HomeMy WebLinkAboutO-08977RFC/rb
6/14/78
ORDINANCE NO,
8977
AN ORDINANCE REPEALING ORDINANCE NO. 6945,
AS AMENDED, IN ITS ENTIRETY, AND SUBSTI-
TUTING 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.
WHEREAS, the existing Civil Service Code of Rules
and Regulations have been found to be antiquated, ambiguous
in parts, outmoded, and a major portion of which are not in
conformity with current Civil Service practices and procedures;
and
WHEREAS, the Civil Service Board has spent many months
in writing a new set of Civil Service Rules and Regulations,
the final draft of which has been adopted by said Board; and
WHEREAS, it is ncessary for the proper operation of
personnel functions within the City government to adopt the
recommended Code;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. Ordinance No. 6945, passed and adopted
on December 15, 1961,as amended, is hereby repealed in its
entirety.
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:
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"CITY OF MIAMI, FLORIDA
CIVIL SERVICE
RULES AND REGULATIONS
RULE 1
DEFINITIONS OF TERMS USED
1.1. 'Civil Service' — shall comprise all positions of trust, skill
or employment, including all employees whether permanent or temporary,
in the service of the City of Miami, except as otherwise provided by
the Charter of the City of Miami.
1.2. 'Unclassified Service' — comprises those positions specified in
Section 62 of the City Charter, which shall be interpreted in accord-
ance 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 'Reads of Departments' shall include the Directors of all
departments, agencies and offices created by City Charter, City ordi-
nance 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 62 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.
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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 determine that
it is feasible to,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.
1.4.
'Competitive Class'--" shall include all positions and employment
for which it is practicable to determine the merit and fitness of appli-
cants by competitive examinations as determined by the Director of the
Human' Resources Department.
1.5. 'Noncompetitive Class'---10 shall include all positions requir-
ing 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.
1.6. 'Labor Class' e shall include unskilled labor.
1.7. 'Permanent Employee' — means any employee intbe..classified
service who has been regularly appointed, after serving a probationary
period, to a position which normally involves continuous year-round
service.
1.8.a. '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 classifica-
tion 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.
1.8.b. 'Probationary Period' -- is that period of‘ service which an
employee must complete prior to obtaining permanent appointment.
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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.
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.
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.
1.12. 'Promotion' — means a transfer made in accordance with these
rules from a lower to a higher classification in the same job family,
involving a requirement that the employee must have first held status in
the lower classification to be eligible for promotion.
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..
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.
1.15. 'Return to Former Classification' — is a reversion to a class-
ification in which the employee held status prior to promotion, advance-
ment, change in classification, or appointment to the unclassified service,
due to voluntary request or other reason not involving discipline.
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1.16. 'Change in Classification' -- is a change to a different
classification with no.change in pay range or a change to a classi-
fication 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.
1.17. 'Board' -- when used by itself refers to the Civil
Service Board of the City of Miami.
1.18. 'Position' — is a group of current duties and respon-
sibilities assigned or delegated by competent authority, requiring
the full-time or part-time employment of one person.
1.19. 'Age Limit' -- is the established limit on age. An appli-
cant 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.
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RULE 2
ORGANIZATION AND DUTIES
2.1. Organizational 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.
2.2. Duties of the Executive Secretary -- It shall be the duty
of the Exec,ative Secretary to keep minutes of all meetings of the Board,
to appoint other members of the 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. He/she
shall' be ex officio director of personnel for purposes of Section.65
of the City Charter.
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 ser-
vices of those meeting the requirements of said regulations. Positions
in the classified service shall be filled by him/herdram 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 interpreta-
tion is to assure compliance with court decrees, Federal selection guide-'
lines, grant requirements and other governing regulations. These func-
tions shall be performed in accordance with the following interpretations:
(a) The phrase 'provide examinations' means to assure
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that examinations are prepared by the Director of the Human Resout'+.:es
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 the
Human Resources Department under the provisions of Rule 7 thereof.
(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 8 hereof.
The Chief Examiner bears ultimate responsibility to assure
that these functions are performed in accordance with the Rules and
Regulations of the Board.
2.4. Department Rules -- The Director of each Department shall
make the rules for the 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.
2.5. Official Signatures -- The Executive Secretary or his/her
designee shall sign all vouchers involving the expenditure of 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 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.
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 amendae::ts as it may elect to make or it
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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
2.7. Appearance Before the Board — Anyone desiring an appearance
before the Board shall confer with the Executive Secretary who will
make the necessary arrangements or consult with the Board.
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,
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RULE 3
OFFICIAL RECORDS
3.1. Board Minutes -- The Executive Secretary shall keep a
minute record of the official proceedings of the Board as required
under these rules. The Board's minutes shall record all official
actions of the Board.
0 3.2. Personnel Records -- The Director of the Department of
Rumen 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 pro-
vision 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 State law and local ordinances.
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RULE 4
POLICY FUNCTIONS OF THE BOARD
Recommendatory, 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
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personnel administration. The Board may place its findings and recom-
mendations 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.
4.2. ' Recommendatory, Specific -- 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 su:h complaints in accordance with the
provisions of these rules.
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RULE 5
APPLICATION FOR EXAMINATIONS
5.1. Announcement --- All announcements of examinations for
positions in the classified service shall be issued by the Director of
the 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 perform-
ance 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.
° 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.
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5.3. Residence — All applicants must be residents of the City
of Miami, Florida, except when the Director of the Human Resources Depart-
ment 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. Prefer-
ence 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.
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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; pro-
vided, however, that applications more than two years old may be des-
troyed without notification, if otherwise authorized by law.
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RULE 6
EXAMINATIONS
6.1. Open 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 eli-
gibility criteria for grant programs.
6.2. Promotional Examinations -- Advancement within the Classified
Service shall be through promotional examinations which shall be 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 practi-
cable, be filled by promotion or advancement from lower positions, the Direc-
tor of the Hunan 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.
6.3. •Contents of Examinations — 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 unassem-
bled 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
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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.
6.4. Veteran's Preference — In certification for appointment,
in appointment, in reemployment, and in promotion, preference shad be
given in accordance with the State of Florida Statutes, as amended.
Veteran's preference in retention shall be given in accordance
with the Provisions of Rule 12 hereof.
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 all 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 rat-
ing or standard for progression to successive steps in a total selection
procedure.
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.
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
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as of the date of original application 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 adminis-
tered by an independent testing agency, as required by Court Order in
7./
Case #71-1887-Civ-CA shall compute seniority in accordance with sub-
section 6.7(e) hereof. The number of points earned shall be multipled
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 this 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
For the second full year 2
For the third full year ... 2
For the fourth full year 2
For the fifth full year 2
For the sixth full year 2
For the seventh full year 2
For the eighth full year 3
For the ninth full year 3
For the tenth full year 3
For each additional year after 10 years 1/2
Maximum fourteen (14) years 1/2
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1/ Franklin G. Cohen, et al., v. City of Miami, et al., District
Court, Southern District of Florida, Case #71-1887-CIV-CA
B 8977
(e) For the first 6 months 0
For each full month of the second 6 months 1/2
For the second full year 3
For the third full year 3
For the fourth full. year 2
For the fifth full year 2
For the sixth full year 2
For the seventh full year 2
Por the eighth full year 2
For the ninth full year 2
For the tenth full year 2
For each additional year after 10 years... 1/2
Maximum fourteen (14) years 1/2
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RULE 7
ELIGIBLE REGISTERS
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 neces-
sary or desirable to meet the needs of the service.
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 candi-
date is certified, all such eligible candidates with tied scores shall
be certified for interviews. Names of eligibles 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 deter-
mined by the Director of the Human Resources Department.
7.3. Duration of Registers -- The term of eligibility of each
register and of the names appearing thereon shall be fixed by the Direc-
tor of the. Human Resources Department at not less that one year nor more
than two years. 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 estab-
lished.
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7.4. Availability 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 availa-
bility for employment.
7.5. Removal from Register -- The name of any person appearing on
a register may be removed by the Director of the Human Resources Depart-
ment 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 notifica-
tion. The name of any eligible may also be removed if the name has been
certified for apointment 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 appli-
cations may likewise be cause for the removal of the name of an eligible
from the register on which it appears.
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RULE 8
APPOINTMENTS, PROMOTIONS & ADVANCEMENTS
8.1. From Eligible Register -- Except as otherwise provided in these
Rules, every vacancy in the classified service shall be filled by appoint-
ment 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.
8.2. Request for Certification (Requisition) -- Whenver 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 appopriate
eligible register, or when necessary, a proper eligible register may be
prepared as the result of an examination held for that purpose.
8.2. Certification from Open Competitive Registers
(a) Certification from open competitive registers for
positions other than Police Officer: 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.
(b) Certification and Selection for Position of Police
Officer: The Director of the Human Resources Department, as soon as
practicable, shall certify from the Police Officer eligible register
at least 252 of the register, not to exceed fifty eligibles at any time,
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who stand highest thereon giving their names, addresses and examination
grades. Selection shall be made for appointment from the eligibles thus
referred, and additional eligibles shall be referred, as necessary.
8.4. Certification from Promotional Competitive Registers — The
Director of the Human Resources Department shall certify from the appro-
priate 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.
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.
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.
8.7. Additional Certification --- In addition to the names certified
as provided above, the Director of the Human Resources Department shall
certify from the same or another appropriate list the names of the three
persons standing next highest as follows:
(a) Three members of the affected class asprescibed
in the Consent Decree, United States of America v.
1/
City of Miami or
(b) Three members of appropriate protected groups
as definied in Federal regulations,
when such additional certification will assist the City in meeting
hiring or promotional goals established in the aforesaid Consent Decree
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1/ United States of America v. City of Miami, etc., et al.,
District Court, Southern District of Florida, Case #75-3096-CIV-JE
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or in an affirmative action plan established in accordance with Federal
laws, regulations or other requirements or when an examination has
adverse impact upon members of protected groups. When more than one
vacancy exists, the Director of the Human Resources Department shall
certify the next name on the register and the next member of the affec-
ted class or protected group, as appropriate. If special requirements
of sex, domicile or the possession of special qualifications are properly
justified, the Director of the Human Resources Department may also
certify the names of not more than three persons who best meet such
special requirements. When there are insufficient names on the register
or other appropriate list to certify the number prescribed above, the
Director of the Human Resources Department may require appointment from
among the names remaining or may establish a new register in order to
meet the objectives of the City•s merit system and the applicable require-
ments of the aforesaid Consent Decree and other Federal requirements.
8.8. Appointment — 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.
o 8.9. Temporary Appointments 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 an employee on leave of absence, or to
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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.
6.10. 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 Depart-
ment,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.
8.11. Method of Qualifying Incumbents of Classified Positions Alloca-
ted to New Or Higher Levels v 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 per-
manent 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
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normally given for the same or like classifica-
tion, 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.
8.12. 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 Depart-
ment 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 statue while performing these duties during the transi-
tional period of reorganization but shall continue to accrue Civil Service
rights in their permanent Civil Service classification.
8.13. Notice in Writing — Immediate notice in writing shall be given
by the Department Director to the Director of the Human Resources Depart-
ment of all appointments (permanent and temporary), transfers, promotions,
resignations, suspensions and vacancies from any cuase, 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
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Director interested shall immediately report same in writing to the
Director of the Human Resources Department.
8.14. 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 emplcyee 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,
holdingpermanent Civil Service status, from qualifying for promotional
examination to the classification next higher to their permanent Civil
Service classification.
8.15. Police Promotions -- Eligibility to take the promotional examine-
_
tion 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 - Wasters, Doctors or Law Degree
All of the above -mentioned time -in -grade shall be actual continuous
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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
Business Administration
Criminology
Psychology
Sociology
Law
or such similar or related fields 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 competi-
tive promotional examination for Captain of Police. Any person promoted
to these classifications may be assigned anywhere in the Police Department
without the consent of the person so promoted. Personnel who were not pro -
rooted to these classifications, but received them as a result of reclassi-
fication 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 Regu-
lations shall be eligible to hold such promotional positions.
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ig
•
•
8.16. Fire Promotions -- Employees with four years of actual continu-
ous 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 satis-
factory service in the classification of Fire Lieutenant shall be con-
sidered 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 subsec-
tions hereof and in the other pertinent sections of these Civil Service
Rules and Regulations shall be eligible to hold such promotional posi-
tions
8.17.
Promotions Upon Retirement -- Any officer of the Police Division
or uniformed member of the Fire Division may, upon retirement, be pro-
moted 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.
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RULE 9
PROBATION
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 class-
ification and who has not completed the probationary period provided in
subsections 9.2 and 9.3 hereof.
9.2. Incomplete Action — No initial appointment, advancement, pro-
motion, 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 class-
ification shall have been completed.
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 eighteen months.
Upon the initial appointment or advancement to
the position of Identification Technician I or
Firefigher, 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.
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•
•
9.4. Automatic Return — Said probationary employee they 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.
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 classi-
fication 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 classifi-
cation, he/she shall be permitted to replace, City-wide, that person with
the lowest layoff score in that classification, layoff score to be com-
puted in the manner described in Rule 12, subsection 12.1(3)(c) hereof.
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.
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 oppor-
tunity for employment, said individuals name shall be returned to the
eligible register of the classification concerned, in its original
position on the said eligible register.
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9.8. Automatic Appointment, Condition Subsequent When an
employee Is appointed from an eligible register to a permanently
budgeted entrance or promotional position 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.
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9.8. Automatic Appointment, Condition Subsequent When an
employee is appointed from an eligible register to a permanently
budgeted entrance or promotional position 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.
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89 7 7 4
RULE 10
EMPLOYEE ORGANIZATIONS
10.1. Rights 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 Regu-
lations 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.
0 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.
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-Ae
RULE 11
TRANSFERS
Interdepartmental Transfers -- Any employee in the classified
service who has served the required probationary period may be trans-
ferred 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.
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. Assign-
ments 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 is other departments of the location of the employment
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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.
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RULE 12
LAYOFF, RESIGNATION AND REINSTATEMENT
V 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 entiled to fill any existing vacancy in such
classification in any department of the City. Should there by 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 classfication:
(b) Employees in a department, division, section, etc.,
whose functions are to be transferred to any other government agency
shall have the right toelect 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 classificcation held or previous classifications. Employees subject
to any other government trasnfer shall be processed in the same
manner as outlined in this rule.
(c) The order of layoff of permanent employees shall be
determined by a layoff score computed in the following manner: A credit
for seniority computed at the rate of one -tenth of one point (.1) shall
be given to all employees in the particular classfication for each full
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month service within his/her particular classification in which
his/her efficiency rating has been reported as other than unsatisfactory,
provided, however, that in the case of veterans, one point (1.0) or ten
months of seniority shall be added to the total layoff score. 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 unsatisfactory. A tie in said score shall
be broken in favor of the employee with the longest service rating reported
as other than unsatisfactory. Should a tie still exist, it shall be
decided in favor of the employee who filed the first work application
with the City. The employee with the lowest layoff score shall 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 requi�p.ments. It shall not be binding on a Department Director
to accept sae employee referred to a like or similar classification.
(d) If the said employee has progressed in continuous and
uninterrupted service through and holds permanent classification in 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:
(i) In the highest job classification, only seniority
actually accrued in that 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
classificatons, shall comprise the total seniority
in the aforesaid lower job classification.
No employee shall have any right or title in a job classi-
fication in which he/she was never employed and held a permanent appoint-
ment in said classification except •as provided is Rule 12.7 hereof.
4 (e) Any employee bolding 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.
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(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.
12.2. Layoff Registers.- The names of Police Officers who have com-
pleted 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 'Layoff' register in the order of their
layoff score, the highest being first, for a period not to exceed thirty-
six months during which time said persons may be certified for reemploy-
ment. 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 promo-
tional.
Reemployment shall be subject t. [such persons's passing] a
satisfactory physical examination by the City Physician. This rule
shall be applied to all layoff registers.
12.3. Layoff of Probationary 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 subsec-
tion 2 hereof and shall be required to serve the balance of their proba-
tion upon reemployment.
12.4. Resignations +r 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.
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.(f) Employees who have 'advanced' not in the sage 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.
12.2. Layoff Registers-- The names of Police Officers who have com-
pleted 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 'Layoff' register in the order of their
layoff score, the highest being first, for a period not to exceed thirty-
six months during which time said persons may be certified for reemploy-
ment. 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 promo-
tional.
Reemployment shall be subject to [such persons's passing] a
satisfactory physical examination by the City Physician. This rule
shall be applied to all layoff registers.
• 12.3. Layoff of Probationary 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 subsec-
tion 2 hereof and shall be required to serve the balance of their proba-
tion upon reemployment.
12.4. Resignations --• 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.
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i
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.
12.6. Entrance Certification -O 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.
12. 7.
Physical Inability, Transfer Options — Any employee who has
been determined by the City Physician to be physically unable to con-
tinue 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 Manager's 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 cequirements.
Both of the above actions would be without further written
examination, or having to serve an additional probationary period.
• -36-
is 8977
RULE 13
SERVICE RATINGS
13.1. Reports 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.
• 13.2. Unsatisfactory Ratings — Whenever it shall appear from the
reports of efficiency that the conduct and/or efficiency of any employee
has fallen below1an 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 reasonis shown satisfactory to the Board, he/she shall
be removed, suspended, or reduced in grade, as the Board shall determine.
13.3. Conduct of Bearings — 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 prac-
tical. Both the employee and tue 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.
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RULE 14
DISMISSALS, SUSPENSIONS.
DEMOTIONS AND RESIGNATIONS
14.1. Power of Suspension, 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/she may be suspended from the date when such written state-
ment 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 thirty 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
Personnel 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
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a upon written charges of misconduct preferred by any citizen, but only
after reasonable notice to the accused and full hearing.
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 wilfully, 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
(d) Has wilfully 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 direc-
tion made and given by his/her superior, where such viola-
tion or failure to obey amounts to an act of insubordina-
tion or a serious breach of proper discipline, or 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
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(f) Has beer under the influence of alcoholic bev-
erages, 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 404.01, Florida Statutes, on duty
or off, his/her conduct while under said influ-
ence, bringing reproach upon the City of Miami; or
(g) Has contracted a veneral disease and refuses to
seek treatment therefor, or a physical ailment
or defect, which incapacitates the employee
for properly performing the duties of the p7si-
tion held; or
(h) Has been guilty of actions which amount to insub-
ordination 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 Com-
mission 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 elsewhetc than at a
public hearing of the City Commission or a committee
thereof unless the said 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
8977 a
(1) Is careless or negligent of the property of the
City of Miami; or
(m) Has used, or thr,a tened, 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 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 contribu-
tion is made with the hope or expectation of receiv-
ing 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 appli-
cation for employment or has given false 'information
on his/her preemployment medical examination; or
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r 8977
(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 can-
celled; or
(r) Is antagonistic toward superiors and fellow
employees, critizing 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 from 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
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14.3.
(u) Has, without the permission of the City Manager
and/or the Chief of the Police Department, been
found to have in his/her possession and using any
recording instrument or device to secretly record
conversations without the 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 con-
siders justifiable against any employee.
Appeal to Board When any 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 writ-
ing within fifteen days from the effective date of the suspension, reduc-
tion, or dismissal, and the Board within thirty days shall proceed to bear
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l
such appeal. The Board, recognizing the disciplinary authority of
the administrative head and ready at all times to improve the relation-
ship 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 Depart-
ment 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.
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 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 admit-
ted at the discretion of the Board and pertinent infor-
mation considered for the purpose of substantial justice
for all parties.
(d) The appellant may be represented by counsel; the Direc-
tor of the Department may be represented by the City
Attorney or other counsel.
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(e) Admissible as evidence shall be written statements
made by the appellants and others, transcripts of oral
statements made by the appellants andothers, and hearsay
evidence, for whattver 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
appellant's innocence or guilt in keeping with the
public interest, based solely on the Board's reasonable
interpretation of all 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.
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(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.
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 Depart:sent. The order of proof shall be as follows:
(a) The Director of the Department or his/her appointed
representative shall present his/her evidence in
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.
A 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 pro-
ceedings 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.
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
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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.
14.8. Disqualification for Reappointment -- Any employee who is dis-
missed 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
will not affect the employee's usefulness in some other occupation.
14.9. Physical Incapacitation -- The City Manager shall provide
periodic, uniform medical examinations for all employees in the classi-
fied service for the purpose of determining the employee's physical
ability to perform his/her duties of the position held.
The frequency of examinations 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 cap-
able of performing his/her duties of the position held.
Any employee holding permanent status in the classified ser-
vice 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
0
deems it necessary or advisable to seek additional professional opinion
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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 bene-
fit of the City Physician's findings, and the report thereof shall
include the opinion of the physician or physicians conducting the
reexamination as to the employee's future employability, based upon
the findings of the examination. All examinations.ehall 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 recommenda-
tion 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
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 nonservice 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 class-
ification 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.
of physical incapacitation, and who are not under
e 14.10. Reduction in Pay or Position — Hearings on appeal from employees,
reduced in pay or position, laid off, or suspended by the Department Direc-
tor, shall be conducted generally in the same manner as bearings on appeal
from orders of discharge.
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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 of the Civil Service Board. An
employee who resigns relinquishes all rights recognized under Civil
Service status.
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.
(h) 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 any other reason, from giving
information which may bear on his/her own fitness to
hold a job; he/she shall be dismissed for refusing
to give such information.
•
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15.1.
RULE 15
HOURS OF WORK, ATTENDANCE AND LEAVE
Hours of Work — The City Manager shall prescribe by regulation
the actual hours of employment for any or all employees in the City ser-
vice whenever such ation, in his/her opinion, is in the best interests
of the City service.
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 years
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-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.)
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(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)
(3)
After completion of seven years,
of vacation or 20 hours for Fire
After completion of eight years,
of vacation or 30 hours for Fire
two working days
Fighters.
three working days
Fighters.
(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.
(d) 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 l5th of the month,
it shall be considered as a full month of service,
(e) 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.
(f) Schedule of Vacations with Pay: Vacation with pay shall
be taken at the convenience of the Department Director. It
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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
carry-overs 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.
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 deter-
mine the extent of an employee's absence on sick leave, the supervisor
shall visit the home of the employee. In cases where the supervisor
suspects that an employee is malingering, sick leave with pay shall not
be granted.' The provisions of the herein subsections concerning 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 leave 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.
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(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 anti-
cipated 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 automat-
ically be charged to the vacation leave due him/her
rather than drop biro/her from the payroll. In the
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event, however, that an employee is unable to
return to work, 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.
In order to receive
(i)
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 the Police 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
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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 terminate
employment with the City of Miami under honorable con-
ditions 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 recom-
mendation.
(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 thes Rules and
Regulations unless the Department Director in writing recom-
mends against it, and the Civil Service Board approves the
Department Director's recommendation.
9 (m) After the accumulation of sixty days sick leave, further
accumulation shall be 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.
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
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in an action involving the Pederal Government, the
State 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 Duty: 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, as leave of absence without pay, or as
a deduction from authorized accumulated overtime.
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. Com-
pensatory 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
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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, 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 classifications for which
the pay range is the same or less than their present classi-
fication 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 BankUill be authorized
the absence necessary to accomplish this purpose. Particu-
lar care will be taken to see the employees take sufficient
time from their duties to recuperate. Except in unusual
circumstances, a nazism* of 4 hours authorized absence should
be allowed.
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or its successor
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15.6.
(f) Medical Examination. Employees will be excused for the
purpose of taking a Medical Examination to determine 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 a maximum of four
days leave with pay. The immediate family is defined as
father, mother, sister, brother, husband, wife, child,
father-in-law, and mother-in-law, step -father and/or
seep -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. The 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 retiring
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.
Leave of Absence Without Pay --r 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:
(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.
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(b) Requests for leave of absence for the purpose of enter-
ing 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,
nowever, that said leave shall not exceed ninety days,
and provided further, that the said employee shall under-
stand 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.
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15.7.
Permanent Employees ••�
(a) Whenever an employee in permanent status shall enter
into the military Service of the United States Govern-
ment 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 time -in -grade
needed for eligibility for promotional examinations pro-
vided such employee shall offer himself/herself for reemploy-
ment 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 appli-
cation 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 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, pro-
vided, however, that said service credit shall not accrue
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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 satis-
factorily completed his/her probationary period after
return as an employee of the City of Miami.
15.8. Peace Corps 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 be 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.
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 Reserve, 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
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training ordered under the provisions of the V.S.
Military or Naval Training Regulations 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 pro-
visions 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.
e 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'.
15.11. Records of Absence from Duty --
(a) All branches of the service sre 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 represen-
tative 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
8977 4
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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
a 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.
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RULE 16
GRIEVANCES AND ABUSES
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 viola-
tions were contrary to the intent and spirit of these Rules and Regula-
tions, it shall make a report thereof to the u.Lrector of the Department
involved and to the City Manager.
16.2.
Complaint by Employee --- 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 Manger for his/her
consideration of a proper remedy, if a remedy is necessary.
-64-
8977 ;
RULE 17
PROHIBITED PRACTICES
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 as pohibited by statuteA No person shall willfully or corruptly
make or cause to be made any flase 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, appoint-
ment, 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.
-65-
89 7 7
v
RULE 18
CHANGE OF RULES
18.1. Procedure These rules may be amended, repealed, or
supplemented by the Board at any time, and new rules adopted, provided
that no such amendment, repeal, or supplement shall be adopted in less
than fifteen days after its proposal and that it shall not become
operative until approved by the City Commission.
-66-
8977
Section 3. All ordinances or parts of ordinances,
insofar as they are inconsistent with or in conflict with
the provisions of this ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this ordinance shall be held to be
unconstitutional, or void, the remaining provisions of this
ordinance shall, nevertheless, remain in full force and effect.
PASSED ON FIRST READING BY TITLE ONLY this 24 day
of May , 1979.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day4of July , 1979.
Maurice A. Ferre
•
RALP1 G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
ROBERi F. CLARK
ASSISTANT CITY ATTORNEY
MAYOR
APPROVED AS TO FORM AND CORRECTNESS:
GEORG F NOX, JR.
CITY ATTNEY
-68-
8977
$
r
RULE 19
REGULATIONS
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 classi-
fied 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.
19.2. Procedure — In all questions coming before the Board, a
majority vote shall control.
0 Three members shall constitute a quorum.
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.)
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."
-67-
8977
i
Section 3. All ordinances or parts of ordinances,
insofar as they are inconsistent with or in conflict with
the provisions of this ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this ordinance shall be held to be
unconstitutional, or void, the remaining provisions of this
ordinance shall, nevertheless, remain in full force and effect.
PASSED ON FIRST READING BY TITLE ONLY this
of May , 1979.
24
day
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this day4of July , 1979.
Maurice A. Ferre
MAYO R
4:461Cgo
RALP G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
•
- !12u//C
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
GEORG
CITY ATT
NOX, JR.
NEY
-68-
8977
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday
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, Flor Ida: that the attached copy
of advertisement, being a Legal Advertisement or
Notice in the matter of
CITY OF MIAMI
Re: Ordinance No. 8977
XXXX
in the Court,
was published in said newspaper in the issues of
July 30, 1979
Affiant 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
nether paid nor promised any person, firm or
corporation any discount, rebate, commission or refund
for he purpose of securi 1 • vertisement for
pu • ation in the said,, (•
30th
Not
My
(SEAL)
MR-91
ornlblit c(3uTsAitRleerer rri this
•
•
' July A.#.19.179
..Becky Cas
uba, lle,•Staiet _ wa'targe
'''11f/111111%.
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE ;
All Interested will take notice that On the24th day of ioly, 1979,'th* '.
City Commisslon of Mlaml, Florida pasted and adbptedThe toilowthg_
titled ordinance: • .
ORDINANCE NO. 097i . s
. , tt�!��RbINAt4CE NO_f5..
AMENDED, T E D ING
THEREFOR, A NEW ORDINANCE APPROVING" ANEW'
CODE OF CIVIL SERVICE RULES AND REGULATIONS AS
HEREINAFTER SET FORTH; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CL41i0E.
RALPH G. ONGIE
CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 30 day of July 1979.
7/30 M79-073024
JUL 3 1979
CIVIL SERVICE
RULES
AND
REGULATIONS
•
CIVIL SERVICE
RULES & REGULATIONS
Ordinance No. 8977
Effective August 2406,1979
As Amended
3/80 -
0
TABLE OF CONTENTS
RULE 1 Definitions 0f Terms Used Page 1
RULE 2 Organization And Duties Page 4
RULE 3 Official Records Page 6
RULE 4 Policy Functions 0f The Board Page 7
RULE 5 Application For Examinations Page 8
RULE 6 Examinations Page 10
RULE 7 Eligible Registers Page 13
RULE 8 Appointments, Promotions & Advancements Page 14
RULE 9 Probation Page 19
RULE 10 Employee Organizations Page 21
RULE 11 Transfers Page 22
RULE 12 Layoff, Resignation And Reinstatement Page 23
RULE 13 Service Ratings Page 27
RULE 14 Dismissals, Suspensions, Demotions And Resignations Page 28
RULE 15 Hours Of Work Attendance And Leave Page 37
RULE 16 Grievances And Abuses Page 48
RULE 17 Prohibited Practices Page 49
RULE 18 Change Of Rules Page 50
RULE 19 Regulations Page 51
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 permanent 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 accor-
dance 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 posi-
tions specified by title in paragraph (1) (c) of Section 62 of the City
Charter.
(d) Positions funded under Federal grant programs shall be unclas-
sified only when the Director of the Human Resources Department deter-
mines 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 unclas-
sified positions shall retain and continue to accrue Civil Service rights
in the classified position from which the appointment was made.
-1-
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 determine that
it is feasible to select such employees in accordance with the selec-
tion 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, i.-e
professional or educational character as may be determined by the DirecIv
-
tor of the Human Resources Department in accordance with the City
R.
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. 1.8.b. '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.
-2-
Sec. 1.12. 'Promotion' means a transfer made in accordance with
these rules from a lower to a higher classification in the same
job family, involving a requirement that the employee must have
first held status in the lower classification to be eligible for
promotion.
•
•
Sec. 1.13. 'Advan ement' means a transfer made in accordance with
these rule% to d classification which has a higher salary range and
for which there wa, no requirement that the employee must have first
held st.at.us 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 unclas-
sified 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 classifi-
cation 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 responsi-
bilities 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 appli-
cant 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.
RULE 2
ORGANIZATION AND DUTIES
Sec. 2.1. Organizational 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 Secretaa. It shall be the duty
of the Executive Secretary to keep minutes of all meetings of the Board,
to appoint other members of the 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. He/she
shall be ex officio director of personnel for purpose of Section 65 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 the 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 8 hereof.
-4-
The Chief Examiner bears ultimate responsibility to assure that
these functions are performed 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 the 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. The Executive Secretary or his/her
designee shall sign alT vouchers involving the'expenditure of 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 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. Appearance Before the Board. Anyone desiring an appearance
before the Board shall confer with the Executive Secretary who will
make the necessary arrangements or consult with 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.
-5-
RULE 3
OFFICIAL RECORDS
Sec. 3.1. Board Minutes. The Executive Secretary shall keep a
minute record of the official proceedings of the Board as required
under these rules. The Board's minutes shall record all official
actions of the Board.
Sec. 3.2. Personnel Records. The Director of the Department of
Human Resources sl-iall maintain official personnel records of clas-
sified 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 State law and
local ordinances.
RULE 4
•
0
POLICY FUNCTIONS OF THE BOARD
Sec. 4.1. Recommendatory 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 recom-
mendations 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. Recomnendator) , Specific. 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 os such complaints in accordance with
the provisions of these rules.
RULES
APPLICATION FOR EXAMINATIONS
Sec. 5.1. Announcement. All announcements of examinations for
positions in the classified service shall be issued by the Director
of the 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 fcr 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, refer-
ences and other pertinent information. Each application must be signed
by the person applying. Such forms shall comply with Federal require-
ments.
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 appli-
cant is physically unfit for the performance of the duties of the
position to which he/she seeks appointment; is addicted to the habitual
•
0
excessive use of drugs or intoxicating liquor; has made any false
statement of any material fact, or practiced, or attempted to prac-
tice 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.
RULE 6
EXAMINATIONS
Sec. 6.1. Open Examinations. All open examinations shall be
open to all persons who possess the minimum qualification require-
ments as established by the Director of the Human Resources Depart-
_ ment. 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 be 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 posi-
tions shall, as far as practicable, be filled by promotion or ad-
vancement 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 Examinations. All selection procedures shall
_ be practical iT-Faracter, and shalT 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 assem-
bled 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. Veteran's 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.
Veteran's preference in retention shall be given in accordance
with the provisions of Rule 12 hereof.
-10-
101.1111 I11111'1! MAP
ff
0
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 all exam-
inations, 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.
Sec. 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 application 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
in accordance with sub -section 6.7(e) hereof. The number -of
points earned shall be multipled 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, promo-
tional 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
For each second full year 2
For the third full year 2
For the fourth full year 2
For the fifth full year 2
For the sixth full year 2
For the seventh full year 2
1/ Fr:,nklin G. Cohen, et al., v. City of Miami, et al., District
Court, Southern District of Florida, Case 071-1887-CIV-CA.
For the eighth full year 3
For the ninth full year 3
For the tenth full year 3
For each additional year after 10 years 1/2
Maximum fourteen (14) years 1/2
(e) For the first 6 months 0
For each full month of the second 6 months 1/2
For the second full year 3
For the third full year 3
For the fourth full year .. 2
For the fifth full year 2
For the sixth full year 2
For the seventh full year 2
For the eighth full year 2
For the ninth full year 2
For the tenth full year 2
For each additional year after 10 years 1/2
Maximum fourteen (14) years 1/2
-12-
RULE 7
ELIGIBLE REGISTERS
Sec. 7.1. Promotional and Open Registers. The Director of the
Human Resources Department shall establish and maintain such pro-
motional and open registers for the various classes or positions
as he/she deems necessary or desirable to men 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
that one year nor more than two years. 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.
Sec. 7.4. Availability of Eligibles. It shall be the responsi-
bility 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 Register. 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 an which it appears.
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RULE 8
APPOINTMENTS, PROMOTIONS & ADVANCEMENTS
Sec. 8.1. From Eligible Register. 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 certi-
fied 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 exam-
ination held for that purpose.
Sec. 8.3. Certification from Open Competitive Registers.
(a) Certification from open competitive registers for posi-
tions other than Police Officer: The Director of the Human Resources
Department shall certify from th,2 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.
(b) Certification and Selection for Position of Police
Officer: The Director of the Human Resources Department, as soon
as practicable, shall certify from the Police Officer eligible reg-
ister at least 25% of the register, not to exceed fifty eligibles at
any time, who stand highest thereon giving their names, addresses
and examination grades. Selection shall be made for appointment
from the eligibles thus referred, and additional eligibles shall
be referred, as necessary.
Sec. 8.4. Certification from Promotional Competitive Registers.
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 Direc-
tor of the Human Resources Department shall certify a list of
candidates which may be limited to those whom he/she deems most
qualified.
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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.
Sec. 8.7. Additional Certification. In addition to the names
certified as provided above, the Director of the Human Resources
Department shall certify from the same or another appropriate
list the names of the three persons standing next highest as
follows:
(a) Three members of the affected class as prescribed
in the Consent Decree, United States of America v.
City of Miami 1/ or
(b) Three members of appropriate protected groups as
definied in Federal regulations,
when such additional certification will assist the City in meeting
hiring or promotional goals established in the aforesaid Consent
Decree or in an affirmative action plan established in accordance
with Federal laws, regulations or other requirements or when an
examinations has adverse impact upon members of protected groups.
When more than one vacancy exists, the Director of the Human Re-
sources Department shall certify the next name on the register and
the next member of the affected class or protected group, as appro-
priate. If special requirements of sex, domicile or the possession
of special qualifications are properly justified, the Director of
the Human Resources Department may also certify the names of not
more than three persons who best meet such special requirements.
When there are insufficient names on the register or other appro-
priate list to certify the number prescribed above, the Director
of the Human Resources Department may require appointment from
among the names remaining or may establish a new register in order
to meet the objectives of the Cit;•'s merit system and the applicable
requirements of the aforesaid Consent Decree and other Federal
requirements.
Sec. 8.8. Appointment. 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. 8.9. Temporary Appointments in the Absence of Eligible Registers.
In the absence of an eligible register and whenever there are urgent
reason for filling a vacant position in the classified service, the
Director of the Human Resources Department may refer from the appli-
cants 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 autho-
1/ United States of America v. City of Miami, etc., et al.,
District Court, Southern District of Florida, Case #75-3096-CIV-JE
rized by the Director of the Department of Human Resources for a
specified period of not more than ninety days, or to replace an
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. 8.10. 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. 8.11 Method of Qualifying Incumbents of Classified Positions
Allocated to New 0r Higher Levels. Whenever an occupied positron
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 per-
manent 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 posi-
tion filled from the appropriate eligible register.
Sec. 8.12. 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 Depart-
ment 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 adjust-
ment, 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
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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.
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Sec. 8.13 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 Direc-
tor interested shall immediately report same in writing to the
Director of the Human Resources Department.
Sec. 8.14 Chan?e 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 employ-
ment ceases, or when said employee is removed from said unclas-
sified 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 pro-
motional examination to the classification next higher to their
permanent Civil Service classification.
Sec. 8.15. Police Promotions. Eligibility to take the promotional
examination for Sergeant of Police shall be limited to those em-
ployees 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
Business Administration
Criminology
Psychology
Sociology
Law
or such similar or related fields 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 satisfac-
tory service in the classification of Lieutenant of Police shall
be considered eligible to take a competitive promotional examina-
tion for Captain of Police. Any person promoted to these classi-
fications may be assigned anywhere in the Police Department with-
out 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 Li"utenant, 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. 8.16 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. 8.17 Promotions Upon Retirement. Any officer of the Police
Division or uniformed member of the Fire Division may, upon retire-
ment, be promoted without examination, to the next higher rank in
the service. This promotion is to be based entirely upon the recom-
mendation of the Directors of the Fire and Police Departments, and
is an honorary promotion, carrying.no Civil Service rights or
status.
Sec. 8.18. Accordance with Collective Bargaining Agreement.
Notwithstanding the provisions of this rule, employees in a bar-
gaining unit nay be appointed, promoted, or advanced in accordance
with provisions of the appropriate labor agreement.
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RULE 9
PROBATION
Sec. 9.1. Definition. A 'Probationary Employee' is an employee
initially emToye3—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 eighteen months.
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.
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
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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.
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. Automatic Appointment, Condition Subsequent. When an
employee is appointed from an eligible register to a permanently
budgeted entrance or promotions' 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.
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RULE 10
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EMPLOYEE ORGANIZATIONS
Sec. 10.1. Rights. 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 repre-
sentatives 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.
RULE 11
TRANSFERS
Sec. 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, with-
out 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 ass gne- 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, em-
ployees in a bargaining unit may be assigned to work out of
their classification in accordance with provisions of the
appropriate labor agreement.
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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 he restricted to the clas-
sification 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 depart-
ment 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 the 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 outlined in this rule.
(c) The order of layoff of permanent employees shall
be determined by a layoff score computed in the following manner:
A credit for seniority computed at the rate of one -tenth of one
point (.1) shall be given to all employees in the particular
classification for each full month service within his/her partic-
ular classification in which his/her efficiency rating has been
reported as other than unsatisfactory, provided, however, that
in the case of veterans, one point (1.0) or ten months of seniority
shall be added to the total layoff score. No seniority credits for
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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 unsatisfactory. A tie
in said score shall be broken in favor of the employee with
the longest service rating reported as other than unsatisfac-
tory. Should a tie still exist, it shall be decided in favor
of the employee who filed the first work application with the
City. The employee with the lowest layoff score shall 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 requirements. 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 con-
tinuous and uninterrupted service through and holds permanent
classification in each of several job classifications in the
same joh family, he/she shall hold job seniority in any one
of the several job classifications as follows:
(i) In the highest job classification,
only seniority actually accrued in
that classification shall apply.
(ii) In any lower job classification, all
seniority accrued in said lower clas-
sification, together with all seniority
accrued in the several higher classi-
fications, 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 pro-
vided in Rule 12.7 hereof.
(e) Any employee holding a permanent or proba-
tionary 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 fi.:ther 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 appro-
priate 'Layoff' register in the order of their layoff score, the
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oft
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 du-
ring the period of layoff. Layoff registers shall take priority
over all registers including promotional.
Reemployment shall be subject to (such persons's
passing) a satisfactory physical examination by the City Phy-
sician. This rule shall be applied to all layoff registers.
Sec. 12.3. Layoff of Probationary 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 clas-
sification 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 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.
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 appropria,,e 'layoff' register in the order of his
or her layoff score. A refusal of the subject employee to be se-
lected 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 Options. 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 clas-
sification if, -in the Manager's judgment, the employee can fulfill
the duties of the new classification.
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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 Re-
sources 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.
Both of the above actions would be without further
written examinations, or having to serve an additional probationary
period.
Sec. 12.8. Accordance with Collective Bargaining Agreement.
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.
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RULE 13
elk
SERVICE RATINGS
Sec. 13.1. Reports 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 Hunan Resources Department.
Sec. 13.2. Unsatisfactory Rats. Whenever it shall appear
from the reports of efficiency that the conduct and/or efficien-
cy 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 effi-
ciency has fallen below an accepted level, the hearing shall be
scheduled as soon as practical. Both the employee and the Depart-
ment 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.
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RULE 14
DISMISSALS, SUSPENSIONS,
DEMOTIONS AND RESIGNATIONS
Sec. 14.1. Power of Suspension, 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/she may be suspended from the date when such written
statement of reason is furnished him/her. No trial or examina-
tion 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 thirty 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
Personnel 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 coon written charges of misconduct preferred by any
citizen, but only after reasonable notice to the accused and
full hearing.
ec. 14.2. Grounds for Dismissal, Suspension and Demotion. The
following are declared to constitute a breach of duty iFa-to be
grounds for dismissal or suspension from the classified service
_28-
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,wantoniy, 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
(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 an act of insubordination or a
serious breach of proper discipline, or resulted,
or reasonably might be expected to result, in
loss or injury to the City or to the public or
to the prisoners of wards of the City; or
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
404.01, Florida Statutes, on duty or off, his/her
conduct while under said influence, bringing
reproach upon the City of Miami; or
Has contracted a veneral 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 insr:b-
ordination or disgraceful conduct, whether comiitted
on duty or off; or
(i) Has been wantonly offensive in conduct or lang,:age
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
(f)
(9)
-29-
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 said 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
(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 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 i!s violation of 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 con-
nection• 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
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 appli-
cation for employment or has given false infor-
mation on his/her preemployment medical examina-
tion; 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
cancelled; or
(r) Is antagonistic toward superiors and fellow
employees, critizing orders, rules and policies,
and whose conduct interferes with the proper
cooperation of employees and impairs the effi-
ciency of the public service; or
(p)
-30-
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
from his/her official capacity. Provided, how-
ever, 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 of the Police Department, been
found to have in his/her possession and using
any recording instrument or device to secretly
record conversations without the knowledge or
consent of the person or persons whose conver-
sation 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
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 con-
siders justifiable against any employee.
Sec. 14.3. Appeal to Board. When any employee in the classified
service with permanent Civil Service status, who has been suspen-
ded, reduced in rank, or dismissed, appeals to the Board, the
(s)
(w)
-31-
appeal must be made in writing within fifteen days from the
effective date of the suspension, reduction, or dismissal,
and the Board within thirty days 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 con-
sideration, who shall enter an order affirming, reversing,
or modifying the disciplinary action of the Department Direc-
tor. 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 administra-
tive 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, base upon the charges presently before them; that
therefore the rules of criminal and civil proceedings shall
nht 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
law.
(c) The admission of evidence shall be governed by
the Board's rulings, with the advise 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 infor-
mation considered for the 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 state-
ments made by the appellants and others, tran-
scripts 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.
-32-
eNt
(f) Appellants and all other classified employees
of the City may be required to testify. Refusal
to testify shall be grounds for dismissal. Ad-
missions 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 appellant's innocence or guilt in keeping
with the public interest, based solely on the
Board's reasonable interpretation of all 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 considPrina the appellant's fitness to hold
employment ir: 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 he 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.
After due consideration of the evidence and
other pertinent information, the Board shall
render its findings to the appellant and to
the City Manager.
(J)
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 in
support of the charges.
(b) The appellant shalt 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.
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 sub-
section 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 Reappointment. 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 will no affect the
employee's usefulness in some other occupation.
Sec. 14.9. Physical Incapacitation. The City Manager shall
provide periodic, uniform 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
Physician's findings, and the report thereof shall include
the opinion of the physician or physicians 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 reconnnendation of the Board.
Should it be determined that the empioye_e 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 nonservice connected dis-
ability, 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 Physi-
cian shall certify to the Civil Service Board the employee's
physical ability to perform in the new position.
Sec. 14.10. Reduction in Pay or Position. Hearings on appeal
from employees, reduced in pay or position, laid off, or sus-
pended by the Department Director, shall be conducted generally
in the same manner as hearings on appeal from orders of dis-
charge.
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 relin-
quishes all rights recognized under Civil Service status.
Sec. 14.12. Dismissal.
(a) Should any officer or employee in the classi-
fied 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 dis-
missed 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 any other reason,
from giving information which may bear on
his/her own fitness to hold a job; he/she
shall be dismissed for refusing to give such
information.
Sec. 14.13. Accordance with Collective Bargaining Agreement.
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 appro-
priate labor agreement.
RULE 15
eRN
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
years 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 5'z day per week
schedule; 18/12 days on a 6-day per week sche-
dule; 21/12 days on a 7-day per week schedu1c
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.
(3) After completion of eight years, three
working days of vacation or 30 hours for
Fire Fighters.
(4) After completion of nine years, four work-
ing days of vacation or 40 hours for Fire
Fighters.
(5) After completion of ten years, five work-
ing 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.
(d) 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.
(e) 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 vaca-
tion time.
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 calen-
dar 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 carry-
overs is excess of ten days or six tours of
duty must have the prior approval of the Depart-
ment Director, the City Manager, and the Exec-
utive Secretary.
Sec. 15.3. Sick Leave with P.a. 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,
(f)
-38-
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 super-
visor shall visit the home of the employee. In cases where
the supervisor suspects that an employee is malingering, Sick
leave with pay shall not be granted. The provisions of the
herein subsections concerning sick leave accrual, compensation
for unused sick leave, and the conversion of sick leave to
vacation time for employees in the Sanitation Employees Asso-
ciation Bargaining Unit shall be in accordance with the pro-
visions of the current Labor Agreement.
F=
(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 leave with pay
on the basis of one day for each full month's
service during thefirst twelve months of employ-
ment, but none may be used until the employee
has successfully completed three months of
service. After one year of service, said employ-
ees 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 re-
called. 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 instruc-
tions from the Paymaster.
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
(g)
-39-
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, 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 employ-
ee's household under the following conditions:
(1) Employee must have sick leave to hisiher
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 noti-
fy the imediate supervisor of the illness within
thirty minutes after time set for the beginning
of the daily duties, except in the Police Depart-
ment, 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 re-
turning to work.
(2) Absentees of ten days or more are to complete
absence fortis, including signature of physi-
cian 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
-40-
OIN
for each day of such unused sick leave to a
maximum of 120 days.
(k) Employees with ten or more years service who
terminate 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 P.en',lations, unless the Department
Director in writing recommends against it, and
the Civil Service Board approves the Depart-
ment Director's recommendation.
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 Depart-
ment Director's recommendation.
(m) After the accumulation of sixty days sick leave,
further accumulation shall be 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 Rela-
tions Commission will be provided sick leave accrual, compen-
sation for unused sick leave and the use of sick leave with
the American Federation of State, County and Municipal Employ-
ees.
(1)
Sec. 15.4. Civil leave. Upon approval of his/her Depart-
ment 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 State of Florida, a political
subdivision thereof, or the City of Miami, in
response to a subpoena or other direction by
proper authority.
-41-
(c) Attendance in court in connection with an
Employee's Official Duty: 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,
as leave of absence without pay, or as a de-
duction 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 fol-
lowing the subject holiday.
(b) Religious Holidays. There is no official obser-
vance 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, 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 per-
taining 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 'Profesional Improvement' leave,
and said absence must be authorized by the ;ity
Manager.
(d) Employees participating in promotional examinations,
-42-
F
riN
or open compe ve 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
donor to contribute to the John Elliot Blood
Bankl�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.
Medical Examination. Employees will be excused
for the purpose of taking a Medical Examination
to determine 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 a
maximum of four days leave with pay. The 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. The 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 reti-
ring from City Service, or separating under hon-
orable 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:
(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.
(f)
r or its successor
-43-
(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 under-
stand 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 mili-
tary leave of absence, with the exception that
-44-
military service time will not be counted
toward time -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 appli-
cation 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 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 concern-
ing 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. Peace Corps. Whenever any employee with per-
manent status shall enter into the Peace Corps
of the United States Government, upon applica-
tion to the Civil Service Board, he/she shall
be 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 ex-
tends the time. Employees granted such leave
shall be given credit for the time in the servi-
ce 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 un-
fitness 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
-45-
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 Naval Training Regulations 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 automat-
ically be removed from the rolls. Personnel
records will indicate 'Separation - Failure to
Return from Leave'.
Sec. 15.11. Records of Absence from Duy.,
(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 atten-
dance 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 employ-
ees, 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
-46-
for disciplinary action against the supervisor
by the City Manager, the Department Dir ,ir
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.
Notwithstanding 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.
-47-
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, sus-
pension, 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 Employee. Any employee who is
aggrieved by reason of what he/she cbnsiders 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, sta-
ting 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 perti-
nent 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.
-48-
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 classi-
fied 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 as prohibited by sta-
tute . 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, re-
moval or appointment held or made under the provision of these
rules or in any manner commit or attempt to commit any fraud pre-
venting 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 connec-
tion 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.
RULE 18
CHANGE OF RULES
Sec. 18.1. Procedure. These rules may be amended, repealed,
or supplemented by the Board at any time, and new rules adopted,
provided that no such amendment, repeal, or supplement shall be
adopted in less than fifteen days after its proposal and that
it shall not become operative until approved by the City Commis-
sion.
RULE 19
REGULATIONS
Sec. 19.1. Repealer. Any act or resolution of the Board
that may subsequent1y`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 major tyT 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 Regu-
lations).
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.
INDEX
PAGE
%`•
Advancements
(See Appointments, Promotions and Advancements) 8
Announcements
Application for Examinations 8
Announcements 8
Application Forms 8
Disqualification 8
Residence 8
Appointments, Promotions and Advancements 14
Accordance with Collective Bargaining Agreement 18
Additional Certification 15
Appointment 15
Certification
For Police Officers 14
From Labor Registers 15
From Layoff Registers 24
From Noncompetitive Registers 14
From Open Competitive Registers 14
From Promotional Competitive Registers .14
Change in Status to Unclassified Service 17
Fire Promotions .19
From Eligible Register 14
Method of Qualifying Incumbents of Classified Positions
Allocated to New or Higher Levels 16
Notice in Writing 17
Promotion Upon Retirement .18
Request for Certification (Requisition) .14
Reorganization 16
Temporary Appointment in Absence of Eligible Register 15
Temporary Promotions 16
By -Passing on Eligible Register 14
Certification of Eligibles 8
Change of Rules 50
Procedure 50
Change of Status to Unclassified Service 17
Definition of Terms 1
Advancement -3
Age Limit 3
Board 3
Change in Classification 3
Civil Service 1
Classified Service 2
Competitive Class 2
Demotion 3
Eligible Register 2
Labor Class 2
New Position 2
2
2
Noncompetitive Class
Permanent Employee
(See Also Page 44)
Position 3
Probationary Employee 2
Promotion 3
Return to Former Classification 3
PAGE
Temporary Employee 2
Unclassified Service 1
Demotions
(See Dismissals, Suspensions, Demotions and Resignations)
Department Rules 5
Disability 25
Discipline
(See Dismissal, Suspensions, Demotions and Resignations)
Dismissal, Suspensions, Demotions and Resignations 28
Accordance with Collective Bargaining Agreement 36
Appeal to Board 31
Appeal Proceedings 32
Dismissal 35
Disqualification for Reappointment 34
Failure of Parties to Appear _ 34
Grounds for Dismissal, Suspension and Demotion 28
Order of Proof 33
Physical Incapacitation 34
Power of Suspension, Removal, Fine or Demotion 28
Reduction in Pay or Position 35
Resignation 35
Before Appeal 33
Reinstatement 25
Disqualification of Applicants 8
Eligible Registers 13
Availability of Eligibles 13
Certification of Eligibles 13
Duration of Registers 13
Layoff Registers 24
Order of Names on Registers 13
Promotion and Open Registers 13
Removal from Registers 13
Employee Organizations 21
Limitation 21
Rights 21
Examinations 10
Contents of Examination 10
Method of Rating 11
Open Examinations 10
Promotional Examinations 10
11
Seniority 11
Veterans Preference 10
Grievances and Abuses 48
Complaint by Employee 48
Investigation by the Board 48
Hours of Work, Attendance and Leave 37
Accordance with Collective Bargaining Agreement 47
41
46
37
Leave of Absence Without Pay 43
Military Training Leave 45
Peace Corps 45
Rating of Examination Results
Civil Leave
Failure to Return from Leave
Hours of Work
PAGE
Permanent Employee 44
Personal Leave 42
Records of Absence From Duty 46
Sick Leave with Pay 38
Vacation with Pay 37
Layoff, Resignation and Reinstatement 23
Accordance with Collective Bargaining Agreement 26
Declining of Positions Offered 25
Entrance Certification 25
Layoff Procedures 23
Of Probationary Employees 25
Registers 24
Physical Inability, Transfer Options 25
Resignations 25
Official Records 6
Board Minutes 6
Personnel Records 6
Organization and Duties (Of Board) 4
Appearances Before the Board 5
Department Rules 5
Duti e,
Or the Chief Examiner 4
Of the Executive Secretary 4
Official Signatures , 5
Organizational Meeting 4
Public Board Meetings 5
Payroll Certification 5
Performance Ratings
(See Service Ratings)
Personnel Records 6
Physical Disability 25
Policy Functions of the Board
Recommendatory
General 7
Specific 7
Probation 19
Automatic appointment, Condition Subsequent 20
Reduction 19
Return 19
Definition 19
Lack of Extension 20
Length of Probation 19
Possible Retention 20
Prohibited Practices 49
Practices, Penalties 49
Promotions
(See Appointments, Promotions and Advancements)
(See Also Definition of Terms)
Regulations 51
Procedure 51
Repealer 51
Severability 51
PAGE
Transition 51
Reinstatement
(See Layoff, Resignations and Reinstatement)
Rejection of Applicants 8
Removal from Eligible Register 13
Residence 8
Resi nations
See Dismissals, Suspensions, Demotions and Resignations)
See also Layoff, Resignations and Reinstatement))
Seniority 11
For Examinations 11
For Layoffs 23
Service Ratings 27
Conduct of Hearings 27
Reports Required 27
Unsatisfactory Ratings 27
Suspensions
(See Dismissals, Suspensions, Demotions and Resignations)
Temporary Personnel Actions
Appointments 15
Promotions 16
Details During Reorganization 16
Transfers
Assignment to Other Work 22
Interdepartmental Transfer 22
Physical Inability 25
Veterans Preference 10