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HomeMy WebLinkAboutO-08988RFC/rr 9/12/79 ORDINANCE NO. 8 9 8 8 AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. 8977, ADOPTED JULY 24, 1979, ENTITLED: "AN ORDINANCE REPEALING ORDINANCE NO. 6945, AS AMENDED, IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR, A NEW ORDI- NANCE APPROVING A NEW CODE OF CIVIL SERVICE RULES AND REGULATIONS AS HEREINAFTER SET FORTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE." BY ADDING AN UNNUMBERED PARAGRAPH TO SEC- TION 11.1 AND TO SECTION 15.3 OF SAID NEW RULES; BY ADDING THE FOLLOWING SECTIONS TO THE SAID NEW RULES: SECTION 8.18, SEC- TION 12.8, SECTION 14.13, SECTION 15.12; BY PROVIDING THAT CITY EMPLOYEES IN A COLLECTIVE BARGAINING UNIT MAY BE APPOINTED, PROMOTED, ADVANCED, TRANSFERRED, ASSIGNED, LAID OFF, CONSIDERED TO HAVE RESIGNED OR TO HAVE BEEN REINSTATED, DISMISSED, SUSPENDED, DEMOTED, ALL IN ACCORDANCE WITH THE PRO- VISIONS OF AN APPROPRIATE COLLECTIVE BARGAIN- ING LABOR AGREEMENT; FURTHER PROVIDING THAT THOSE EMPLOYEES DESIGNATED AS "MANAGERIAL" OR "CONFIDENTIAL" BE PROVIDED WITH ACCRUED SICK LEAVE, COMPENSATION FOR UNUSED SICK LEAVE, AND THE USE OF SICK LEAVE IN ACCORDANCE WITH THE TERMS OF A SPECIFIC COLLECTIVE BARGAINING LABOR AGREEMENT; FURTHER PROVIDING THAT EMPLOYEES IN A COLLECTIVE BARGAINING UNIT BE COMPENSATED FOR UNUSED SICK LEAVE, HAVE SICK LEAVE CONVERTED TO VACATION TIME, AND HAVE TIME OFF WITH PAY IN ACCORD- ANCE WITH THE PROVISIONS OF AN APPROPRIATE LABOR AGREEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Civil Service Board, at its'meeting of August 28, 1979, voted to amend Rule 8, adding Section 8.18; Rule 11, Section 11.1; Rule 12, adding Section 12.8; Rule 14, adding Section 14.13; and Rule 15, Section 15.3 and adding Section 15.12 of the Civil Service Rules and Regulations of the City of Miami: NOW, THEREFORE, BE IT ORDAINED EY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Section 2 of Ordinance No. 8977, adopted July 24, 1979, is hereby amended in the following particulars: 1/ Underscored words and/or figures constitute the amend- ment proposed. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omit- ted and unchanged material. An employee may be In order to receive All unused sick leave Employees with ten or Employees with fifteen After the 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 in accordance with terms of the Labor Agreement with the American Federation of State, County and Municipal Employees. 15.12. Accordance with Collective Bargaining Agree- ment -- Notwithstanding the provisions of this rule, employees in a bargaining unit may be compensated for unused sick leave, have sick leave converted to vacation time and be given time off with pay in accordance with the provisions of the appropriate labor agreement. Section 2. All other ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the pro- visions of this Ordinance, are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this Ordinance, is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the intent of the City Commission to pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING ONLY this 13th day of September , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of September , 1979. ATTEST: -3-- Maurice A. Ferre MAYOR R988 "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 form and context, as follows: 8.18. Accordance with Collective Bargaining Agree- ment -- Notwithstanding the provisions of this rule, employees in a bargaining unit may be appointed, pro- moted, or advanced in accordance with provisions of the appropriate labor agreement. 11.1. Interdepartmental Transfers -- 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 of 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 transferred in accord- ance with provisions of the appropriate labor agreement. 12.8. Accordance with Collective Bargaining Agree- ment -- Notwithstanding the provisions of this rule, employees in a bargaining unit may be laid off, con- sidered to have resigned or be reinstated in accordance with provisions of the appropriate labor agreement. 14.13. Accordance with Collective Bargaining Agree- ment -- Notwithstanding the provisions of this rule, employees in a bargaining unit maw► be dismissed, suspen- ded, demoted or considered to have resigned in accordance with provisions of the appropriate labor agreement. 15.3. Sick Leave with Pay -- Care (a) Amount of Sick Leave: (h) New employees are allowed* (c) Employees appointed to (d) Employees who have been * (e) Employees returning from * (f) Sick leave with pay is -2- An employee may be In order to receive All unused sick leave Employees with ten or Employees with fifteen After the 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 in accordance with terms of the Labor Agreement with the American Federation of State, County and Municipal Employees. 15.12. Accordance with Collective Bargaining Agree- ment -- Notwithstanding the provisions of this rule, employees in a bargaining unit may be compensated for unused sick leave, have sick leave converted to vacation time and be given time off with pay in accordance with the provisions of the appropriate labor agreement. * *n Section 2. All other ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the pro- visions of this Ordinance, are hereby repealed. Section 3. If any section, sentence, clause, phrase, or word of this Ordinance, is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance, and it shall be construed to have been the intent of the City Commission to pass this Ordinance without such unconstitutional, invalid or inoperative part therein; and the remainder of this Ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED ON FIRST READING ONLY this 13th day of September , 1979. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of September ATTEST: RALPI G OIE, CITY CLERK -3- Maurice A. Ferre MAYOR , 1979. R988 PREPARED AND APPROVED BY: /eoht-tt .0e(44./6 ROBERT F. CLARK ASSISTANT CITY ATTORNEY APPAS TO FORM AND CORRECTNESS: IIIMMUratiLALIIIMIll GEORGE 1. KNOX, JR. CITY , IORNEY CITY OF MIAMI. FLORIDA INTEROFFICE MEMORANDUM TO: FROM: George F. Knox, Jr. City Attorney Judy Carter Executive Secretary Civil Service Board DATE: FILE: SUBJECT: Civil Service Rule Amendments REFERENCES: ENCLOSURES: At its regular meeting of August 28, 1979, the Civil Service Board adopted certain amendments to the newly adopted Civil Service Rules & Regulations (Ordinance 8977) that were designed to remove conflicts that exist between the Civil Service Rules and several articles of various labor agreements with employees of the City of Miami. Although these conflicts had been brought into compliance with the old Civil Service Rules & Regulations (Ordinance No. 6945) through the adoption of various amendments to those rules, these amendments were not included under the new Civil Service Rules & Regulations for the following reasons: 1) Changes to Rules were not picked up when new Civil Service Rules & Regulations were drawn up in July, 1978. (See Ordinance No. 8651.) 2) Ordinances were passed after July, 1978, due to negotiated agreements with AFSCME, FOP and IAFF. (See Ordinance No. 8914.) 3) The recently negotiated and ratified Labor Agreement between the City of Miami and the Sanitation Employees Association. (See July 12, 1979 memo to Civil Service Board Members from the City Manager.) As you know, these amendments need to be prepared in ordinance form. I have therefore attached a proposed draft ordinance of these amendments for your review. It is my understanding that once reviewed your office will forward the ordinance to Angela Bellamy of the City Manager's Office for inclusion on the City Commission Agenda which will be distributed September 7th for the City Commission meeting of September 13th. If you need any further information or assistance from the Civil Service Office, please let me know. cc: Q.R. Mielke, Labor Relations Office Angela Bellamy, City Manager's Office 8988 'S MR441 TO: Joseph R. Grassie City Manager udy Carter Executive Secretary Civil Service Board August 31, 1979 Amendments to Civil Service Rules and Regulations It is recommended that certain rule changes to the Civil Service Rules and Regulations be approved, per the attached ordinance, in accordance with the terms of various labor agreements between the City of Miami and employees of the City as previously ap- proved by the Civil Service Board. Upon the adoption of the new Civil Service Rules and Regulations (Ordinance No. 8977), the Office of Labor Relations indicated that several articles of various labor agreements with employees of the City of Miami were in conflict with those new Rules and Regulations. Although these conflicts had been brought into compliance with the old Civil Service Rules and Regulations (Ordinance No. 6945) through the adoption of various amendments to those rules, these amendments were not included under the new Civil Service Rules and Regulations for the following reasons: 1. Changes to Rules were not picked up when new Civil Service Rules and Regulations were drawn up in July, 1978. (Ordinance No. 8651) 2. Ordinances were passed after July, 1978, due to nego- tiated agreements with AFSCME, FOP and IAFF. (Ordinance No. 8914) 3. The recently negotiated and ratified Labor Agreement between the City of Miami and the Sanitation Employees Association. (July 12, 1979 memo to Civil Service Board members from the City Manager of Miami.) To accomplish the purpose of bringing the new Civil Service Rules and Regulations into compliance with the various labor agreements, it is recommended that certain language be included under those rules in conflict exempting those employees affected from regulation of those specific rules. R 9 8 3 ' .1�"• MR44.1 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is Supervisor, Legal Advertising of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 8988 in the XXX X Court, was published in said newspaper in the issues of October 4, 1979 Alf iant further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday 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 torportion any discount, rebate, commission or refund for 1 purpose of securin. • vertisement for pucation in the said new ubs�ibed bell file this VVRR/; A.D:19.7• dularr Nota ylgulS' •41Pte oi.14brr a OY My orriYaktfs loped Mil JAI.•`�li (SEAL) arge CITY OF MIAMI DADE COUNTY, FLORIDA LEGAL NOTICE. All interested will take notice that on the 27th day of September, 1979, the City Commission of Miami, Florida passed and adopted the follow- ing titled ordinance: ORDINANCE NO. K!! AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE NO. e977, ADOPTED JULY 24, 1979, ENTITLED: "AN ORDINANCE REPEALING ORDINANCE NO.6945, AS AMENDED, IN ITS ENTIRETY, AND SUBSTITUTING THEREFOR, A NEW ORDINANCE APPROVING A NEW CODE OF CIVIL SERVICE RULES AND REGULATIONS AS HEREINAFTER SET FORTH; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE." BY ADDING AN UNNUMBERED PARAGRAPH TO SEC- TION 11.1 AND TO SECTION 15.3 OF SAID NEW RULES; BY ADDING THE FOLLOWING SECTIONS TO THE SAID'NEW RULES: SECTION 1.111, SECTION 12.6, SECTION 14.13; SEC- TION 15.12; BY PROVIDING THAT CITY EMPLOYEES IN A COLLECTIVE BARGAINING UNIT MAY BE APPOINTED, PROMOTED, ADVANCED, TRANSFERRED, ASSIGNED, LAID OFF, CONSIDERED TO HAVE RESIGNED OR TO HAVE. BEEN REINSTATED,' DISMISSED,' SUSPENDED, DEMOTED, ALL IN ACCORDANCE WITH THE PROVISIONS OF AN APPROPRIATE -COLLECTIVE -BARGAINING ' LABOR -AGREEMENT; FURTHER PROVIDING ,THAT THOSE EMPLOYEES DESIGNATED AS,'MAN/IGEElAL': • OR "CONFIDENTIAL" BE PROVIDED; WITH •ACCINED SICK LEAVE, COMPENSATION FOR UNUSED SICK • LEAVE, AND THE USE OF -SICK LEAVE IN ACCORDANCE WITH .THE TERMS,'OF,A SPECIFIC COLLECTIVE . BARGAINING LABOR:'AGREEMENT; FURTHER PROVIDING THAT. 'EMPLOYEES IN A COLLECTIVE BARGAINING UNIT BE COMPENSATED FOR UNUSED SICK LEAVE, HAVE SICK LEAVE CONVERTED TO VACA- TION TIME, AND HAVE TIME OFF WITH PAY. IN ACCOR- DANCE WITH.THE PROVISIONS OF AND•.APPROPRIATE: LABOR AGREEMENT; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.. . • RALPH G. ONGIE CITY CLERK - CITY OF MIAMI, FLORIDA, Publication of this Notice on the 4 day of October 1979. 10/4 _.� Iii179.100139 MR-94.1