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Home My WebLink AboutItem #01 - Discussion Iteml?",ti 4CER-MIl,41 i•"i-.2—oFFICc IE.i"iOi?Ai•I0U119 Jul .1.9 A", Joseph Rd Grassie City Manager Robert, D. Krause, ,Director Department of. Human Resources 9:24 raj:. Manuals for the Civil Service Board and Human Resources Department REFEPENc:ES Et4GLOSLRES I am enclosing a draftof two manuals that might be issued to specify the functions of the Civil Service Board and the Department of Human Resources. Both manuals are designed to provide a ready reference to the functions, responsibilities and authority of the two, offices. For this reason, each manual makes appropriatecross-references to the basic documents that specify the procedure, responsibility, or authority. If you would like to have the manuals be prepared as self-contained docu- ments,;without making cross-references to other offices of authority, it would be possible to accomplish that by making appropriate revisions to the Civil Service Rules, the. Ordinance adopted by the City Commission on January20, 1976 (Ordinance,#8526); the Affirmative Action Plan adopted by the City Commission on January 11, 1978; and the several Administrative Policies issued by the City` Manager. It is unlikely, however, that the City would be able to amend either the Consent Decree or the Memorandum of Understanding signed on, July 15, 1977, since these documents contain basic responsibilities;of the City that were negotiated over an extended period of time -with the Department of Justice. References in both Manuals to the Civil. Service Rules use the content and numbering system of the Civil' Service Ordinance now pending before the City Commission. Evert though the Ordinance has not yet been adopted, the two manuals are designed to reflect the responsibility that would be as- signed if the Ordinance were adopted. CITY COMMISSION MEETING OF JUL?9/9 wK"f�+S+TAM..nsa��: ' CIVIL SERVICE BOARD MANUAL This Manual.summariZes its Executive Secretary , Chief lists refer 1. Examiner themajor functions of the Board and makes appropriate cross ence to the principal source of responsibility and authority.` the functions' of the Civil Service Board, its �r and its staff. The Manual CIVIL SERVICE DEFINITIONS The Board defines specific terms used by all officials and adopted by the Board for Civil 'Service `purposes of the City government. cedure for adopting definitions the same Civil Service Rules. The procedure for changing rules is contained in Service Rule 18. The definitions The pro - Civil 2. a Chairman and Chief has Board agencies are contained in Civil Service Rule<l. as the procedure for ORGANIZATION AND DUTIES. The Civil. Service Board Examiner, who also serves as Secretary. has established procedures for also adopted procedures for appointing both the Executive of the Chief` Examiner accordance with provision has specified duties of E:{aminer. . that examinations The principal: functions are prepared in an adopting electing The Executive Secretary. Secretary and Board The the Chief are to assure' s ofCivil accordance with the that eligible registers. are established` in Rule 7;that positions are filled in accord Service Rule 6;, with Civil Service CITY COMMISSION MEETING OF Alive JUL2 visimPia-r-geme. .4.11410,4 _1_ 1, exs Service 3.1. et 4, provisions of Civil Service Rule 8; to certify City payrolls or to. defer ; this Civil Service recommendations in function Rule to the Director of Human Resources in accord with 2.5; and toreview applicant comt'iaints and make accord with Civil 'Service `Rule 4. In addition, the Board has adopted provisions covering the issuance ofdepartmental rules, authorizing official signatures, scheduling appearances before the Board, and holdingpublic meetings. These provisions are specified in Civil Service Rule 2. . BOARD MINUTES The Executive. Secretary maintains official. minutes Board. This responsibility is specified the Civil in Civil Service Rule 4. POLICY FUNCTIONS The Civil Service Board reviews and recommends personnel policies to the City Commission, to the City Manager, and t In additibn, the Chief Examiner reviews officials. and makes appropriate` recommendations. fied in Civil Service. Rule 4. o other appropriate ' applicant. complaints These responsibilities are speci- 5. APPLICATION FOR :EXAMINATIONS The Civil Service Board enacts rules concerning job, the development of application forms, residence of applicants, qualification of employees. The :Board ,has the adoption of Civil Service Rule announcements, and dis- exercised this authority in 6, EXAMINATIONS The Civil Service Board is authorized to adopt: rules concerning open examinations, promotional examinations,, contents of examinations, rating methods and procedures and seniority. The, Board has exercised this authority in the enactment of Civil Service Rule 7 ELIGIBLE REGISTERS The. Civil Service Board determines the rules and procedures for eligible registers for promotional and open examinations and for the removal of names for appropriate cause. The Board has 'ex- its '.authority concerning eligible registers by enactingthe maintaining • ercised provision of Civil Service Rule 7. PROMOTIONS `AND -ADVANCEMENTS vice Board is authorized to adopt rules concerning 8. APPOINTMENTS, The Civil Ser appointments, promotions and advancements from eligible registers; certification of names from registers; authorization of temporary ap- pointments and promoticps;qualification procedures for positions that are reclassified; reorganization; change of status to the unclassified and special pro - service special rules for Police and Fire promotions visions concerning promotions upon retirement. The Board has exercised its authority with respect to these functions by the enactment of Civil Service Rule 8. In addition, the Board has retained to,itself the under Civil Service Rule 8.14>to determine;.whether -a probation - employee who has been appointed to the unclassified service Service credits upon completion of the normal authority ary tinue to accrue Civil probationary period. -3- may con- EXTENSION OF QROBATION The Civil Service. Board`dete.rmines whether the probationary period for any •employee should be extended beyond the limits established in Cyi1 Service. Rule 9, 'this responsibility . is exercised in accord with Service. Rule 9.6. Civil 10. EMPLOYEE ORGANIZATIONS The Civil Service Board determines the rights and responsibilities employee organizations, subject to the • provisions of Florida_ Statutes. has exercised ttis authority by adopting the provisions' of of The. Board Civil Service Rule 10. 11. 1rRANSFERS TO ANOT;iER CLASS The Civil Service Board has the authority to authorize of an employee from one transfer job class to another in the same salary range when the minimum qualificatiOfls are equal. The Board exercises this authority in accord with Civil=Service'Rule 11.1. 12, ' :LAY-OFF, ` RESIGNATION AND 'REINSTATM EDIT The Civil Service Board specifiesterms and conditions under which employees may be subject to lay-off, resignation and reinstatement. while this responsibility of the; Board with. is normally exercised the collective bargaining' process dependent, in conjunction the authority of the Board is in - the provisic The Board has exercised its authority by enacting of Civil Service Rule 12. .a- 13.: SERVICE •RATINGS The Civil Service Board conducts hearings to determine whether employees who have received unsatisfactory service ratings should be removed, susp tided, or reduced in grade. The Executive fies each employee of the Board in Secretary noti- s decision. These functions are exercised accord with Civil Service Rule 13. 14. APPEAL 'HEARINGS The Civil disciplinary actions who has been Service Board determines the procedures and grounds for request'of any employee and conducts hearings upon dismissed, suspended or demoted when employees The Board also determines are physically incapable of performing duti positions. The Board also conducts hearings in the case o who have been reduced in pay or laid off, or suspended by Director. These functions of the Board are conducted in of Civil Service Rule 14. provisions 15. HOURS OF WORK, ATTENDANCE AND LEAVE of The Civil Service Board determines :procedures, • es of their f employees the Department accord with or establishing hours work and determines`employee benefits concerning vacation civil leave personal leave, leave sick leave, • of absence without pay, military ser- entering the Peace: Corps and annual x Board's authority is`frequently e- Bargaining process, the, Board's leave, leave for purposes of military training leave. While the• .ercisedin conjunction with the Collective vice authority in authority on this respect is independent. The Board has exercised its hours of work, attendance and leave by `enacting provisions of Civil Service Rule 15. -5- 01 16. and GRIEVANCES AND ABUSES; The Civil Service Board is authorized o hear complaints?'o, 1 employees to investigate any allegations concerningabuse of power in appoint- ments, abuses. lay-offs, demotions, suspensions, removals, andother alleged This authority of the Board is exercised in accord with Service. Rule 16. 17. PROHIBITED PRACTICES; and Civil The Civil Service Board investigates allegations ofdiscrimination fraud`in the employment process When the Board determines tion has occurred, it has the authority a viola - to disqualify an employee or, an applicant for such period as it'may >determine; may also employee. visions of 18. CHANGE Sery and the Rule n such cases, the, Board order the dismissal, suspension or demotion The authority of the Board is exercised in Civil Servipe`Rule 17. OF RULES Of a classified accord with'; pro - The Civil Service Board may amend, repeal or supplement:`an ice Rule governing its own activities and thoseof other Civil employees officials of the City government, subject only to the approval City Commission. This authority is specified in Civil Service 18. of 19. gov REGULATIONS ' The CivilService Board has the authority to specify regulations erningthe applicability of previous ordinances or rules, tion of errors, the status of employees the classified this authority Draft 7-18-79 the correc- previously holding positions in service and other regulations.. The Board has by the enactment of Civil. Service Rule 19.. exercised TO: Hon. Mayor and Members of the City Commission Joseph R. Grassier 'mmt City Manager c.',rrY OF MIA'1I, ,'•..onto,. Pending Ordinance on Civil Service Rules I am attaching for your information a memo from the City Attorney explaining the hearing held by Judge Eaton on June 1, 1979.concerning the pending Civil Service Rules. You will note that. Mr. Knox, in his concluding paragraph, states that "there is no legal impediment to the adoption ofthe proposed Civil Service Rules and Regulations." In essence, the Court has taken the position that the City, Commission has the authority to adopt the pending Ordinance. This matter will be scheduled for your regular agenda on July 11. The Commission may also wish to consider whether itclesires to set aside an additional day for a line-byline. review of the Ordinance. t. TOs FrtOM: Joseph R. Grassie City Manager Geo Cit CITY OF MIAMI, FI.C.MIDA INTER-OrFIC7Z MEMORANCIUM. June 11, 1979 Fit.: stinitcr; USA v. City of Miami. and FOB 11EFF:ritt,ICES: 7 1 ENCLOSUFILISt I have your memorandum dated June 8, 1979. At the most recent hearing which was conducted in the Chambers of Federal Judge Joe Eaton on June 1, 1979, the International. Association of Fire Fighters was permitted to intervene as parties defendant in the "Consent Decree" cage. The. Fire Fighters, by virtue of their intervention, became signatories to the Consent Decree and bound by its terms. The Judge heard arguments as to whether or not the.Fire Figherts, or the Court, had the power to pass upon the proposed Civil Service. Rules, and Regulations. •The Judge reaffirmed his position that the Federal Court would not endeavor to attend to the business of the City of Miami. He further indicated that if the propri.ety of the proposed Civi.1 Service Rules and Regulations was to be judicially determined, any competent tribunal would be available to any person or entity who would chose to attack the proposed rules. In any event, Judge Eaton emphatically noted that until there were rules in existence, there is probably no legitimate legal case or controversy. Based upon my review of the proceedings, I can reiterate my suggestion that there is no legal impediment to the adoption of the proposed Civil Service Rules and Regulations. GFK/rb cc: Robert D. Krause, Director Human Resources /111111' r.!,•\MI, ;:LC)rt OA. In;-; . i •O F!C- MEMO r.ANtJUNI Robert D. Krause Executive Secretary Civil Service Board Submitted. pith this, memo are proposed amendments to the City's Civil. Service Ru•les. These proposals result from an exchange ;of correspondence between the Justice Depart- ment and the Mayor. The revistions'were drafted in conjunction with the.Law'Denartment. Pursuant''to.a discussion'.with-Chairman Silverman, I am'suagesting that these: proposals be receivedat,the Civil•Service.Board meeting of June,6 and be scheduled for public hearing on June.27. s The propoed amendments do not affect the appellate functions or'the rule -raking •• functions, of .the Board Those functions ;remain.intact=in"Rules:I4,.1,6:.and"18 ..`-In ad- dition, expanded functions of the.Board are specified in Rules 4 and 17.• Rule 4, Policy Functions,is intended to amplify the role of the. Board in formulating personnel policy for the Citygovernment, consistent with the Model Law recommended by the National Civil Service League. Rule 17, Prohibited Practices, is intended to fill a long-standing void in the Civil Service Rules, giving the Board the authority to investigate allegationsof fraud and to impose appropriate sanctions. Many of `the routine administrative functions of the Board would be delegated to the Departaent:"of Human Resources. This would meet the suggestions of the Justice Depart- ment that responsibility for compliance with the Consent Decree and with Federal laws and regulations be vested in<the City's professional staff. Nevertheless, the proposed Rules preserve: for the Board those administrative decisions that affect the integrity .of the merit system.: These include, for example, the authority of the Board to by-pass names on open and promotional registers (Rules 8.3 and 3.4); approve appointments that may be outside of normal, routine procedures (Rule 8.8); extend probationary periods (Rule 9.6); approve transfers to other classifications under specified conditions (Rule 11.;1);.,approve job assignments that are beyond the routine scope of Rules (Rule 11.2) make decisions on unsatisfactory service ratings (Rule 13); and authorize return from military leave beyond the normal 90-day period (Rule 15). Other changes`in the proposed rules include the following: 1. Adefinition of the unclassified service to clarify current ambiguities in the appointment of City. Commission'' staff, other unclassified personnel, and especially CETA employees. It is the intent of Rules 1.2 and 1.3 to include CETA employees, to the extant feasible; in the classified service. This should minimize administrative and moraleproblems by using the" same selection methods and the same job standards both for CETA.employees:and for other classified; personnel. This would also facilitate com- pliance witt' Federal regulations by providing opportunities for CSTA workers to be "transitioned'' into unsubsidized employment. When equivalent selection procedures are impracticable, the CETA jobs would remain unclassified. Th.: CivFL Sereice Board Page 2 'June 1, 1978 2. A,clarification of the role and functions of the. Chief Examiner.. Rule 2.3 provides that the Chief Examiner will assure that examinations are provided, eligible 1i:tts are -established, -and appotnttnents are made in accord with Rules'of the.Board. Basically, this confirmsthe role 'of the Chief' Examiner as it. has traditionally functioned in>'Miant. Rule 4 also clarifies the .role of the Chief. Examiner in the review:and resolution of complaints. 3. 'Ei:imination of the current Rule .4.on classification. Job classification is not a Charter function of the Board, and the Board's role in this process has never been more than advisory to the City Manager. Deletion of the Rule will remove a source of confusion.' It will also help assure compliance with the Justice Department sug- gestion:that--the determination of job requirements, as now described in class.specifi- cations,.be delesated to the professional staff. 4. Assignment of responsibility for job announcements, examinations and eligible registers to;;the Department of Human Resources. Rule 5 is intended to comply with the Justice Department suggestion that minimum requirements be set by professional staff in accord'';ith Federal requirements. Similarly, Rule 6 is intended to meet the require- nents of the Consent Decree and the suggestion of the Justice Department that City s'3lection:Procc ure:., be validated in accord with Federal guidelines. In addition, this Rule reflects the policy established by the City Commission assigning test validation iunctions to the Department of Human Resources. Rule 7 essentially reflects current practice and assures consistency with the provisions of Rules 5 and 6. 5. Revision of the certification procedures to meet the suggestion of the Justice Department, which has concluded that present procedures impact adversely on women and minorities. Several models were considered and rejected in favor of less extreme re- visions. Jacksonville, Florida has recently adopted a procedure of "random certi- fication" --regardless of test score --at the urging of the Office of Revenue Sharing. Many other cities have adopted a procedure of certifying all eligibles on each register, as recommended by the National Civil Service League. Both of these alternatives were rejected on the grounds that they do not place sufficient emphasis on the need for well -qualified employees in City jobs. A procedure for "selective certification" as used by many public agencies was also rejected on the grounds that it does not provide an opportunity for top candidates to be considered. A three-part procedure was therefore developed in Rule 8: (1) Certify the top 5 candidates on each list, in accord with the current trend toward "expanded certification," as reflected most recently in the Federal Personnel Management Project. The Federal report proposes a "Rule of 7" in place of the traditional "Rule of 3." (2)-Certify 3 additional names of minorities or women when this will help to meet the requirements of the Consent Decree or other Federal requirements. This follows the lead of such traditional Civil Service agencies as the State of Washington and the City of Milwaukee, Wisconsin, which established its Civil Service system in 1895. '; i To: The'Civil'Service Board Page 3 June 1, 1978 Certify not more than 3 names;of candidates who meet special qualification requirements.This amends the long-standing concept' of ;"selective certification," as used in most Civil Service agencies,' because. it .permits simultaneous consideration of the top names --rather than by-passing candidates at the head of the register, which is the more traditional practice. In many cases under the proposed Rules, only the top 5 candidates would be certified. When a department is falling short of its goals, or when special requirements are present, additional names may be referred. In any case, the appointing officer would always be working with the best available candidates --not with candidates referred from the bottom of a register nor from a random list determined by a computer. The new Rule 8 also amends the procedure for certifying from non- competitive and labor registers. Instead of referring the entire list, certification may be limited to those who are most qualified. This procedure should strengthen the merit principle and assure that top candidates have first apportunity for employment consideration. Miami's present Rules have the effect of setting rigid appointment pro- cedures for such jobs as police, fire and clerical work --while providing no limitations on the appointment authority for professional, supervisory and labor jobs. The new Rule 8 should have the effect of providing more flexibility in the merit system and more emphasis on merit in the Civil Service system. A variety of other less significant changes are intended to assure internal consistency and to meet the suggestions of the Justice Department. The basic thrust of these re- visions is to balance several legitimate interests: (1) the interest of the Justice Department in assuring that the City fulfills its obligations under the Consent Decree; (2) the mandate of the City Commission to develop a more effective affirmative action program and to assure continuity of Federal grant funding; (3) the desire of City em- ployees to maintain a sound merit system; (4) the public interest in responsive, ef- fective government; and (5) the legal necessity to assure compliance with the Charter obligations of the Civil Service Board. It is intended that the proposed Rules preserve and enhance the Charter responsibilities of the Board in making Civil Service Rules, in hearing employee appeals, in establish-. ing personnel policy, and in protecting the integrity of the Civil Service program. Copies of this memo are being sent to the Mayor, Members of the City Commission, the City Manager and the City Attorney.- This is intended to assure that key elected and appointed officials will have an opportunity to study the policy issues involved in thm prnpn @d lrnenrlm n>•p ITO cn mn1ct nnv nmont1PRn Mint TRaK 4PgM aRPFsPf1 . 118 8=P (Wit t chw.10 Ong avo i 440.6 g41 Mom %Idufl.ie A, it'nffp ctt f ll4l did i; Ao.00 h �i, 444410 (4I11 Atumlpy 60404 4 F, 414$, :,r, 1. PROPOSED AMENDMENTS CITY OF MIAMI 'CIVILSERVICE RULES AND REGULATIONS, RULE 1 DEFINITIONS "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. "Unclassified Service" comprises those positions specified in 1.1. 1.2. Section 62 of the City Charter ance with the followings which shall be interpreted in accord - (a) The City Manager's "Assistants and Secretarial staff" allmembersof 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 heads of all shall include departments agencies and offices created by City Charter, ance or City budget City ordin under the direction of the City Manager. (c) "Assistants to department heads shall include five positions in each City department, agency or office as the City Manager. not to exceed authorized by o those positions. specified by title in paragraph (1) (c) of Section 62 of the Charter. Such positions shall be in addition 1 • •1 with the (d) Positions funded under Federal grant programs shall be unclassified only when the Director of Human Resources determines that accordance it is not feasible to select employees for selection requirements of .these rules. such positions in rights appointed to Personnel with permanent Civil Service unclassified positions shall retain and continue to accrue Civil Service rights in the classified position from which the appointment was made. comprises all positions not exempted by these rules. The Charter shall be inter. in Federal grant programs>whenever 1.3. "Classified the Charter in accordance with preted broadly to include employees the Director of Human Resources determines that it is feasible to select such employees in accordance with the selection requirements of these rules. The "Classified Service" be designated competitive,, shall be dividedinto three classes to non-competitive and labor. 1.4. "Competitive Class" shall include all positions and employment f' ppli for which cants by it is practicable to determine the merit and fitness of :a - competitive examinations as determined by the Director of Human Resources. 1.5. "Non-competitive Class" shall include all positions requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character as may be determined by. the. of Human Resources in accord with the Charter. "Labor Class" shall include unskilled labor. 1.6. Director "Permanent Employee" means any employee in the classified service after serving a, to a probationary position 1.7. who has been regularly appointed,, positionwhich normally involves continuous year-round service. 2 1.8a."Probationary employee" means any employee in the classified position but who ,has not, A probationary employee service who has been regularly appointed to a the required probationary period. returned `to a former classifica the employee held permanent status,, or be dischargedif position, upon being notified in writing, but shall not completed has no Civil tion in which in an entrance Service rights and may b be accorded a` hearing before the Civil Service Board. 1.8b. "Probationary Period" is that period of service which an must complete prior to obtaining permanent appointment. 1.9. period "Temporary Employee means any employee appointed for; a for a special project, or to'replace `a regular employee employees accrue no Civil Service rights in their temporary employee Temporary p classifications. specified on leave. either by (a) an authorized (b) creation of aposition "New Position" means a position created. of a position to an organization unit, existent, or (d) reclassification of 1.10. addition not previously "Eligible Register" through suitable examination specified class 1.11. a class. previous. position. s a list of persons who have qualified for employment in positions allocated to a or to a limited number of clearly defined positions 1.12. "Promotion" means a transfer made in from a lower to a higher classification` within accordance with these rules 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. "Advancemt" means a transfer made i''w-.accordance with these rules to a classification which has a higher salary ran1e and for which. there was no requirement that the employee must have first held status in a lower classification. 1.14. employee is used when an higher level or "Demotion" is a reduction in is found to be` unsatisfactory classification and status. for disciplinary reasons. 1.15. "Return to Former Classification" is tion in which the employee change in classification, due to voluntary request or other reason not involving discipline. A demotion in the employee's a reversion to a classifica- held status prior to Promotion. advancement, or appointment to the unclassified service, 1.16. "Change in Classification" is a change to a different with no change in pay range or a change to a classification with a lower the employee held no previous status.' A change in sed on a voluntary request. or other reason not in pay range in which based classification is volving discipline.:, 1.17. classification "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 responsibilities as- by competent authority, requiring the full-time or signed or delegated part-time employment 1.19. of one person. applicant will "Age Limit" is the established limit on age. An to be within the age limit for examination if the anniversary be deemed of his birth date falls 2.1. within one month of the date of RULE ORGANIZATION AND DUTIES the examination. Immediately after appointment the Board shall elect one of its members as Chairman, then elect one of its members to serve as Chief Ex- aminer and Secretary. The Board shall next appoint an Executive Secretary. 4 by Any three.(3) members ofne Board shall constitute quorum. Selection of the Chairman, Chief Examiner -Secretary and Executive Secretary shall majority vote. of the Board members present, Duties of the Executive Secretary. It shall be the duty of the Executive Secretary to keep minutes of all meetings of the Board, to >f the staff in accordance with the provisions appoint other members 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 shall be ex officio director of personnel for purposes of Section 65"of the City Charter. 2.3. Examiner: Duties of the Chief Examiner. It shall be the duty to verify and maintain lists of ;eligibles be 2.2 of each class meeting the requirements of said regulations. service shall from and; after be all minutes and of the Chief records of the Board. The Chief er shall provide examinations in accordance with regulations of the Board of the services of those Positions in the classified Examin- filled by him from such eligible lists upon requisition consultation with the City Manager. 'These Charter functions shall be interpreted in accord with the provisions of these Rules and `Reg - ulati.ons court decrees, The purpose of such interpretation is to assure compliance with Federal selection guidelines, grantrequirements and other governing regulations. These functions shall be performed'in accord with the following interpretations: (a) The phrase "provide examinations" means to assure that ,exam - the .'Director`of Human Resources under the".provi- inations are prepared by sions of Rule 6. that el under (b); The Phrase "maintain lists of eligibles"; means to assure igible registers are established by the Director. of Human the provisions of Rule 7. Resources (c) The phrase stating that positions "shall be filled by him" means the Chief Examiner shall assure that positions are filled in accord with the provision of Rule 8 bears ultimate responsibility to assure that these in accordance with the Rules and Regulations of performed The Chief Examiner functions are the Board. 2 . 4 : Department Rules: The Director of each department shall make the rules forthe conduct of his department. Such rules shall be subject 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 designee shall sign all vouchers involving the expenditure of funds appropriated to the approval of 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 Human Resources shall sign all payrolls certifying that sified service each person named'' thereon holding a position in the clas- has been appointed or employed in accordance with the provisions of the Charter and of the rules established thereunder. Duties: After the Chairman, Chief. Examiner and Execu been chosen, the new board will next adopt the' existing 2.6. have tive Secretary rules of the amendments as it may elect to make or•it may adopt an of rules, subject to the approval of the City Board with such entirely new set The Board shall City Commission. determined by the City `Commission ated Commission. perform such other functions as may', be delegated` by the The salaries of the Board and its employees shall be and a sufficient sum shall be;appropri- each year to carry out the Civil Service provisions of the City Charter. 2.7. Appearance Before the Board: Anyone desiring an appearance be- fore the Board shall confer with the Executive Secretary who :will make the necessary arrangementsor 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 Boardmeetings. shall be set up prior;to the time scheduled for the Board to meet. RULE 3 OFFICIAL, RECORDS The Executive; Secretary shall keep a minute. proceedings of, the Board as' required 3.1. Minutes.Board; of the official The Board 3.2. record under these rules. s minutes shall record all official actions of the Board. Personnel Records: The tain official personnel procedures necessary to protect the privacyand confidentiality of such records, consistent with the provision of law. The Director shall also Director of. Human Resources shall main records of classified employees and shall establish record's management program for the maintenance and disposition records consistent with the provisions of State establish a of official personnel law and local ordinances. RULE ... POLICY FUNCTIONS OF THE BOARD the Civil `Service Board;to review and policies .to the` City Commission, the Resources, and other departments and It shall be the duty of and improved personnel the Director of Human recommend new City Manager, agencies of the City government. In fulfilling this responsibility, the Board may from 7 time to time conduct public hearings and may in its discretion, take Urirleepath frOM`Ci.iy. ofresidents of the employees and their City,' City representatives, and experts in the field of person- nel administration. minutes of the submit to the City in the Resources.; The Board may place its findings and recommendations Board or in written reports which the Board the Director of Human Commission Co the City Manager and may Examiner; may review any complaint ofan applicant for employment and may make recommendations to the' City Manager and the of Human Resources for resolution of such complaints in.accord- The Chief or promotion Director ance with the provisions of these rules. RULE 5 APPLICATION FOR EXAMINATIONS Announcement: the classified service 5.1. All announcements of examinations for positions shall be issued; by the Director of Human in Resources in the City Employment • and shall' be posted in the; Civil Service Office, places as; the Director of Office and in' such other Human Resources deems necessary advertising in the ethnic media press when outside advertising is desirable. advisable.This will include and The in the general announcements shall specify the title and salary range of the clas- or positions for which the examination is announced, of the work to be performed, the qualifications necessary or desirable for the performance ofthe work; the time, place and manner of making application; whether recruitment or flexible closing date for sification receiving applications; will have a fixed and other pertinen 8 the'. nature information. t 5.2. 'Application Forms: Applications shall be made on forms prescribed by the Director of Human Resources. Such forms shall require information covering training, experience, references and other pertinent information. Such forms shall Each application must be signed by the person applying. comply with Federal requirements. 5.3. Residence: All applicants must be residents of the City of Florida, except when the Director of Human Resources determines that prior recruitment experience or other relevant factors make broaderrecruitment necessary in order to attract qualified applicants or to comply with Federal requirements or court orders. given to residents of the City``. preference will serve the best achieving compliance with appl Preference in certification may be or. of specific neighborhoods when such interests of the City or will assist in cable law or regulation. Employees must maintain residence in accord with requirements established by the City Manager. 5.4. Miami, Human Resources shall reject an application which does. not indicate on its face that the applicant Disqualification;. possesses The Director of the minimum qualifications required for the position orwho fails to file unless by the announced closing date for prior>to such date an extension has been shall be rejected if the applicant is physically unfit for of the the position to which he seeks appoint- duties tions also the performance ment; is addicted has made liquor; or attempted to Applications crime or may be rejected receiving applications, publicly posted. Applica- to the habitual excessive use of drugs or intoxicating any false statement of -any material fact,, or practiced, practice any deception or fraud in his application'.`; if the applicant has been convicted of a 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 Human Resources; provided, 9 `In discharge appointment RULE 6 EXAMINATIONS',;. All open examinations shall be open to all qualification requirements as the particular duties of the classification or position <is sought Examinations may be assembled or however, that applications more than two years old may be destroyed with- out notification. 6.1. Open Examinations: persons who possess the minimum by the Director of Human Resources. Such examinations may or non-competitive and may be restricted to employees in the service of the City or to applicants who meet eligibility criteria for grant programs. be established competitive 6.2. Promotional Examinations: Advancement within the Classified ,. Service shall be through promotional examinations which shall be open who meet the necessary requirements and who are all employees an appropriate class as Promotional examinations be limited, determined by the Director of Human to serving:. in Resources. may be competitive or non-competitive o a single department or subdivision thereof. While vacancies in higher positions filled by promo Human -Resources such positions employees, 6.3. practical and may shall, as far as practicable, tion or advancement from'lower,positions,.the.Director of on recommendation of the City` Manager may direct that shall be filled by examinations open not only to City - but also to other qualified persons. Contents of Examinations: All selection procedures shall be and shall relate directly to those matters' which n character will fairly determine the relative capacity of; the person examined'to o..which unassembled and may include written, oral, physical, medical or performance tests, 10 apprenticeship or on-the-jLL.J training programs, or ancombination of these or other recognized selection procedures. They may take into con- sideration reasonable factors such as education, experience, aptitude,. knowledge, character, physical fitness or any other qualifications in the judgement of the Director of Human .Resources mination of relative. 6.4. Veteran's fitness of applicants. Preference: In certification which enter into the deter - for appointment, in appoint- ment, in re-employment, and in promotion, preference shall be given in accordance with the State of Florida' Statutes, as amended. Veteran's preference the Rule of Lay-off, Resignation and Reinstatement. 6.5. Method of Rating: Sound measurement techniques and procedures shall be used in rating relative ranking of candidates. by which eligibility mayy the results of examinations and determining the In all .examinations,'the minimum rating. be achieved shall be established by. the Director of Human Resources, who may also determine a minimum rating or standard for progression to successive steps in a total selection Rating of Examination Results: Passing grades for each examina- tion shall be established by the Director of Human Resources. The names of applicants receiving passing grade shall be, entered on the 6.6. in retention shall be given in accordance with ate eligible register and a copy shallbe submitted to 6.7. procedure. appropri- the Chief Examiner. Seniority: (a) Credit for seniority shall be given, only for actual service i which promotion This shall the date n the classification in the Police or Fire Service from is sought whether such service 'has been continuous or not apply in re-employment. Seniority shall of original application according to the table shown in Su section 6.-7:(d) .'; (b), In Fire Department: promotional examinations be computed as of the number o points earned under Sub -section 6.7(d)shall be added to the standard not. minimum passing score and shall have a weight of two (2) out -'of . ten (10) in determining the final grade excluding veteran.`s preference,` (c) Seniority for Police Sergeant, Police Lieutenant, Captain: The promotional examinations prepared and administered, due. and Police by an independent testing agency, as required by Court Order in Case #71- Civ-CA shall compute seniority in accordance with Sub -section 6.7(e). number of points earned shall be multiplied by two (2) and divided by 1887 The ten (10), with the product then added to the examination score to adjust the grade earned. Upon release from the subject Court Order, promotional sub -section shall be computed as outlined examinations listed in this in Sub -section 6.7 (a);► (b) and (d) 12 (d) (e) For the first 6 months For each full monthof the second 6 months. For the For the third full year --- - - ----- ------- For the fourth full year --- -----" -------- For the fifth full year-----------'- ------ second full year r the sixth full year For the seventh full year ------- For the eighth full year ---- For the ninth full year For the tenth full year 0 1/,3. For each additional year after 10 years ---- 1/2 Maximum fourteen (14) years --- ---- --------' 1/2` For the first 6 months -- For each full month of the second 6 months For the second full year For the third full year. For the fourth full year ----- -- For the fifth full year - - or the For the For the sixth full year ---------=""-'"---- seventh full year'------ eighth full year - ------ ----- - For the ninth full year -------------- For the tenth full year For each additional year after l0,years ----- 1/2 1/2 Maximum fourteen (14) years'=-- 13 1 2 RULE 7 ELIGIBLE REGISTERS 7.1. Promotional and Open Registers: The Director of, shall establish and maintain such promotional and open registers for the various classes or positions as he deems necessary or desirable to meet the needs of .the 7.2. on com service. Human. Resources. placed In Order of Names on Registers: Names of eligibles shall be. petitive registers in the order of their final earned rating. 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 Names of eligibles shall be placed on non-competitive registers a by the Director of Human Resources. In the case; of open ermined uous or intermittent recruitment, competitive registers in interview. s det contin- names ofeligibles shall be added to accordance with their scores itive registers as determined by 'the Director of Human Duration of Registers: The term o 7.3. and of the names Resources at not and to non-compet- eligibility Resources. each register by the Director of Human appearing on it shall be fixed less than one (1) yearnor morethan two (2) years. more than one (1) year may be Any register that, has, been in effect for abolished or extended at any time by the Director of Human Resources. For the purpose the date the eligible register 7.4. of this rule the life of an eligible register begins on is established. Availability of Eligibles: It shall be the responsibility o eligibles to notify the Director of Human Resources in writing of any change of address or other change affecting availability for employment. 14 7.5. The name of any person appearing on a requests. in writing`' that namehis. Removal from Register: register may be removed by the Director of Human Resources if e eligible located by postal authorities or other five (5) eligible three separate times and be removed or if he cannot be means of ordinary communication within days following the date of notification._ The name of any may also be removed if the name has been certified for appointment has not been appointed, or if the eligible has waived appointment twice in the same class of position. Any cause speci- fied in these rules for the rejection of.;applications may likewise be. cause for the removal of the name of an eligible from the registeron which it appears. 8.1. RULE 8 APPOINTMENTS, PROMOTIONS & ADVANCEMENTS From Eligible Register: Except as otherwise provided in these Rules every vacancy in the classified service shall be filled ment from the appropriate eligible register. Appointments shall be made to, or employment shall be given in, all positionsin the classified service by selection of persons certified by the Director of 8.2. Manager Request for CertificatiOfl (Requisition):' Human-. Resources. Whenever the shall request certification from the Director o by ,appoint - City Human 'Resources for appointment to', or employment in, any position in the classified ser- vice, he shall specify the title and duties for such position, so that certification may be made from the appropriate eligible necessary, aregister may be prepared as the result: of an proper eligible examination held 8.3. for that 'purpose. register, or when Certification from Open Competitive Registers: (a) Certification from open competitive registers for positions other than Police Officer. 15 h• The Director Of Human Resources shall certify from the appropriate eligible register the five (5) 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 exceptionalconditionssatisfactory to the e r Board shall the names of eligibles be passed over. (b) Certification and Selection for Position of Police Officer: The Director of Human Resources, as soonas practicable, shall certify from the Police Officer eligible register at least "25%.of the register, eli ibles at anytime, who stand highest' thereon fifty not to exceed giving their names made for appointment from the eligibles thus referred, and additional eligibles shall be referred, as necessary. (50) 9 addresses and examination grades. Selection shall be The Director 8.4. Certification from - Promotional Competitive Registers:. of Human Resources shall certify from the appropriate. register for names of the. five (5) persons who stand highest;' there conditions, satisfactory to the Board, shall the names"' of vacancy the under unusual eligibles be passed over. each on. Only 8.5. Certification from Non-competitive Registers: The Director" of Human Resources shall certify a list ofcandidates which maybe limited to those whom he deems most qualified. 8.6. Certification from sources shall certify from an established eligible register a list.. of which, may be limited to those he deems most qualified. candidates Labor Registers: The Director of Human "Re-'. 8.7. Additional Certification:;" In additiOfl to the names certified as provided above, the Director of Human Resources shall certify front the same or another appropriate list the names of the three persons standing as follows next highest 16 (a) ' (b). Three (3, £nembers of the affected cl SS as prescribed in the Consent Decree, United States of America v. City of Miami; or Three (3)members of appropriate protected groups as defined in Federal regulations'. when such additional certification will or promotional goal tive action plan established other requirements of protected groups of Human Resources member of assist the City in meeting hiring s established in the Consent Decree or in an affirma in accord with Federal laws, regulations or or when an examination has adverse impact upon members When more than one (1) vacancy exists, the Director. shall certify the the affected special requirements next name on class or protected group, as the register appropriate. If and the next of sex, domicile or the possession of special qualif cations are properly justified, the Director of Human Resources may also certify the names of not more than three (3) persons who best meet such special requirements. or other appropriate Director of Human Resources remaining or _may establish a of the City's merit system and When there are insufficient list to certify the number prescribed above, the names on the register may require appointment from among the names Decree and other Federal new register in order the applicable requirementsof the Consent requirements.` to meet the,: objectives 8.8. Appointment: Appointments, promotions and advancements. made from a list of names certified by the Director of Human Resources except as otherwise provided in these Rules or approved by the Board. 8.9. Temporary Appointments in the absence of Eligible Registers: In the absence of an eligible for filling a vacant Human Resources shall be register and whenever there are urgent reasons position in the classified service,' the Directorof may refer subject classification applied for the those he deems most qualified. Applicants not from the applicants who have 17 coming from eligible registers shall meet the minimum requirementsfor competition in the examination for the position being filled. A"temporary appointment may be authorized by the Director of Human Resources for a specified period of not more than ninety (90) days, or to replacean em- ployee on leave of absence, or to fill a temporary position established for a period of less than one (1) year. The appointee may hold the posi- tion until an eligible register is established. n emergency„ interim or temporary promo - made necessary by reason of 8.10. Temporary Promotions: A tion from a lower to a higher classification disability or other cause `.for "absence of the regular employee, authorized with full terminate from an tion shall accrueto said employee. 8.11. Method of Qualifying Incumbents" of Classified `Positions "Allocated to New or Higher Levels: Whenever an occupied position has, been, allocated to a newor diffefent class, the incumbent thereof shall be qualified for the new class in one of the following manners: (a) If the incumbent has been performing satisfractor- ily at the new or higher level for a period of four (4) years or more and has held permanent status in the previous classification, he shall receive the new orhigher classification with permanent status,`.' without further examination; or 18 (b) If the incumbent has been performing satisfactor- ily at the new or higher level for a period of two (C) 8.12. suant t amendme (2) years or more and. less than four (4) years, and has held permanent status in the previous classifica- tions he 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 shall receive the new or higher classification with perm..,.;:' anent status. In the event the incumbent does not qualify under (a) or (b) above, he shall be processed in accordance. with the'lay-off procedures and the position filled Departm have a right to detail personnel higher responsibility, wit o election h or reorganization but shall continue transitional period Service rights in their permanent Civil 19 o accrue Service classification. Civil 8.13. Notice in Writing: Immediate notice in writing shall be liven by the Department Director to the Director of Human Resources of all appoint- ments,(permanent and temporary), pensions and vacancies transfers, from any cause, Promotions, and the date resignations, sus - thereof,, and a 'record of same shall be kept by the Director of Human Resources. position is created or an old one abolished or consolidated with another of different classification, the Department Director interested shall Whenever:a new immediately report same in writing to the Director of Human 8.14. Change of Status to Unclassified Service: Any of Miami who holds permanent Civil Service status and is appointed or as- signed as a Director of a department or to any other position in the un- service, shall be returned Resources classified employee of the City to the rank from which said employee has been promoted under personal request of the employee or when said non - is removed from said Civil Service employment ceases, or when said employee non -Civil. Service employment. Seniority credits in the permanent. Civil Service classification held by such employees shall accrue. to the said employee while assigned to such non -Civil Service employment. A.probation- ary employee, who has been appointed to a position in the unclassified service, may accrue Civil Service credits with the approval of the Civil on completion of the normal probationary period. Applica- Board up _ - for such rights must be requested by the probationary employee and Service tion approved by the head of the department in,whichhe held his classified position. Such non -Civil Service employment shall not bar employees, holding permanent Civil Service status, from qualifying for promotional. the classification next higher to their permanent Civil examination to Service classification. 20 8.15. Police Promotions: Eligibility to take the promotional examination for Sergeant of Police shall be limited to those employees ent status as Police Officer, and who and educational requirements 36 Months - High School. or equivalent Associate Degree 32, Months 28 Months Bachelors Degree 24 Months holding perman- also meet the following time Masters, DoctOrS or Law Degree Allofthe above -mentioned time -in -grade shall be factory service in the classification of. Police Offier. in -grade actual continuous `satis- All of the collegedegrees mentioned above shall be the fields of: or universities and shall be in Police Science Police: Administration Public Administration Business Administration Criminology Psychology° Sociology Law or such similaror related fields of Human Resources. Employees with two service in the classification of Sergeant Director tinuous shall satisfactory rom accredited colleges be considered eligible as approved by to take a the 'City Manager ;.and . ,the (2) years : of _� a actua Police competitive promotional examination for Lieutenant ofPolice. Employees with two satisfactory service in the classification of be considered eligible 21 (2) years of actual continuous Lieutenant' of Police shall /'- eligible to take a competitive promotional examination for Captain of Police. Any person promoted to these classifications may be assigned anywhere in the the consent of the person so promoted. Police. Department without who wen -snot promoted to these result of reclassification from the old classification Police Detective, Police Lieutenant,' Police Detective nt, and Police Captain shall not be Detective Lieutena any former uniform, or detective persons concerned. of. Police Sergeant, Sergeant, Police interchanged between positions except with the approval of the Only employees qualified as set forth in the preceding subsections hereof and in the' other pertinent sections of these Civil Service Rules and Reg - shall be eligible to hold such promotional positions ulations 8.16. Fire Promotions: Employees with four (4) years of actual°continu satisfactory conside Lieutenant. service i ible to take a competitive promotional examination for Fire Captain. Employees with two (2) years of actual continuous satisfactory the classification of Fire Captain 'shall be considered eligible to a competitive° Only employees promotional examination for Chief Fire Officer. qualified as forth in the preceding and in the other pertinent; sections of these Civil ulations shall be eligible to -hold 8.17. Promotions Upon Retirement: Any officer of the Police Division or uniformed member of the Fire Division may, upon retirement, be promoted without examination, to the next higher rank in the service. This promo service in take subsections hereof• such Service""Rules promotional positions. and 'Reg- tion is to be based entirely upon the recommendation of the Department Head, and is an honorary promotion, carrying no Civil Service rights or status. 22 RULE 9 PROBATION 9.1 A 'ProbationaryEmployee" is an a classified position employee initially employed in or an employee who is in the classified service, but who has"been promoted, advanced', demoted not completed the probationary period -provided in Sections and who has 9.2 and 9.3 or changed in classification 9.2. No initial appointment, advancement, promotion,' demotion or change in classification in the classified service shall be deemed complete until actual service in the position to which appointed, have been completed. a probation period of advanced, 9.3. or change in classification shall The required period of probationary services shall be as follows: Upon the initial appointment or advancement to promoted, the position of Police Officer, probationary service shall be eighteen (18) months. the period ;of Upon the initial appointment or advancement to the position of Identification Technician .I or Firefighter, the period of probationary service shallbe twelve (12) 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 (6) months nor more than twelve (12). months. 23 9.4. fication be discharged aid probationary employee. may be returned to his former classi- or, in the event he holds no permanent status in to the expiration of or reduced in rank at any time prior the probationary period upon receipt written notice of discharge Department 9.5. approved by the or Director of by said probationary reduction in rank from the Human Resources.' any class, may employee of a Director 'of the No employee, serving a probationary period ina position to he has been promoted, shall be discharged within such probationary shall only be reduced to the classification in which he has which period but permanent Civil Service status. opportunity to fill any vacant position and, if there is no such vacancy in that permitted to replace, city-wide, that person with the lowest lay-off score in that classification, lay-off given an Such employee shall first be in the subject classification: classification, he shall be score to be computed in the manner as described in Rule 12, Section 12.1 (3) (c). 9.6. No probationary period shall be extended beyond set forth in this rule, except upon approval of the Board. A probationer" whoa' is dismissed from an a statement in, writing 9.7. submit case the time limit entrance position may Director of Human Resources in which Director of the department concerned of the Director of Human Resources, to the his; statement and that of the opinion shall be reviewed. If, in the it is in the best interests of the City to permit the individual opportunity for employment, said individual's the eligible register of the classification position on the said eligible register. 24 another name shall be returned to concerned, in its original has served the required from a position in one department to department', upon approval of the head of the two departments concerned probationary period may betransferred a positionof the same class in another and o<;be transferred, without having to serve Nothing herein shall be construed to assign or reassign employees with the consent of the employee t an additional probationary period. interfere with" the; right of the City Manager to within a given the various departments as he deems in the best interests irrespective of consent of 'employee assigned. the transfer of an employee from' one class to another in the same salary range when the minimum qualifications are equivalent. The Board 9 .8 . When an employee is appointed from an eligible register to a permanently budgeted entrance or promotionalposition of a temporary. nature, toreplace a permanent employee on leave of absence without pay or a permanent employee who is.serving on a special project or ,appointed funded by special grants," he. or from an eligible register to a position she will be appointed in probationary in writing, recommends approves status unless the Department Head, against it, and the Director of the Department Head's recommendations. Human Resources RULE 10 EMPLOYEE ORGANIZATIONS.;< NO CHANGES - RENUMBER IN THIS FORMAT RULE 11 TRANSFERS Inter -Departmental Transfers: Any employee in the classified service who class among of the service, may also authorize 25 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 (30) working days in any one (1) calendar year without permission of the. Board. No person shall be employed for more than thirty (30) working days on duties other than those described or implied by the class specification. unless said employee has been qualified therefor by examination and ie appointed in accordance with these Rules; or unless said employee has re- ceived an emergency, interim or temporary promotion in accordance with these Rules; or unless said employee has been detailed under a reorganiza- tion plan in accordance with these Rules;. or unless approvedby the Board. Assignments to perform and similar changes in other and not of the. position held, not to be of employees in the Division of Fire' the same duties in various districts, departments of the but where: there is construed as transfers but as' routine details. Notwithstanding the unit may be assigned provisions of the Section' Board of Section Section. provisions; of this Rule, employees in a bargaining to work out of their classification in accord with. appropriate labor agreement and the Division of Police and to assist each other, location of the employment, change in salary, are no RULE 12 LAY-OFF, RESIGNATION AND REINSTATEMENT 1. Renumber as 12.1. In subsection. Executive Secretary: and substitute 2. Renumber as 12.2. Renumber as 12.3'. 26 3c., delete Civi 'Director. of Human Service Resources." Section 4. Renumber as 12.4: Section ▪ Renumber as 12.5 Section 6. Renumber as 12. of Human Resources." Section elete "Board" and. substitute "Director ▪ Renumber as 12.7. Delete "Civil Service Board" and "Director of Human Resources. RULE SERVICE RATINGS 13.1. Reports Required: Service ratings relative to the conduct of employees in the classified service shall be made by. the Depart ment Director on forms: prescribed by the Director of Human Resources. substitute 13.2. of efficiency that the conduct and/or efficiency of any employee has fallen below an shall be called before the Board ability and to is Unsatisfactory Ratings: Whenever it, shall acceptable level. that employee appear from the reports no reason show cause why he should not be removed, and if, upon hearing, shown satisfactory to the Board, he shall be removed, suspended, or reduced i grade, as the Board shall determine. 13.3. Conduct of Hearings: Whenever it becomes necessary to call before • • the Board any employee whose conduct and/or efficiency has fallen; an accepted level, the hearing shall be scheduled below` as soon as 'practical.` Both the employee and the Department Director shall be notified, reasonably in advance, o present w ulations the t ime and and shallhave the right to place of hearing, witnesses and evidence in as established by the Board. 27 accordance with the .Rules. and Reg- The Board, after hearing, shall make its decision which shall be final and which shall be duly recorded in the permanent records of the depart- ment and Board. The Executive Secretary shall, notify the employee of the. Board's decision.' RULE 14 DISMISSALS, SUSPENSIONS DEMOTIONS AND RESIGNATIONS NO CHANGES - RENUMBER IN THIS FORMAT RULE 15 HOURS OF."WORK,- ATTENDANCE AND LEAVE NO CHANGES - RENUMBER IN THIS FORMAT RULE 16 GRIEVANCES AND ABUSES 28 Except as; required by RULE 17 PROHIBITED PRACTICES Statute or no person` in the classified servi be favored or discriminated against in affiliations, person sha statement,' national origin by a court of competent jurisdiction, ceor seeking admission thereto shall any way because of his race, :color, , or political or religious opinions or q nor because or age or sex as prohibited by statute. No 11 willfully or corruptly make or cause to be made any false certificate, mark, rating or report in regard to anytest, ,, promotion, demotion,; removal. or appointment certification marital status under the provision of these rules or in any manner any fraud preventing the impartial execution commit these Rules and Regulations. No person shall either held or made commit or attempt to of the provisions of directly or indirect - ly 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 layoff, or dismissal Any any test, appointment, promotion, demotion, person who violates the provisions of this rule,; besides the • ties 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 by the Board may be dismissed, suspended or demoted as determine RULE 18" CHANGE OF RULES NO CHANGES -' :'RENUMBER` IN ?THIS` FORMAT 29 legal penal - this rule the Board may CITY COMMISSION MEETING OF JUL2 4 1979 RIUfa_ owria�r�o. REGULATIONS NO CHANGES - RENUMBER IN THIS FORMAT 30 DEPARTMENT OF IIUMAN RESOURCES MANUAL This Manual summarizes the functions of the DepartnIent of Human Resources. The Manual lists the major functions of the Department and rnakes appropri- ate cross-references to the principal sources of responsibility and 1. AFFIRMATIVE ACTION The DepartmE.tnt of Human Resources is responsible for conducting and administering an Affirmative Action Plan adopted by the City Commission on January 11, 1978. The DeiDartrnent is also responsible for preparing semi-annual progress reports for submission to the Affirmative Action • Advisory Board and to the City COITIIIIi_SSiOri. The responsibility of the Department for this function is specified in Section 3 of Ordinance Tr8725 adopted by the City Cc)trartissiort on November 10, 1977 and in Section 2B of the City of Mi.4rni Affirnati.ve Action Plan adopted by the City Corninission on January 11, 1978. • 2. DISCRIMINATION COMPLAINTS It is the responsibility of the Department of Human Resou'r.'"ces to investigate and resolve complaints of app3..icarits and eniployees who allege discrimination because of race, color, religion, sex, national origin, age or physical or mental handicap. This responsibility, is assigned by Sec - CITYatittiestiooffl the Affirrnati.ve Action Plan and the Memorandum of Understanding C MEESINAS/FJui 15, 1977 for purposes of implementing the .Consent Decree. • CONSENT DECREE The Department of Human Resources is responsible for monitoring the ress and compliance with the Consent Decree and for preparing periodic pro g compliance reports to the U.S. officials of the City Departm government. ent of Justice and to operating responsibility is specified in the the City Attorney and representatives 1977 and approved by the City Man - further assigned This Memorandum of Understanding signed by of the Justice ager on July 15 a er prior to its implementation. under Section 2B of the Affirmative 4. MEDICAL, ,SERVICES, This responsibility is Action Plan. responsibility to The Department of Human Resourcesis assigned the establish and maintain medical services, including medical applicants, coordination` of medical services of employees and ployees injured in the line of duty, .a"preventative liaison, with the medical profession. ment is specified in Section 3(f) of OrdinaflCe #8526 adopted by the City Commissionon'January 20, 1976 and in the Administrative Policy issued by the City Manager as APM-6-78 on September 1, 1978. examinations for em- medical program and 5. This responsibility procedures that will establish and maintain" a safe vironment for all employees and reduce the cost This function is assigned in ' 3(b) ofOrdinance APM-3-78 issued by SAFETY The"Department of Human Resources" is responsible for Programs.y and healthy work en - losses. and .,by of the the Administrative Policy identified as Manager on March 24 1979. Depart - of injuries and and time #8526 the City adm COMPREHENSIVE EMPLOYMENT AND TRAINING ACT The Department of Human Resources inistraton of the CETA program.. participants; budgeting, and liaison with the U. concerning this with private non-profit agencies. accounting is responsiblefor coordination and This includes the proceSSirlg of .CETA and auditing for the CETA'program; Department and the CETAConsortium The Department does not `administer CETA contracts, • functio to all program. of Labor The basic responsibility for the CETA of April 131977 from the City Manager CETA Rules and Regulations adopted by nis contained in the memo Department Directors thein the U.S. Plan. Department' of Labor; 7. COUNSELING SERVICES`:' The Department of Human personnel 'information responsibility ance #8526'' and for this B. TRAINING The Department of design and administer training courses'and f related to for this employee development. and in Section Resources is f the Affirmative Action responsible support services to all City for providing`,'; employees The basic function is specified in Section ;3 (a) of:Ordin- Human Resources has the responsibility to identify, ormal'educational programs. The responsibility of the function is specified in<Section 3(c) as` APM-4-77 Administrative Policy identified, on October 25, 1977;;,and in -Section 10 of the Department f Ordinance,08526; in the issued by the City Manager Affirmative Action Plan. evaluating City work identify necessary tions. of WORK FORCE PLANNING The Department of. Human Resources is responsible s,including',the responsibility to current data on position descrip- force requirement skills and maintain The responsibility for this fu Ordinance #8526;;the Consent Decree for reviewing and t nction is specified in Section 3(d) and the accompanying Memorandum of Understanding signed on July 15, 1977; and Sections' Affirmative` Action Plan. 10. 7 and 9of the SALARY ; ADMINISTRATION is the respo'nsibility of the Department o_ Human Resources to employ - It administer assuring that rates for ment, promotion, advancement and other personnel transactions are accurate and appropriate. This responsibility is assigned by the City Manager's Administrative Policies' issued on April 16, 1978 as APM-5-78"and on • the salary administration plan, April 11, 1979 as APM-5-79. 11. related The ina STANDARDS'OF EFFICIENCY The Department of Human Resources is responsible for developing standards of efficiency for submission tc responsibility for this function is assigned nce #8526 and in Civil, Service Rule :13.1. the Civil Se in Section 3( job vice Board. h) of Ord - 12. PERFORMANCE REPORTS It' is the. responsibility of the Department' of Human Resources to ensure that reports of employee performance are in Section Sec 13. preparedand submitted accord with Civil -Service Rules. This responsibility is assigned in of Ordinance tt8526 and: in Civil Service Rule 13.1. PERSONNEL RECORDS The Department of Human Resources employe bility is responsible for maintaining all e records, including records of all personnel for this; function of 'Lhe Departi�tent is of Ordinance actions. Responsi- cton (e) assigned bySe, tr 8526 and by Civil Service', Rule 3. 14 PAYROLL CERTIFICATION; . It is the joint responsibility of the Chief Examiner and the Director of Human Resources to certify City payrolls. This function is prescribed in Civil Service Rule 2.5. RECRUITMENT The Department of Human Resources is, responsible for establishing and maintaining a; recruitment program that will provide an adequate supply of 15. qualified applicants for City employment. The responsibility for this function is assigned in Section 3(g) of Ordinance it•8526; i Rule 5.1; in the Consent Decree and the accompanying; Memorandum of Under- 1977;and in Section 8 of the Affirmative. Action ■ standing Plan. signed July 15 Civil Service • 16. EMPLOYMENT OF PARTICIPANTS UNDER FEDERAL GRANT "PROGRAMS Resources to of Human is the responsibility of the Department select employees Federal Grant prograrns in accord with"" provisions City's Civil Service system, whenever feasible. ,The basic re- ofthe.Department for this function is assigned in Civil Rules 1.2(b) and '1.3:and in Section B5 of the Memorandum of July 15, 1977 for purposes of implementing', the It of the sponsibility Service Understanding signed Consent Decree. 1 17. SELECTION It the responsibility of the Department of Human Resources to to validate determine whether such .examina- employee selection "procedures or non-comPetitive, tions may be competitive examinations. Civil Service The responsibility and the accompanying Memorandum of Understand- ActionPlan; and and to- administers and score for this function'is con - in the Consent Decree July'15, 1977; in Section 9 of. the 'Affirmative . Service Rules 1.a, 1.5,and Rule 6. tained ing signed in Civil 18. ELIGIBLE REGISTERS tain g concerning P It is the responsibility of the Department eligibleregisters. This responsibility personnel records inOrdinance #8526, in Civil Service Rule 7, . the provisions Civil Service Rule`"12 concerning maintenance of and in an lay-off registers of Human"°Resources s assigned by ; S to main- ection 3(e) REFERRAL OF:APPLICANTS It is the responsibility of the Department of;Human refer applicants for job interviews when their names certification from appropriate eligible registers., #85.26 and Draft; 7-18-79 Resources to for This responsibility Ordinance • CITY COMMISSION MEETING OF JUL2 4 l9/ • JULY 11, : 1979 HONORABLE MAURICE FERRE, MAYOR, AND .MEMBERS 0 CITY COMMISSION. MY' NAME. IS JOSEPH MURPHY, I LIVE'IN TIE CITY OF CORAL GABLES, I AM A FORMER MAYOR OF, THAT SAME: CITY AND I AM.A`.LAWYER. I AM HERE TODAY REPRESENTING THE DADE COUNTY COMMUNITY RELATIONS BOARD. I. AM HERE TO ADVISE YOU THAT THE DADE COUNTY'DOMMUNITY RELATIONS BOARD BY ACTION .OF ITS BOARD COUNCIL, WHICH MET LAST MONTH, RECOMMENDS THAT YOU ADOPT'THE PROPOSED ORDINANCE WHICH PROVIDES FOR CHANGES IN THE CIVIL SERVICE RULES AS RECOMMENDED BY THE CITY MANAGER AND THE DIRECTOR OF THE'DEPARTMENT OF HUMAN RESOURCES. AS YOU KNOW, WE APPEARED BEFORE YOU LAST NOVEMBER AND REQUESTED YOU BRING FROM THE TABLE THIS PROPOSED ORDINANCE AND ADOPT ITS PROPOSED CIVIL SERVICE RULE CHANGES. OUR RECOMMENDATION WAS MADE UPON CONCLUSIONS BY THE BOARD COUNCIL RESULTING FROM A FORUM. WHICH WE HELD IN OCTOBER, 2 .1978, ON THE SUBJECT "THE EMPLOYMENT OF MINORITIES AND WOMEN IN THE CITY OF"MIAMI." WE BELIEVED THAT WE HAD ALL THE NECESSARY: PARTIES ACTIVE" IN THE FORUM DISCUSSION AS TO. WHY THE CITY OF MIAMI WAS NOT SUCCESSFUL IN AFFIRMA TIVE ACTION IN THE EMPLOYMENT OF MINORITIES AND WOMEN IN COMPLIANCE WITH THE CONSENT DECREES.. IT WAS AT THAT FORUM THAT WE HEARD THAT THE RULES AND POWERS THAT YOU GAVE THE CIVIL SERVICE :BOARD; RE USED •TO PREVENT EXPEDITITIOUS AFFIRMA- TIVE ACTION,WITH"THE`RESULT THAT THE CITY'MANAGER COULD NOT BE HELD ACCOUNTABLE AND THAT THE,SE"'.RULES ALTOWED"YOUR CITYUNIONS TO FORCE ALL AFFIRMATIVE" ACTIONS TO "TAKE A"SLOW' CASE. BY CASE BASIS. THEREFORE, THE; COMMUNITY RELATIONS. BOARD,.. UPON THIS INFORMATION, SUPPORTED THE CHANGES TO THE"" CIVIL SERVICE'RULE.'" BUT,. AFTER WE MADE OUR PRESENTAT10N'ORE • YOU," LAST.NOVEMBER,; THE REPRESENTATIVES OF THE FIRE FIGHTERS UNION PROTESTED THAT WE:BAD;NOT STUDIED THE IMPACT OF WHAT WE .-WERE • RECOMMENDING. THEY PROTESTED THAT; THE OCTOBER"FORUM DISCUSSION DID NOT PROVIDE" AN OPPORTUNITY FOR,THEM:TO"PRESENT THEIR POSITION WHICH WAS DIFFERENT FROM OTHER UNIONS. ID • CONSEQUENTLY, BECAUSE IN NOVEMBER, YOU DECIDED TO KEEP THE PROPOSED ORDINANCE ON.THE. TABLE; THE COMMUNITY RELATIONS BOARD APPOINTED A SPECIAL COMMITTEE UNDER MY CHAIRMANSHIP. TO HEAR AND TO DISCUSS THE CRITICISM OF THE PROPOSED CHANGESBY THE CITY OFMIAMI FIRE FIGHTERS. A COPY OF, THEIR CRITICISM IS ATTACHED TO. THIS STATEMENT. THEN THIS PROPOSED. ORDINANCE CAME UP FOR A FIRST READING ON MAY 24th. BECAUSE S WAS ALSO CHAIR PERSON OF THE CRB'CRIMINAL °JUSTICE COMMITTE, WHICH WAS VERY HEAVILY INVOLVED WITH THE QUESTION. OF AN EXTERNAL REVIEW SYSTEM BY ALL POLICE AGENCIES IN DADE COUNTY, WE DID NOT HAVE AN OPPORTUNITY TO DISCUSS. WITH CITY OFFICIALS THEIR ANSWER TO THE FIRE FIGHTERS CRITICISMS; SO ON MAY 24th, WE WERE UNDER A CLOUD BECAUSE. THE FIREFIGHTERS UNION HAD RAISED A CONCERN THAT WE WERE SO ENTHUSIASTIC TO SUPPORT THE PROPOSTIONS THAT THE: CITY OF MIAMI SHOULD CORRECT THE IN -BALANCE IN EMPLOYMENT. OF. MINORITIES AND WOMEN IN ALL LEVELS THAT WE WERE BLIND' AS TO THE IMPACT. OF. WHAT WE WERE RECOMMENDING. WE. WERE LED. TO BELIEVE THAT WE WERE BLIND FOR NOT ASSESSING AS TO WHETHER OR • 4i - 4 NOT THE CITY MANAGER AND THE DEPARTMENT OF HUMAN RESOURCES WOULD DO ANY BETTER IN ACHIEVING AFFIRMATIVE ACTION THAN THE PRESENTSYSTEM,,OR, WHETHER. THE REAL OVJECTIVE OF THE CITY MANAGER AND THE DEPARTMENT OF HUMAN RESOURCES WAS TO USE THE COVER OF AFFIRMATIVE ACTION TO DESTROY THE CIVIL SERVICE SYSTEM AND TO INSTITUTE AN ANTI- LABOR PRACTICE . BECAUSE OF THIS CLOUD OVER US WHEN WE � WE DIDN'T ADVISE APPEARED BEFORE YOU LAST MAY YOU EITHER TO ADOPT OR NOT TO ADOPT THE PROPOSED ORDINANCE, BUT TO APPOROVE FOR THE FIRST READING S0 THAT WE WOULD HAVE AN OPPORTUNITY TO STUDY THE QUESTIONS. AND ANSWERS REGARDING ALL OF THE PROPOSED CHANGES OF THE R SINCE MAY, I HAVE DEVELOPED A MEMORANDUM TO E EXECUTIVE COMMITTEE OF THE COMMUNITY RELATIONS TH BAORD. I SET FORTH THE QUESTION; WHETHER THE PROPOSED REVISION OF.THE CIVIL SERVICE RULES WHIC H WOULD TRANSFER AUTHORITY FROM CIVIL SERVICE. BOARD. TO THE DEPARTMENT OF HUMAN RESOURCES IS DESIRABLE.TO ACHIEVE AFFIRMATIVE ACTION PURSUANT TO THE UNITED STATES JUSTICE DEPARTMENT CONSENT DECREE. A COPY OF THIS MEMORANDUM IS ATTACHED . 5 UNDER THE QUESTION, THE MEMORANDUM RAISES THOSE ISSUES WHICH HAVE BEEN RAISED BY THE FIRE. THE ISSUES WHICH WERE RAISED FIGHTERS UNION AND DURING THE DISCUSSION OF THE MAY, 24th COMMISSION MEETING. THIS MEMORANDUM, ALONG WITH CRITICISMS: FROM THE FIRE. FIGHTERS UNION WAS THE BASIS FOR OUR SPECIAL COMMITTEE, FOR OUR DISCUSSION WHICH wF HELD WITH OFFICIALS OF THE CITY OF MIAMI ON JUNE , 21:, 1979.. MANAGER, JOHN P. AT THAT MEETING, ASSISTANT CITY BOND AND DIRECTOR OF HUMAN RESOURCES . ROBERT KRAUSE, PRESENTED TWO DOCUMENTS ALSO FOR OUR DISCUSS ION.: THEIR DOCUMENTS CONSTITUTED AN ANSWER TO THE QUESTIONS RAISED. AND ISSUES THAT WE A RESPONSE TO QUESTIONS RAISED BY MEMBERS OF THE CITY COMMISSION ON MAY 24th. THEY ALSO SENT US A RESPONSE TO, QUESTIONS THAT WE RAISED AS TO HOW THE PRESENT RULES. REGARDING THE STEPS IN THE RECRUITMENT PROCESS. CAUSED DELAYS IN CIVIL' UPON::. MINORITIES.,;! SERVICE HIRING°, . WITH AN. ADVERSE THESE DOCUMENTS ARF ALSO ATTACHED TO OUR STATEMENT THEREFORE, BASED FOLLOWING CONCLUSIONS TO THE QUESTION AND ISSUES RAISED IN UPON OUR STUDY, WE MAI� .THE OUR MEMORANDUM: 1, THE PROPOSED CHANGES IN THE RULES WOULD NOT ELIMINATE THE OVER-ALL - 6 AUTHORITY OF THE CIVIL SERVICE • BOARD AND SHOULD I OT Cl2AT ON OF RESULT IN NEPOTISM AND P CITY EMPCIYZ'Y�OF•DADE CORAL GABLESCOUNTY AND THE DOES NOT HAVE A CVIL SERVICE IDAY AUTHORITY BOARD.- BOARD WITH DAY TO AS THE CIVIL SERVICE BOARD OF THE CITY OF MIAMI AND THERE IS NO KNOWOR POLETICIZATIONMOFF NEPOTISM CITY EMPLOYMENT. jyANEGERIAL RESPONSIBILITIES NDEPARTMENT OF BE PLACED IN HUMAN RESOURCES SO TIC T BY LINE AUTHORITY IT CAN ��g,GER TO YOELD UI+p,BLE THROUGH THE CITY AND THNTITED STATES FOR AFFIRMATIVEJUSTICE ACTION. DEPARTMENT ME THE RECORD SHOWS THAT THE OFFICE ACHIEVE OF THE CITY MANAGER SHOULD BETTER AFFIRMATIVE ACTION BASED UPON PAST PERFORMANCE OF HIS OFFICE; ,REGARDING UN -CLASSIFIED AND NON.CETA POSITIONS. THERE IS NO INFORMATION THAT THE PRESENT EMPLOYEE ORGANIZATIONS WOULD BE SUCCESSFUL CTION UNDERTHE TING AFFIRMATIVE PRESENT SYSTEM IN ALL DEPARTMENTS AT ALL LEVELS. THE PROPOSED CIVIL SERVICE RULE CHANGES DO NOT CONSTITUTES A TOTAL REVISION AND TO ACHIEVELIMITED TO STEPS NECESSARY AFFIRMATIVE ACTION. THE QUESTIONAS STO HOULD WHETHER DOPT THE DADE CITY OF MIAMI COUNTY'S PERSONNEL SYSTEM IS NOT RELEVANT BECAUSE TOTALTIS NOT REVISION TO S SARY TO HAVE ACHIEVE AFFIRMATIVE ACTION. ALSO, THEIR BOARD IS A MERE ADVISORY BOARD WITH LESS POWER. 7 - SINCE.WE HAVE APPEARED BEFORE YOU, THE SUPREME COURT OF THE UNITED STATES IN WEBER VS. KAISER ALUMINUM HAS SUPPORTED THE PROPOSITION' THAT YOU, THE CITY OF MIAMI COULD ADOPT AN AFFIRMATIVE ACTION. PLAN WHICH WILL RESULT IN ALLS POSITIONOF CITY EMPLOYMENT TO REFLECT. THE ETHNIC DISTRIBUTION WITHIN THE CITY.; THE L COMMISSION IS AN EXAMPLE OF SUCH REPRESENTATION AND WE SUPPORT YOU TO CONTINUE; OF ALL LEVELS OF YOUR MUNICIPAL STRUCTURE. BELIEVE THAT ADOPTION OF THE PROPOSED CIVIL SERVICE RULES CHANGES. IS A NECESSARY FIRST STEP. SUCH REPRESENTATION • 1 4fti/a- .0 TO ALL CITY CITY O: .'•114,'1'. FLOE CA INTEROFFICE MEMORANDUM COMMISSIONERS: ,"R:,•.+ Rev. H.W, Kirtley Chairman, Affirmative Action Advisory Board. DATE" July 23, 1979.' su dEut Affirmative Action, Advisory Board Concerns. REFER _DICES: ENCLOSU4E5:. In behalf of the Affirmative Action Advisory Boardof the City o Miami, I come before you with the following concerns: Ordinance 18.725, Adopted I aul referring to a sent the Ordinance which states: on November 10, 1977• nce"i,n the middle of' the intro "PROVIDING FOR THE APPOINTMENT AFFIRMATIVE ACTION OFFICER AS SECRETARY OF THE BOARD" We do not believe that the 'City's'Affirmative Action Officer serving in this capacity as indeed she isn't. We feel that she should serve as the executive Secretary of the Affirmative Action Board, as stipulated in the Ordinance. Going further down the introduction I refer to these sentences beginning •in the middle of the sentence in speaking of the City' sAffir-mative Action Program and the statement that the AffirmativeAction Advisory Board should t i`o n of 'PROVIDING E'OR THE PLANS FOR THECITY SUBMISSION OF THE, TO THE COMMISSION' REVIEW OF AFFIRMATIVE ACTIOt! OF MIAMI: PROVIDING FOR THE BOARD'S REPORTS ON THE PLANS. We are not reporting to theCornmi`ssion and inde"ed" asthi is; Ordinance. goes on, we are really prohibited from re orting direcly tothet Commission. These plans are to corne...through"the Department o urces and the City' Manager's Office. We are not able. me or have we been able to make -'such a report to the • 2 • City Commission because we have not had before us particular data to review how the Affirmative Action Plan of the City is progressing. Paragraph 3, which reads as'follows: "WHEREAS, it is the intent of the Commission of the City: of Miami to use aggressive affirmative recruit- ment programs to reach all groups of citizens of the City fairly :and equally" (I would underline that portionwhich says all groups of citizens . of the City) We feel this recruitment'' program is Predominantly in favor of those that are not part of the City of Miami, and proceeds more aggressively in advertising foremployment,; beyond the City and beyond the State. be 2, Paragraph:4, which states: Refer to Pa "tdHEREAS, it is the intent of the Commission of the City of Miami to provide, programs, of upward mobtility` so that all employees_will:have an opportunity o', compete fairly for any. position within the City; for which'they are qualified" We are not providing -for upward mobility and we feel that most.of the higher echelons. executive positions ..that are being filled by the City of Miami are being done so as a process of advertising, again outside of theCity and outside of the State of Florida., Refer. to Page 3, Section 2, which reads: ""The Board 'may hear or review grievances and complaints concer.ning_'alleged -.discrimination, in,.!employrnent policies and practices of the City only if" and call your attention to the fact that there are provisos , where we are not allowed'to hear complaints ofalleged`discri- mination unless the specifics are followed-. '(1) a specific grievance:`or complaint is referred',. by. the Affirmative:Action Officer to the Board!' we -agree to this; "(2) the Board decides by_a .two-thirds majority of ` those members present and voting to grant'a hearing on+a specific complaint or grievance." 3 - The Affirmative Action. Advisory Board feels that this is a desire of the City Commission that cannot adequately be fulfilled as long as the Affirmative Action Officer is directly under the supervision and responsible to the Department of Human Resources.. Actually we are unable to hear grievances from City employees because they would find it difficult to make such complaints without there being some repercussion to their job, frankly this is a lack of clout regarding the function of the Affirmative Action Advisory Board. Refer to Page 4, Section 3, which reads: "The Board shall provide advice and recommendations to the Department of Human'Resources and its Affirmative Action Office" Let me emphasize that the us of the work "its".would seem - indicate that the Affirmative Action Office directly- belongs„ to the Department of Human Resources and therefore has no independent responsibility; following the paragraph that reads. "The Director ' of Human' Resources or his/or her designee shall represent the City Manager in all matters of Affirmative Action and shall provide all staff support to the Board, including the Affirmative Action Offi cer." which is, reemphasizing the statement that wasjust mad, the Affirmative`Action Officer isnot free to perform the responsibili- ties of that` Office in our opinion. Section 3, "Review and recommend to the City Comrnissiofl, through the approprito administrativ channels, the adoption of, amendments and revisions`Lo the City's Affirmative Action Program Plan" this clearly states that the`City's Affirmative Action Advisory Board is not directly responsible to the City Commission, but must respond through "appropriate administrative channels", which means that we. rnust first go to the Head of the Department. of Human Resources, then to the City Manager's, and if, we are, lucky, we might be able to get our proposals presented to the City Commis:aion. dik !t - Section 3, (b), which reads: "Review employment policies and practices of the City and make recommendations to the Department of Human Resources through the Affirmative Action Office.' again, this is reemphasizing that we do not report the City Commission, but that we go through the D. Human Resources Section 3, (c) review of specific complaints of' alle ed discrimination." and once Inore I must reemphasize the fact that we do not have the "or the opportunity of reviewing cases of discrimination possibility - "of; Miami, the , Affr- or problems in hiring procedures of"theCity tive.Action Office cannot functi.onas.long as it is directly under. the chief emploher of the City of Miami. Section`3, (d), "Recommend to the City Commission, through appro- priate adminiStrative channels, ordinances, reso- lutions, and other proposals 'relating; to the Affirmative Action Program." again, this reemphasizes the fact that we do not have direct access to thosewho have appointed us to serve on this Board or to the City Commission as a whole. Section "3,(e), "Serve with the Affirmative Action Office ;and the Department of Human Resources as an instrument for informing the City Commission ,.City .Departments and agencies "and the public of the continuing Affirmative Action Program and its purposes." we cannot do this witbout adequate data, we are not able adequate data, because thecomputer supposedly is broken ction 3, (f), .Make recommendations or reports to the: City commission; directly in abnormal circumstances and for good and sufficient reasons" toget down.; 111111111 MI a - 5 a. let me emphasize it says we are allowed to make reports to the City Commission, however, in order to do so, there is a nebulous translation of what are GOOD AND SUFFICIENT REASONS. The con tinuation of this statement in brackets reads as follows, which. apparently is the definition: (e,g.;significant policy issues where the administration disagrees and refuses to transmit proposals to the Commission). We of' the Affirmative Action Advisory Board feel that this res- tricts our ability to function properly and in favor of the City. Refer to`Page 5,`Section 5 again, Refer t must b which says that "The Affirmative Action Officer shall b Executive Secretary for the Board." this is not the way the situation is at present. o Pa�e6, Section 8, which makes note of the fact t "The presence of eight (8) members,of the Board shall constitute a quorum at any meeting of the Board." that there inthose instances where specifiC City Cornrnissioners have not. appointed their appointee, and our Board is diminished from ;'a total of 14 members down to 13, it seems to me that this is inappropriate for still to require 8 membersto constitut e a quorum; let me suggest that this be changed toread a majority plus one (1). Refer to Pa e 7, Section 1. fihich reads: "Under the authority; of the City Manager, the Affirmative Action Officer shall work in coordination with the Board and other City Boards, and Departments in the -preparation,,conduct, review, and implementation of the continuing Affir- mative Action Program. 1 call your attention to the fact that this places our Affirmative Action Officer, again, under the thumb of the City Manager. In lik r effect this is saying that the City Manager is the one who snakes the.a.ffirrnative action decisions. Continuing on Page 7, Section 12. After mention is fact that the Affirmative Action Advisory Board "shall review any plan relating to the City's Affirmative Action Program as prepared and submitted by the Affirmative Action Officer." it further states that "This review shall be conducted in meetings open to the public and in full compliance with Florida Statutes, Chapter 286, the Government in the Sunshine Law." but ,what it further says is that "Upon completion of public hearings; and, review by the Board, the Board shall submit to the Commission through the Human Resources Director and the City Manager its comments and recommendationsconcerning; the plan or modifications to the plan." again, ladies and gentlemen, this means that we; cannot directly submit our recommendations to the City CornmisSiOfl, but that we must go through the Director of Human Resources and the City Manager. Pa e 8, Section 14 which states made of the "The Board shall review and make comments or recommendations annually, or. as directed by the City Commission,' concerning the City'a Affirmative Action. plans and,programs. These comments and recommendations;shall be presented to the City Commission, through appropriate administrative channels," which if I u:?derstand correctly, will"mean throU of Human Resources, `and through the City Manager "at the second regular Thursday.Cornmission meeting in °February of each,year, Let me now call your attention to the CITY OF MIAMI AFFIRMATIVE ACTION PLAN as: printed: JANUARY197B. Section 2 under the heading "ASSIGNMENT OF RESPONSIBILITY", "The Affirmative Action. Advisory Board will review the affirmative action plan, and will monitor and provide advice and recommendations onthe implemen- tation of the affirmative action program.".. this does not specifically say that we report to the Department of Human Resources in this paragraph, and we feel that in order for affirmative action to be adequately reviewed, we be in the position of making recommendations, directly to the City Commission'. I refer. you Section nJ" which reads: "The Affirmative :Action Advisory Board and the;, Director of Human Resources will provide advice, recommendations and assistance tothe Civil. Service Board in.order to assure that the opera- tion of the civil service system provides equal opportunity to all employees and applicants. we have no problem with this other than the fact that,we feel that our Affirmative Action Officer should be liaison directly with the Civil Service Board. Refer to Section 7, under the heading "CLASSIFICATION" , I am referring to number "4".` "The career opportUnitY Program has been established' to provide opportunities for regular :; and CETA employees with minimum 'qualifications who have demonstrated the Potential for career advancement to enter into beginning or:hi;her level classified positions. We arenot sure, because we do not. have L'ne report of the Affir- mative Action Plan whether this is actually :been done, .but the Affirmative' Action Advisory Board is of theopinion that there is not this upward mobility. 7, ; #5, which reads: Section !'Paraprofessional classifications have been established for the purpose of 'transitioning employees into professional, administrative and supervisory positions." 8 It is the opinion, from the information that we have available to us, that paraprofessionals are not being escalated into adminis- trative and supervieorY Positions. These positions are often being filled by people outside of the City and outside of the State. Section 8, under the heading "RECRUITMENT", item #9. "Job informal -,ion and recruiting* brochures will be prepared in the Spanish language to assist members of the Latin community in attaining employment in City jobs." The rest of the Section under "RECRUITMENT" all seems to imply local 'preference, which is only proper: However, and let me emphasize the however, there appears to be preference given to , out-of-town and out -of -State applicants. We would choose to see more local employees on the top key positions. Section 9, under the heading "SELECTION", number 7. "The Department of Human Resources will establish an t'in-house" training program for its staff in the areas of test validation, affirmative action, and consent decree compliance. We have received no information to the effect that this has been done, and are doubtful that it is, or if it has been done, it hasn't been done in depths where all levels of employment have had the opportunity to learn about affirmative action. Sectiona r lenOT s,hoeumne underthe emtcihiaertniihc eAappdrionrgiagrinnat.rnI ifscReAtsThhl`ail TtpGap rrAeosi DrreaDfmEe.Ir1 EeLd0 to. Eo 1)1 T ty al I call Y° uCTPF riuri .br. tcc, itnn neste teuenR irrret .u: err]c_n peipc oernr ioe Atop op5 ,2:11 prdpae ET::rbm_ eoe. Program.ap ?ulp]. r:. non gss rr aaa Irri: ae nd being initiated or if they 1ana flt Tuitio We do riot know if' any of these have been carried through. - 9 Page 10-2, number 1, where it says: As part of the City's supervisory training course, training in Affirmative Action responsibilities for supervisors in all departments will be given.'. Our question is: Has this been done and if' it has been done was it in any depths. ft Number "A study will be conducted on women and minorities who have not advanced in the past three years beyond the entry level category." e end of the paragraph reads: "Steps will be taken to assist in the upward mobility of those employees through transfers, additional training, promotional opportunities and counseling." I doubt that his has been done, and if it is, we have no to that effect to the Affirmative Action Advisory Board. reads: Section 12, under the heading "REPORTING PROCEDURES IN COMPLIANCE WITH U.S.A. vs. DECREE" ort AND RECORD KEEPING CITY OF MIAMI CONSENT I refer you to the second paragraph which states: "The Decree states that the reports will be made "withinninety (90) days after the entry of' the Decree, and'foliowing June 30 and December 31 of each subsequent year during the term of' this Decree. I don't read this as giving any latitude or option, "I think`it requires us to have that report ready and submitted and available to the Affirmative Action Office,` and it has not been done. Section 13, under the heading "PROGRESS REPORT" and I think I need to call attention to the entire progress report, but I" merely read the leading paragraph and refer to the other ten items. • "A semiannual report will be prepared by the Human Resources Department withthe assistance of the Affirmative Action Office, for review by, the City Manager and submission .to the City Commission arid the Affirmative Action .Advisory "Board. The report will include data in the following format: • • 0 - 10 - Analysis of work force availability... Survey of current City employment... Records on applicant flow... Identification of areas of underutilization.. Resignations, layoffs and dismissals... Progress of City and departments toward goal Number of' new classifications... Number and percentages of minorities fill new classification.. This is the report that we have not received, and this is the report that is important for us to be able to determine whether we are complying with the Consent Decree and/or whether we are following the City Affirmative Action Plan. I will not go thru the rest of this Plan, but I think you can see that we have a communication problem. We also have a problem with funding. I am submitting the following suggestions to you for consideration with regards to funding so that there can be work- shops , seminars, training events for our Affirmative Action Officer, for our Affirmative Action Assistant, and under certain circumstances some tuition refund for members of the Affirmative Action Advisory Board. We, feel that we would not need more than $5, 000 00 per year allocated to be able to do the above mentioned submitted. Let me ad•ditionally submit the folowing..suggestion, that should you', consider having the Affirmative Action Office"separate and • • independent from the. Human Resources Department and"function"ing •as a Department of the City of1iami,-`as we feel it, should""be,• the appropriate budget f`or such department should be considered~, when approving your 1979/1980"City Budget • this:"year. 0 c:iTY OF MIAMI, FLORIpA IN-ER•OFFICE MEMORANDUM ,:, Joseph R. Grassie City Manager Robert D. Krause,; Director Department of Human Resources July 19, 1979 iLE :;U ©JEC7; Chronology for Amended Affirmativf Action Ordinance (Ordinance #8725 Adopted by the City Commission November 10, 1977) REFERENCES: ENCLOSURES: I have prepared the followingchronologyat your request. It lists all of the steps that I have "been eable evsedreconstruct AffirmativefActionour Ordinancecon that cerning the development of th was adopted November 19, 1977 as Ordinance #8725.` The chronology is based on a review of the minutes of the Affiroative Actio Advisory Board, correspondencefiles sin 197�ourlahavetalso,and spokenpwith Yvonne nmt schedules that were recorded during Santa -Maria, who was present during the, development of this Ordinance, and with Robert Homan, who participated in the early stages. As you will recall, this chronology results Afrot hatht eidiscussio, Rev. ns ate the City Commission meeting on July `11, 1979 hadinotrbee of the Affithatrtheive Ordinance wasction lrevisedard, untilnseveral months ago. not been aware that t Members of the City Commission requested an explanation of how the Ordinanc could have been developed without an awareness of the Chairperson. It may be important to recall. that while Rev. Kirtleyy as Tha ompson ofwathe Affirmative Action Advisory Board, at that time, Mr.he Chairperson and Ms. Marie Boland was the Vice -Chairperson. MARCH 29, 1977 The Consent Decree in the case of the United StatesofAmerica at arvsys. City of Miami was issued on this "date. It soon became apparent to assure compliance :with LaterConsent Decree discussionsuld produimpaon the ct consensusythatfthe firmative Action efforts. , Consent Decree would constitute 70% to 80% of the City's Affirmative Action plan. This was later confirmed in a discussion paper prepared for the City Commission on July 21, 1977. (see below.) MARCH 30, 1977 Yvonne Santa -Maria met with Bruce. Thompson, ChairpersMs.on of he Affirmative f mive Action Advisory Board. As a part of the discussion, in - indicated to Mr. Thompson that the Affirmative Action Office "is in direct ith Human Resources, including that of working the Affirma- 601 �14lan . CIv MEETING OF JUL2 4..19 Joseph R. Grassie, City. Manager. July 19, 1979 Page 2 APRIL 6, 1977 I met with you to discuss ""the relationships between the Consent Decree and the Affirmative Action plan. We discussed the impact on organization andmm staffing. You asked me to meet with Bruce. Thompson to explore organiza- mm tional alternatives. APRIL 14, 1977 I met with Mr. Thompson. We discussed the impact of the Consent Decree on' the Affirmative Action program of the City, and the need for reorganization of the Affirmative Action efforts. Mr. Thompson was inclined toward a con- solidation of the Affirmative Action Office and a closer working relation - II ship between the Affirmative Action Advisory Board and the Department of Human Resources. He indicated to me, however, that he would wish to explore this with other members of the Board. APRIL 19, 1977 I met with you at 4:00 P.M. It is my recollection that we met to discuss the agenda of the Affirmative Action Advisory Board meeting that was sched- uled for the following day. APRIL 20, 1977 The Affirmative Action Advisory Board meeting scheduled for 2":00 P"".M. on April 20 was cancelled. This was apparentlydue to lack`. of a quorum. MAY 4, 1977 The Affirmative Action Advisory Board met at 2:00 P.M.6 on tTheaagendaenda iincluded appearances by the City Manager and myself. 2tem a review of Ordinance #8519 by Mr. Thompson; this was the original Ordin- ance creating the Affirmative Action Advisory Board. Iteme7 includfedea report by myself on the status of the Consent Decree. meeting indicates that Mr. Grassie also discussed with the Board a proposal for consolidating the Affirmative Action Office with the Department of Human Resources. There was a substantial exchange of information and ideas concerning this proposal. Members present included Chair Thompson, Vice - Chair Doland, and members Dawkins, Gomez, Green, Kirtley, and Whitesides. Although this did not constitute a quorum, the Board members present con- ducted an extensive discussion and asked that a record be made. Mr. Thompso. concluded the discussion by indicating that he would plan to meet in the near future with Ms. Doland, Ms. Santa -Maria, and myself. MAY 12, 1977 My calendar shows that a scheduled meeting with Mr. Thompson was cancelled and rescheduled for the next day. There is also a file memo on that same date addressed to Ms. Santa -Maria and me by Joseph R. Paredes, Assistant City Manager. The memo indicated that after careful consideration, the Affirmative Action Office was being administratively transferred to the Department of Human Resources. The memo concluded with instructions that we should "immediately begin to deal with developing an Affirmative Action plan." Joseph R. Grassie. City Manager July 19, 1979 Page 3 MAY 13, 1977.. I met with Bruce Thomps ing originally set for we discussed revisions. MAY 16,1977 on, apparently as a result of rescheduling the meet - the : previous day. is my recollection that. that might be appropriate for Ordinance #8519. Action Ordinance." The memo noted that I had a meeting scheduled with I sent a memo on this date to Mr. Homan concerning :'Revisions to AffirmativE Mr. Homan and Mr. Thompson on May 18 for the purpose of discussing amend11 - ments to the Affirmative Action Ordinance. MAY 18, 1977 My calendar indicates that I net with Mr. Thompson and Mr. Homan on this date. It is my recollection that Marie Doland was also present, since Mr. Thompson had designated himself and Ms. Doland to serve as a "drafting committee" for revision of the AffirmatiVe Action Ordinance.. Although Ms. Santa -Maria has not kept: herdesk calendar for 1977, she has a clear re- collection of participating in this discussion. She recalls that Mr. Thompson was concerned with language in the draft Ordinance that involved the Board's authority to report-to`theCommission. When appropriate amend- ments were made on this point, both Mr. Thompson and Ms. Doland were in agreement with the revised Ordinance. MAY 23, 1977 Our file contains a proposed Affirmative Action, Ordinance stamped "DRAFT" and bearing the handwritten date of 5/23/77. This apparently resulted from the meeting on May 18. JUNE 15, 1977 The Affirmative Action Advisory Board met on that date. ;Members present included Chair Thompson, Vice -Chair Doland, :and ;`members Baro, Breeden, Dawkins, GomezGrant. Green, Kirtley, Saldise and Whitesides. The agenda for the meeting indicates 'that ;Item ,2 was a general discussion of Ordinance #8519 by Mr. Thompson. JULY 5, 1977 I addressed a letter to Mr. Thompson on that date, with copies to Teresa Saldise and Ms. Santa-Maria.>(Ms.;Saldise ,=had beenappointed to Chair the Policy Committee of the Affirmative Action 'Advisory °'Board. This committee was assigned responsibility for coordinating the Affirmative Action plan with the Consent Decree.) The letter. of July •5.enclosed a copy of the reporting requirements of the Consent Decree. Joseph R. Grassie City Manager July 19, 1979 Page 4 JULY 7, 1977 There is a memo in the file from Ms. Santa -Maria to all members of the Affirmative Action Advisory Board, submitting a draft of the revised Af- firmative Action Ordinance. The memo indicated that members would be requested to review and comment at the next Board meeting on July 20, 1977. My calendar also indicates that I met with Mr. Thompson and Ms. Saldise of the Affirmative Action Advisory Board at 9:00 A.M. on that day and again at 2:30 P.M. with Mr. Thompson to discuss the Consent Decree. JULY 19, 1977 Yvonne Santa -Maria sent a progress report to Mr. Thompson. The memo con- firms the fact that I met on July 7 with Mr. Thompson,Ms. Santa -Maria, and Carlos Theye to discuss the Consent Decree and its implications for the City work force. The memo also indicates that I met on July 12, 1977 with Teresa Saldise, George. Knox, and Ms. Santa -Maria to clarify provisions of the Consent Decree. The memo further notes that I met on July 7 at 2:30 P.M with Mr. Thompson, Ms. Santa -Maria and Mr. Theye to review Ordinance #8519. JULY 20, 1977 The Affirmative Action Advisory Board met on that day. The minutes note that members included Chair Thompson, Vice -Chair Doland, and members Baro, Breeden and Grant. Although this did not constitute a quorum, the members present conducted a discussion which included the draft of the revised Ordinance. Discussion concerned the authority of the Board to require attendance by a Department Head or his representative. Chair Thompson also asked the staff to telephone the absent Board members for their comments or for approval of the draft Ordinance. JULY 21, 1977 I prepared a discussion paper for a City Commission workshop on Affirmative Action which included the following statement: "We have also been working with the Advisory Board on a revised Ordinance to up -date the Board's re- sponsibility. This Ordinance was discussed at the Advisory Board meeting yesterday and should be ready for submission to the City Commission as soon as the Law Department has a chance to review it." AUGUST 30, 1977 I addressed a memo to all members of the Affirmative Action Advisory Board, transmitting a draft of the proposed Affirmative Action plan for review and discussion on September 21, 1977. SEPTEMBER 1, 1977 I met with Mr. Thompson at 9:00 A.M. Itis my recollection' that this meet- ing concerned the draft of the Affirmative Action plan Joseph R. Grassie City Manager July 19, 197,9 Page 5 SEPTEMBER 7, 1977 A meeting scheduled with M next day. SEPTEMBER 8, 1977 I met with Mr. Thompson SEPTEMBER 21, 1977 My calendar records that I met at 9:00 A.M. with Bruce Thompson, apparently Y for the purpose of discussing the agenda for the meetingofthe Affirmative Action Advisory Board scheduled that afternoon. My calendar also records the meeting of the Board at 2:00 P.M. onSeptember 21. The agenda for that meeting listed the proposed Ordinanceas Item 3. There is an attendance record in the file indicating that nine members of the Board, constituting a quorum, were present. The names recorded are Chair Thompson, and members Baro, Breeden, Dawkins, Grant, Green,Kirtley,"`Pando, and Whitesides. The minutes of the meeting, however, are not in the files of the Affirmative Action Office. SEPTEMBER 23, 1977 Mr. Thompson addressed a memo to all members of the Affirmative Action Ad- visory Board. The memo reads in part as follows: "As you know, our Affirmative" Action Advisory Board has been working on several major projects during the last, few months. Perhaps most significant of all has been the Proposed Affirma- tive Action plan and the new Ordinance establishing the functions and authority of the Board itself. Unfortunately, our progress has been somewhat impeded` by the lack of a quorum atseveral of our meetings." for the Affirmative Action plan. SEPTEMBER 26, 1977 Mr. Thompson issued a press release announcing a special meeting of the Af- firmative Action Advisory Board on September 29, 1977. On September 29,1977 I submitted a memo to the City Manager enclosing a "draft of the Ordinance reestablishing the City of Miami's Affirmative Action Advisory Board." The memo stated that the Ordinance was revised "due to the changes that have recently taken place in the Affirmative Action Office and to the responsi- bility given to the Department of Human Resources for the implementation of the City's Affirmative, Action plan." There are also a set of minutes for the special meeting of the Affirmative Action Advisory Board that was scheduled for September 29. The meeting convened with nine-members`present and six members absent. The minutes re- cord that after discussion of the proposed Affirmative Action plan, "two members of the. Board left, so the meeting was adjourned for lack of quorum." Joseph R. Grassie City Manager July 19, 1979 Page 6 OCTOBER 4, 1977 Our files contain a draft `ofOrdinance alongrepealing theanitials8o9Attorney draft bears the date of October 4, Eloy A. Fernandez, who was atn�iatthemOrdinancea rthatthe wasCity sub Attorney's Office. This draft is appare y. City Commission at its first meeting in October. 7 Advisory OCTOBER 12, 197tive Action My calendar records., a regular 12eti-heofiles off thea ActionrOffic el Board at 2:00 P.M. on October . contain an attendance sheesined ActonbOfficemhowever,wcontaintnouagendauandm. The files of the Affirmative no records of minutes for this meeting. OCTOBER 13, 1977 There was: a' City Commission meeting on this day. Item 9 was the first read- ing of an Ordinance, "reestablishing City of Miami's Affiraative ctitnat Advisory Board.; City Manager recommends." The annomeeting indicates that the Ordna0rdinancece was aefThose.amendmentsfiles dealcontain withhand- written amendments to the draft Theidraft Ordinance of selecting toitherCitysCommissiontives to had continuedthe theBoard. language of Ordinance submitted "appointed the original OrdinancstaA�n�hehmeetingt �yee union members saindicated by the City Commission." that they should be authorized to selectwasown nreprese representatives. Based upon this discussion, Commission action deferredinsttruct nof eth t the Ordinance be revised with respect to the method of app oin- ployee representatives bn the Affirmative Action Advisory Board. OCTOBER 18, 1977 '� I submitted a memo to.you .transmitting arevised idraftpofetheOrdinance of the Afirmtive Action Ordinance. The memoindicates: T he is to redefine the functionsBoard.° SThefinemo alsotheir notesti�thispOrdinance to the Affirmative Action Advisory„ was introduced to the lastmWe�hnSectionig of eICity whichmcoversnthedestablishment was deferred because of certain :concerns and composition of copy of theamemoTandhe memo revised Ordinanceluded hto statement that of I was sending a copy of the the memo was a revised the Affirmative Action Advisory Board. Accompanying draft of the Ordinance bearing the date of October 14, 1977 and the initial_ of Attorney Eloy A. Fernandez. OCTOBER 25, , 1977 I sent amemo to the City Attorney transmitting a draft resolutiOn for the City Commission on the subject of the proposed Affirmative Action plan. Joseph R. Grassie City Manager July 19, 1979 Page 7 OCTOBER 26, 1977 The City Commission met on cluded the first reading of Affirmative Action Advisory mission on October 13, 1977 agenda prepared by the City adopted on first reading. OCTOBER 31, 1977 I addressed a memo to all members of the Affirmative Action Advisory lBoard concerning the Affirmative Action` plan. The memo stated in part: been advised by our Law Department, during a recent phone conversation, that the Advisory Board's approval of the Affirmative Action plan in its last special meeting did not legally suffice and that it would be necessary for the Board to approve the final version as a whole at its next regular meeting November 16th." NOVEMBER 1, 1977 Robert C. Homan, Assistant to the City Manager, sent a memo to the Mayor and members of the City Commission on the Affirmative Action plan. The memo indicated that the Affirmative Action plan was being submitted in ad- ce "rather than with the agenda packet for December 8's Commission meet - this date. Item 9 of the Commission agenda in - an Ordinance "reestablishing the City' of Miami': Board.. This item was deferred by the City Com- City Manager recommends." The annotated Clerk's Office indicates that the Ordinance was van , ing, because of its length and complexity." NOVEMBER 10, 1977. The City Commission met on this date. Item:? on the agenda was the second reading of an Ordinance "reestablishing the City of Miami's Affirmative Action Advisory Board. This Ordinance was passed on First Reading Octo- ber 26, 1977. It was introduced by. Commissioner Reboso and seconded by Commissioner Gordon." The annotated agenda prepared by the City Clerk in- dicates that the Ordinance was adopted as Ordinance #8725. The file copy of the Ordinance obtained from the City Clerk states in part as follows: "On motion of Commissioner Reboso seconded by Commissioner G o rd o n ath passed Ord- inance was thereupon given its second and final reading by tile and adopted by the following vote: AYES: Commissioner Manolo Reboso Vice Mayor Theodore Gibson Commissioner Rose Gordon Commissioner J. L. Plummer Mayor Maurice A. Ferre NOES: None ABSENT: None" Joseph R. Grassie City Manager July 19, 1979. Page 8 NOVEMBER 16, 1977. The agenda for the meeting of the Affirmative Action Advisory Board on this date indicates that Item 2 was the "formal approval of the Affirmative Action plan." The minutes record that the plan was approved by the Board, and "all present Board members voted in favor of approving the plan." e plan was transmitted to you by a memo that I sent on November 16, 1977, along with a proposed resolution for adoption by the Commission. The re- solution was ultimately adopted on January 11, 1978. This chonology has tracked the concurrent actions -on the Ordinance and the Affirmative Actionplan, because both items were considered almost simul- taneously by the Affirmative Action Advisory Board and constituted the two most significant projects that the Board considered during 1977. There are several points' that 1. The Affirmative Action Advisory Board haddifficulty in meeting', due to the absence of a quorum; at both regular and special meetings during 1977. 2. Nevertheless, it is clear that the revised Ordinance was discussed with individual members of the Board, was mailed to all members of the Board, and was included on the Boardagendas of June 15, July 20 and September 21. There was no scheduled meeting for the month of August. 3. The issue of the Board's, authority to report to the City Commission was resolved very, early (apparently during the meeting of the "drafting commit- tee" on May 18). Section 3 of the draft dated May 23 provided that the Board would report to the Commission "through appropriate administrative channels." The'purpose"of this phrasing was to provide the Board with access to the Commission while atthe same time providing an opportunity for the City Manager and his staff to act on recommendations that fell within the scope of their authority. The same language appears in the Ordinance that was adoptedsix months later. There is no indication that this procedure was ever in dispute after May 18, 1917. 4. The only issue subsequently raised by. the Board concerning the pro- posed Ordinance arose at the meeting of July 20, 1977, and concerned "the extent of the authority of the Board as to the attendance of any Department Head or his representative when so required by the Board." The Board made no further change in the Ordinance. It is my recollection that the Board concluded that it had the necessary authority to assure attendance without the use of subpoenas. Joseph R. Grassie City Manager July 19, 1979. Page 9 5. The only issue raised by the Commission concerned the method of appoint- i11 ng employee members of the Board._ This issue was raised at the Commission < at the Commission meeting of October 26,197.7. meeting of October 13, 1977. The Ordinance was revised and was resubmitted 6. The' appropriate relationship of Affirmative Action and the personnel function has been discussed several times., On October 19, 1977, I sent tuni Mr. Thompson a letter dated October 14, 1977 from Ms.orvelyn M. Idesson, Education Programs Officer, U.S.;Equal Employment Opp thankingme for a paper I had prepared at her request for an employment conference. Her letter stated in part — "You made one point which was reaffirmed by many participants from other jurisdictions, and often is confirmed by our review of programs which are effectively eliminating discriminatory, non -job -related practices, and increasing employment opportuni- ties for those previously excluded or limited in public jobs. That is the need to incorporate affirmative action as an essen- tial part of the personnel process, rather than operating an affirmative action program as an adjunct to the personnel system. Only in this manner`, can thesystemic employment' processes which nte o often operate to' exclude univally processes such as recruitment,job analysis, job descriptions, selection instruments, career development, promotion, upward mobility, and related public training programs -- be closely examined and monitored for adverse impact and job relatedness, then effectively changed and utilized to achieve equal employment as required by law." 7. On`November;15, 1978, I provided members of the Affirmative Action Ad- visory Board with extracts from an address made on October 31, 1978 by the Honorable Eleanor Holmes Norton, Chair U.S. Equal Employment Opportunity Commission' at an employment conference. Chair Norton said in part: "In speaking here today, I feel profoundly that I am talking with professionals in my field. Only artificial lines can be drawn to- day between equal opportunity and the personnel management field. Your incoming President, Robert Krause ;perhaps has said it best when he said in one of his speeches, and`I quote him: 'We do not consider that Affirmative Action is an adjunct to the personnel program. We consider that Affirmative Action is the personnel program. Equal employment opportunity must apply to all. citizens. Affirmative Action must be a part of everything we do, including preparation of personnel policies, job analyses, recruitment, se- lection, career development,, labor relations and all other elements of the personnel program.'' RDK:jb' • Joseph R. ` Grassie City Manager Robert D. Krause, :Director;. Department of Human 'Resources October 18, 1977 Affirmative Action Board Advisory I am enclosing a draft of the ordinance re-establishing the City of Miami Affirmative Action Advisory Board. The basic puDd heirof the ordinan +-n redefine relationship to the Affirmative Action Advisory ram► This ordinance was introduced to the last meeting of tthe enCitywCommission and was deferred because of certain concerns vers the establishment and composition of the. Board. I has now been amended to serve the. Section 1. To allow the unions to select their own representatives.; 2. To assure that only representativesnofef "certified" labor organization will 'serve. This er o assure that the City will not be charged with an unfair labor practice by recognizing representatives of unions that mayhave lost a: representation election. 3. To provide for a;transition theene a representation `election is pendg, Employees Association and AFSCME. I am:_sending' a copy of this memo and the revised ordinance be thto elmembers of the affirmative Action Advisory, Board so thatthey willinformed in this matter. RDK: ms.,, following purposes: FROM: f 5 vlT? !'!IAMI. FLORID 1NTETI.OFF1C::: ;,i"_MORRAND'JNI Robert . Krause, Director Department of Human Resources. July 5, 1979. Summary of Proposed Civil Service Amendments tEF'CRENCE5i' I am attaching a table that summarizes the major points in the pending Civil Service Ordinance. The table includes a statement on the views of the City :Unions and a commentary concerning the purpose of each proposal. I am also attaching copies of the letters that you sent to the City four labor organizations on June 25, requesting theircommentsby July 2. As of the close of business on July 3, the Sanitation Employees Association was the only group to respond.- The SEA comments are in- cluded:verbatim",on;the"attached summary, which was completed on July 4 in order to give you time to submit it to the City Commission, if you wish. The Fire and Police Unions had previously prepared written commentaries. Their positions'- are included in :summary form, using direct quotations as much as space permits. The table also includes some of the comments made by Union representatives during the Commission meeting of May 24, 1979. The only Union that has not provided detailed commentS is AFSCME. 1111111111111111111111111111111111111 • Rule 1.2(a) b Commission staff to' be' appointedy City Manager upon nomination `s by Com- missioners. Rule 1.2(b) Includes the heads of agencies and offices created by City Commission in the unclassified service. 1 Rule 1.2(c) (1) Sets limit notto exceed 5 unclassi- fied Assistants in each department. (2) Eliminates requirement that certain Assistants be promoted from within. CITY OF MIAMI PENDING ORDINANCE AMENDING CIVIL SERVICE RULES:. SUMMARY OF ISSUES UNION POSITION Police union Fire union: tion practice. SEA: "Curtails from within." Weakens merit system. Terminates sound -promo - promotional opportunities -1- (2) COMMENTARY<~ Commission staff 'has been By custom,;, appointed ;by City Manager, since the Charter is silent'on staff fcontin- misSloners. This amendlltent continues and clarifies current practice.': These -`positions are currently 1 the unclassified service. Amendmen_is intended to assure Commission control Over creation of agencies and offices. This change is intended to put a ceil- ing on the uncontrolled growth of the unclassified service. Would forestall future interpretations that would weaken Civil Service. City has ruled that current provision on promo- tions of Assistant Directors violates Charter authority of City Manager to make appointments under Section 16 of nti the Charter. Also limits minority Rule 1. 2 (d) Jobs under Federal grants may be placed in unclassified service only when Dir. of HRD determines that Civil Service procedures are not feasible. Rule 1. 3 Extend Civil Service to Federal grant jobs whenever Dir. of HRD deterntines that it is feasible. . - PENDING ORDINANCE AMENDING. CIVIL SERVICE RULES UNION POSITION Fire union: Too much authority for of BRE'. AuthorltY should remain with Civil Service Board. Police union: Vio l ates City Charter' of IIRD creates the Spoil System.", SEA: "Too much authority for Director -2- COMMENTARY The .change is intended to facilitate compliance, with the Consent Decree and improve 'the merit 'sysem:by in- 11- dina -CETA jobs under- Civil Service. Additionally, Federal government is now in process of extending Federal Merit ,System Standards- to all Federal Grant Programs. While this change is not now essential, itsr'elimination would run the risk of non-compliance with Merit System Standards. - Same as stated under 1.2(d) above. 'If this change is not approved, CF.1A emPloYccs would continue to be ex- cluded from Civil Service. PROPOSED : CHANGE k Rule 1.4 Dir. of HRD to determinewhen it is practicable to give competitive` examinations.`: Rule 1.5. Dir. of HRD to determine when non- competitive: examinations should be given. PENDING ORDINANCE AMENDING CIVIL SERVICE RULES' UNION:_ .POSITION Fire union Service Board. Police union Assigning this power to Dir. of HRD invites return to the spoils system. Function belongs to Civil SEA: "Function belongs:to Civil Service. Board." Same as stated under 1.4 above'. COMMENTARY Uniform` Selection Guidelines issued by the Federal Government under Title VII' of Civil Rights ; Act .:,estab- lishe standards for test validation. Unless Lhese standards can be met, the employer may not ;use : a competitive examination. Sameas stated under 1.4`:above. PROPOSED CHANGE Rule 2.3 Interprets Charter provisions of Section 63. Provides that Chief Ex- aminer will assure that Dir. of HRD provides examinations`in accord with Rule 6 and maintains eligible lists in accord with Rule 7. Also provides. that Chief Examiner shall assure that appointments are made in accord with Rule 8. 111 Rule 2 5 Requires signature of Chief Examiner.._ or Dir. of HRD to certify payrolls. PENDING ORDINANCE Fire union: Police union: tion in HRD. AMENDING CIVIL: SERVICE RULES= Illegal power grab. Vestsuncontrolled discre- SEA: "No_position." Other unions: None stated. -4- Change is based on letter of 4-17-78 fromJustice:Department with states that co::ipiiance with""`Federal Selec- tion Guidelines cannot be achieved by=alay person,. "such as;the;:City 's Chief Examiner.," -'and states. thaw. -qualified professionals are required. There is currently no procedure in effect for certifying' payrolls. This amendment would provide for sharing authority in order to establish a pro- `cedure for compliance; with Section 67 of the Charter. ,:PROPOSEDCHANGE Rule 2.6 Omits Board approval of _requests to continue employment beyond' age 70 Rule 3.2 Dir. of HRD shall records. maintain_ personnel PENDING ORDINANCE .AMENDING ,CIVIL .SERVICE RULE. UNION _ POSITION. SEA,:"Only when physically:qualified." � Other Unions: None.stated- Fir-e'union Detailed keeping of such records has:: been eliminated.. Police union: Employees are entitled:. to "inherent privacy rights.-" SEA: "No Position." `COMMENTARY Change is intended to relieve Board of _ routine , detail. Personnel records are now maintained by TRD, as provided in Ordinance #8526 c:reatinqthe .Department. Floridalawn and legal opinions of Law Dept. 90 ve ,,,access to publicrecords.` 11111111 :PROPOSED CHANGE' Rule 4 Assignspolicy functions to Civil Service Board with authoritY to -. take testimony under oath and make, x recommendations to Commission.and;.� other officers. . Also -provides 'for Chief Examiner to review applicant' complaints - Rule 5 Pr vio des ,for Dir." of �HRD to issue job announcements and determine residence requirements. PENDING.;ORDINANCE AMENDING CIVIL SERVICE RULES :UNION POSITION Fire union: .TransferS,investigative au thority from the Board°to,the Chief.Ex- aminer. -Police; union:. Creates..a."civilian review. board ." SEA: "No Position." Fire union:. Alters '.'the express or im- plied Charter authority of the Board. Police union: "In essence this rule adoptS the language of the 'Consent Decree'." SEA: "Authority should stay with the Board." OMMENTARY This change is.`intended to strengthen theinvestigative powers of the Civil Service L3oard and to clarify the cur- rent authority,of the Chief Examiner to investigate employee complaints. It does not transfer authority from the ' 13oard to=_they= Chief :Examiner,. but mere - ly:enhances..thee authority: ,Change is based on letter of>.4-17-78 from Justice Department which states that a board "of lay'.members" is not quai.lfied to determine job require- ments.. Residence Provisions 'are in- tended to -Permit compliance with Federal requirements (such as Model Cities hiring of neighborhood resi- dents) and other programs adopted by the CityCommission. MN • \Rule 6 PROPOSED CHANGE Assigns to Dir. of HRD the responsi- bility for conducting examinations in accord with "recognized selection pro- tcedures" and "sound measurement tech- niques." r Rule 7 Provides that Dir. o celigible registers. HRD,wilI maintain' •PENDING,.ORDINANCE AMENDING CIVIL SERVICE:RULES ,UNION, POSITION Fire union:. Violation.of"Section 64 Charter which provides "that all promotions shall be made by uniform rules made-by"the Board." Police union: "Rule 6 can also,be seen as an opportunity to allow.underqualified Per- sons -to be given Preference- .,ill .examina- tions " •,'1 SEA:; "As long as the Selection Procedures and Sound Management Technique are approved. by the.Board Fire union: Alters -"the express or im- plied Charter authorityof the Board-" Police union: Combines Rules 7 & 8 in com- ment below. SEA: "As -long as the Eligible Register an ending date." has; COMMENTARY of Change is based on letter of 4-17-78 from-Jubtice Department stating that examinations:, with adverse impact must be validated in -accord with 'Federal Selection Guidelines_and that this requiresa change in. the City's Civil Service Rules, ,since the Federal Guide- lines "contemplate that; qualified pro- fessionals trained in the science of industrial' psychology be used in, the process of developing,and.validating selection procedures Eligible registers are currently main- tained by HRD.under provisions of ,Ordinance ,#8526. 1 tr. PROPOSED CHANGE Rule 8 Contains new.provisions for certi- fying eligible candidates from registers. Basically provides that top 5 candida-tes will be referred for interview, along with top 3 minorities and women. Permits "selective certification" when special qualifications are proper- ly justified. Rule 9.4 Provides that a probationary employee may be discharged or reduced in rank upon notice from the Depart.ment Dir. "approved by the Dir. of H121).1" Rule 9.5 This is a verbatim copy of the exist- -- S tion eexcept that ing Rule VIII, ec , it omits the parenthetical statement • which reads as follows: "(However, SEA: "No Position," such employee may be discharged by compliance with Rule XVI of these 1 )" PENDING ORDINANCE AMENDING CIVIL SERVICE RULES COMMENTARY Fire sqteliance, on the Consent Decree -is misplaced and is, in fact, a diVersionary. tactic .. "' " - POlice union: Proposed rulespermit the wholesale passing over of meritOriOUs ,applicantS in fur-therance of adopting a quota system of 'hiring." SEA: " "No position." Conseilt Deere . based ,o 1 tter of_t1-=17-78 from'Justice DOartirlent-:T.4ihich-:staces that current referral:prOcedures "have worked cver'a'PoriOd of:many ,years to excl-Pde-mihorities and women from the.citY's Wot:force7 'states that Civil.-Serviee',Rules:shoUld.be,amended "in order to aPPointmchts ancLPromotlons in the citY!s classi- fiedserVice wiIi-Meet the:,goals establishedunder.Sectien 5.6f. the The.spedifid changes are-bac.ed,on:National:civil,service .f.cation. t r n d award "broadband certi Fire union: violates Charter authoritY The pr-oposed amendment simply incor- of the City Manager to appc-int and remove Porat-es exist-ing practice and currenall t erniployees. interp-retations of the City Chartcr. police union: "city ilanacier. and the Civil The cili.Inge cioesnot remove any exist - Service Board surrender their input into . authority of the Board. th obat.ionary appointment process." SEA: "No Position. Fire union. "D 1 tes the power of the City to discharge a probati.onary employee. -8- • Change is proposed solely in the inter- est of brevity. Its inclusion in parentheses in the regular rule in- dicates that it is surplus language It should go without saying that this rule on probation does not constitute a limit on the Civil Service Rule con- cerning discipline. A Rule 9.7 Contains new provision stating that a probationary employee who is dis- missed may be returned to the eli gible register by the Dir. of HRD:: PROPOSED ORDINANCE AMENDING CIVIL: SERVICE RULES Police union The proposed rule contains an "amorphous standard" that is merely ap- plied in the "best interests of the City." Fire union:. This alters "the express or implied Charter authority of the Board." SEA: "No Position:;" COMMENTARY The Consent Decree provides that pro- gress towards hiring and .promotional goals shall be computed on the basis of employees who complete their pro- bationary period. The purpose of the change is to permit an employee to have:. a secondchance if he fails on one job but shows promise of success on another: 1111111111111111.11111111.111111111 • 41t- Rule 11.1, This contains new authority_ for ;he Civil Service; Board to authorize the transfer of an employee from one class to another in the same salary range when the minimum qualifications are equivalent. PENDING ORDINANCE :AMENDING .CIVIL SERA7CE';RULES Police union: The proposed,r=:le "permits employee transferswithoutthe current requirement of Board approval, and competi- tive examination. SEA: "No Position.': COMMENTARY Transfers are not subject to .exams under the present, or the proposed- rule. The currentRule XIII:on-'transfers -states that nothing "shall be construed to interfere with the right of the City Managerto assign or reassign em- ployees " The letter of 4-17-78 from the Justice Department points out a need "for : the;. City to review and re- vise its procedure" on job assignments because.. of the provisions., of the Con- sent Decree. Section 7 of the Consent Decree. provides that a member of the affected class may transfer to a dif- ferent ; line of work' in order to improve his or her promotional opportunities. "This provision is intended to:.e}:tend the'.. authority of the Civil: Service Board with respect to transfers in or<:cr to help conply.with provisions' of the ;Consent Decree. • ;PROPOSED CHANGE °Rule 12 Provides that the Dirof HRD shall maintain layoff registers and refer names from such registers. c • Rule 13.1 Provides that serviceratings shall be made on forms prescribed by the, Dir. of HRD. Rule 14 No change. PENDING - ORDINANCE AMENDING. CIVIL SERVICE RULES UNION. POSITION Police union: "This rule is a further erosion of the Civil Service Board's au- thority.". Fire union This alters the "express or implied Charter authority;; of the Board." SEA: "This authority should remain with the Board." COMMENTARY IMENTARY Under ',the provisions- of Ordinance #8526 HRD currently maintains all per- sonnel re ords.' This includes eli- -cjible registers. Theproposed change is intended to reflect current prac- tice.; Fire union: Alters "the expressed or:im- The letter of 4-17-78 from the Justice lied Charter authority of. the Board. Department points out that the Consent P Decree and the Federal Selection Guide - '"lines require the City to validate examinations.. Criterion -related val- idity studies -require .professionallY developed standards of -'performance to ,compare withtest scores. The change 'is intended to makeit possible to comply, with test -validation require- ments. Police union: "This proposes!rule violates' the Charter and the Constitution." SEA: "No Position." comment. PROPOSED CHANGE Rule 15 No change. Rule 16 No change. Rule 17 Adopts for the first time a stand- ard non-discrimination clause in City employment. Also includes new prohi- bition against fraud and collusion in the exam process with enforcement au- thority assigned, to the CivilService' Board PENDING ;ORDINANCE 'AMENDING. CIVIL SERVICE RULES POSITION Fire union: This rule "sneaks the provisions of the Consent Decree", into the, Civil Service Rules Police' union: This is "another attempt'. to codify the Consent Decree:" SEA: "No Position." COMMENTARY cement. It does not seem objectionable to include, a non-discrimination clause in the rules, sincethe City has agreed to such provisions` in the Con- sent Decree and is bound by provision 'of Federal law. The prohibitions on fraud are intended to strengthen the integrity of the Civil Service systt-rn • \ Rule 18 No change.. Rule 19 No change. Other Changes s. Proposed ordinance deletes Rule V,Section 3, entitled "Oath of Allegiance.":` II Till 11101111011111111 • PEPJDING ..ORDINANCE. AMENDING' CIVIL SERVICE RULES No comment. Fire union: Notes this change without comment: Police union:. No comment. $EA: "No position.", COMMENTARY: o comment. comment. The provision in the current Rules is the - typeof loyaltyoaththat has been found unconstitutional as an abridgement of First >Amendment rights. Verbal discussions with the Law Dept. 'sled to; - this >Change. -13- 111111111.11.111.001.101 itt - . 2. Proposed ordinance deletes. F3_*re i.inion: Places this fianctiori,"into Other Changes - cont'd iorl . th d• t'onary power of orle man. present Rule IV on classificat • e iscre 1 S . 11110 Position, SERVICE RULES CITY COMMISSION MEETING OF JUL2 4 -14- PENDING ORDINANCE AMENDING CIVIL POSITION UNION OPOSED CHANGE COMMENTARY e ion: No comment. to revie,j jobdescript.' ions :::slteitetnel: ociflia41.-ill-e7::::111patrilitItlyis- tice DePartmerrt requires the andC.- Police un . .ti member.s whether a board Of lay determine job also regeunitrse; pjruosfte3s.csional review of requiiem ti_mc.!-in-grade and performance recitail-.--2- men-ts. The class specifications uwicr the classification plan fonm the basis for al_nl.„jonbo apnrnoovt.iiislcioennienauttsh.orTihzeinCghzt-c-Iteer contai ., Civil Service Board to assume respensi- bility for job classificati.ons. So_c- tion 90 of the Charter, however, „assigns i-esponsibility to the City Man- ager to "fix the number a-41(.1 salaries or compensation of einployees." This change is based on the Consent Decree and the City Charter.