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HomeMy WebLinkAboutO-09184ORDINANCE NO. r 9184 AN ORDINANCE AMENDING SUBSECTION (b), ENTITLED "SUBSEQUENT RENEWAL OF EMPLOYMENT", OF SECTION 40-94, ENTITLED "RESIGNATION", OF THE CODE OF THE CITY OF MIAMI, FLORIDA, EFFECTIVE SEPTEM- BER 11 1980, BY REPEALING SAID SUBSECTION AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), PROVIDING THAT FORMER EMPLOYEES WHO HAVE RE- SIGNED FROM THE CLASSIFIED SERVICE MAY BE RE- INSTATED; FURTHER PROVIDING THAT EMPLOYEES MAY BE CREDITED PREVIOUS SENIORITY, IF RE-EMPLOYED, SUBJECT TO THE PROVISIONS OF EXISTING LABOR AGREEMENTS; FURTHER PROVIDING FOR ELIGIBILITY REQUIREMENTS FOR RE-EMPLOYMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE MEMBERS OF THE COMMIS- SION. WHEREAS, the Civil Service Board, at its regular meeting of September 16, 1980, voted to amend Rule 12, Section 12.4 by re- pealing said section and substituting a new Section 12.4 as set forth herein; and WHEREAS, it is the desire of this body to incorporate this provision in the Civil Service Rules and Regulations of the City of Miami; WHEREAS, the Civil Service Rules and Regulations of the City are codified as Article III of ch. 40, Sections 40-36--40-175 of the Code of the City of Miami, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Subsection (b) of Section 40-94, entitled "Resignation", of the Code of the City of Miami, Florida, effec- tive September 1, 1980, is hereby amended by the repeal of said subsection, in its entirety, and the following is hereby substi- tuted in its place instead: Sec. 40-94. Resignation (a) Generally Above -bracketed portion merely indicates proper location of amended material. "(b) Subsequent renewal of employment. 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 Depart- ment endorses the request, said Director may submit the re- quest to the Civil Service Board. F Oak 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, the Civil Service Board may determine whether previous seniority shall be credited if the employee is re-employed. Any such former employee who had not completed the probationary pe- riod 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." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remain- ing provisions of this Ordinance shall not be affected. Section 4. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifth of the members of the Commission. PASSED AND ADOPTED this 9th day of October , 1980. Maurice A. Ferre M A Y O R PREPARED AND APPROVED BY: ASSISTANT CITY ATTORNEY AND CORRECTNESS: T PLEASE POST 'CIITIL S R'710E BULLETIN 72.142 A.0 GU ST 19 , 19 8 0 TO: ALL DEPART_►M%-.T DIRECTORS, DIVISION MEADS P.1.'(D] EI PLOYEES FROM: v Y �_-R ' CUTIi SEL`r�ETARY CI IL SERVICE BOARD Wi,TE : nL,TEAsE POST AUGUST 19,1980 SUBJECT: PROPOSED AMENDMENT TO CIVIL SERVICE RULE 12.4 An amendment to the City of Miami Civil Service Rules and Regulations (ordinance no.8977), was proposed by Robert D. Krause, Director, Department of Human Resources at the Civil Service Board meeting of August 19, 1980 and a public hearing is scheduled for 9:00 A.M. on Tuesday, September 16, 1980, to consider that proposal. This item will be placed on the regular Civil Service -Board agenda for the Board's meeting on that date, to be held in the City Com- mission Chambers,, 3500 Pan American Drive, Dinner Key. In his memo rewest that the following Rule change be con- sidered, Mr. Krause paints out that re-employment under the provi sions of Civil Service Rule 8.8 stands in direct conflict with Rule 12.4, which provides that employees who resign may not be reinstated except by normal exerinations procedures. The proposed amendment will serve -to remove such conflicts that presently exist between the applicable rules and permit rein- statcment of former employees who have resigned from the classified service. Rule 12.4 presently reads: Resigna tioris . Any former employee who has resigned from the classified service will not be eligible for reinstatement. Such : former employees, upon application for employment, will be processed in the same manner as any other applicant, including the filing of an application, the taking of an examination, and the selection from an eligible register in accordance with Civil Service Rules and Regulations. No seniority credit will be given for service rendered prior to date of resignation. The proposed amendment would repeal the present language and substitute in lieu thereof the following language: Re.sicnations. fiery employee who resigns with a satisfactory record of service may apply to his or her employing Department to he placed on a re-er:plc)^nent list. If the Di- rector of the employing department endorses the revue t., said Director may submit the recn3cct to the Civil Service Eoayd. = 7.f the request is approved by the Civil 5crv.ice Board, the Directo. of }'?L'." an Re- nrurces shall cr_rtity the name together k ; hi other names ccrtified tndcr iiule 8, TO: All Department Directors, Page 2 Bulleti..No. 142 Division Heads and Employees August-19, 1980 Subject to the provisions of existing labor agreements. t�ehe Civil Service Board may determine whether previous seniority shall be credited if the employee is re-employed. Any such former employee who had not completed the probationary period will be required to serve a full probationary period as provided in Pule 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. Richard L. Fosmoen City Manager Civil Service OOW .:17Y (`F MIAMI. FLORIDA I'd1._;7•'_)F=ICE MENIOR/1N0UM -,;�, September 29, 1980 c!LE Proposed Amendment to Civil Service Rules and Regulations R EFE 'ES ENC;LOSURE:: It is recommended that an amendment to Rule 12, Section 12.4 of the Civil Service Rules and Regulations be approved, to remove conflicts that presently exist between Rule 8, Section 8.8 and -Rule 12, C� 0 N M ro w o �9 Section 12.4 per the attached Ordinance. co Several inquiries concerning possible re-employment of former employees from the Departments of Police and Fire had been submitted to the Department of Human Resources. Civil Service Rule 8, Section 8.8, denies re -instatement of former employees who have resigned from the classified service except through competitive examination. On the other hand, Rule 12, Section 12.4 gives the Civil Ser- vice Board the authority to approve any appointment that may be outside normal position procedures. While this rule could be used to re-employ former employees, it stands in direct conflict with the language contained in Rule 8.8. To remove such conflicts that presently exist between the applicable rules and permit reinstatement of employees who have resigned from the classified service, the Civil Service Board, at its regular meeting of September 16, 1980,voted to amend Rule 12, Section 12.4 of the Civil Service Rules and Regulations by repealing said section and substituting a new Section 12.4. Union representatives from Police and Fire as well as City administrators have indicated no objection to the proposed Rule change. It should be noted that this rule change would serve to comply with the wishes of the City Commission who had indi- cated that in an effort to fill Police Officers vacancies in the Police Department,the department should do whatever it could to employ certified Police Officers who did not require training and could go out to work in the streets immediately. JSC:jb c^ ' 9 i 8 4 M1Ai1A1 Ott v1EW AMID DAILY RLICINO Published Daily except Saturday, Sunday and O Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DAOE Before the undersigned authority personal) ap- Assistant Becky of Lega/Advertn oath isingthat she Of the Mithe ami Review and Daily Record, a daily (except uSaturday, blithed of Miami iday n Dand de Countoy. Florida that therittached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance 9184 X X X in the _ ......... I Court, was published in said newspaper In the issues of October 14, 1980 Afflant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In sold Dade County. Florida, and that the sold newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sun- day and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida. for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corpora - lion any discount, rebate, commission or refund for the purpose of s ring this advertisement for publication in the said speper�.�"�__ ! j,�ll. (• V[TalTat v rWo�it y Nb"e-Sitale of Fbrl at Large (SEAL) \- r Jlh1P i) My Commission expi MR-67.1 ,i co r.. c" ;b C! C'ia )�t +w : • _ (� y`' ... crt (i'1 1,: _y CITY OF MIAMI t� DADE COUNTY, FLORIDA LEGAL NOTICE All interested will take notice that on the 9th day of October 1980, the City Commission of Miami, Florida passed and adopted the follow- in2 titled ordinance:,,,, ....�,.,,r.� . ORDINANCE NO, 9104 AN ORDINANCE AMENDING SUBSECTION (b), ENTITLED "SUBSEQUENT RENEWAL OF EMPLOYMENT", OF SEC- TION 40.94, ENTITLED "RESIGNATION", OF THE CODE OF THE CITY OF MIAMI, FLORIDA,' EFFECTIVE SEPTEMBER 1, 1960, BY REPEALING SAID SUBSECTION AND SUBSTITUTING THEREFOR A NEW SUBSECTION (b), PROVIDING THAT FORMER EMPLOYEES WHO HAVE RESIGNED FROM THE CLASSIFIED SERVICE MAY BE REINSTATED; FURTHER PROVIDING THAT EMPLOYEES MAY BE CREDITED.PREVIOUS SENIORITY, IF RE-EMPLOYED, SUBJECT TOTHE PROVI- SIONS OF EXISTING LABOR AGREEMENTS; FURTHER PROVIDING FOR ELIGIBILITY REQUIREMENTSFOR RE• EMPLOYMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND DISPENSING WITH THE REQUIREMENT OF READING SAME ON TWO SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - FIFTHS OF THE MEMBERS OF THE COMMISSION. RALCITY C ONGIE nn CITY CLERK CITY OF MIAMI, FLORIDA Publication of this Notice on the 14 day of October 1980 10/14 M80-101452 0 • O O !-9 1 00 r-1 O� r,f.