rat appeal case. IS THE CIVIL SERVICE BOARD THE ONLY BODY TO WHOM I CAN APPEAL DISCIPLINARY ACTIONS? No You pare t[+e Choice of appealing your disciplinarr action �eJ%ire ti Cird Service hoard or under 1 -our collective h[7r-`!ftni)7`� ((g1Z'('rnE'nt. }i)li heed t0 c0)2tact our resf)ective union mice ror tax Office !f -labor Rekztie)ns )1 rxnr cinet to appeal raider Tour union contract. For mare information about the appeal process. telephone cr)• risit the Civil Service Roard office. u Civil Service Board Office 444 S.W. 2 .avenue kl;arn:. FL 33130 Phone (305) 4152020 Fax ,305; d1(r2025 CITY OF MIAMI CIVIL SERVICE BOARD MISSION STATEMENT: TO ENSURE THAT CITY EMPLOYEES IN THE CLASSIFIED SERVICE ARE HIRED, PROMOTED, AND RETAINED BASED UPON MERIT, EFFICIENCY. CHARACTER. AND INDUSTRY AND NOT POLITICAL PATRONAGE. THE CIVIL SERVICE BOARD WILL ENFORCE THE PRINCIPLES OF A MERIT BASED SYSTEM OF EMPLOYMENT. DISCIPLINARY APPEAL ?= c .'?j L !� C O J ! O. PROCES92- r� J VISION STATEMENT: WE ARE THE "WATCHDOG" FOR THE FAIR AND CONSISTENT APPLICATION OF CIVIL SERVICE RULES AND REGULATIONS FOR THE BENEFIT OF CITY OF MIAMI EMPLOYEES. ADMINISTRATION. AND RESIDENTS. 6J i - P+ t GE\ERaI, i\FORM.4TI0t ABOUT THE CIVIL SERVICE ,APPE.0 PROCESS �� T!)t> Intent of this i brochure is to ororide I j'ou. the dassijied. permanent employee. uah information L���� coruiiytur; the procrss used for appealing drseiplindri• acne)ns Infore the Civil Service Board. Such disciplinary actions ma'r have resulted ma furjeiture of time (racutoniearred overtime), suspension, der►totion. or dismissal fmna employment. Additonallj; tris brochure provides general answers to some of the questions most fiequenlly asked by employees and attornejs ccncenling the appeal process. C pon recee Pt t f .i disciplimoi — letter si;,ried by fire Cif), Manager or your Department Director, u•e strtrngh• recommend that jou read all of the doaunents issued to your. 7Tjc• document(s) should contain n furmation about the incident that let! to Tour receit ing discipline, the &I'Wirtiniented arid Civil Service Rules which Yon violated, fiat- effeclir.A date of the discipline, ane fiv merhod Ir,, which your can appeal tl.Je dtseiplinarj• action. .'.lure information about the Civil Service Boards appeal process can be jound under Section 36 of the City of Miami Charter and Ruh 14 of the Civil Seri -ice Rules and Regulations ILatuibook. 1Yr recommend that you review the hatulbook when preparing ji,r- yYrur case. YLu maj obtain a f)ee copi• (.) f the handbook vice telephone request or lrj, visitin4 our ryfice Additionally, Me handbook can be reviewed on the Internet. Our lt•ebsite address is http.l-iii.tniatnih.us 6 STEPS OF A' m APPEAL. PROCESS FORKS !j jW4 circ' ti eda5sified cr:eDloree Ivitb permanent Civil j, Service status, cind yogi 1 Pit c, been fined, sitspended• demoted, or dismissed from i entpluYment under the provision of the Cici! Service Rules and Regulcltiurls. you may appeal the disciplinary action to the Citi! Service Board. Listed below are the steps involred in the appeal process. 1. }gut »run file a written request for an appeal hearing with the Etecutite Secretary of the Civil Ser, ice Board Office within 15 calendar digs (holidq s inchided) of the effective dote of the frirfeiture. suspension, demotion, or dismissal. Once ;•oil file cin appeal with the (:it it Serr•ic a Roard. You coir aot file stn appeal tender the- Collectiry &lr iliniu,r Agreement relating to the *iwe charges. 2. Upon receipt of Ymir 11'ritte•n request. the Evecutive Secretary »last scherhile an appeal hearing, within 30 calendar days (%olida}:t included). )bu uz11 receu•e a letter front the Civil Service Board Ojjicr advising of fix crate. time, and location ;t tour al4val bearing. Also included in the letter will he information pertaining to subpoenaing of witnesses. 77re Gail Service Board Office- )nr12. udopihena witnesses to testify on your behalf. There is no share for a subpoena issued to a Citi emploi•ee: hou ever, a $6 wituess fee check, Horde ptlzwblc• to the witness, is required for eacl; subpoena issued to a non -City employee. Your Department Director crud the City Attorneys office will be copied on the letter so that they are aware of your scheduled appeal /rearing. You maj• elect Tu represent yourself cit the appeal hearit{g or Poo niay retain legal representation. tCeoal representation refers to licensed. pructicing alturners arta not Union representatives. 77.7e City Attorne}•'s uffice represents the departrn� issuir:', the disciplinary action:. �'[i7t. Alih„a` h the lxsarin.�- is scheduled it :then j0 da;,s. it rued j riot be heard because of the Beard pWicl- Of' ,ranrin, 1 continuance eac!) ti rou and the Citj i 'recjnes&>tl..4r�•iimr_rou bare a clisntissrtl case filed with the Civil Seri ice Board Ofjice and you reepies: a continuance ojyouter appeal hearing. You »lust sign a ' T;-iiner of Pay ertid Enlolurnell G•' jorrn Bj• si` nutg this form, roll agree to Bite up any ri,,;.;ts jor pa}•trient front The date the appeal hearing was continued to the date the hearing s cnnipleted. 3. The City has the burden of proof in appeal hearings. This »teams that the department has ttj prone to the Board that the charges brought tgetilist your are supported by the f tcts of the case.. Beier in mind that while you must request an appeal hearin�,�. you do not hate to put nn a case If you choose not to do so since the but -den of proof rests it ith the City 4. 77.7e appeal hearing is divided into l pans: the fact jirtctiit ; portion avid me �c rtetltt portion. During the f tet findirki stage ..f tin alppeul hearii{,, the Civil Seri -ice Board consider t/h testim-inY Af witnesses from brm You and the Cite Subsequent.{: the Hoard makes a fading (-f gialty or ;rot guilty in the fbmt of a motion, on the cbar,es cited in the disciplinary letter that was issued to you. If the Board finds 7 oil notguiltj• t J all..,f the Coarses listed in the disciplinary let&&, there is nu pertahy portion in the appeal hearin;. If,• hoti-ever, the Boaaf finds you -uilty of ctnj of the cited charges, it protects to the pcmaltl• Portion of the cuppecd bearin". Prior to both sides proceeding with their presentations on the penalty portion, your q&cuit personnel file is revietced Buat'd Members cite apprised of Me number of reprimands, commenclations, and disciplinary actions that are included in your official personnel file. During the penalty portion of the hearing, more testimmn y U considered In' the Board should either you or the 04, wish to call Icitnesses to testify to the penalty you received. The Board tinea deterenines, i:i the four. of a motion. wbether or not it will c7rnend or upbold the Department Director's decision regarding the pe)ia4v given •' wn-%,r IS TIAI`'IL _ SERVICE BOARD? "be Ord ;m -i e Soard rs u„ emits that uac establisi.reii ;n - the residents (,f the Cit}• of Warn to protide a./air arerit btued ;stem of entp4c4 rnent try erasitrin; filar individuals are hired, prpnnhled, and retained based opsin "what thea know' and not "who the}' know'. Me Gaal Service Beard consists of 5 ;)fernbers: 3 are apjh)irite.l Ill the Citi• Ciome fission aunt 1 ore elected br Cit) emplo)re: with Cirii Serr•ice status. Fur injirrntatio►t on htrtc to become a Board :);ember. contact the City Clerk �s Office at (3115) 250-5360 WIiAT POSMONS MAKE UP THE CLASSIFIED SERVICE? The elass�ied sei't•iee Curnpril;cs those position: that reriutre ars applicant t,r (1) File cut e•ntptin•»tent aPPl cation with the Depai-tme•nt of Human Resources: () Be deemed el,. ihlc• ln. means of a competirive exam or eli,;ihility rc ,utireinents: Q) Hai -e his/her natrrte placed on an rligoible r[-;ister for emplu}rnent. and rel Have his/her name certified from an elt,rt%ile i e,cj isler FDNC TONS OF THE CIVIL SERVICE BOARD Tbv Orii Service Boards dtltieS aPle, resft ;tlabilihe.. cr_,rc r the jolio:cuz,; 3 nit fur functions AnMINISTRATIVE: _4s an Administrative body: the Briarct is le for perficir"shig i1fil those' d ilia sl itirejun tions that iiffet't the uategrit)' cif the meat sl -stem. It mrisiderc if variety, of requests for personnel action submitted by department beards. employees. and applicants. The folluwirto li.it represents some personnel matters cr,itsideied Irl• the Board. licdues! fur F_etenJOIJ, Pr(ibarionara• Pdrt G[/S ' Request for Re-Fmp!u, stent Request to Reitan to Forster Cia sificatiort Request jbr an:ipjiearance Before the Board Request fur Pcrrrtissiur: to uc;rK Outside of Request for Perrnisxtrnt !u:3c<rtte Seniority C.'rrclit Requestybr.ililtrarl Trainzrt, tvare Request for _)filitar)' Active Duir Leave Request to Return to lurwier Classification I jinn Rettini from -tlililwy Leave LECISLATI�'E:.ls a to;,fslatil:e a1N hodv the ' Board can amend, i repeal. or supplement the Civil Service Rules and it car adopr avec' Rttles. The Civil Service Rules are amended cis retittti'ed to continually serge the hest interest Of the Circ and its emp!T,-ees. An► — Ride cJiteage niacie is intentled to benefit the Civil Service s7stein as a u hale as oppuied to an individmaL Rale charges can be requested In, evnpto-1•ees and citizens alike and Must be app, of ed Ivy the Cit_1' Commission iv,fore they can beccinte lain QUASI -]UDI IA.L: As a 1J11,15i Judicial body the Board a acts alrnust like a court. Ithears y the testimony c f u•itneSses and f nrcakes a firttlinos ct fact and recontirtendations for submission to the City .)tanaq art- for• final persvir nel action. The follr,u-in q rh'pes of hearings tare conducted by the Board' Appeal Hrarmm: Anytime an emplotve with pernianent Civil Service stimis is suspended. fined, land off elemetted or dismissed, iwlshe CM) ttppael that action to the Civil Service Board witbin 15 days of the e11ictive date of the action. 7be Board nucst schedule an appeal hearing; tc•ithin 30 daa}5 itpcin receipt of the employees irr-itten request. 7be appeal hearittqfq wilt be heard h�' tiie Etw* a settir:'-, cera' si»bear to a court trial After each s:de presents etc iccu•, Me Cisi! Son iiv Guard ivill quake a finding of ;ttilm or not -uilt) c f rbc• cban cs brought tigwnst the employee curd submit its recomrnendatiori to the Ci!P .?;anctrr (,r lrs/lher final deasion. Grievance Hearing: Whenever an emplolz•e is q` ric•sed by what beashe considers a violatirm of the Civil Sert'ice Rules and deserts ars ttpjrearance before the Doard, fie/sire mast notify the EYecietire Secretary of the Cie -it Sert'ice Board in 1t'rittrt�. St[ttirati the nature of the �rietonce and request a itearh,, bl• the Board. Cpon receipt of the nraice. the Executive .Secretary icill place the e mplu-yee's request on ort upcoming Board mends. The 6aard will hear the fucts r f the cake anel submit it. recoitimendatiun to the Cite Man a.er far fined decision. lfempl,_Tvvs car-: out Satisfied in either cue. thea' may appeal to the c'trctia 6wrt. Board _Investigatic n ,;cviinae ata r»tpi r ee believes that a department director abused Ins/hey►• power in mcoinmendirg or making an eappofnlment to elm• prr,�itieJrt ear iia a let; -(p eletn(itiort, u-ithrittt juslification, or it, anj• ether manner: be,/she shall notiji, the Execittice Secretary of the Cit'il Service Board. I (boli receipt of such iuforouttion, it shall be the Board's- dutl• to investigate. ff the Board jintls that the i'iolatiorts were c:onimrs, to the intent and spirit of the Ord Service Rules and Regulation, it shall retain it report tri the aj/ected Department Iilre'ctor and to the City Akt►atl';-er. Prohibited Practices Hearing 41hen the Board receives written charges or allegation tigainst alit erxjrlcryee relcttinlg� to discrirnirtation, falsification of personnel records, fraud. bribeil', aricliur pttyoj7s, d will deten;aine if there has been a violation of the CiviOej-vice Reales and Regulations. 17,7e Baard ha; sole authority over the pe natty issued tai persons found of violatin` the provisions listed under probit ited prctctwes. L=nsatisfaceory qe-micc Ratjq _Nearing: W77ener•er an emplocccs u-rrlten perfrm7anc•c� appraisal rr flec:tc that his/ber condrtct and/or effirierrer bets fallen to an r>rerall urzcatisfarvirl' tie eng"I lre will be rally/ hef crc- the B'uad to sbvu• rt 111' belsbe sboidd rml be renxoved frr.m hiclber p(isition. Ij uponbP(tr'r7N� am case nqi satisfacioiy reason is shown !o tl_kI Board. the affected emplolvee sball Ix- rem(wed, srtspendcd. or redticed in £rade av detempined kw Apt- Blw:rt The Board's decisic•rr in tbesv jivcwc ce iinQs is final and is mo! submitted to the Cit.) _Ilarlcr`;er• jot final action. .411 requests to come hefure !be Cir.41 service Gucird must bc•_in uritin" and mailed Or drlir£rrd to. Nrisciller A Thompson Trttxttive Set-relmy Ciz d Service Bnurd - Rontn 72 -44-1 S.A:2 az-.oyme lli�nti. Fl 33 1130 1T,*, recoilimend drat all emplclle'es read the Cit -it Sen-rre Rules and Re illations bal0briox. .4 free copy of the bandbo(k can be obtained via telephone• recitte,,1 Or br risiting Our c!fficc .4dditzoolalh'. the handbook carr be rietced int tic• int-'rnet. 8E)ARt) MEETINGS Civel _�rr-rce Board re alar I rneerirtgs are held every other Ibrtrsdcry in the City 'ri (r»ntissin12 Chambers. Cit1. Nall, 3700 Parz.4mericart fb-itx. sinner Key. b�nrnntnc at !n:!!0 .411. Special rlteetirt,,s are also scbedttled as needed t-) conc!trrt hearwlr s trod bandle elnergeni 1' requests. Tbese ntcetings arc, tetertsed or. Cluntnel 9 .\-F_T and are opetn to the pltblic WE'RE ON THE INTERNU Visit our u"zb-site at www.d.miaiaLfLus. From tie coyer pa?e: 1. CI1CK on Goreri-II r'Servicec CI.iCK ort Cin• Agencies and ltrjormarion . C11CK oa Civil Serrice HOW TO GET ON 011e K4,1 .:NG LIST Emphr gees, do trot jri•t f l•rrtt would rort !Ike to Arr(T abreast _ of what s happening a! Citi! k•rrrce Board nrpe!zt,,,js bol Nott carrrtrrt watt%r its on Channel 9 :\FT t.r atlend ottr rneelinp, you mwl retrive a CV�71' Vj Me agepu'to and/or winrrtes Ir• simple' telcpioning our tijjiee. Il'e will Mas!_ ctdd -oif to ottr rruziting list. /f you tiro housed al the abanri Riverside Center t.11RC r hurldinr. t/-xr inr(krrnatioll will by F-truliletl to _711f. ffyott are wasrrte the JIRC building, M infi,rrrratron will be mailed directll to tical. Y%nr ton alto visit mer urb site for information oft the Civil $eri-ke Berard. . WQRKSM 775- Civil Sc rvicc• Roard Office jf rs workshops lbroetgbout O the near to all emplrnres. The F D objectit•cr of These ity.)rk-Mops is :+ to protide £rnplortes wirb air r r• ororr•iew of the City•s Ord Service system tu well as answer ant' questir_nrs empl,�yees nuts• lwry rekttrn` to tln Process. W -i, offer o f -cite workshops.for !hose departments housed outside UN- tliatrzi Rirersu►e Center building. Please contact wir rrjfice if yort wish to hare a workslvp held at t•Y+ur- location- .Votice etj ttpcowing workshops is adr•ertised lbromgb Ciril Semite Board rnjorrnutional brilletitls. me►rros. e -Iliad. arld phone call to our office. Cirl►il Service Board Office 444 S.lt'. 2 Avenue Miami. FL 33130 Phone ;305 4102020 Fax 1305. 416-2,025 y� u� CITY OF MIAMI CIVIL SERVICE BOARD MISSION STATEMENT: TO ENSURE THA: CITY EMPLOYEES IN THE CLASSIE±E O SERVICE ARE HIRED. PROMOTED, AND RETAINED BASED UPON MERIT. EFFICIENCY, CHARACTER, AND INDUSTRY AND NOT POLITICAL PATRONAGE. THE CIVIL SERVICE BOARD WILL ENFORCE THE PRINCIPLES OF A MERIT BASED SYSTEM OF EMPLOYMENT. VISION STATEMENT: WE ARE THE "WATCHDOG" FOR THE FAIR AND CONSISTENT APPLICATION OF CIVIL SERVICE RULES AND RE;GUILATIONS FOR THE BENEFIT OF CITY OF MIARII EMPLOYEES. ADMINISTRATION, AND RESIDENTS. 0f- 5"r9 0 L I CIVIL SERVICE RULES & REGULATIONS Ordinance No. 8977, Effective August 24th, 1979 Volume 6, No. 10 as amended 6/00 Sulirilitlod 1+i10 tho pt,hlic rocord in contivolion with of- 579 w:,.ir :� r• TABLE OF CONTENTS RULE1 Definitions of Terms Used................................................................. Page 1 RULE2 Organization And Duties.................................................................. Page 4 RULE3 Official Records................................................................................... Page 6 RULE 4 Policy Functions Of The Board......................................................... Page 7 RULE 5 Application For Examinations.......................................................... Page 8 RULE6 Examinations...................................................................................... Page 9 RULE 7 Eligible Registers................................................................................. Page 11 RULE 8 Appointments, Promotions, ds Advancements ............................... Page 12 RULE9 Probation............................................................................................. Page 16 RULE10 Employee Organizations.................................................................... Page 18 RULE11 Transfers.............................................................................................. Page 19 RULE 12 Layoff, Resignation And Reinstatement .......................................... Page 20 RULE13 Service Ratings................................................................................... Page 24 RULE 14 Dismissals, Suspensions, Demotions And Resignations ............... Page 25 RULE 15 Hours Of Work Attendance And Leave .......................................... Page 33 RULE16 Grievances And Abuses..................................................................... Page 43 RULE17 Prohibited Practices............................................................................ Page 44 RULE18 Change Of Rules.................................................................................. Page 45 RULE19 Regulations.......................................................................................... Page 46 Submitted Into thn public record In connoctlon with item s on 4 - /V P - 5'7 9 Walter F"ocman City Clod( QaasM • 4 CITY OF MIAMI, FLORIDA CIVIL SERVICE RULES AND REGULATIONS RULE 1 DEFINITIONS OF TERMS USED Sec. 1.1. 'Civil Service' shall comprise all positions of trust, skill or employment, including all employees whether perrnanent or temporary, in the service of the City of Miami, except as otherwise provided by the Charter of the City of Miami. Sec. 1.2. 'Unclassified Service' comprises those positions specified in Section 62 of the City Charter, which shall be interpreted in accordance with the following: (a) The City Manager's 'Assistants and Secretarial staff shall include all members of the City Manager's personal staff. Such positions also shall include Assistants and Secretarial staff positions authorized in the City budget for the Mayor and members of the City Commission, provided that employees of such positions shall be nominated by the Mayor or Commissioner and shall be appointed by the City Manager. (b) The 'Heads of Departments' shall include the Directors of all departments, agencies and offices created by City Charter, City ordinance or City budget under the direction of the City Manager. (c) 'Assistants to Department Heads' shall include not to exceed five positions in each City Department, agency or office as authorized by the City Manager. Such positions shall be in addition to those positions specified by title in paragraph (1) (c) of Section 36 of the City Charter. (d) Positions funded under Federal grant programs shall be unclassified only when the Director of the Human Resources Department determines that it is not feasible to select employees for such positions in accordance with the selection requirements of these rules. Personnel with permanent Civil Service rights appointed to unclassified positions shall retain and continue to accrue Civil Service rights in the classified position from which the appointment was made. Submitted into the public rocord in connection with -� - 1- 579 item -3!2--on 6 - ! - o W.-Ror Fooman W . Sec. 1.3. 'Classified Service' comprises all positions not exempted by the Charter in accordance with these rules. The Charter shall be interpreted broadly to include employees in Federal grant programs whenever the Director of the Human Resources Department determines that it is feasible +- select such employees in accordance with the selection requirements of these rules. The 'Classified Service' shall be divided into three classes to be designated competitive, noncompetitive and labor. Sec. 1.4. 'Competitive Class' shall include all positions and employment for which it is practicable to determine the merit and fitness of applicants by competitive examinations as determined by the Director of the Human Resources Department. Sec. 1.5. 'Noncompetitive Class' shall include all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character as may be determined by the Director of the Human Resources Department in accordance with the City Charter. Sec. 1.6. 'Labor Class' shall include unskilled labor. Sec. 1.7. 'Permanent Employee' means any employee in the classified service who has been regularly appointed, after serving a probationary period, to a position which normally involves continuous year-round service. Sec. 1.8. 'Probationary Employee' means any employee in the classified service who has been regularly appointed to a position but who has not completed the required probationary period. A probationary employee has no Civil Service rights and may, be returned to a former classification in which the employee held permanent status, or be discharged if in an entrance position, upon being notified in writing, but shall not be accorded a hearing before the Civil Service Board. Sec. 1.8b. 'Probationary Period' is that period of service which an employee must complete prior to obtaining permanent appointment. Sec. 1.9. 'Temporary Employee' means any employee appointed for a special period, for a special project, or to replace a regular employee on leave. Temporary employees accrue no Civil Service rights in their temporary classifications. Sec. 1.10. 'New Position' means a position created either by (a) an authorized addition of a position to an organization unit, (b) creation of a position not previously existing, or (c) reclassification of a previous position. Sec. 1.11. 'Eligible Register' is a list of persons who have qualified through suitable examination for employment in positions allocated to a specified class or to a limited number of clearly defined positions within a class. Sec. 1.12. 'Promotion means a transfer made in accordance with these rules from a :tower to a higher classification in the same job family, involving a requirement that the employee must have fust held status in the lower classification to be ehl;ible for promotion. -2- Sec. 1.13. 'Advancement' means a transfer made in accordance with these rules to a classification which has a higher salary range and for which there was no requirement that the employee must have first held status in a lower classification. Sec. 1.14. 'Demotion is a reduction in classification and status. A demotion is used when an employee is found to be unsatisfactory in the employee's higher level or for disciplinary reasons. Sec. 1.15. 'Return to Former Classification' is a reversion to a classification in which the employee held status prior to promotion, advancement, change in classification, or appointment to the unclassified service, due to voluntary request or other reason not involving discipline. Sec. 1.16. 'Change in Classification' is a change to a different classification with no change in pay range or a change to a classification with a lower pay range in which the employee held no previous status. A change in classification is based on a voluntary request or other reason not involving discipline. Sec. 1.17. 'Board' when used by itself refers to the Civil Service Board of the City of Miami. Sec. 1.18. Position is a group of current duties and responsibilities assigned or delegated by competent authority, requiring the full-time or part-time employment of one person. Sec. 1.19. 'Age Limit' is the established limit on age. An applicant will be deemed to be within the age limit for examination if the anniversary of his/her birth date falls within one month of the date of the examination. Submitted Into the publle record in connoctJon. With� .3- 1 - 579 item 50 on Walter Foornan (;il- Cl",%11.. fllI W #; RULE 2 ORGANIZATION AND DUTIES Sec. 2.1. Organiaational Meeting. Immediately after appointment the Board shall elect one of its members as Chairman, then elect one of its members to serve as Chief Examiner and Secretary. The Board shall next appoint an Executive Secretary. Any three members of the Board shall constitute a quorum. Selection of the Chairman, Chief Examiner -Secretary and Executive Secretary shall be by majority vote of the Board members present. Sec. 2.2. Duties of the Executive Secretary. It shall be the duty of the Executive Secretary to keep minutes of all meetings of the Board, to appoint other members of staff in accordance with the provisions of these rules and the City Charter, to supervise all activities of the staff and to serve as the Chief Executive Officer of the Board. lie/She shall be ex officio director of personnel for purpose of Section 36 of the City Charter. Sec. 2.3. Duties of the Chief Examiner. It shall be the duty of the Chief Examiner to verify all minutes and records of the Board. The Chief Examiner shall provide examinations in accordance with regulations of the Board and maintain lists of eligibles of each class of the services of those meeting the requirements of said regulations. Positions in the classified service shall be filled by him/her from such eligible lists upon requisition from and after consultation with the City Manager. These Charter functions shall be interpreted in accordance with the provisions of these Rules and Regulations. The purpose of such interpretation is to assure compliance with court decrees, Federal selection guidelines, grant requirements and other governing regulations. These functions shall be performed in accordance with the following interpretations: (a) The phrase 'provide examinations' means to assure that examinations are prepared by the Director of Human Resources Department under the provisions of Rule 6 hereof. (b) The phrase 'maintain lists of eligibles' means to assure that eligible registers are established by the Director of Human Resources Department under the provisions of Rule 7 hereof. (c) The phrase stating that positions 'shall be filled by him/her' means the Chief Examiner shall assure that positions are filled in accordance with the provisions of Rule 6 hereof. The Chief Examiner bears ultimate responsibility to assure that these functions are perforated in accordance with the Rules and Regulations of the Board. Sec. 2.4. Department Rules. The Director of each Department shall make the rules for conduct of his/her department. Such rules shall be subject to the approval of the City Manager, shall be filed with the Board, and shall not be in conflict with the Civil Service Rules. Sec. 2.5. Official Signatures. atures. The Executive Secretary or his/her designee shall sign all vouchers involving the expenditure c+f funds appropriated to the Board. The Chairman of the Board and the Chief Examiner -Secretary shall sign the official minutes involving acts of the Board. The Chief Examiner or the Director of the Department of Human Resources shall sign -4- �Z�Iicfl: i 4 all payrolls certifying that each person named thereon holding a position in the classified service has been appointed or employed in accordance with the provisions of the City Charter and of the rules established thereunder. Sec. 2.6. Duties. After the Chairman. Chief Examiner and Executive Secretary have been chosen, the new board will next adopt the existing rules of the Board with such amendments as it may elect to make or it may adopt an entirely new set of rules, subject to the approval of the City Commission. The Board shall perform such other functions as may be delegated by the City Commission. The salaries of the Board and its employees shall be determined by the City Commission and a sufficient sum shall be appropriated each year to carry out the Civil Service provisions of the City Charter. Sec. 2.7. Avueaiance Before the Board. Anyone desiring an appearance before the Board shall confer with the Executive Secretary who will make the necessary arrangements or consult the Board. Sec. 2.8. Public Board Meetings. All meetings of the Board shall be open to the general public. Equipment necessary to transmit Board meetings shall be set up prior to the time scheduled for the Board to meet. Submitted Into the public record In connection with - s - 01— 579 kem 10..._, on 6--11-151 Wafter Foernan ON Clerk RULE 3 OFFICIAL RECORDS Sec. S.I. Board Ubmtes, The Executive Secretary shall keep a minute record of the official proceedings of the Board as required under these rules. The Hoard's minutes shall record all official actions of the Board Sec. 3.2. Personnel Records. The Director of the Department of Human Resources shall maintain official personnel records of classified employees and shall establish procedures necessary to protect the privacy and confidentiality of such records, consistent with the provision of law. The Director shall also establish a records management program for the maintenance and disposition of official personnel records consistent with the provisions of Stage law and local ordinances. 0 Ve RULE 4 POLICY FUNCTIONS OF THE BOARD Sec. 4.1. Recommendaba. General. It shall be the duty of the Civil Service Board to review and recommend new and improved personnel policies to the City Commission, the City Manager, the Director of the Department of Human Resources and other departments and agencies of the City Government. In fulfilling this responsibility, the Board may from time to time conduct public hearings and may, in its discretion, take testimony under oath from City officials, residents of the City, City employees and their representatives, and experts in the field of personnel administration. The Board may place its findings and recommendations in the minutes of the Board or in written reports which the Board may submit to the City Commission, the City Manager and the Director of the Human Resources Department, Sec. 4.2. Recommendatory, 5pecific. The Chief Examiner may review any complaint of an applicant for employment or promotion and may make recommendations to the City Manager and the Director of the Department of Human Resources for resolution of such complaints in accordance with the provisions of these rules. 80mltted Into the publlo Word In connec on with 07- 0011n 056 on 01— 579 Wniter Fooman V 0 RULE 5 APPLICATION FOR EXAMINATIONS Sec. 5.1. Announcement. All announcements of examinations for positions in the classified service shall be issued by the Director of Human Resources Department and shall be posted in the Civil Service Office, in the City Employment Office and in such other places as the Director of the Human Resources Department deems advisable. This will include necessary advertising in the ethnic media and in the general press when outside advertising is desirable. The announcements shall specify the title and salary range of the classification or positions for which the examination is announced, the nature of the work to be performed, the qualifications necessary or desirable for the performance of the work; the time, place and manner of making application; whether recruitment will have a fixed or flexible closing date for receiving applications; and other pertinent information. Sec. 5.2. ,Application Forms. Applications shall be made on forms prescribed by the Director of the Human Resources Department. Such forms shall require information covering training, experience, references and other pertinent information. Each application must be signed by the person applying. Such forms shall comply with Federal requirements. Sec. 5.3. Residence. All applicants must be residents of the City of Miami, Florida, except when the Director of the Human Resources Department determines that prior recruitment experience or other relevant factors make broader recruitment necessary in order to attract: qualified applicants or to comply with Federal requirements or court orders. Preference in certification may be given to residents of the City or of specific neighborhoods when such preference will serve the best interests of the City or will assist in achieving compliance with applicable law or regulation. Employees must maintain residence in accordance with requirements established by the City Manager. Sec. 5.4. Disqualification. The Director of the Human Resources Department shall reject an application which does not indicate on its face that the applicant possesses the minimum qualifications required for the position or who fails to file by the announced closing date for receiving applications, unless prior to such date an extension has been publicly posted. Applications also shall be rejected if the applicant is physically unfit for the performance of the duties of the position to which he/she seeks appointment; is addicted to the habitual excessive use of drugs or intoxicating liquor; has made any false statement of any material fact, or practiced, or attempted to practice any deception or fraud in his/her application. Applications may be rejected if the applicant has been convicted of a crime or is guilty of any disgraceful conduct. Whenever an application is rejected, notice of such rejection with statement of reason shall be mailed to the applicant by the Director of the Human Resources Department; provided, however, that applications more than two years old may be destroyed without notification, if otherwise authorized by law. -8- RULE 6 EXAMINATIONS Sec. 6.1. 02m Examinations. All open examinations shall be open to all persons who possess the minimum qualification requirements as established by the Director of the Human Resources Department. Such examinations may be competitive or noncompetitive and may be restricted to employees in the service of the City or to applicants who meet eligibility criteria for grant programs. Sec. 6.2. Promotional Examinations. Advancement within the Classified Service shall be through promotional examinations which shall he open to all employees who meet the necessary requirements and who are serving in an appropriate class as determined by the Director of the Human Resources Department. Promotional examinations may be competitive or noncompetitive and may be limited to a single department or subdivision thereof. While vacancies in higher positions shall, as far as practicable, be filled by promotion or advancement from lower positions, the Director of the Human Resources Department, on recommendation of the City Manager, may direct that such positions shall be filled by examinations open not only to City employees, but also to other qualified persons. Sec. 6.3. Contents of Examination. All selection procedures shall be practical in character, and shall relate directly to those matters which will fairly determine the relative capacity of the person examined to discharge the particular duties of the classification or position to which appointment is sought. Examinations may be assembled or unassembled and may include written, oral, physical, medical or performance tests, apprenticeship or on-the-job training programs, or any combination of these or other recognized selection procedures. They may take into consideration reasonable factors such as education, experience, aptitude, knowledge, character, physical fitness or any other qualifications which in the judgment of the Director of the Human Resources Department enter into the determination of relative fitness of applicants. Sec. 6.4. Veterans Preference. In certification for appointment, in appointment, in reemployment, and in promotion, preference shall be given in accordance with the State of Florida Statutes, as amended. Veterans preference in retention shall be given in accordance with the provisions of Rule 12 hereof. Sec. 6.5. Method of Rating. Sound measurement techniques and procedures shall be used in rating the results of examinations and determining the relative ranking of candidates. In aU examinations, the minimum rating by which eligibility may be achieved shall be established by the Director of the Human Resources Department, who may also determine a minimum rating or standard for progression to successive steps in a total selection procedure. Sec. 6.6. Rating of Examination Results. Passing grades for each examination shall be established by the Director of the Human Resources Department. The names of applicants receiving a passing grade shall be entered on the appropriate eligible register and a copy shall be submitted to the Chief Examiner. public rocord in connection with -9- item -50 on -11 - t 01— 579 Walter Foeman City Clnr!c ��e 0 • Sec. 6.7. ori . (a) Credit for seniority shall be given only for actual service in the classification in the Police or Fire Service from which promotion is sought whether such service has been continuous or not. This shall not apply in reemployment. Seniority shall be computed as of the date of original appointment according to the table shown in subsection 6.7(d) hereof. (b) In Fire Department promotional examinations, the number of points earned under subsection 6.7 (d) hereof shall be added to the standard minimum passing score and shall have a weight of two out of ten in determining the final grade excluding veteran's preference, if due. (c) Seniority for Police Sergeant, Police Lieutenant, and Police Captain: The promotional examinations prepared and administered by an independent testing agency, as required by Court Order in Case #71 -1887 -Civ -CA 1/ shall compute seniority points in accordance with subsection 6.7 (e) hereof. The number of points earned shall be multiplied by two and divided by ten, with the product then added to the examination score to adjust the grade earned. Upon release from the subject Court Order, promotional examinations listed in his subsection shall be computed as outlined in subsections 6.7 (a), (b) and (d) hereof. (d) For the first 6 months............................................................................................0 For each full month of the second 6 months.....................................................1/3 Foreach second full year......................................................................................2 Forthe third full year............................................................................................2 For the fourth full year.........................................................................................2 Forthe fifth full year...............................................:.............................................2 Forthe sixth full year............................................................................................2 Forthe seventh full year.......................................................................................2 Forthe eighth full year.........................................................................................3 Forthe ninth full year...........................................................................................3 Forthe tenth full year...........................................................................................3 For each additional year after 10 years..............................................................1/2 Maximumfourteen (14) years.............................................................................1/2 (e) For the first 6 months ............................................................................................0 For each full month of the second 6 months.....................................................1/2 Foreach second full year......................................................................................3 Forthe third full year............................................................................................3 Forthe fourth full year.........................................................................................2 Forthe fifth full year.............................................................................................2 Forthe sixth full year............................................................................................2 Forthe seventh full year.......................................................................................2 Forthe eighth full year.........................................................................................2 Forthe ninth full year...........................................................................................2 Forthe tenth full year...........................................................................................2 Foreach additional year after 10 years..............................................................1/2 Maximumfourteen (14) years.............................................................................1/2 V Franklin G. Cohen,, et al., v. City of Miami, et al., District Court, Southern District of Florida, Case #71 -1887 -CN -CA. -10- 11110fANx • 0 RULE 7 ELIGIBLE REGISTERS Sec. 7.1. Promotional and Open Registers. The Director of the Human Resources Department shall establish and maintain such promotional and open registers for the various classes or positions as he/she deems necessary or desirable to meet the needs of the service. Sec. 7.2. Order of Names on Registers. Names of eligibles shall be placed on competitive registers in the order of their final earned rating. In case of ties in the final ratings, names shall be placed on the registers in alphabetical order, when one such eligible candidate is certified, all such eligible candidates with tied scores shall be certified for interviews. Names of eligible shall be placed on noncompetitive registers as determined by the Director of the Human Resources Department. In the case of open continuous or intermittent recruitment, names of eligibles shall be added to competitive registers in accordance with their scores and to noncompetitive registers as determined by the Director of the Human Resources Department. Sec. 7.3. Duration of Registers. The term of eligibility of each register and of the names appearing thereon shall be fixed by the Director of the Human Resources Department at not less than one year nor more than two years. Whenever, for economic purposes, the Cite Manager by memorandum delays the filling of a promotional vacancy, the life of the subject register and all other promotional registers affected thereby shall be extended for a period of time equal to that time occasioned by the delay. Any register that has been in effect for more than one year may be abolished or extended at any time by the Director of the Human Resources Department. For the purpose of this rule the life of an eligible register begins on the date the eligible register is established. (Ordinance No. 10163) EFFECT OF AMENDMENT - Prior to the Amendment of this section, which became effective October 7, 1986, Section 7.3 did not provide for the duration of eligible registers affected by a promotional freeze as ordered by the Cihj Manager. Sec. 7.4. Availabili1y of Eligibles. It shall be the responsibility of eligibles to notify the Director of the Human Resources Department in writing of any change of address or other change affecting availability for employment. Sec. 7.5. Removal from Re-giister. The name of any person appearing on a register may be removed by the Director of the Human Resources Department if the eligible requests in writing that his/her name be removed or if he/she cannot be located by postal authorities or other means of ordinary communication within five days following the date of notification. The name of any eligible may also be removed if the name has been certified for appointment three separate times and has not been appointed, or if the eligible has waived appointment twice in the same class of position. Any cause specified in these rules for the rejection of applications may likewise be cause for the removal of the name of an eligible from the register on which it appears. 5ubmittad into the publlt>$upp. #3,10-86 -11- rocord In connectionith item 30 on 6 - It -0 01— 579 Walter Fooman City Cloth Lim RULE 8 0 APPOINTMENTS, PROMOTIONS & ADVANCEMENTS Sec. 8.1. From Eli'ble egister. Except as otherwise provided in these Rules, every vacancy in the classified service shall be filled by appointment from the appropriate eligible register. Appointments shall be made to, or employment shall be given in, all positions in the classified service by selection of persons certified by the Director of the Human Resources Department. Sec. 8.2. Request for Certification (Requisition). Whenever the City Manager shall request certification from the Director of the Human Resources Department for appointment to, or employment in, any position in the classified service, he/she shall specify the title and duties for such position, so that certification may be made from the appropriate eligible register, or when necessary, a proper eligible register may be prepared as the result of an examination held for that purpose. Sec. 8.3. Certification from Open Competitive Registers. The Director of the Human Resources Department shall certify from the appropriate eligible register the five persons who stand the highest thereon. Eligibles not selected shall be returned to the register in accordance with their relative grades. Only under unusual and exceptional conditions satisfactory to the Board shall the names of eligibles be passed over. (Ordinance No. 11667) EFFECT OF AMENDMENT -Prior to the amendment of this section, which became effective July 3, 1998, Section 8.3 was divided into subsection (a) which outlined the 'certification process for open competitive registers for positions other than Police Officer, and subsection (b) which outlined the process for certification and selection for the position of Police Officer. Sec. 8.4. Certification from Promotional Competitive Re ' ters. The Director of the Human Resources Department shall certify from the appropriate register for each vacancy the names of the five persons who stand highest thereon. Only under unusual conditions, satisfactory to the Board, shall the names of eligibles be passed over. Sec. 8.5. Certification from Noncompetitive Registers. The Director of the Human Resources Department shall certify a list of candidates which may be limited to those whom he/she deems most qualified. Sec. 8.6. Certification from Labor Registers. The Director of the Human Resources Department shall certify from an established eligible register a list of candidates which may be limited to those he/she deems most qualified. Supp, #7, 07-98 -12- 0 41 EFFECT OF AMEAWMENT-Ordinance No. I1844, effective October 12, 1999, deleted Section 8.7. Additional•Certification., in its entirety. Section 8.7 was previously amended by Ordinance No. 10282, effective June 11, 1987, which represented Supp. #4, 6-87 Sec. 8.7. AP1'a2t. Appointments, promotions, and advancements shall be made from a list of names certified by the Director of the Human Resources Department, except as otherwise provided in these Rules or approved by the Board. Sec. 8.8. Temora rX ApVointments in the Absence of Eligible Registers. In the absence of an eligible register and whenever there are urgent reasons for filling a vacant position in the classified service, the Director of the Human Resources Department may refer from the applicants who have applied for the subject classification those he/she deems most qualified. Applicants not coming from eligible registers shall meet the minimum requirements for competition in the examination for the position being filled. A temporary appointment may be authorized by the Director of the Department of Human Resources for a specified period of not more than ninety days, or to replace in employee on leave of absence, or to fill a temporary position established for a period of less than one year. The appointee may hold the position until an eligible register is established. Sec. 8.9. Temporary Promotions. An emergency, interim or temporary promotion from a lower to a higher classification made necessary by reason of illness, disability or other cause for absence of the regular employee, may be authorized by the Director of the Human Resources Department, upon written request, with full information from the Director of the department of the involved employee. Said promotion will terminate with the return of the regular employee or upon appointment from an eligible register. No seniority rights in the higher classification shall accrue to said employee. Sec. 8.10. Method of Qualifying Incumbents of Classified Positions Allocated to New or Higher Levels. Whenever an occupied position has been allocated to a new or different class, the incumbent thereof shall be qualified for the new class in one of the following manners: (a) If the incumbent has been performing satisfactorily at the new or higher level for a period of four years or more and has held permanent status in the previous classification, he/she shall receive the new or higher classification with permanent status, without further examination; or (b) If the incumbent has been performing satisfactorily at the new or higher level for a period of two years or more and less than four years, and has held permanent status in the previous classifications, he/she shall be. given a qualifying examination, the scope of which shall be at the same level of difficulty as normally given for the same or like classification, and if successful therein, he/she shall receive the new or higher classification with permanent status. (c) In the event the incumbent does not qualify under (a) or (b) above, he/she shall be processed in accordance with the layoff procedures, and the position filled from the appropriate eligible register. Supp. #4, "b9tothSumittedIne public -13. record in connection ►th item 16)—on6 • � "4 W:1tur Poeman (''•le Clork 0 Sec. 8.11. Reorganization Whenever a department is being reorganized, pursuant to a survey approved by the City Commission or when amendments to the City Charter become necessary, a Department Director, during the transitional period of reorganization, shall have a right to detail personnel within a department to duties of a higher responsibility, with or without salary adjustment, for a period not to exceed 120 days and subject to review every 60 days by the Director of the Human Resources Department, which period may be renewed at the discretion of the Department Director for additional periods of 120 days or until the next general election, whichever comes first. Employees so detailed shall not accrue any Civil Service status while performing these duties during the transitional period of reorganization but shall continue to accrue Civil Service rights in their permanent Civil Service classification. Sec. 8.12. '.notice in Writing. Immediate notice in writing shall be given by the Department Director to the Director of the Human Resources Department of all appointments (permanent and temporary), transfers, promotions, resignation, suspensions and vacancies from any cause, and the date thereof and a record of same shall be kept by the director of the Human Resources Department. Whenever a new position is created or an old one abolished or consolidated with another of different classification, the Department Director interested shall immediately report same in writing to the Director of the Human Resources Department. Sec. 8.13. Change of Status to unclassified Service. Any employee of the City of Miami who holds permanent Civil Service status and is appointed or assigned as a Director of a Department or to any other position in the unclassified service, shall be returned to the rank from which said employee has been promoted under personal request of the employee or when said unclassified service employment ceases, or when said employee is removed from said unclassified service employment. Seniority credits in the permanent Civil Service classification held by such employees shall accrue to the said employee while assigned to such unclassified service employment. A probationary employee, who has been appointed to a position in the unclassified service, may accrue Civil Service credits with the approval of the civil Service Board upon completion of the normal probationary period. Application for such rights must be requested by the probationary employee and approved by the Director of the Department in which he/she held his/her classified position. Such unclassified employment shall not bar employees, holding permanent Civil Service status, from qualifying for promotional examination to the classification next higher to their permanent Civil Service classification. Sec. 8.14. Police Promotions. Eligibility to take the promotional examination for Sergeant of Police shall be limited to those employees holding permanent status as Police Officer, and who also meet the following time -in -grade and educational requirements: 36 months - High School or equivalent 32 months - Associate Degree 28 months - Bachelors Degree 24 months - Masters, Doctors or Law Degree All of the above-mentioned time -in -grade shall be actual continuous satisfactory service in the classification of Police Officer. All of the college degrees mentioned above shall be from accredited colleges or universities and shall be in the fields of: Police Science Police Administration Public Administration •14- - I - 0 4 Business Administration Criminology Psychology Sociology Law or such similar or related field as approved by the City Manager and the Director of the Human Resources Department. Employees with two years of actual continuous satisfactory service in the classification of Sergeant of Police shall be considered eligible to take a competitive promotional examination for Lieutenant of Police. Employees with two years of actual continuous satisfactory service in the classification of Lieutenant of Police shall be considered eligible to take a competitive promotional examination for Captain of Police. Any person promoted to these classifications may he assigned anywhere in the Police Department without the consent of the person so promoted. Personnel who were not promoted to these classifications, but received them as a result of reclassification from the old classification of Police Sergeant, Police Detective, Police Lieutenant, Police Detective Sergeant, Police Detective Lieutenant, and Police Captain shall not be interchanged between any former uniform or detective positions except with the approval of the persons concerned. Only employees qualified as set forth in the preceding subsections hereof and in the other pertinent sections of these Civil Service Rules and Regulations shall be eligible to hold such promotional positions. Sec. 8.15 Fire Promotions. Employees with four years of actual continuous satisfactory service in the classification of Firefighter shall be considered eligible to take a competitive promotional examination for Fire Lieutenant. Employees with two years of actual continuous satisfactory service in the classification of Fire Lieutenant shall be considered eligible to take a competitive promotional examination for Fire Captain. Employees with two years of actual continuous satisfactory service in the classification of Fire Captain shall be considered eligible to take a competitive promotional examination for Chief Fire Officer. Only employees qualified as set forth in the preceding subsections hereof and in the other pertinent sections of these Civil Service Rules and Regulations shall be eligible to hold such promotional positions. Sec. 8.16 Promotions Upon Retirement. Any officer of the Police Division or uniformed member of the Fire Division may, upon retirement, be promoted without examination, to the next higher rank in the service. This promotion is to be based entirely upon the recommendation of the Directors of the Fire and Police Departments, and is an honorary promotion, carrying no Civil Service rights or status. Sec. 8.17. Accordance with Collective Bargaining Agreement. Notwithstanding the provisions of this rule, employees in a bargaining unit may be appointed, promoted, or advanced in accordance with provisions of the appropriate labor agreement. Submittod Into the public 15 _ record In connection with 1— 579 Iters 60 on & - tq-b i Walter Foemar, W 0 RULE 9 PROBATION Sec. 9.1. Definition. A 'Probationary Employee' is an employee initially employed in a classified position, or an employee who is in the classified service, but who has been promoted, advanced, demoted or changed in classification and who has not completed the probationary period provided in subsections 9.2. and 9.3. hereof. Sec. 9.2. Incomplete Action. No initial appointment, advancement, promotion, demotion or change in classification in the classified service shall be deemed complete until a probation period of actual service in the position to which appointed, advanced, promoted, or change in classification shall have been completed. Sec. 9.3. Length of Probation. The required period or probationary services shall be as follows: Upon the initial appointment or advancement to the position of Police Officer, the period of probationary service shall be not less than eighteen months nor more than twenty-four months. (Ordinance 11822) Upon the initial appointment or advancement to the position of Identification Technician I or Firefighter, the period of probationary service shall be twelve months. Upon the initial appointment, advancement, or change in classification to any other position, the period of probationary service shall be not less than six months nor more than twelve months. EFFECT OF AMENDMENT -Prior to the Amendment of this section, which became effective july 27,1999, the probationary period for Police Officer was eighteen months. Sec. 9.4. Automatic Return. Said probationary employee may be returned to his/her former classification or, in the event he/she holds no permanent status in any class, may be discharged or reduced in rank at any time prior to the expiration of the probationary period upon receipt by said probationary employee of a written notice of discharge or reduction in rank from the Director of the Department, approved by the Director of the Human Resources Department. Sec. 9.5. Automatic Reduction. No employee, serving a probationary period in a position to which he/she has been promoted, shall be discharged within such probationary period but shall only be reduced to the classification in which he/she has permanent Civil Service status. Such employee shall first be given an opportunity to fill any vacant position in the subject classification and, if there is no such vacancy in that classification, he/she shall be permitted to replace, City-wide, that person with the lowest layoff score in that classification, layoff score to be computed in the manner described in Rule 12, subsection 12.1 (3) (c) hereof. Supp. 08, 07-99 -16- Sec. 9.6. Lack of Extension No probationary period shall be extended beyond the time limit set forth in this rule, except upon approval of the Board. Sec. 9.7. Possible Retention. A probationer who is dismissed from an entrance position may submit a statement in writing to the Director of the Human Resources Department in which case his/her statement and that of the Director of the Department concerned shall be reviewed. If, in the opinion of the Director of the Human Resources Department, it is in the best interest of the City to permit the individual another opportunity for employment, said individual's name shall be returned to the eligible register of the classification concerned, in its original position on the said eligible register. Sec. 9.8. utg;natic AyRointment, Condition Subsequent. When an employee is appointed from an eligible register to a permanently budgeted entrance or promotional positions of a temporary nature, to replace a permanent employee on leave of absence without pay or a permanent employee who is serving on a special project or when an employee is appointed from an eligible register to a position funded by special grants, he/she will be appointed in probationary status unless the Department Director, in writing, recommends against it, and the Director of the Human Resources Department approves the concerned Department Director's recommendation. 0 Submitted 10to thij pouiit .17, record in connection witti O 1- 579 ilea - 34) on -k-: -a i Welter Foem-nn RULE 10 EMPLOYEE ORGANIZATIONS Sec. 10.1. Ri$hts. Right of Employees to Affiliate with any Employee or Labor Organization in accordance with the June 3, 1959 Act by the Legislature of the State of Florida: Classified city employees are assured the right and freedom of association, self -organization and the right to join or to continue as members of any employee or labor organization complying with the above-mentioned act and shall have the right to present to the Board proposals relative to the Rules and Regulations or other matters which come under the jurisdiction of the Board through representatives of their own choosing. No such employee shall be discharged, or discriminated against because of his/her exercise of such right, nor shall any person or group of persons, directly or indirectly, by intimidation or coercion, compel or attempt to compel any employee to join or refrain from joining an employee or a labor organization. Sec. 10.2. Limitation. Denial of the Right to Strike: Any classified employee who participates in any strike or who asserts the right to strike, or who is a member of an organization of government employees that asserts the right to strike against the City, knowing that such organization asserts such right, is subject to dismissal or suspension from the classified service, or to demotion to a lower rank, if in a promotional position. . Is - 7M� 0 0 RULE 11 TRANSFERS Sec. 11.1. fnte!!degartmental Tr r_. Any employee in the classified service who has served the required probationary period may be transferred from a position in one department to a position of the same class in another department, upon approval of the Directors of the two Departments concerned and with the consent or the employee to be transferred, without having to serve an additional probationary period. Nothing herein shall be construed to interfere with the right of the City Manager to assign or reassign employees within a given class among the various departments as he/she deems in the best interests of the service, irrespective of consent of employee assigned. The Board may also authorize the transfer of an employee from one class to another in the same salary range when the minimum qualifications are equivalent. Notwithstanding the provisions of this rule, employees in a bargaining unit may be appointed, promoted, or advanced in accordance with provisions of the appropriate labor agreement. Sec. 11.2. Assignment to other Work. Any employee in the classified service may be assigned to work other than that described in the description of the classification of the position held for a period not exceeding thirty working days in any one calendar year without permission of the Board. No person shall be employed for more than thirty working days on duties other than those described or implied by the class specification unless said employee has been qualified therefor by examination and is appointed in accordance with these Rules; or unless said employee has received an emergency, interim or temporary promotion in accordance with these Rules; or unless said employee has been detailed under a reorganization plan in accordance with these Rules; or unless approved by the Board. Assignments of employees in the Department of Fire and the Department of Police to perform the same duties in various districts, and to assist each other, and similar changes in other departments of the location of the employment and not of the position held, but where there is no change in salary, are not to be construed as transfers but as routine details. Notwithstanding the provisions of this rule, employees in a bargaining unit may be assigned to work out of their classification in accordance with provisions of the appropriate labor agreement. Submlttod Into the public -19- �record In connoct�io�n��/wiv U j _ CJ rl 9 item n LL, on .12_JZ / RULE 12 LAYOFF, RESIGNATION AND REINSTATEMENT Sec. 12.1. Layoff Procedures. Whenever it becomes necessary to reduce the number of employees within a given classification in any department through lack of work funds or other causes or when a position is abolished, employees shall be laid off as follows: (1) Duration, emergency or temporary employees. (2) Probationary Employees. (3) Permanent Employees. (a) layoff shall first be restricted to the classification in which there is a surplus of employees within the department. The person who is found to have the lowest layoff score within the department and classification shall be entitled to fill any existing vacancy in such classification in any department of the City. Should there be no vacancy, the employee with the lowest layoff score shall be entitled to replace the employee with the lowest layoff score City- wide. That employee in turn will have the same rights starting within his/her department to replace another employee, providing that they held a permanent status in some lower subordinate classification. (b) Employees in a department, division, section, etc., whose functions are to be transferred to any other government agency shall have tate right to elect to remain with the City, provided they hold permanent status in a classification that is utilized in any other department and further provided that they have sufficient seniority in the classification held or previous classifications. Employees subject to any other government transfer shall be processed in the same manner as outline in this rule. (c) The order of layoff of permanent employees shall be detested by a layoff score computed m the following manner- A credit for seniority computed at the rate of one- tnrtth of one point (.1) shall be given to all employees in the particular classification for each full month service within his/her particular classification in which his/her effidracy rating has been reported as other bran satisfactory, provided, however, that m the case of veterans, one point (1.0) or ten months of seniority shall be added to the total layoff scare. No seniority credits for the purpose of determining the layoff score shall be granted for those months within a service rating period wherein an employee's service had been reported as nnsati-,- boty. A tie m said score shall be broken in favor of the employee with the longest service rating reported as other truer unsatisfactory. Should a tie still exist it shallbe Bedded in favor of the employee who filed the first work application with the City. The employee with the lowest layoff score shan then be laid off. The Civil Service Board or Executive Secretary may refer the employee laid off to a vacancy in a lower entrance level which has similar requmemertts. It shall not be binding on a Department Director to accept the employee referred to a like or similar classification. (d) If the said employee has progressed in continuous and aatinterrupbeci service through and holds permanent classification m each of several job classifications in the same job family, he/she shall hold job seniority in any one of the several job classifications as follows: -20- crci��ciicx • 0 (i) In the highest job classification, only seniority actually accrued in the classification shall apply. (ii) In any lower job classification, all seniority accrued in said lower classification, together with all seniority accrued in the several higher classifications, shall comprise the total seniority in the aforesaid lower job classification. No employee shall have any right or title in a job classification in which he/she was never employed and held a permanent appointment in said classification except as provided in Rule 12.7 hereof. (e) Any employee holding a permanent or probationary status, in one job classification and elevated to a higher position for the good of the service on a temporary or probationary status shall continue to accrue seniority in the former classification vacated. (f) Employees who have 'advanced' not in the same job family will maintain seniority in their previous status as of the date they advanced from that status but they will not accrue further seniority in their previous status. Sec. 12.2. Layoff Registers. The names of Police Officers who have completed at least twelve months but less than eighteen months of probationary service and the names of the persons who held permanent status in the classified service which have been abolished or have become unnecessary shall be placed on an appropriate 'Layofr register in the order of their score, the highest being first, for a period not to exceed thirty-six months during which time said persons may be certified for reemployment. Such employees shall be reemployed with seniority accrued prior to the layoff but will not accrue seniority during the period of layoff. Layoff registers shall take priority over all registers including promotional. Reemployment shall be subject to lsuch person's passing) a satisfactory physical examination by the City Physician. This rule shall be applied to all layoff registers. Sec. 12.3. Layoff of Probationar,� Employees. The names of persons who hold probationary status in the classified service, in positions which have been abolished or have become unnecessary, shall be placed on the current eligible register of their classification in the order of their earned score provided, however, the Police Officers who have completed at least twelve months but less than eighteen months of probationary service shall be eligible for reemployment in accordance with subsection 2 hereof and shall be required to serve the balance of their probation upon reemployment. Sec. 12.4. Resignations. Any employee who resigns with a satisfactory record of service may apply to his or her employing Department to be placed on a re-employment list. If the Director of the employing department endorses the request, said Director may submit the request to the Civil Service Board. If the request is approved by the Civil Service Board, the Director of Human Resources shall certify the name together with other names certified under Rule 8. Subject to the provisions of existing labor agreements, in com�utingg sick leave, Subdiitted into the public 21- record in conncctlon with 1 — 579 item 30 on 6�► ` _o f wallor f ournan C,t%l i ;I, -%ft vacation, and promotions, no credit shall be given for service rendered prior to reappointment. The Civil Service Board shall only grant previous seniority credit for the purpose of meeting the time -in -grade requirement necessary for taking a promotional examination. The granting of such previous seniority credit shall not be used for augmenting the examination score or any other scores. Any such former employee who had not completed the probationary period will be required to serve a full probationary period as provided in Rule 9. Eligibility for re-employment shall be limited to two years following approval by the Civil Service Board; provided, however, that in the case of Police and Fire jobs requiring state certification, re-employment shall be limited to two years following the effective date of resignation. (Ordinance No. 9184 and Ordinance No. 11666) EFFECT OF AMENDMENT -Prior to the first Amendment of this section, which became effective. November 9, 1980, Section 12.4 stated that any former employee who resigned from the classified service would not be eligible for reinstatement and such former employees, upon application for employment, would be processed in the same manner as any other applicant. Prior to the second Amendment of this section, which became effective July 3, 1998, Section 12.4 stated that the Civil Service Board could determine whether previous seniority should be credited if an employee is reemployed. Sec. 12.5. Declining of Positions Offered Under This Rule. Should an employee, laid off under this rule, who is eligible for immediate placement, decline to accept the opportunity, his or her name shall be placed on the appropriate 'layoff' register in the order of his or her layoff score. A refusal of the subject employee to be selected from the layoff register shall result in his or her removal from that register. He/She therefore forfeits any future rights for consideration in the subject classification. Sec. 12.6. Entrance Certification. The Director of the Department of Human Resources may at his/her discretion, certify for vacancies in entrance positions, individuals on layoff registers of like or similar classifications. Sec. 12.7. Physical Inability, Transfer Qgtions. Any employee who has been determined by the City Physician to be physically unable to continue in his/her present classification, providing that the subject employee is in accordance with the reassignment, may be transferred by the City Manager to any vacant entrance level classification if, in the Managers judgment, the employee can fulfill the duties of the new classification. An employee who has been determined by the Retirement Board to be disabled in the line -of -duty, and who cannot perform the duties of his/her regular classification, may, if he/she so elects, subject to the approval of the Director of the Human Resources Department and the City Physician, be transferred by the City Manager to any vacant entrance level position for which said employee meets the minimum requirements. -22- �I�PIcI.I�b Supp. 81,11-80, Supp. #6,07-98 0 • Bods of the above actions would be without further written examinations, or having to serve an additional probationary period Ser. 128. Accordance with Coliective B xMil ft Notwithstanding the provisions of this rule, employees in a bargaining unit may be laid off, considered to have resigned or be reinstated in accordance with provisions of the appropriate labor agreement. SubmittijU into the put)lic 0230 record in Connection with 01- 579 4wn sem_ on - N- o r Walter Foeman Oity Clem' 0 • RULE 13 SERVICE RATINGS Sec. 13.1. ReR= Required. Service ratings relative to the ability and conduct of employees in the classified service shall be made by the Department Director on forms prescribed by the Director of the Human Resources Department. Sec. 13.2. Unsatisfactory Ratings. Whenever it shall appear from the reports of efficiency that the conduct grid/or efficiency of any employee has fallen below an acceptable level, that employee shall be called before the Board to show cause why he/she should not be removed and if, upon hearing, no reason is shown satisfactory to the Board, he/she shall be removed, suspended, or reduced in grade, as the Board shall determine. Sec. 13.3. Conduct of Hearings. Whenever it becomes necessary to call before the Board any employee whose conduct and/or efficiency has fallen below an accepted level, the hearing shall be scheduled as soon as practical. Both the employee and the Department Director shall be notified, reasonably in advance, of the time and place of hearing, and shall have the right to present witnesses and give evidence in accordance with the Rules and Regulations as established by the Board. The Board, after hearing, shall make its decision which shall be final and which shall be duly recorded in the permanent records of the department and Board. The Executive Secretary shall, in writing, properly notify the employee of the Board's decision. -24- 0 • RULE 14 DISMISSALS, SUSPENSIONS, DEMOTIONS, AND RESIGNATIONS Sec. 14.1. Power of Susnension. Removal, Fine or Demotion. (a) Any officer or employee in the classified service may be removed, fined, laid off, or reduced in grade by the City Manager or by the Director of the Department in which he/she is employed, for any cause which will promote the efficiency of the service; but he/she must be furnished with a written statement of the reasons therefor within five days from the date of the removal, suspension, fine, layoff, or reduction in grade, and be allowed a reasonable time for answering such reasons in writing, which shall be made a part of the records of the Board; and he/site may be suspended from the date when such written statement of reason is furnished him/her. No trial or examination of witnesses shall be required in such case except at the discretion of the City Manager or the Department Director. Any employee in the classified service who deems that he/she has been suspended, removed, fined, reduced in grade or demoted without just cause may, within fifteen days of such action by the Department Director, request in writing a hearing before the Civil Service Board, to determine the reasonableness of the action. The Board shall, within tlurty days after appeal of the employee disciplined, proceed to hear such appeal. After hearing and considering the evidence for and against the employee, the Board shall report in writing to the City Manager its findings and recommendations. The City Manager shall then sustain, reverse, or modify the action of the Department Director. Any member of the Civil Service Board and the Director of Human Resources may administer an oath to witnesses appearing before said Board or said Director in an investigation, disciplinary or appeal proceedings, and shall have the power to issue witness subpoenas and to compel the attendance of witnesses. (b) The Civil Service Board shall also have the right to remove or reduce any official or employee in the classified service upon written charges of misconduct preferred by any citizen, but only after reasonable notice to the accused and full hearing. Sec. 14.2. Grounds for Dismissal, Suspension and Demotion. The following are declared to constitute a breach of duty and to be grounds for dismissal or suspension from the classified service or grounds for demotion, though charges may be based upon causes other than those enumerated; viz, that any employee who has been guilty of conduct unbecoming any employee of the City of Miami who: (a) Has been convicted of a felony, or of a misdemeanor or offense against the dignity of the City; or (b) Has been guilty of misuse of sick leave privilege or excessive tardiness or absenteeism without good cause; or (c) Has willfully, wantonly, or through culpable negligence, been guilty of brutality or cruelty to an inmate or prisoner of a City institution or to a person in custody; or Submittod into the public .25- record M connec ion will) item on v on U1 - 579 Walter Foern,. O!,tv cacNrK _zI (d) Has willfully violated any of the provisions of the Civil Service law or rules of the Board; or (e) Has violated any lawful and reasonable official regulation or order; or failed to obey any lawful or reasonable direction made and given by his/her superior, where such violation or failure to obey amounts to: (1) an act of insubordination; or (2) a serious breach of proper discipline; or (3) resulted, or reasonably might be expected to result, in loss or injury to the City or to the public or to the prisoners or wards of the City; or (Ordinance No. 11419) EFFECT OF AMENDMENT -Prior to the Amendment of this section, which became effective December 12, 1996, Section 14.2, subsection (e), did not provide for the separation of each provision of subsection (e) into clearly distinguished charges. (f) Has been under the influence of alcoholic beverages, on duty or off, his/her conduct while under said influence, bringing reproach upon the City of Miami; or has been under the influence of drugs, narcotics, barbiturates or central nervous system stimulants as defined in Section 893, Florida Statutes, on duty or off, his/her conduct while under said influence, bringing reproach upon the City of Miami; or (g) Has contracted a venereal disease and refuses to seek treatment therefor, or a physical ailment or defect, which incapacitates the employee for properly performing the duties of the position held; or (h) Has been guilty of actions which amount to insubordination or disgraceful conduct, whether committed on duty or off; or (i) Has been wantonly offensive in conduct or language toward the public or City officers or employees; or (j) Has solicited the vote of a member of the City Commission for or against a proposed ordinance or resolution or a proposed item in a budget, or an appropriation ordinance concerning the employee's department, where such solicitation is charged and established to have been made elsewhere than at a public hearing of the City commission or a committee thereof, unless the employee is an authorized representative and is presenting the opinion of an organization of City employees; or (k) Is incompetent, negligent, or inefficient in the performance of the duties of the position held; or -26- II1711lF:�IL Supp. 415,12-% (1) Is careless or negligent of the property of the City of Miami; or (m) Has used, or threatened, or attempted to use political influence in securing promotion, leaves of absence, transfer, change in pay, change in character of work, or revision of examination grade; or (n) Has guided or in any manner has been concerned in assessing, soliciting, or collecting money from any officer or employee in the service of the City of Miami for the purpose of making a gift to a public officer; or (o) Has been induced, has induced, or has attempted to induce an officer or employee in the service of the City of Miami to commit an unlawful act, or to act in violation of a lawful and reasonable departmental or official regulation or order, or has taken any fee, gift, or other valuable thing in the course of his/her work or in connection with it for his/her personal use from any citizen, when said contribution is made with the hope or expectation of receiving a favor or better treatment than is accorded to other citizens; or (p) Has intentionally falsified a time record or failed to report absence from duty to superiors; or if, after employment, it is found that an employee has made a false statement in the application for employment or has given false information on his/her pre-employment medical examination; or (q) Has been absent from duty without leave, or has failed to report for work after the leave of absence has expired, or after the said leave of absence has been disapproved or revoked and canceled; or (r) Is antagonistic toward superiors and fellow employees, criticizing orders, rules and policies, and whose conduct interferes with the proper cooperation of employees and impairs the efficiency of the public service; or (s) Has been refused a surety bond by the surety company then carrying the City fidelity bonds on all City employees when such bond is applied for as qualifications for employment, or has been refused continuance of coverage under such surety bonds; or (t) Has accepted or received any gift, reward, present, donation, gratuity, or other thing of value for the performance of any duty imposed upon him/her by virtue of his/her office aside for his/her official capacity. Provided, however, that this rule and regulation does not apply in cases of meritorious service rendered by a member of a classified service of the Civil Service of the City of Miami when a member of said service has been specially authorized by the City Manager in each instance to receive such reward, gift, present, donation, gratuity, or other thing of value and when a permanent record shall be kept in each such instance in the office of the City Manager; or (u) Has, without the permission of the City Manager and/or the—Chief f T1( Pool,SUDMIRle pt,brrC .27- record In connect'lon with 01— 5 7 9 item 60 ._ . on _k-_L4�J Waller Fo('fT w City Clot,, 0III11WIII Department, been found to have in his/her possession and using any recording instrument or device' to secretly record conversations without knowledge or consent of the person or persons whose conversation may be recorded; or (v) Has participated in any strike or has asserted the right to strike against the City or who is a member of an organization of government employees that asserts the right to strike against the City, knowing that such organization asserts such right; or (w) Has, in his/her official capacity, solicited or recommended attorneys to persons or employees involved in accidents, in injuries sustained by employees in the course of their employment, in property damage, or in any litigation involving the City of Miami. NOTE: Nothing contained in any of these rules shall interfere with the right and duty of the City Manager, the Department Directors, Chiefs of Police and Fire Departments, or a citizen, to file charges on any grounds which he/she considers justifiable against any employee. Sec. 14.3. Appeal to Board. When an employee in the classified service with permanent Civil Service status, who has been suspended, reduced in rank, or dismissed, appeals to the Board, the appeal must be made in writing within fifteen days from the effective date of the suspension, reduction, or dismissal, and the Board within thirtydays shall proceed to hear such appeal. The Board recognizing the disciplinary authority of the administrative head and ready at all times to improve .the relationship between employer and employee, shall make its findings in writing to the City Manager for his/her consideration, who shall enter an order affirming, reversing, or modifying the disciplinary action of the Department Director. Whenever formal charges are brought against any employee in the classified service before the Board, no individual member of the. Board shall discuss the case with the employee concerned, or his/her authorized agent, or any witness prior to the hearing. Sec. 14.4. Appeal Proceedings. The concept of administrative law under which the Board holds appeal proceedings is this: that the matter at issue is the appellant's fitness to hold employment in the classified service of the City of Miami, based upon the charges presently before them, that therefore the rules of criminal and civil proceedings shall not apply in hearings before the Board. (a) The Board shall give the written notice of the time and place of hearing the appeal to the appellant, to the City Manager, and to the Director of the Department. (b) The proceedings shall be as informal as is compatible with the essential requirements of the law. (c) The admission of evidence shall be governed by the Board's rulings, with the advice of the Board's counsel, if such be available. Strict rules of evidence, as in courts of law, shall not apply. Evidence is to be admitted at the discretion of the Board and pertinent information considered for the SK -2 purpose of substantial justice for all parties. (d) The appellant may be represented by counsel; the Director of the Department may be represented by the City Attorney or other counsel. (e) Admissible as evidence shall be written statements made by the appellants and others, transcripts of oral statements made by the appellants and others, and hearsay evidence, for whatever these may be worth. This shall not be considered a limitation as to the admission of other types of evidence, or as to the consideration by the Board of any and all pertinent information. (f) Appellants and all other classified employees of the City may be required to testify. Refusal to testify shall be grounds for dismissal. Admissions against interest may be admitted as evidence. A plea of self-incrimination by a witness shall constitute grounds for dismissal. (g) The Board shall be free to make its determination of appeilant's innocence or guilt in keeping with the public interest, based solely on the Board's reasonable interpretation of all of the pertinent information available. The Board shall not be bound by a presumption of the appellant's innocence or guilt; such presumption does not prevail in administrative law. The findings of the Board shall be based on competent substantial evidence before it. (h) In considering the appellant's fitness to hold employment in the classified service of the City of Miami, the Board shall not be bound by the strict letter of the charges as drawn. The Board may allow the charges to be amended at any time, as long as the amendment is material to the charges. In general, the Board in its findings shall be guided, not by technicalities, but by the substance of the information developed in its hearings. (i) The Board has full power to prescribe the manner of conduct of its hearings. (j) After due consideration of the evidence and other pertinent information, the Board shall render its findings to the appellant and to the City Manager. Sec. 14.5. Order of Proof. The Board shall hear the evidence upon the charges and specifications as filed with it by the Director of the Department. The order of proof shall be as follows: (a) The Director of the Department or his/her appointed representative shall present his/her evidence iri support of the charges. (b) The appellant shall then produce such evidence as he/she may wish to offer in his/her defense. The Director of the Department may offer rebuttal evidence, and the Board at its discretion may hear arguments. j0bifhli:d lido p(pilri' .29- rocord In connOodon with item 3U on 1 - q.zb t 01- 5 7 9 Waiter Foemen City Clete Sec.' 14.6. Resignation Before Appeal. The acceptance by a Department Director of the resignation of an employee suspended, reduced in rank, or dismissed, before final action on the part of the Board, shall be considered a withdrawal of the charges and the separation of the employee concerned shall be recorded as a resignation, and the proceedings shall be dismissed without judgment. A copy of the dismissal charge shall remain in the personnel file of the employee and a notation shall be made on the copy of the dismissal charge to the effect that charges were withdrawn pursuant to subsection 6 of Rule 14 hereof. Sec. 14.7. Failure of Parties to Appear. If the employee notified shall fail to appear at the time fixed for the hearing, the Board shall hear the evidence and render judgment thereon. if the Department Director shall fail to appear, and if no evidence be offered in support of the charges made, the Board may render judgment as by default or may hear evidence offered by the removed employee and render judgment thereon, and the Board shall forthwith notify the City Manager, the Department Director and the removed employee of its decision. Sec. 14.8. Disqualification for Real2pointment. Any employee who is dismissed for misconduct or delinquency, or who resigns while not in good standing, shall be disqualified from taking any examination for at least two years thereafter, unless in the judgment of the Board the said charges wilt not affect the employee's usefulness in some other occupation. Sec. 14.9. Physiocapacitation. The City Manager shall provide periodic, uniforni medical examinations for all employees in the classified service for the purpose of determining the employee's physical ability to perform his/her duties of the position held. The frequency of examination for various age groups and classifications shall be determined by the City Manager. The City Physician shall conduct and pass upon all medical examinations required under the provisions of this rule and shall report in writing his/her findings, conclusions, and recommendations to the Director of the Department in which the employee is hired, with copies to the employee, the City Manager and Civil Service Board. The City Physician's report shall indicate whether or not the employee is capable of performing his/her duties of the position held. Any employee holding permanent status in the classified service who deems that he/she has been retired or removed from the payroll without just cause may, within fifteen days of such action by the Department Director, request in writing a hearing before the Civil Service Board to determine the reasonableness of the action. If in considering testimony during such hearing, the Board deems it necessary or advisable to seek additional professional opinion as to the continued employability of the employee, the Board may require said employee to submit to a medical examination by another qualified physician or physicians. Such examination shall be made without benefit of the City Physicians findings, and the report thereof shall include the opinion of the physician or physicians -30- �II�xr.�re • 0 conducting the reexamination as to the employee's future employability, based upon the findings of the examination. All examinations shall be without cost to the employee. The Board shall then, in consideration of all testimony offered, render its recommendation to the City Manager who, after consideration, shall enter an order affirming, reversing, or modifying the recommendation of the Board. Should it be determined that the employee is unable to continue in the performance of his/her duties, the Director of the Department in which the employee is employed shall dismiss the said employee. Employees so dismissed, because of physical incapacitation, and who are not under the retirement system or plan, shall be granted as severance pay an amount equal to 120 work hours if their employment has been for ten years or less or 240 work hours if their employment has been in excess of ten years. (The above services are not required to be continuous). When an employee, because of a non -service connected disability, becomes physically incapacitated for the performance of the duties of a particular classification, the City Manager, with the consent of the Board, may transfer said employee to a vacant position in the same or lower classification within the employee's capabilities, provided, however, that the City Physician shall certify to the Civil Service Board the employee's physical ability to perform in the new position. Sec. 14.10. Reduction in Payor Position. Hearings on appeal from employees, reduced in pay or position, laid off, or suspended by the Department Director, shall be conducted generally in the same manner as hearings on appeal from orders of discharge. Sec. 14.11. Resignation. Any employee in the classified service who desires to resign shall do so in writing to the Director of the Department in which he/she is employed. The Department Director shall thereupon report such resignation to the Civil Service Board. An employee who resigns relinquishes all rights recognized under Civil Service status. Sec. 14.12. Dismissal. (a) Should any officer or employee in the classified service of the City of Miami appear before a Grand Jury or Juries and refuse to sign an immunity waiver in advance of testimony before such Grand Jury or Juries and/or refuse to testify fully on all matters concerning the property, government, or affairs of the City, that such conduct shall constitute a breach of duty and that said employee shall be dismissed from the classified service of the City of Miami. (b) Failure of a City employee to maintain duly established standards of physical fitness shall be grounds for dismissal. (c) No City employee shall be excused on plea of 'self-incrimination' or for Submitted into thu public record in connection with item 'v — on It --14 i 5'7 9 rht-,Iter i=oeinan 11111X03[- any other reason, f om giving infonimation which my beer on his/her own figs to hold a job; he/she shall be disudesed for refining to give such r infortnation ;�. � with Collective Bargaining Ate. Notwithstanding the _ '` tvidana of this rule, employees in a bargaining unit may be laid off, to have resigned or be reinstated in accordance with provisions of the e11*q zlate labor agreement. � t V ki 4': s 4-„sf _ • ,t .gyps ,n y' f � V3+�` 'e kw�i � ,[�i)•.. .,v}:` r�`t ,, `N � i _ i» r4 4 L# l C t �` 7 4 ga "IMP M'� • RULE 15 0 HOURS OF WORK, ATTENDANCE AND LEAVE Sec. 15.1. Hours of Work. The City Manager shall prescribe by regulation the actual hours of employment for any or all employees in the City service whenever such action, in his/her opinion, is in the best interests of the City service. Sec. 15.2. Vacation With Pay. (a) Employees are allowed vacation with pay after completion of six months of actual continuous service. (b) Calculated on actual service in the previous calendar year, the vacation with pay schedule is as follows: (1) When working five days per week, the vacation is ten working days per annum. (2) When working five and one-half days per week, the vacation is fourteen working days per annum. (3) When working six days per week, the vacation is eighteen working days per annum. (4) When working seven days per week, which time includes Sundays or holidays, or both, vacation is twenty-one days per annum. (5) Fire Fighters, when working a 49.8 hour week, vacation is 10 hours per month. (Where employees have not qualified by a full year employment for the entire annual vacation, vacation time earned shall be on the basis of 10/12 days for each month worked on a 5 -day per week schedule; 11 / 12 days on a 51/z day per week schedule;18/12 days on a 6 -day per week schedule; 21/12 days on a 7 -day per week schedule and 10 hours per month for Fire Fighters working a 49.8 hour week). (c) Extra vacation for Years of Service: Extra vacation days for years of service shall be allowed upon the completion of the required years of actual continuous service as shown below: (1) Permanent employees after completion of six years of service shall be allowed one extra working day of vacation annually and Fire Fighters on a 49.8 hour week shall be allowed 10 hours. (2) After completion of seven years, two working days of vacation or 20 hours for Fire Fighters. Submitted into the pubilC .33- rccurd in connection with n 3v on -1 - a► 1— 579 �,,Alilt Foaman • • (3) After completion of eight years, three working days of vacation or 30 hours for Fire Fighters.- (4) ighters:(4) After completion of nine years, four working days of vacation or 40 hours for Fire Fighters. (5) After completion of ten years, five working days of vacation or 50 hours for Fire Fighters. (6) Each year thereafter employees will be allowed one-half working days of vacation, or 5 hours for Fire Fighters. (a) Classified Employees who have been designated as Managerial and/or Confidential by the Public Employees Relations Commission will also be allowed vacation with pay after completion of six months of actual continuous service. W Calculated on actual service in the previous calendar year, the vacation with pay schedule is as follows: �wlly a&wLla4 F1 - a _: M•� G• l: . 1 88 2 96 3 96 4 104 5 112 6 120 7 128 - 136 Each you dureafter, Support Staff employees will be granted an additional 4 hours of vacation time. No additional vacation time will be granted to Support Staff employees after 31 year: of service. .36- 1���l�llt PROFESSIONAL YEARS OF SERVICE VACATION HOURS 1 2 112 3 120 4 128 5 136 Each year thereafter, but ending with the 13th year of service, Professional employees will be granted an additional 8 hours of vacation. After the 17th year of service and the 22nd year of service, Professional employees will be granted 24 additional hours of vacation time respectively. After the 27th year of service an additional 8 hours of vacation will be granted. No additional vacation time will be granted to Professional employees after 28 years of service. (Ordinance No. 11933) EFFECT OF AMENDMENT -Prior to the Amendment of this section, which became effective June 8, 2000, Managerial and/or Confidential employees accrued extra vacation for years of service in accordance with subsection 15.2 W Hereof. (a) If the only break in an employee's service has been a layoff, the extra vacation time shall cover the period worked during the years of service. If a person enters the employ of. the City prior to the 15th of the month, it shall be considered as a full month of service. (b) if the only break in an employee's service occurred due to an employee being required to resign in order to accept employment in the Police or Fire Department, as reflected by the employee's personnel file, then both periods of service shall be counted in computing vacation time. (c) Schedule of Vacations with Pay: Vacation with pay shall be taken at the convenience of the Department Director. It is generally intended that vacations will be taken within the calendar year in which they are due. Employees may, however, accumulate a total of not more than 10 days of vacation or six tours of duty, to be carried over for future use. Vacation carryovers in excess of ten days or six tours of duty must have the prior approval of the Department Director, the City Manager, and the Executive Secretary. Sec. 15.3. Sick Leave With Pay. Care and discretion shall be exercised by the Department Directors to prevent the abuse of these liberal sick leave privileges. Absences on account of trivial indispositions must be discouraged. Sickness, disease, or physical disability, the result of intemperate habits or immoral conduct, cannot be paid for. To determine the extent of an employee's absence on sick leave, the supervisor shall visit the home of the employee. In cases where the supervisor Submitted Into the publicSupp. #10, 6-00 .35- record In connection with item 5 o on _-&- I qr 01- 51 ,. Walter Foeman, 4 0 suspects that an employee is malingering, sick leave with pay shall not be granted. The provisions of the herein subsections conceming sick leave accrual, compensation for unused sick leave, and the conversion of sick leave to vacation time for employees in the Sanitation Employees Association Bargaining Unit shall be in accordance with the provisions of the current Labor Agreement. (a) Amount of Sick Leave: Employees may be allowed to accrue twelve working days of sick leave with pay per calendar year. Firefighters may be allowed to accrue 10 hours of sick leave per month. Sick leave time covers working days only. (b) New employees are allowed sick Ieave with pay on the basis of one day for each full month's service during the first twelve months of employment, but none may be used until the employee has successfully completed three months of service. After one year of service, said employees are considered for sick leave on the basis outlined in subsection 15.3. (a) hereof. (c) Employees appointed to full-time positions in temporary status are eligible for sick leave, accruing from the date of their full-time temporary appointment. (d) Employees who have been laid off and then recalled to service shall be given regular sick leave less one day for each full month they were laid off. (e) Employees returning from military service will receive one day sick leave for each month of City service anticipated in the calendar year of their return. Their accumulated sick leave will be determined on the basis of their annual City service, omitting military service. (f) Sick leave with pay is automatically cumulative from year to year. Sick leave with pay in excess of twelve days in any one calendar year shall be reported on attendance record as per instructions from the Paymaster. (g) The Department Director should not grant sick leave for any employee for time that would exceed the earned sick leave allowance mentioned below: (1) Any employee should be allowed twelve days a year sick leave with a maximum accumulation of sixty days. Any balance of accumulated leave at the end of the current year shall be brought forward to the employee's credit for the next year. The employee shall first use up the regular sick leave allowance for the next year. Then the employee may be allowed the credit for the accumulated sick leave from the year before. (2) When an employee has used up the accumulated sick leave allowed him/her and he/she is still unable to resume his/her duties, the excess time absent will automatically be charged to the vacation leave due him/her rather than drop him/her from the payroll. In the event, however, that an employee is unable to return to work, SOM 0 and has exhausted both sick leave and vacation due him/her, his/her request for advance leave must be approved by the Board and the City Manager. (h) An employee may be granted leave of absence with pay for illness of any actual member of the employee's household under the following conditions: (1) Employee must have sick leave to his/her credit. (2) No more than four days will be granted in any calendar year. (3) Time absent will be charged against his/her sick leave credits. (i) In order to receive compensation while absent on sick leave, the employee must take steps to notify the immediate supervisor of the illness within thirty minutes after time set for the beginning of the daily duties, except in Mice lice Department, wherein departmental rules will apply. (1) Absentees of more than three days or two tours of duty in the Fire Department are to complete absence reports and check with the City Physician for approval before returning to work. (2) Absentees of ten days or more are to complete absence forms, including signature of physician treating them, and check with the City Physician for approval before returning to work. (3) Any injury, surgery, or illness of serious nature, causing any absence, shall be checked by the City Physician for approval before employee returns to work. (j) All unused sick leave to the credit of an employee who is being retired on service retirement shall be compensated for at time of retirement by payment for each day of such unused sick leave to a maximum of 120 days. (k) Employees with ten or more years service who terminated employment with the City of Miami under honorable conditions shall receive cash payment equal to one-fourth of their unused accumulated sick leave as defined in these Rules and Regulations, unless the Department Director in writing recommends against it, and the Civil Service Board approves the Department Director's recommendation. (1) Employees with fifteen or more years service who terminate employment with the City of Miami under honorable conditions shall receive cash payment equal to one-half of their unused accumulated sick leave as defined in these Rules and Regulations, unless the Department Director in writing recommends against it, and the Civil Service Board approves the Department Director's recommendation. (m) After the accumulation of sixty days sick leave, further accun}ulat' shIg be Sub'I a nto a public -37- record In cor,MOOn wlth r r item 30 on .SIL -R lr 01- 5% 9 INalte� 1=oeni IIIiIICI.`ill credited to an employee's vacation leave at a rate of one day of vacation for every two days of sick leave earned in accordance with the provisions of subsection 15.3. (a) hereof. The balance of the unused sick leave shall be credited to the employee's sick leave bank to an unlimited maximum accumulation. Classified Employees who have been designated as Managerial and/or Confidential by the Public Employees Relations Commission will be provided sick leave accrual, compensation for unused sick leave and the use of sick leave with the American Federation of State, County and Municipal Fmployees. Sec. 15.4. Civil Leave. Upon approval of his/her Department Director and the City Manager, any employee holding a position in the classified service shall be granted a leave of absence with pay for: (a) Service upon any jury other than those for which an employee has voluntarily registered for jury duty. (b) Appearance before a court, legislative committee, or other judicial or quasi- judicial body as a witness in an action involving the federal Government, the Sate of Florida, a political subdivision thereof, or the City of Miami, in response to a subpoena or other direction by proper authority. (c) Attendance in court in connection with an Employee's Official Duh'. Such attendance shall include the time required in going to the court and returning to the employee's place of duty. Any absence, however, whether voluntary or in response to a legal order to appear and testify in private litigation, not as an officer or employee of the City but as an individual, shall be taken as annual leave, an leave of absence without pay, or as a deduction from authorized accumulated overtime. Sec. 15.5 Personal Leave. (a) National Holidays. The following and any other days designated by the City Commission or under its authority are holidays: New Year's Day, Washington's Birthday, Memorial Day, Independence Day, Labor Day, Columbus Day, Armistice Day, Thanksgiving Day, and Christmas Day. Compensatory time off shall be allowed for work done on these days. When a holiday falls on the regularly assigned day off for an employee, such employee shall be compensated by another day off. In order to be eligible for holiday pay, the employee must be in 'with pay' status on the working day preceding and the working day following the subject holiday. (b) Religious Holidays. There is no official observance of religious holidays, except such as may also be National holidays. It is the policy of the City to permit absence from work to those employees who desire to spend certain holidays in religious devotion. Whenever circumstances permit, work schedules should be arranged so as to provide substituted work time (compensatory time). Where no such arrangements can be made, the absence will be charged against vacation leave to the employee's credit. If the employee has no vacation to his/her credit, -38- 0 • his/her absence will be charged as leave without pay with no prejudice to his/her standing. (c) Conventions or Conferences. Attendance at a convention or at meetings of like character, for the purpose of professional improvement pertaining to the individual's particular area of operation as a public employee, shall not be considered as leave from duty but shall be noted on the payroll as 'Professional Improvement' leave, and said absence must be authorized by the City Manager. (d) Employees participating in promotional examinations, or open competitive City Civil Service examinations for their present jobs prior to the establishment of a register will be granted time off without charge against leave for the time necessary to complete the examination. Employees participating in examinations for classification for which the pay range is the same or less than their present classification will not be granted leave with pay in accordance with this subsection. (e) Blood Donors. Employees who volunteer as blood donors to contribute to the John Elliot Blood Bank " will be authorized the absence necessary to accomplish this purpose. Particular care will be taken to see the employees take sufficient time from their duties to recuperate. Except in unusual circumstances, a maximum of 4 hours authorized absence should be allowed. (1) Medical Examination. Emplovees will be excused for the purpose of taking a Medical Examination to deternune the physical fitness for employment in the service of the City. This shall apply to both entrance and promotion examinations at the discretion of the Board. (g) Death in Family. Any employee, may in case of death in the immediate family, be authorized d maximum of four days leave with pay. 'Me immediate family is defined as father, mother, sister, brother, husband, wife, child, father-in-law, and mother-in-law, step -father and/or step -mother, if they have raised the employee from infancy, regardless of place of residence, and may include any other person who is an actual member of the employee's household. 'Fhe circumstances of the employee's personal leave shall be endorsed by the Department Director and submitted by letter, to the Board. (h) Terminal Leave with Pay. Any employee, upon retirement from City service, or separating under honorable conditions who has served for a period of twenty-five years or more, shall be granted, at the time of his/her service retirement or Honorable separation, an additional month's pay, in addition to his/her regularly -earned pay, vacation pay and other legal benefits. Sec. 15.6. Leave of Absence Without Pay. The Director of a Department, with the approval of the City Manager, may grant leaves of absence without pay for the following causes, and not otherwise; viz, that the employee: V or its successor Submitted Into tho public. - 39 -_ 5 t� record Inconnocilon with item 7 oon �L�— Walter Foeman City Clark (a) Has a temporary physical disability, provided, however, that no such leave shall be initially given for A period to exceed ninety days. The period of leave may be extended with the approval of the City Manager. (b) Requests for leave of absence for the purpose of entering upon a course of training or study or to engage in an investigation calculated to improve the quality of the employee's service, but no leave shall be granted for a period to exceed six months, with the right to extend for another six months, if approved by the City Manager and the Department Director. (c) Has a good reason other than mentioned above, which shall be sufficient to warrant granting said leave, provided, however, that said leave shall not exceed ninety days, and provided further, that the said employee shall understand the acceptance of another position or engaging in other employment while on said leave shall be deemed a resignation from the service of the City of Miami. Any vacancy from said cause shall be filled by a temporary employee for the duration of not more than ninety days. Leave of absence during the required probationary period of service of an employee shall extend the said probationary period the length of time used during the said leave of absence. (d) In no case shall leave of absence be given within ninety days of the employee's appointment, neither shall leave of absence be granted within six months after the return of the employee from a leave of fifteen days or more, except in the case of physical disability. At the expiration of a leave of absence, the employee shall be returned to the position vacated when said leave of absence was granted.. (e) Whenever leave of absence without pay is granted, it shall be promptly reported in writing to the Board. Sec. 15.7. Permanent Employees. (a) Whenever an employee in permanent status shall enter into the military Service of the United States Government and, upon application to the Civil Service Board, he/she shall be given a leave of absence without pay from the service of the City of Miami during the period of such military service not to exceed four years, unless such service shall be extended by law, no loss of Civil Service rights shall operate against him/her as a result thereof, and he/she shall be given credit for the time spent in the Armed Forces of the United States in actual service rendered in the employ of the City of Miami, as though said employment had not been interrupted by the military leave of absence, with the exception that military service time will not be counted toward tune -in -grade needed for eligibility for promotional examinations provided such employee shall offer himself/herself for reemployment with the City within ninety days after discharge from such military service, unless such time shall be extended for reasons of health or physical unfitness after application to and approval of the Civil Service Board; and provided further, however, that the benefits extended under the provisions of this Rule shall not include any employee who has received a dishonorable discharge from the service. In instances in which the discharge from the military service shall be other than honorable or -40- I • 0 dishonorable, the reasons for such discharge shall be subject to review by the Board, and it is hereby vested with the power to consent to, or to refuse reemployment to any employee receiving such discharge. (b) Probationary Employees. The provisions concerning permanent employees shall also apply to probationary employees, provided, however, that said service credit shall not accrue to the veteran who was in probationary status at the time of entrance into the military service of the United States Government, until said veteran shall have satisfactorily completed his/her probationary period after return as an employee of the City of Miami. Sec. 15.8. PeAc� Corns. Whenever any employee with permanent status shall enter into the Peace Corps of the United States Government, upon application to the Civil Service Board, he/she shall he given a leave of absence, without pay, from the service of the City of Miami, not to exceed two years, unless the Civil Service Board extends the time. Employees granted such leave shall be given credit for the time in the service of the Peace Corps as actual service rendered in the employ of the City of Miami, and providing further that said employee shall offer himself or herself for reemployment with the City of Miami within ninety days after discharge from such Peace Corps service, unless such time shall be extended for reasons of health or physical unfitness after application to and approval of the Civil Service Board. Sec. 15.9. Military Training Leave. (a) All employees of the City of Miami who are either Reserve Officers or Enlisted Personnel in the Florida Defense Force, the National Guard, Naval Militia, Marine Corps, Unorganized Militia, U.S. Army Reserve, U.S. Naval, U.S. Marine Corps Reserve, U.S. Coast Guard Reserve, U.S. Air Force Reserve, or Officers or Enlisted Personnel in any other class of the Militia, shall be entitled to leave of absence from their respective duties without loss of pay, time, efficiency rating, or Civil Service Seniority Credits on all days during which they shall be engaged in field or Coast Guard defense exercises or other training ordered under the provisions of the U.S. Military or lyaval Training Regulatipns or under the provisions of the Florida Defense Force or the National Guard; provided that leaves of absence granted as a matter of legal right under the provisions of this subsection shall not exceed seventeen consecutive days in any one calendar year. (b) Requests for military leave shall be made as early as possible but at least two weeks prior to the date such leave is desired. (c) Employees who take the military leave provided in subsection 15.9. hereof shall be credited with that time on their seniority status, in the City of Miami Civil Service records. Sec. 15.10. Failure to Return from Leave. Any employee who fails to report for duty at the expiration of a leave of absence, without the consent of the Director of the Department, shall automatically be removed from the rolls. Personnel records will indicate 'Separation - Failure to Return from Leave'. Submitted Into the public -41- record In connection with 01— 579 item ;5P on Ail -S-1 W l nr Fonnian �I�ItIeI3tL t7-777,77 • i� 11. (a) All branches of the service are required to maintain a permanent record of every absence from duty of employees. (b) The payroll clerk, or other responsible employee, shall be charged with maintaining accurate attendance records, on which tardiness of the employee shall also be noted. Said record shall be open to inspection by the representative of the Board. Absences, irregular attendance of any kind, and tardiness, shall be taken into consideration when making the efficiency or service rating of employees, and when said conditions are persistently indulged in, they shall justify disciplinary action against the employee. It shall be the duty of supervisors to report promptly to the Board all absences from duty without pay and cause of same. Failure to make said report shall be cause for disciplinary action against the supervisor by the City Manager, the Department Director and/or the Board. (c) All absences of one-half day or more shall be reported to the Department of Finance on the attendance records on forms provided for the purpose. Time off allowed for overtime worked by an employee at the request of the Department Director shall not be regarded as absence from duty and shall be noted on the attendance record as earned time off. Overtime must be kept to the minimum. When overtime becomes necessary, unless paid for in cash, it may be repaid in the form of time off, to be taken as soon as practical. Sec. 15.12. Accordance with Collective Bargaining Agreement. Not withstanding the provisions of this rule, employees in a bargaining unit may be compensated for unused sick leave converted to vacation time and be given time off with pay in accordance with provisions of the appropriate labor agreement. .42- 01414W190- RULE 16 GRIEVANCES AND ABUSES Sec. 16.1. Investigation by the Board. Whenever the Board has reason to believe that these Rules and Regulations have been violated by the abuse of power in recommending or making an appointment to any position, or in a layoff, demotion, suspension, or removal without justification, or in any other manner, it shall be the duty of the Board to investigate. If, in making this investigation, the Board shall find that said violations were contrary to the intent and spirit of these Rules and Regulations, it shall make a report thereof to the Director of the Department involved and to the City Manager. Sec. 16.2. Complaint by EmRIMee. Any employee who is aggrieved by reason of what he/she considers a violation of Civil Service rules to his/her detriment, or who has a grievance concerning his/her employment under the Rules, and who desires redress, shall notify the Executive Secretary in writing, stating the nature of his/her grievance and requesting a hearing by the Board. (a) Upon receipt of such notice, the Executive Secretary shall promptly inform the Board, and the Board shall schedule the matter for a hearing within thirty days of the date of receipt of the notice by the Executive Secretary, who shall notify the employee of the time, date, and place of hearing. (b) If the Board so desires, it may make a preliminary investigation of the matter before the hearing. (c) The employee shall appear before the Board at the scheduled time and place, and shall present pertinent information to the Board concerning his/her grievance. (d) The Board shall consider the matter, and promptly present its findings and recommendations to the City Manager for his/her consideration of a proper remedy, if a remedy is necessary. submitted Into the public .43- record In connection with IMM 30 on Waiter Foeman Oihl n�n�■ fT _ 0 • RULE 17 PROHIBITED PRACTICES Sec. 17.1. Practices. Penalties. Except as required by statute or by a court of competent jurisdiction, no person in the classified service or seeking admission thereto shall be favored or discriminated against in any way because of his/her race, color, national origin, marital status or political or religious opinions or affiliations, nor because of age or sex, or physical or mental handicap as prohibited by statute. No person shall willfully or corruptly make or cause to be made any false statement, certificate, mark, rating or report in regard to any test, certification, promotion, demotion, removal or appointment held or made under the provision of these rules or in any manner commit or attempt to commit any fraud preventing the impartial execution of the provisions of these Rules and Regulations. No person shall either directly or indirectly solicit, pay, render, receive, or give any money, service or other valuable thing to any person for, or on account of, or in connection with any test, appointment, promotion, demotion, layoff, or dismissal. Any person who violates the provisions of this rule, besides the legal penalties provided, shall be ineligible for appointment or employment in a classified position for such period as may be determined by the Board, and any classified employee of the City found guilty of violating this rule by the Board may be dismissed, suspended or demoted as the Board may determine. (Ordinance No. 10051) EFFECT OF AMENDMENT -Prior to the Amendment of this section, which became effective October 24, 1985, Section 17.1 did not include provisions protecting the physical or mentally handicapped Supp. #Z 1045 Dim]MW 'i �x5@ t - 3 Tial' s ��aq:���x a "NN I .' '� i �' ,z.r ter` r •f ss � Cn�+.i�t o r c IRS Stomittoo Into me pubes rmrd in mmoction with Item ._ on 4-14-g i Walter Fcxmw CRY Ol19rk RULE 19 REGULATIONS Sec. 19.1. Repealer. Any act or resolution of the Board that may subsequently be found to be not in accordance with these Rules and Regulations shall, immediately upon discovery of such nonconformity, be declared null and void and of no effect. The Board shall have the power to correct by proper resolution any error of whatever nature, immediately upon the discovery of same. All previous ordinances and rules for admission to the classified service of the City of Miami, tenure of employment and promotion therein, and to any branch thereof, and for appointment of examiners thereunder, are hereby annulled and repealed. Sec. 19.2. Procedure. In all questions coming before the Board, a majority vote shall control. Three members shall constitute a quorum. Sec. 19.3. Transition. All persons in the employ of the City holding positions in the classified service at the time of adoption and approval of these rules shall, unless their position be abolished, retain same until. discharged, reduced, promoted, laid off, or transferred, in accordance herewith. (This is not to be interpreted to mean those employees who have been put to work in contradiction to these Rules and Regulations). Sec. 19.4. Severability. if any rule or parts of rules should be declared unconstitutional or of no force in any Court, the same shall not affect the remaining rules, which shall be in full force and effect. -46- • 0 ...-k.,.4teci into the public. rocord In connection with -1- 01_ 579 +tem 3p on Moi WnIter Fooman :ZiI1RI:BI PAGE Advancements (See Appointments, Promotions, and Advancements) Announcements.............................................................................................................................. 8 Applicationfor Examinations....................................................................................................... 8 Announcements.................................................................................................................. 8 ApplicationForms.............................................................................................................. 8 Disqualification................................................................................................................... 8 Residence.............................................................................................................................. 8 Appointments, Promotions and Advancements.............:..........................................................12 Accordance with Collective Bargaining Agreement.....................................................15 Appointment........................................................................................................................13 Certification ForPolice Officers...................................................................................................12. From Labor Registers.............................................................................................13 From Layoff Registers............................................................................................21. From Noncompetitive Registers...........................................................................12 From Open Competitive Registers.......................................................................12 From Promotional Competitive Registers...........................................................12. Change in Status to Unclassified Service.........................................................................14. FirePromotions...................................................................................................................15 FromEligible Register........................................................................................................12 Method of (qualifying Incumbents of Classified Positions Allocated to New or Higher Levels........................................................................................13 Noticein Writing.................................................................................................................14. Promotion Upon Retirement.............................................................................................15 Request for Certification (Requisition)............................................................................12 Reorganization...................................................................................................................14 Temporary Appointment in Absence of Eligible Register............................................13 TemporaryPromotions......................................................................................................13 By-passing on Eligible Register.....................................................................................................12 Certificationof Eligibles.................................................................................................................12 Changeof Rules...............................................................................................................................45 Procedure............................................................................................................................45 Changeof Status to Unclassified Service.....................................................................................14 Definitionof Terms...........................................................................................................................1 Advancement.........................................................................................................................3 AgeLimit...............................................................................................................................3 Board.......................................................................................................................................3 Changein Classification.......................................................................................................3 CivilService...........................................................................................................................1 ...-k.,.4teci into the public. rocord In connection with -1- 01_ 579 +tem 3p on Moi WnIter Fooman :ZiI1RI:BI • PAGE ClassifiedService..................................................................................................................2 CompetitiveClass.................................................................................................................2 Demotion................................................................................................................................3 EligibleRegister.....................................................................................................................2 LaborClass.............................................................................................................................2 NewPosition..........................................................................................................................2 NoncompetitiveClass..........................................................................................................2 PermanentEmployee...........................................................................................................2 (See Also Page 44) Position.................................................................................................................................. 3 ProbationaryEmployee......................................................................................................2 Promotion..............................................................................................................................2 Return to Former Classification..........................................................................................3 TemporaryEmployee...........................................................................................................2 Demotions (See Dismissal, Suspensions, Demotions and Resignations) DepartmentRules.............................................................................................................................4 Disability..........................................................................................................................................22 Discipline (See Dismissal, Suspensions, Demotions and Resignations) Dismissal, Suspensions, Demotions and Resignations..............................................................25 Accordance with Collective Bargaining Agreement.....................................................32 Appealto Board..................................................................................................................28 AppealProceedings............................................................................................................28 Dismissal..............................................................................................................................31 Disqualificationfor Reappointment.................................................................................30 Failureof Parties to Appear..............................................................................................30 Grounds for Dismissal, Suspension and Demotion......................................................25 Orderof Proof......................................................................................................................29 PhysicalIncapacitation.......................................................................................................30 Power of Suspension, Removal, Fine or Demotion.......................................................25 Reductionin Pay or Position.............................................................................................31 Resignation..........................................................................................................................31 BeforeAppeal..........................................................................................................29 Reinstatement..........................................................................................................21 Disqualificationof Applicants....................................................................................................... 8 EligibleRegisters.............................................................................................................................11 Availabilityof Eligibles......................................................................................................11 Certificationof Eligibles.....................................................................................................11 111616 PAGE Durationof Registers..........................................................................................................11 LayoffRegisters...................................................................................................................21 Orderof Names on Registers............................................................................................11. Promotion and Open Registers.........................................................................................11. Removalfrom Registers.....................................................................................................11 EmployeeOrganizations................................................................................................................18 Limitation.............................................................................................................................18 Rights....................................................................................................................................18 Examinations................................................................................................ ............. 9 Contentsof Examination.................................................................................................... 9 Methodof Rating................................................................................................................ 9 OpenExaminations...............................................,......................................................................... 9 Promotional Examinations................................................................................................ 9 Rating of Examination Results.......................................................................................... 9 Seniority..............................................................................................................................10 VeteransPreference............................................................................................................ 9 Grievancesand Abuses..................................................................................................................43 Complaintby Employee....................................................................................................43 Investigationby the Board.................................................................................................43 Hours -of Work, Attendance and Leave.......................................................................................33 Accordance with Collective Bargaining Agreement.....................................................42 CivilLeave................................................................................................ ...........................38 Failure to Return from Leave............................................................................................41 Hoursof Work.....................................................................................................................33 Leaveof Absence Without Pay.........................................................................................39 MilitaryTraining Leave.....................................................................................................41 PeaceCorps..........................................................................................................................41 PermanentEmployee.........................................................................................................40 PersonalLeave.....................................................................................................................38 Recordsof Absence From Duty........................................................................................42 SickLeave with Pay............................................................................................................35 Vacationwith Pay...............................................................................................................33 Layoff, Resignation and Reinstatement.......................................................................................20 Accordance with Collective Bargaining Agreement.....................................................23 Decliningof Positions Offered..........................................................................................22 EntranceCertification.........................................................................................................22 LayoffProcedures...............................................................................................................20 OfProbationary Employees..................................................................................21 Registers...................................................................................................................21 into the public, record in connoc'rlon with 79 ltom 30 _ on'7z- 01 WIIter Foeman PAGE PhysicalInability, Transfer Options.............................................................................................22 Resignations.........................................................................................................................21 OfficialRecords.................................................................................................................................6 BoardMinutes......................................................................................................................6 PersonnelRecords.................................................................................................................6 Organization and Duties (Of Board)..............................................................................................4 AppearancesBefore the Board............................................................................................5 DepartmentRules.................................................................................................................4 Duties Ofthe Chief Examiner..............................................................................................4 Ofthe Executive Secretary.......................................................................................4 OfficialSignatures.................................................................................................................4 OrganizationalMeeting.......................................................................................................4 PublicBoard meetings..........................................................................................................5 PayrollCertification..........................................................................................................................5 Performance Ratings (See Service Ratings) PersonnelRecords............................................................................................................................6 PhysicalDisability ...............................................................................................................22 Policy Functions of the Board Recommendatory General........................................................................................................................7 Specific........................................................................................................................7 Probation..........................................................................................................................................16 Automatic appointment, Condition Subsequent...........................................................17 Reduction.................................................................................................................16 Return.......................................................................................................................16 Definition..............................................................................................................................16 Lackof Extension................................................................................................................17 Lengthof Probation............................................................................................................16 PossibleRetention...............................................................................................................17 ProhibitedPractices........................................................................................................................44 Practices, Penalties..............................................................................................................44 Promotions (See Appointments, Promotions and Advancements) (See Also Definition of Terms) Regulations......................................................................................................................................46 Procedure.............................................................................................................................46 Repealer................................................................................................................................46 SHIMPO N • 0 FZW Severability....................................................................................................................................46 Transition.............................................................................................................................46 Reinstatement (See Layoff, Resignations and Reinstatement) Rejectionof Applicants.................................................................................................................. 8 Removalfrom EIigible Register........................................................................................11 Residence.......................................................................................................................................... 8 Resignations (See Dismissals, Suspensions, Demotions and Resignations) (See also layoff, Resignations and Reinstatement) Seniority............................................................................................................................................10 ForExaminations................................................................................................................10 ForLayoffs...........................................................................................................................20 ServiceRatings................................................................................................................................24 Conductof Hearings..........................................................................................................24 ReportsRequired................................................................................................................24 UnsatisfactoryRatings.......................................................................................................24 Suspensions (See Dismissals, Suspensions, Demotions and Resignations) Temporary Personnel Actions Appointments......................................................................................................................13 Promotions...........................................................................................................................13 DetailsDuring Reorganization.........................................................................................14 Transfers Assignmentto Other Work...............................................................................................19 Interdepartmental Transfer...............................................................................................19 PhysicalInability.................................................................................................................22 VeteransPreference........................................................................................................................ 9 Submitted into the public record in connection with 0 1 — 5"J nem .Z.D on -11'J4 . 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