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HomeMy WebLinkAboutO-09123T ORDINANCE NO. 9123 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 8977 ADOPTED JULY 24, 1979 WHICH ESTAB- LISHED NEW CIVIL SERVICE RULES AND REGULATIONS FOR THE CITY OF MIAMI, FLORIDA, AND REPEALED THE THEN EXISTING CIVIL SERVICE RULES AND REGULATIONS (ORDINANCE NO. 6945), FOR THE PUR- POSE OF CORRECTING A SCRIVENER'S ERROR WHICH HAD TRANSPOSED THE WORD "APPOINTMENT" TO THE INCORRECT WORD "APPLICATION" IN RULE 6 "EXAMINATIONS", SECTION 6.7. "SENIORITY", SUB- SECTION (a) CONCERNING THE BASE OR REFERENCE DATE FOR COMPUTING SENIORITY IN PROMOTIONAL SITUATIONS FOR CLASSIFIED CIVIL SERVICE EMPLOYEES; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AMD 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. WHEREAS, Ordinance No. 8310, which was adopted Septem- ber 24, 1974, amended the Civil Service Rules and Regulations and erroneously used the word "application" in referring to the base or reference date for computing seniority in promo- tional situations for classified Civil. Service employees; and WHEREAS, the correct word, which was contained in the original ordinance (No. 6945) establishing the Civil Service Rules and Regulations in 1961, was "appointment", and was reflected in the following sentence: and "Seniority shall be computed as of the date of original appointment according to the following table:..." [emphasis supplied]; WHEREAS, during October, 1974 the error was discovered by the Office of the Civil Service Board and a request was made to formally correct the error; however, the request, through inadvertence, was never acted upon; and WHEREAS, a subsequent ordinance (No. 8977), which was adopted July 24, 1979, contained and perpetuated the error, and the herein proposed ordinance will correct the scrivener's error which erroneously transposed the word "appointment" to the incorrect word "application"; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2 of Ordinance No. 8977 adopted July 24, 1979 which estabished new Civil Service Rules and Regulations for the City of Miami, Florida, and repealed the then existing Civil Service Rules and Regulations (Ordinance No. 6945) is hereby amended in the following particulars, for the purpose of correcting a scriveners error which had transposed the word "appointment" to the incorrect word "application" in RULE 6 "EXAMINATIONS", Section 6.7. "SENIORITY", Subsection (a) of the presently existing Civil Service Rules and Regulations concerning the base or reference date for computing seniority in promotional situations for classified Civil Service 11 employees: "Section 2. A new Code of Civil Service Rules and regulations heretofore adopted by the Civil Service Board of the CITY OF MIAMI is hereby approved by the City Commission in the form and context, as follows: RULE 6 EXAMINATIONS 6.7. Seniority (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 applfea- tiefr appointment according to the table shown in subsection 6.7(d) hereof." 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. ------------------------- 1/ Words stricken through shall be deleted. Underscored words constitute the amendment proposed. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- 9123 r Section 3. If any section, part of section, para- graph, clause, phrase, or word of this ordinance is declared invalid, the remaining pr.ovisons of this ordi- nance 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 -fifths of the members of the Commission. PASSED AND ADOPTED this 26th day of June , 1980. Maurice A. Ferre M A Y 0 R ATTEST: �J C:rCj 4� Q AL G. 0 N G I E ITY CLERK PREPARED AND APPROVED BY: RO ERT F. CLARK ASSISTANT CITY ATTORNEY APPRQWtlhAS TO,FQRJ�l AND CORRECTNESS: KNOX CITY ,/JR. CITY AA* ORNEY ` -3- 9123 :; Y 'fir •,t1 ..M1, FLORIDA G Honorable Members of the City Commission 41." Geo g F. Knox, Jr. Cit , ttorney June 9, 1980 Ordinance Amending Ordi- nance #8977 Due to Scrivener's Error (1) An earlier Ordinance (#8310) which amended the Civil Ser- vice Rules and Regulations in 1974 erroneously used the word "application" in referring to the base or reference date for computing seniority in promotional situations for classified Civil Service employees. The correct word, which was contained in the original ordinance (#6945) establishing the Civil Service Rules and Regulations in 1961, was "appointment" and was reflected in the follow- ing sentence: "Seniority shall be computed as of the date of original appointment according to the follow- ing table:..." [emphasis supplied]. During October, 1974 the error was discovered by the Office of the Civil Service Board and a request was made to for- mally correct the error; however, the request, through inadvertence, was never acted upon. A subsequent'ordi- nance (#8977), which was adopted July 24, 1979, contained and perpetuated the error. The herein proposed ordinance will correct the scrivener's error which erroneously trans- posed the word -"appointment" to the incorrect word "appli- cation". No other changes are reflected in the attached proposed amendment. GFK/RFC/rr cc: Joseph R. Grassie City Manager Judy S. Carter Executive Secretary Civil Service Board 9ia3 MIAMI REVIEW AND DAILY RECORD Pub4ibed Dally except Saturday, Sunds d Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA — COUNTY OF DADE: Before the undersigned authority personalty ap- peared Sarah Williams, who on oath says that she Is the Director of Legal Advert(s(ng of the Miami Review and _ CITY OF MIAMI, Daily Record, a daily (except Saturday, Sunday and DADE COUNTY, PLORIDA Legal Holidays) newspaper, published at Miami In LEGAL NOVICE Dade County, Florida; that the attached copy of adver- tisemenl, being a Legal Advertisement or Notice In the " matter of All interested will take netice that on the 26th day of June IM, the City Commission of Miami, Florida passed and adopted the following titled ordinlnce: City..of...Mianu Ord No. 9123 ORDINANCE NO.9123 .. AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. d977 ADOPTED JULY 24, 19" WHICH ESTABLISHED NEW CIVIL SERVICE RULES AND REGULATIONS POR — Adopted June 26, 1980 THE CITY OF MIAMI, FLORIDA, AND REPEALED THE """'•"""" ""'•""""'•'•"""""'•' ""'•"""'•"'•'•"'•"•'""•''•"' THEN EXISTING CIVIL SERVICE RULES AND REGULA- TIONS (ORDINANCE NO. 694S), FOR THE PURPOSE OF in the .......................... XXX.............. ....................... Court, CORRECTING A SCRIVENER'S ERROR WHICH HAD was published in said newspaper in the Issues of TRANSPOSED THE WORD APPOINTMENT TO THE.IN- CORRECT WORD APPLICATION IN RULE 6 EX- July,.,.2.j... .1..980 AMINATIONS", SECTION 6.7. "SENIORITY", SUB- ............•••••••••• SECTION (a) CONCERNING THE BASE OR REFERENCE DATE FOR COMPUTING_SENIORITY. IN PROMOTIONAL_.._ SITUATIONS FOR CLASSIFIED CIVIL —SERVICE EMPLOYEES; CONTAINING A REPEALER PROVISION Affiant further says that the said Miami Review AND A SEVERABILITY CLAUSE; AND DISPENSING WITH and Daily Record Is newspaper published at Miami, in THE REQUIREMENT OF READING SAME ON TWO ' said Dade County, Florida, and that the said newspaper SEPARATE DAYS BY A VOTE OF NOT LESS THAN FOUR - has heretofore been continuously published in said FIFTHS OF THE MEMBERS OF THE COMMISSION. 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 RALPH G. ONGIE preceding the first publication of the attached copy of CITY CLERK adverts ent; and afflant further says that she has CITY OF MIAMI, FLORIDA on) neith pa nor promised any person, firm or corpora- tion y d count, rebate, commission or refund for the Publication of this Notice on the 2 day of July 1990. urep se securing th tisement for publication ��� FM111" 211 n th Id news (fie . A rb�. � a Sw alp ®a�dA�cVlb&d 41ef3lre me this 2... y of .....July... ..... A.I. 19.80.... i • P U ,G ! ; _ 114, ic•6tdte46} Ida Large (SEAL) �i F f OEIDA ��o My Commission e>tQlreit �t�rD►t��6, 19f11. MR-50