The URL can be used to link to this page

Home My WebLink AboutItem #08 - Discussion Item6t• m Joseph R. Grassie City Manager FROM! e*1\„ • e• CITY OF HIAMI, FLORIDA NThR.oFFIC74iEMORANDUM Robert D. Krause, Director Department of Human Resources July 5, 1979 ME; surnrnary of proposed Civil Service Amendments itEFt FIZFICES: ENCLOSI.JRES: 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's four labor organizations on June 25, requesting their comments by 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. aill.tre vitt di At 4er/wolf "siestas own J7PS 410,0"nwdor 7- V- if • - . , . . . ' - ' • , „ . . • . • • -• • • . — . . . • ' , • ' , iuuIuii.iuI.uIuuI s • Mr. T. J. Duggar, President Sanitation Employees Association 3401 N.W. r Street. Suite'E Miami, „Florida Dear Mr. Dugcar: As you may Y.now,.the City Commission; will consider a.proposed ordi- nar_ce amending ;the Civil ServiceJeuofsthe suhstantiallinterestsof ng at itS. meeting ' of ,,.July 'll, 1979.� �Beca - 'his subject, I.am atter^pting to provide employee organizations .in , a summary that may 'assist the Cozu1ission in its review. of'the issues. ' information a work` sheet containing a; brief I � enclosing for1 . �our �s ,,and =.a brief �_s�mary . of s �y; under - description of the,proposed:change r royosed amendments._ of the positions :expressed by the unions on, the-pr mendrients... Since' the ;Fraternal OrciVeer of'pfro °°dedeaa:wai ttenthe l.coe�aenta�Ya a Association of;Fire,Fighters each,. a . on:the,proposed-_ordinance, the attached worksheetmakes frequent re- ferences to.those"documents. ovee organizations have had copies`. of the oropte osedyCYou1 Service amenpl s rear, I would. forwould more than a �� Service -amendment_'of' the, enclosed documents< to- me .I Jul-1, review and easefee cope ncl . claraf,r ^r s toi e ark ur.�_on 19-7g; Please feel free to co_r...- ,. Mum- r 1 2 ty Co*imissic^. to,ha�•e ,on:; �h' s position .,which You would lire the Cy mart' table. I will prepare a revised document con ing•views as possible., �' th� As you can :under s and, t .is important Lnat e st,;r*nary be provided. to gularni e to iully, er 'informed th e Commission a week in, advance of theregularmeeting, in'order that members of. the Commission will have anP on the issues. Verl, , truly yours,. Joseph <R. Grassie. Enclosures crlri• (; 'Fir (i,v :1,. f (74;1`'0 C.7'tf,1 r• Li U :'.' ;r June' 25,` 1979 Mr. A. C. Sherman,. ;Presider Miami General Emplovees Assoc. A 'SCME 100 NU..37.Avenue - Suite *400 Miami, Florida 33126 Dear .Mr. Sherman: As you may know , the City Comrii ssi amending on will consider a `proposed ordi- nancethe Civil Service. Rules on second reading,. at its ::_i meeting of July 11,.1979- Because of the substantial interest of employee organizations :; in this subject, I am a tte„ Pting to , provide a summary`: that may' assist the Co„mission in its review of the issues. sheet containing brief I am enclosing for_ your information a work description of the, proposed changes; and a brief summary of my under- standing of the positions expressed by the unions on the proposed amendments- Since the Fraternal Order. of Police'. and,, the International Association of Fire Fighters each` avedProvided F o1 dsiiea wrikesnfcommentary r '.er.taton the.proposed ordinance, the a re- ferences to those documents. Since all er1oYee organizations have had copies of:the proposed Civil Service amendments for more t`aofatYieaenclosedldocu-�entsato me by you • would reviewand ;return a copy July2, 1979. Please feel free tmoocorrect, clarify or amplify any union ; ;, position'which you would like the City `Commission to have on this sum- marl' table. I will prepare .a ing views as pos tart that the summary be provided to As you can understand, it is i_.,co= the regular meeting, in order that the Commission a week in'advance of fully Lhat members of;the' Commission will have an' opportunity to be fully. d on `the issues. revised" document consolidating` ible. OF !CI: c,r -Itit {,!Tt•-�,;t�\t+(?_ ,. .: the differ- :.PH Ci; v�r`•Sa. �ew"t Dir. Jack Sullivan, President Fraternal Order of :Police Miami Lodge *20. 2300 N.W. 14 Street Miami,. Florida ,:_ 33135 Dear Mr. Sullivan:` As you ;may know, the ` City Cci«ttissiulesillon second at amending the Civil Service meeting . of July 11, 1979. Because of, the substantial interest of employee organizations in this Cso�issionject, l am at>in tstreviewgof;the issues. o Provide a summary that :'may :assist the I am Lnclosing for yourbrief information a work.sheet'cont:ini^.g a. description of the proposed changes and a briefunions ummaontheop�oyosnder- standing of the positions e>.pressed:by amendments. Since the Fraternal Order of Police licesand thewrittnInt�entional Association of Fire Fighters each have Provided arY on the proposed ordinance, the attached 'work sheet :makes .frequent re- ferences to those documents Since all employee organizations have had copies of rheioropate csedyCivvil Service amendments for more .thaotatheyear, enclosedwould documents to me by ou would review and return a copy ut union July.2,, 1979. Piease feel free to correct, clarify or.amplify any position which you would like the City Commission to have on this sun, - nary table. I will prepare a revised document ing views as possible. As you can understand, it is importantQthaatregL; he summary proingvidedthat. the� Commission a creek in:advance of " ortunt to be fully informedorder of the C •scion will have an opp Y on the issues. Very truly yours, JcnA s .' r,;S1;: Joseph R. Grassie Enclosures Ofif(•r:Of 1.-1 f, ati %C.in ° J1 -f '.? 1 many of the differ- Cit.; N7ar,,4;or Mr. Donald Teems, President In .ernational Association of Fire Fighters - Local 4587 2980 N:w.;South River Drive Miami,; Florida 33125 Dear Mr. Teems: As you may know, the City Commission; willconsider a proposed ordi- nance amending the Civil Service Rulesonhe second tdnriadiigg-terestsof meeting of July 11, 1979. Because ect,;I art attempting to nrowide employee organizations in this"" subj, a summary that may assist the Commission in its review=of the.. issues. I am enclosingfor your information a work sheet containing a brief description of the proposed changes end a brief summary of My under- standing of the positions expressed by the unions on the proposed amendments. Since the Fraternal Orderof Police licei_deetaandittente Int rn .ioryal r Association of Fire Fighters each h p on the proposed ordinance) the attached work sheet rakes frequent re- ferences to those -document. Since all empioyee organizations have had copies of the proposed Si_. year, I would o p ou Service, amendrCnts, for rare thanofathe enclosed documents to me by would review and return a copy r'enor s tife by union July 2, 1979.' Please `'feel ;.free to corrCct�issionclarify to have on this position which you would like the City sum- mary table. ".f � � differ- , I will prepare a revised document consolidating; as many. othe iffer ing views as possible. .. As you can understand, it is important that the su ne ary provided to the regular meeting, in order that the Co*r�isson a week in advance of L .y L. � .�•.i 1y informed have art cpportun_ to be ner;3�ers of'the Co::mission , 'wi3l �_ on the issues. Gory truly yours,; Joseph R. Enclosures 5cc: Jnnn . 'Zoom A /a1Xe. ?.o ert D. ::raus _...il.i C.ir ric �. ..'. v•. .�, :=e: 1'i'1: t':s'i ... i.. PROPOSED ";CHANGE Rule 1.`2 (a) Commission staff to be appointed by City _Manager upon >.nomination by. Com- missioners. Rule 1.2(b) Includes the heads of agencies and offices created by. City Commission the unclassified service. (1) Sets limit not to exceed 5 Unclassi- fied Assistants in .each, department. (1) Eliminates requirement that certain Assistants be promoted from..within. Rule 1.2(c) CITY OF MIAMI PENDING ORDINANCE AMENDING CIVIL SERVICE RULES SUMMARY OF. ISSUES , UNION POSITION Police union: Weakens merit system: Eire."unon: . Terminates sound promo tion praictice.: SEA:. "Curtails promotional opportunities from within.' -1- By .'custom, Commission staff has be.:. ,appointedb_y City. Manager since the Charter is silent on staff for Com- missioners. This amendment continuos and clarifies current practice. These positions are currently in the unclassified service. Z'nienament is intended to assure. Commission control over creation of agencies and offi..c' (1) 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 Attorney has ruled that current provision on promo- tions of Assistant Directors violates Charter authority of City Manager to make appointments under Section 1G of the Charter. Also limits minority at.:i N IIINIMINIPMMIPPIIMMOMMUIPPM ,- .PENDING ORDINANCE AMENDING CIVIL SERVICE RULES PROPOSED,CHANGE. Rule :1.2 (d) Jobs under. Federal grants: may, be. placed inunclassified service only when -Dir. of HRD determines :that Civil Service procedures are not feasible. Rule 1.3 ExtendCivil Service to Federal grant jobs whenever IDir of HRD;-'determines that : itis: _ feasible. U?IONPOSITION. Fire .union: Too much-authority`for 'Dir. of - HRD. Authority should' remain with Civil Service'Board:. Police union:`` Violates City Charter:. SEA: "Too much authority. ; for :Director of IIRD creates the Spoil Systeri -2- The change- _is "intended to facilita t 110 compliance: with the ; Consent Decree and:improve improve the -merit system by in- c,lcding-CETA,jobs under Civil Service. Additionally, Federal government is no':r in process of extending Federal •Merit System. Standards to all Federal Grant Programs. While this change is not now essential, -.its 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 a:iproved, CE'_'A employees ;would continue to be e:•:- cluded_.from Civil Service. PROPOSED CHANGE Rule1.4 Dir.`of HRD to determine when it is practicable to give competitive. examinations.. Mule"1.5: Dir. of HRD competitive given., to determine; when non - examinations should`' be PENDING ORDINANCE AMENDING CIVIL SERVICE RULES 'UNION POSITION Fire union: Function belongs to,Civil Service , Board. Police union: Assigning this power to Dir. of HRD-invites return: to the spoils system. SEA "Function belongs to -Civil Service Board." Same as stated under;1."4 above. COMMENTARY:. Uaifo,rm Selection Guidelines issue_ by the Federal ,Goverr_men t under Title VII of Civil, Rights Act esta. - lishe standards, for testvaliaation. Unless these -standards -can be met, the employer may not use a competitive exafinaLion.., Same as stated' _under 1.. above. PENDING ORDINANCE AMENDING CIVIL SERVICE RULES UNION: POSITION': Fire union: 'Illegal power grab. Police union: Vests uncontrolled ,discre- tion in HRD. PROPOSED CHANGE Rule 2.3 InterpretsCharter provisionsof 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 shallassure that appointments are made in accord with Rule 8. Rule < 2.5;. Requires signature of Chief Examiner or Dir. of HRDtocertify payrolls.. None stated-. -4- COMMENTARY Change_is based:on letter,of 4-17-7$ from :Justice Department. with. states that cocupl-iance with Federal. Selec- tion Guidelines:cannot be achieved _by a lay person, "such .as the City' s Clu of Examiner," . and -states that :qualified professionals are required. There is currently no procedure in ,. This for certifying parr payrolls. his amendment would provide Col: sharini; authority in order to establish a 1:0— cedure _for compliance with Section u7 of the Charter. -n.�i:�*I��l•��I�l�a�!�ii�li�illl�!!l.�11��1 PROPOSED:`CHANGE':, Rule 2.6 Omit Bard apprOVa.1 of requests continue employment beyond age 7 Rule 3.2`;- Di o HRD shall records.. maintain to. personnel PENDING ORDINANCE AMENDING CIVIL SERVICE RULES UNION POSITION SEA: "Only when physically:qualified."' Other Unions: None stated. Fire 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 of rou-tine: detail. relieve Boar Personnel records are now naintaine:i by I1RD, as provided in Ordinance ;: - `:,26 creating the Department. Florida and .legal opinions of - Law Dept. gov'-'r-n access to public records. k wwWWWWWWWWWWWWWWM Rule 4 Assignspolicy functions to Civil" Service Board with authority to take testimony under oath.., and make. recommendationsto Commission and other officers. Also provides for Chief Examiner to_review applicant = complaints Rule 5 Provides for Dir"of HRDto issue job announcements and determine residence requirements. PENDING ORDINANCE AMENDING CIVIL SERVICE RULES .UNION POSITION' Fire union: Transfers investigative a 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 ianquage of the'Consent' Decree'." SEA: "Authority should stay with the Board." COTttrtiENTARY This . change is intended to strength& ". the investigative powers of the Civil Service Board and to clarify the cur- rent authority of the Chief E.{am1z to . investigate employee complaints. does not transfer authority from the Board to the Chief Examiner, but mere- ly enhances the authority.. Chancre is based on letter of 4-17-7 . from Justice Department which stater that a �lpsard_ "of' lay members" is not. quaLiiieu to aeternine job require- ments j Residence provisions are ih- tended to permit compliance with Federal'requirements (such as Model Cities hiringof neighborhood resi- dents) '. and -other.. progranhs adopted 1. y the City; Coriunission . Rule 6 Assigns: ,`to Dir. of HRD theresponsi- bility for conductingexaminations in accord with "recognizedselection pro- cedures" and "sound measurement "tech- niques." Rule 7 Provides- that Dir. of HRD will maintain eligible registers. •PENDING ORDINANCE AMENDING CIVIL SERVICE RULES Fire union: Violation of Section 64 of 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- in examina- tions . SBA: "As long as the Selection Procedures and Sound. Management Techniqueare approvOR by the ,Board." Fire union: Alters "the express or im- Plied Charter authority of the Board Police union: Combines. Rules 7 & 8 in,com- ment below. SEA: "As long as an ending ,:date. the Eligible -7- COL L:IENTARY' , Change is based on letter of 4-17-71 from Justice -Department stating L. t examinations with adverse impact r.,ust be validated in' accord with Federal Selection Guidelines and that this requires a :change in the City's Civil Service Rules, since ` the Federal lines "contemplate that qualified pro- fessionals trained in the science industrial psychology be used in process of developing and validating selection procedures." Eligible registers are currently x .:in- tained by HRD: under provisions of Ordinance #;8526'. PROPOSED :CHANGE' Rule 8 Contains newprovisions for certi- fying eligible candidates from registers. Basically :provides that top 5 candidates will' be referred for interview, along with top 3 minorities'and wo:ren. Permits "selective certification" when special qualifications are proper- ly justified. Rule 9. Provides that a .probationary employee may be dischargedor reduced in rank upon notice from the ` Department Dir. "approved by the Dir. of " I-IRD." Rule 9.5 This is a verbatim copy of the exist- ing Rule VIII,: Section 6e, except: that it omits the parenthetical statement.:` which reads as follows: "(However, such employee may be discharged by compliance with Rule XVI of these Rules.)" PENDING ORDINANCE AMENIDING CIVIL SERVICE RULES UNION POSITION Fire union: "Reliance on the Consent Decree is.misplaced and is, in fact, a diversionary tactic .... Police union: Proposed rulespermit the wholesale passlflg over of meritorious. applicants in furtherance of adopting a quota system of hiring. SEA: "No Position. Fire union:" Violates Charter authority of the City Manager to appoint and remove all employees. Police union: "City Manager and the -Civil Service Board surrender their input into the probationary appointment process. SEA: "No Position Fire union: "Deletes tl'e power of the City todischarge :a- probationary. employee. SEA: "No Position." -8- COMMENTARY Change is based on letter of 4-1 7 from Justice ; Department > which sta that current referral procedures l._:•2 _. ,:;raced over a period of many :roars to exclude minorities and women f the City' s work force." States Civil S arvlce Rules should be arn`::Jc i "in order to assure that appoint:::.-,nt and promotions in the City' s classi- fied service will .meet the goals established under Section 5 of tip Consent ' Decree." The specific cIi.:nc,es are based on National civil service tr .nci toward "broadband. certification. The proposed amendment simply in: porat`s existing practice and cut.Inc interp.:etations . of the City Chart r . The ch :rxge doles not remove any ex i s t- ing .authority of the Board. Change. is proposed solely in the rate - est of brevity. Its inclusion in parentheses in the regular rule dicates that it is surplus It should go without saving that Lill::: rule on probation does not constitute a limit on the Civil Service Rule cur=- ceir_in:i discipline. Rule 9.7 ..,_ Contains new provision stating that a probationary cinplo.' e who is dis- missed may be returned to the eli- gible register by the. Dir. of HP.D. Rule 10 No change.'. PROPOSED ORDINANCE AMENDING CIVIL SERVICE RULES UNION ,POSITION Pohice union: The proposed an "amorphous standard" . that . plied in. the "best interests Fire union: This alters." impliedCharter authority of SEA:: "No Position." No comment.; rule 'contains is merely ap- of the City." the `express :or the Board." The Consent Decree;, provides that rr gross- towards hiring and prorrlotior._il goals -shall be.`computed'on -the basis of employ ees;who complete their pi . bationary -period..: The purpose of 1.1.:.' change is to permit an employee t_c have a second chance if he fails c;: one job but . shows promise of scccL_;s on- another. No commant _n_ �ni MIWWWww.1M PROPOSED "r CHANGE Rule 11.1` This: contains new authority for 1.he Civil ServiceBoard to authorize the transfer of an employee from one class to another in the same salaryrange when the minimum qualifications are equivalent: PENDING ORDINANCE AMENDING CIVIL SERV:TCE RULES POSITION, 'Police union: The proposed' 2r le "permits employee transfers caithout the current requirement of Board approval and competi- tive examination." SEA: "No Position." -10- COM IENTARY. ' PN Transfers are not subject to exams _ under the .present or the proposed rule. The. current Rule XIII on transfers stat.2-> that nothing "shall be construed to interfere with the right" of the City Manager to- assign or reassign em- ployees ..:." The letter of 4-17-7:1 from the. Justice Department points out : a need ,, .tor the City to review and re- vise its procedure" on job assignn-•=:::ts because of the provisions of the Con- sent Decree. Section 7 of the Conte•_ *:t Decree provides that a membQr of the affected class may transfer to a dii:- ferent line of work in order to i:r.pra his or her promotional opportuniti;2:; . This provision is intended to e__tel...t the authority of .the Civil, Service Board with respect to transfers in to help comply with provisions of the Consent Decree. Rate -12 provides that the Dir. of .HRD shall maintain layoff registers and refer names from such registers. Rule 13.1 Provides that service ratings shall be made on forms prescribed by the Dir. _ °of -HRD. Rule 14: No . change._ PENDING ORDINANCE AMENDING CIVIL SERVICE RULES Police union: "This rule pis a further erosion of the Civil Service Board's au- thority." Fire "union: This ,"alters the "express �or implied _Chrter authority: of the -Board. SEA: "This authority should remain with.;. the Board." ri_e;;union. Alters "the expressed or im plied'Charter .authority, of the -Board." Police union. ."This proposed rule"violates the Charter and the Constitution.. SEA. "No _ L osition.. No. comment. -11- Under tine provisions of, Ordinance 3 5 2G FiRD - currently. maintains all per- _ :sonnelHre:::=ds: This,.includes eli- T c c ible t e,isiers. :The proposed c is in.ter ded to reflect current pry-•-'- tice The:"'fetter of .4-1778 from the Jug: ic. ,Department points out .that the Cc:._:cnc iee ee and the Federal Selection limes icc?uire the - City to validate e .&minations_ Criterion -related idi ty s+tudies require prof_essiona l i y developed standards of performanc•_: Le compare with test scores. The ch _t :«- .intended to make it possible to coiipiy eoith.- test validation requi i-. - ments': COR!ic.en t. MIN PROPOSED' CHANGE Rule 115 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 Civil Service Board PENDING ORDINANCE AMENDING CIVIL SERVICE RULES -UNION:POSITION; No comment: No comment Fire union: Vas 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." -12- *COMMENTARY No .continent. No,comment.� It c?oes not:; seem_ objectionable to include.a nor: -discrimination clause in the.:rules,'.since the City has agreed to such provisicns in the Co:; - sent Decree and is:bound by provisi= of Federal law. The prohibitions fraud are -intended to strengthen th,- } integrity o.i the Civil Service systcm. Rule 18 No change. Rule 19 No change. Other Changes 1. Proposed ordinance deletes Rule V, Section 3, entitled "Oath of Allegiance. PENDING ORDINANCE AMENDING CIVIL SERVICE RULES No comment.:. No comment. Fire_union Notes this change without comment. Police union No comment. SEA,: "No Position." No comment. Tr e provrs ion in the ci rrent Rules is the tl'pe of :loyalty oath that 11_:.; been ound uncor_stitutiona1 as an abridgen.ent of First .Amend T ent Verbal - discussions th,_ the Law DcL.L . led to this change Other Changes -- coned 2. Proposed ordinance deletes'. present Rule. IV on classification. PENDING ORDINANCE AMENDING CIVIL SERVICE RULES UNION POSITION.. Fire union: Places this function "into '. the discretloflarY power of one man. Police union: No comment. "No Position, -14- COMNENTZ.Ri'', The Letter of 4717-78 From the Sus- tic2.Department requires the. City tb reViG d job descriptions,- and questions whether a board -Of lav members is qualified to determine requirements. Justice Department also . requires professional review o t time-ingrade and performance requic�- ments. The class specifications utt.-e.. the Classification plan form the for all job announcements. . The Ctta : i:: r contains no.provision authorizing ihc= Civil'Service Board to assume respc.i i- bility for job classi ications. SL tion 90 of -the Charter, however, assignsresronsibi Y lip tothe City :-'a — ` yy� atjer to 1"fix the number and sa1ar17► nt or compensation of e___loyee s.11 ll.is chance is based on the Consent Dec anci; the: City Charter.. MR, MAYOR; AND MEMBERS OF THE COMMISSION I WOULD LIKE TO INTRODUCE THE DISCUSSION OF THE PENDING.CIVIL SERVICE;ORDINANCE BY SPEAKING TO THREE POINTS WHICH NEED CLARIFICATION; POWER GRAB STAFF. THE CIVIL SERVICE -BOARD THE HRD BUDGET 1, AT A RECENT PUBLIC MEETING THE OPPONENTS OF THE CIVIL SERVICE RULES CHANGES`MISLABLED THEM AS REPRESENTATINf A "POWER GRAB" BY =THE DIRECTOR OF HUMA!J RESOURCES WHICH HAS THE EFFECT OF TAKING A MA.JOR ISSUE OF PUBLIC POLICY AND MAKING IT SEEM LIKE THE TRIVIAL INTEREST OF A SINGLE PERSON. QUITE THE CONTRARY! VARIOUS`PROVISIONS OF THE PRO- POSED CIVIL SERVICE RULES STATE THAT THE DIRECTOR OF HUMAN RESOURCES' "SHALL" PERFORM CERTAIN FUNCTIONS AND."MAY". EXERCISE JUDGEMENT IN -THE PERFORMANCE OF OTHER FUNCTIONS,,• THIS IS THE NORMAL TERMINOLOGY BY WHICH RESPONSIBILITY `IS 'FIXED UPON A SPECIFIC PERSON, IT IS THE WAY' IN WHICH`STATE LAWS, CITY CHARTERS, ORDINANCES AND RULES IDENTIFY,THE PERSON WHO CAN BE HELD ACCOUNTABLE, IT: MAY BE SIGNIFICANT TO NOTE THAT IN MOST:. PUBLIC AGENCIES THE CHIEF PERSONNEL OFFICER HAS GREATER •RESPONSIBILITY THAN THE PENDING ORDINANCE PROPOSES FOR THE DIRECTOR OF HUMAN RESOURCES AND GIVES, THIS DEPARTMENT DIRECTOR ONLY AS MUCH ,Sac •s rf o �,•"s, co ow E # AUTHORITY AS IS NEEDED TO EFFECTIVELY MANAGE THE ACTIVITIES OF THE DEPARTMENT, THIS DEPARTMENT DIRECTOR WILL HAVE NO MORE AUTHORITY THAN ANY DIRECTOR, INCLUDING THE POLICE CHIEF AND FIRE CHIEF. AND THERE IS NO AUTONOMY, ALL ARE RESPONSIBLE TO THE CITY MANAGER, WHO IS RESPONSIBLE TO. YOU, THE CITY COMMISSION, ALL OF YOU KNOW THE HISTORY OF MIAMI BETTER THAN I, YOU KNOW THE TRADITIONS OF DISCRIMINATION THAT LED A GROUP OF BLACK POLICE OFFICERS TO SUE THE CITY. YOU KNOW THAT IN 1973 THE CITY ENTERED INTO A CON- SENT DECREE THAT WAS DESIGNED TO ELIMINATE DISCRIMINATION IN THE HIRING AND PROMOTION OF POLICE OFFICERS. THE CITY HAS PAID A HALF MILLION DOLLARS IN FIVE YEARS TO THE UNIVERSITY OF CHICAGO IN ORDER TO COMPLY WITH THAT DECREE. AND WHAT HAVE BEEN THE RESULTS? YOUR AGENDA TODAY INCLUDES AN APPEARANCE BY AN ATTORNEY REPRESENTING A BLACK POLICE OFFICER WHO ALLEGES THAT THE CITY STILL HAS NO a BLACKS IN THE RANKS OF POLICE LIEUTENANT AND POLICE CAPTAIN YOU HAVE RE CEIVED A REPORT ISSUED BY THE DEPARTMENT OF HUMAN RESOURCES STATING THAT BLACK EMPLOYMENT IN THE POLICE. DEPARTMENT HAS DECLINED IN THE LAST FOUR YEARS; AND THAT THE INCREASE FOR LATIN OFFICERS HAS BEEN SO SLOW THAT IT WILL TAKE 50 YEARS TO ACHIEVE PARITY. WITH THE CITY'S LABOR MARKET. THESE ARE SERIOUS PROBLEMS FOR THE CITY, THEY WILL NOT BE SOLVED BY CLAIMS, THAT THE SOI.IITIONS REPRESENT A "POWER GRAB". THE PROBLEMS IN THE POLICE DEPARTMENT ARE NOT UNIQUE, IN 1975, UNDER AUTHORITY OF THE GENERAL REVENUE SHARING ACT AND OTHER FEDERAL STATUTES, THE UNITED STATES BROUGHT SUIT AGAINST THE CITY, ALLEGING DISCRIMINA- TION AGAINST LATINS, BLACKS AND WOMEN IN ALL OF THE CITY'S EMPLOYMENT PRACTICES, AGAIN, THE CITY VOLUNTARILY ENTERED INTO A CONSENT DECREE TO PROTECT ITS FEDERAL FUNDS AND TO CORRECT ITS DISCRIMINATORY EMPLOY— MENT PRACTICES THE CONSEN`yDECREE WAS SIGNED IN 1977. THE CITY AGREED TO MEET CERTAIN c. HIRI NG AND PROMOTION GOALS, ESTABLISHING AS ITS LONG-TERM GOAL, PARITY WITH THE LABOR MARKET IN ALL DEPARTMENTS AND AT ALL LEVELS OF EMPLOY— .E f MENT. BUT THE CITY AGREED TO MUCH MORE THAN NUMBERS; IT AGREED TO �� CHANGE A WHOLE SERIES OF EMPLOYMENT, PRACTICES THAT INVOLVE RECRUITMENT, 1 TESTING, MINIMUM QUALIFICATIONS/ TIME —IN —GRADE REQUIREMENTS, TRANSFERS, JOB ASSIGNMENTS AND OTHER PRACTICESTHAT. HAVE BEEN GOVERNED BY CIVIL SERVICE RULES THAT WERE ADOPTED 40 YEARS AG0 THE CITY EVEN HIRED THE NATIONAL CONSULTING FTRM OF BOOZ-ALLEN AND HAMILTON TO ANALYZE ITS EMPLOYMENT PROBLEMS. BOOZ-ALLEN RECOMMENDED A NEW DEPARTMENT OF HUMAN RESOURCES, WHICH THE COMMISSION CREATED BY 0RDINANrF IN 1976. THE DEPARTMENT WAS STILL BEING FORMED AND STAFFED WHEN THE CONSENT DECREE WAS SIGNED ON MARCH 2 A YEAR LATER THE UNITED STATES DEPARTMENT OF JUSTICE WROTE THE CITY A VERY STRONG LETTER STATING THAT THE CITY WAS NOT FULFILLING THE COMMIT— MENTS MADE IN THE CONSENT DECREE. THE JUSTICE DEPARTMENT POINTED OUT VERY SPECIFIC CHANGES THAT SHOULD BE MADE IN THE CIVIL SERVICE RULES. BOTH THE MAYOR AND THE CITY MANAGER RESPONDED THAT THEY WOULD TAKE STEPS TO COMPLY. THEY BOTH INSTRUCTED THE DIRECTOR OF HUMAN RESOURCES TO PREPARE AMENDMENTS TO THE RULES. AMENDMENTS WERE DRAFTED AND SUB— MITTED TO THE CIVIL SERVICE BOARD. THE BOARD HELD A PUBLIC HEARING AND APPROVED THE AMENDMENTS. THE BOARD RECOGNIZED THE AMENDMENTS AS NECESSARY FOR COMPLIANCE WITH THE CONSENT DFCRFE, 3 CIVIL SERVICE REFORMS, THE FEDERAL COURTS HAVE MANDATED CORRECTIONS TO THE TRADITIONAL DISCRIMINATION OF CIVIL SERVICE SYSTEMS,. .EVEN THE UNITED STATES GOVERNMENT ITSELF HAS ABOLISHED ITS OWN CIVIL SERVICE COMMISSION AND CREATED IN ITS PLACE A NEW OFFICE OF PERSONNEL MANAGE- MENT, THERE ARE TWO BASIC REASONS WHY THESE CHANGES ARE REQUIRED IN MIAMI IN OTHER PUBLIC AGENCIES ACROSS THE COUNTRY, AND i 1 1 FIRST, PERSONNEL ADMINISTRATION ACROSS THE COUNTRY HAS BECOME MUCH MORE PROFESSIONAL AND MUCH MORE DEMANDING IN THIS ERA OF EQUAL .OPPOR- TUNITY. THE PSYCHOLOGICAL PROFESSION HAS BEEN DEVELOPING NEW TECHNIQUES OF JOB ANALYSIS, PERFORMANCE EVALUATION, TEST VALIDATION, AND OTHER EMPLOYMENT PRACTICES, AT THE SAME TIME, THE FEDERAL GOVERNMENT HAS PREEMPTED THE RIGHTS OF STATES AND LOCAL GOVERNMENTS BY ENACTING NEW LAWS AND REGULATIONS. TITLE VII AND THE CIVIL RIGHTS AMENDMENTS OF 1972 ARE THE PRIMARY FEDERAL LEGISLATIVE EFFORTS, IN ADDITION, HOWEVER, FEDERAL GRANT LAWS CONTAIN NEW;REQUIREMENTS FOR FAIR EMPLOYMENT PRACTICES UNDER SUCH PROGRAMS AS REVENUE SHARING, LEAA, CETA, CDBG AND MANY OF THE OTHER GRANT PROGRAMS, THEN THERE IS SEPARATE LEGISLATION ON AGE DISCRIMINATION AND EMPLOYMENT OF THE HANDICAPPED, ON TOP OF THIS, FEDERAL AGENCIES ISSUE INCREASINGLY DETAILED AND PROFESSIONAL REGULATIONS ON EMPLOYMENT, THE MOST SIG- NIFICANT FOR OUR PURPOSES ARE THE UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES, THE MERIT SYSTEM STANDARDS, AND THE SPECIFIC REGULATIONS APPLICABLE TO EACH GRANT PROGRAM. IN PHRASES USED BY NOT ONLY DID THE CIVIL SERVICE BOARD APPROVE THESE AMENDMENTS, THE CITY'S AFFIRMATIVE ACTION ADVISORY BOARD HAS APPROVED THEM, THE DADE COUNTY COMMUNITY RELATIONS BOARD HAS ENDORSED THEM. MANY CITIZEN GROUPS AND COMMUNITY LEADERS HAVE SUPPORTED THESE CHANGES. THE AMENDMENTS RESULT FROM OPEN DISCUSSION, PUBLIC MEETINGS; ESTABLISHED CHARTER REQUIREMENTS; AND AN OBVIOUS NEED TO CORRECT DISCRIMINATION IN THEE CITY'S EMPLOYMENT PRACTICES -- NOT ONLY BECAUSE IT IS THE RIGHT THING TO DO. BUT BECAUSE $40`MILLION IN FEDERAL FUNDS DEPEND ON WHAT THE CITY 1 DOES ABOUT TH1S ISSUE E HAKE BEEN STATEMENTS THAT THE PROPOSED AMENDMENTS ARE NOT 2, liER 1 NEEDED ADD THAT THE PROBLEMS COULD BE SOLVEI BY GIVING ADEPATE STAFF TO TEE CIVIL SERVICE BOARD1 TtI:I,ILEA FL IES IN THE FACE 0� THE ITf'S WtSTORY OF THE LAST DECADE. pl R I NG THAT PERI JD THE CITY ' S 'E.MPLGYMEPIT PRACTICES HAVE BEEN UNDER CONSTANT`' CHALLENGE, THE CIVIL SERV CE BOARD AND ITS STAFF TRIED TC •ADAPT, BUT THEY FAILED, THE C!TY`S OWPJ CONSULTING FIRM, BOOZ ALLEN, -CONCLUDED THAT A NEW DEPARTMEMT WAS NEEDED. BOTH CONSENT DECREES CON- CLUDED THAT1AJOR CU/\IGES I�� RULES .'�N] PROCEDURES WERE REQUIRED. THE U. S, JUSTICE DEPARTMENT HAS POINTED OUT VERY CLEARLY THAT REVISED RULES AND PROCEDURES'ARE NECESSAR. UNIQUE .TO MIAMI, CITIES AND STATES ACROSS THE COUNTRY HAVE THIS IS NOT BEEN REFORMING THEIR CIVIL SERVICE SYSTEMS IO.PROVI)F NEW PROCEDURES FOR EQUAL EMPLOYMENT OPP0RTUN'ITY AND AFFIRMAMIVE ACTION. NATIONAL OFESSIONAL P,SSUCINTIOIYS AND CITIZEN GRO�IFS HAVE BEEN RECOMMENDIN�i PR THE JUSTICE:•.'IlEPART.IENT IT IS CLEAR THAT ACHIEVED BY THE • • EFFORTSTHIS' KIND ULD BY LOCAL ...-• BE DETERMINED PRO- FESSIONALS"Ta.:;-•:MEET-;1::THE-REQUIREMENTSOFTHEE.CONSENT.--: • . • • DECREE AND FEDERALREGULATIONSI SEC0NI THE CITY'S PRESENT CIVIL SERVICE RULES' IMP0SESUCH DIFFICULT OBSTACLES THAT THE SELECTION PROCESS. FOR AN AVERAGE JOB NORMALLY TAKES TWO TO THREE MONTHSS THIS IS BAD MANAGEMENT PRACTICE..BUT IT IS MUCH MORE THAN THATI IT IS INHERENTLY DISCRIMINATORY. ANANALYSISOF OUR STANDARD PRACTICES SHOWS THAT RECRUITMENT PRODUCES LARGE NUMBERS OF MINORITY APPLICANTS-- FREQUENTLY RANGING FROM 70 PER CENT TO ALMOST 90 PER CENT THAT THE PROCESS TAKES SO LONG THAT WE LOSE UIGH PER- CENTAGES,- • RATIO TO • •ONE-HALF THE RATE FOR OTHER CANDIDATES. SINCE THE FEDERAL GOVERN- MENTIT ••.•- CLEAR THAT THE CITY'S PRESENT PROCEDURES DISCRIMINATE AGAINST • IS MINORITIES:• • • IT. - I S ••. • ..•••••.••• • • BOARD.HAVE MADE NO EFFORT TO tJNDERSTAND THE REAL PROBLEM. THEREAL PROBLEM IS THAT ASYSTEM DESIGNED Lt0 YEARS AGO IS NOT PROVIDING FAIR TREATMENT TO THE INCREASING BLACK AND LATIN POPULATION OF THIS CITY ; . - • •H• •••• ,„ • - • - - „ 3 IT HAS BEEN STATED THAT THE CIVIL SERVICE OFFICE USED TO SPEND $250,000 PER YEAR TO 1)0 THE SAME WORK THAT N01,4 COSTS THE HUMAN RESOURCES DEPARTMENT $1 MILLION PER YEAR, THAT STATEMENT REALLY NEEDS CLARIFICATION, BECAUSE HUMAN RESOURCES IS ONE OF THE DEPARTMENTS THAT I SUPERVISE DIRECTLY, I WOULD NOT WISH ANYONE TO BELIEVE I:WOULD TOLERATE SUCH WASTE BECAUSE I FAILED TO CHALLENGE THE STATEMENT . I, THEREFORE, SUBMIT THE FOLLOWING ANALYSIS OF COSTS IN HRD : A, CONSENT DECREE COSTS: THIS IS A SPECIAL ACCOUNT TO PAY FOR THE UNIVERSITY )F CHICAGO CONTRACT, AS REQUIRED BY THE FIRST CONSENT DECREE, THIS IS A SPECIAL "BACK PAY" FUND FOR CITY-WIDE PAY- MENTS REQUIRED BY THE SECOND CONSENT DECREE, $ 41,000 THIS COVERS THE COST OF THE AFFIRMATIVE ACTION OFFICE. WHICH WAS ESTABLISHED AT THE SUGGESTION OF THE JUSTICE DEPARTMENT DURING NEGOTIATIONS ON THE NEW CONSENT DECREE, 50,000: THIS COVERS;THE COST OF TEST VALIDATION; REQUIRED BY THE:CONSENT DECREE, WHICH IS THIS COVERS THE COST OF THE ADMINISTRATIVE STAFF THAT WAS CREATED TO MONITOR COMPLIANCE WITH THE CONSENT DECREE AND PREPARE REPORTS REQUIRED BY THE JUSTICE DEPARTMENT. SUBTOTAL. THESE ARE COSTS DIRECTLY RELATED TO CONSENT DECREES THAT ARE DESIGNED TO CORRECT PROBLEMS CAUSED BY THE CIVIL SERVICE SYSTEM, 7 L OTHER NON -CIVIL SERVICE COSTS: $159,000 EMPLOYEE HEALTH CLINIC` $:32,000 SAFETY PROGRAM $125,000 DEPARTMENTAL ADMINISTRATION., COORDI4ATION OF CONSENT DECREE ACTIVITIES AND DIRECTION OF THE CETA PROGRAM. $315,000 SUBTOTAL. THESE ARE COSTS FOR CITY ACTIVITIES THAT WERE NEVER CHARGED AGAINST THE CIVIL SERVICE BUDGET, THESE TWO CATEGORIES OF BUDGET COSTS TOTAL $658/000, LEAVING $267,000 FOR OPERATION OF NORMAL PERSONNEL FUNCTIONS OF THE CITY. THIS IS THE COST OF THE PERSONNEL SERVICES DIVISION IN THE DEPARTMENT OF HUMAN RESOURCES; WHICH IS THE UNIT MOST NEARLY COMPARABLE TO THE CIVIL SERVICE • IT EXISTED PREVIOUSLY, OFFICE AS PERHAPS THE .MOST ACCURATE COMPARISON IS THE FACT THAT THE PERSONNEL SERVICES DIVISION IN HRD NOW HAS MIME BUDGETED POSITIONS, COMPARED TO THE 17 PREVIOUSLY INCLUDED IN THE CIVIL SERVICE OFFICE; SO AS YOU CAN SEE, THE COSTS OF PERSONNEL ADMINISTRATION REFLECT ONLY N•ORMALLY EXPECTED INCREASES OVER THE:SAME FUNCTIONS PROVIDED EARLLER. CONCLUSION THERE MAY BE ALTERNATIVES TO THE ADOPTION OF THE:PENDING CIVIL SERVICE -ORDINANCE BUT THOSE ALTERNATIVES RUN THE RISK OF NON-COMPLIANCE WITH THE CONSEMT DECREE ,AND:FEDERAL GRANT PROGRAMS EQUALLY,SERLOUS, THEY RUN THE RISK OF PERPETUATING DISCRIMINATORY EMPLOYMENT PRACTICES"THAT THE CITY HAS PLEDGED ITSLEF TO CORRECT. LET IT BE UNDERSTOOD BY ALL THAT MY CRITICISMS ARE DIRECTED NOT AT INDIVIDUALS BUT AT A SYSTEM THAT HAS NOT KEPT UP WITH THE CHANGING TIMES, AVERT:GE RECRUITMENT PROCESS UNDER CURRENT CIVIL SERVICE RULES AND REGULATIONS STOCK ----ENGINEERING SECRETARY II In accordance with Civil TE.TiTayr I :71:P1;6/ 11-7217713 4/29/W 2/28/79 rulc/Requlation t for lonition Mlle VIII, Section 2 . 1-.)e.partment submits requcs _ 2. Announcement is both requesting "i. Announcement. is. approval drafted a anc greed upon by department and IIRD staff sablnitted Civil Service Rule SectiOn 2 -I. ,)11ce Board approves, annouric.-4ement is - Rule Vr SectiOri 1.a. .id\Tertiseci in local media for a rro_niral.im ofiftcCn - aation • . (15) days 1.b. . • • Closing date for position ','otal number of qualified after preliminary screening Total number oE qualified eligilalcs minor- iti.es after 1-)reliminai-y screening il:-..-!rcentage of minorities in a.ipplic:ant pool 6. r]:•:arn (yellow) card is mailed to aipplican-lzs . therrt of eligib3_11-ty and exam date Rule V, Section 1.b. "i-.-xam date Pule V Sections 1 a & b umbcr of applicants that did not show for 40) -'xam 1/24/786/4/794/23(79 Rule ' VSection- .!limber of minorities that did not show• for register (list) is submitted to ivi1 Service Board_ for. approval Rule VII Part I Section 1 Remaining eligibles after exam Remaining minorities after exam Referral of top three candidates 10, Position is filled min07YEres vs. others ("Adverse Impactn=30% or less): TOTAL NUMBER OF DAYS Rule VIII, Section 3 Rule VIII, Section 1 2/24/78 3/13/7- SI '24 % , 5/-2/79 - , .)/6/79 iv/31/3/-7878 55/,/8.2/.7.7,/93/ 7.,_ a 6/3/79 334,/11/1225/72>7/7773/ 99,,/__3/223,,/..);,... Temporary "hold" pending Budget R.7.view (51) 42% 69% 4/24/79 .573t79 14 10 D/8/7g 5/20/79 5/21/79 32 COMMENTS BY JACK BOND MR. MAYOR AND MEMBERS OF THE COMMISSIONS 1 WOULD LIKE TO INTRODUCE THE DISCUSSION'OF THE PENDING CIVIL SERVICE ORDINANCE BY SPEAKING TO THREE `POINTS WHICH NEED CLARIFICATION; 1, POWER GRAB 2. STAFF THE CIVIL SERVICE BOARD` 3, THE HRD:BUDGET 1, THE.OPPONENTS OF THE > CIVIL SERVICE 'RULES CHANGES MISLABLED THEM AS REPRESENTATINfl A "POWER GRAB"'B•Y THE• DIRECTOR OF HUMAN RESOURCES; WHICH HAS THE EFFECT OF TAKING -A MAJOR ISSUE OF PUBLIC POLICY .AND MAKING IT SEEM LIKE THE TRIVIAL INTEREST OF A SINGLE PERSON. QUITE THE CONTRARY! VARIOUS PROVISIONS OF THE PRO POSED CIVIL SERVICE RULES STATE THAT THE DIRECTOR OF'HUMAN RESOURCES• "SHALL"PERFORM CERTAIN FUNCTIONS AND "MAY" EXERCISE. JUDGEMENT IN THE PERFORMANCE OF OTHER FUNCTIONS,; THIS IS THE NORMAL TERMINOLOGY BY WHICH RESPONSIBILITY IS FIXED UPON A SPECIFIC PERSON. IT IS THE WAY IN WHICH STATE LAWS, CITY CHARTERS, ORDINANCES AND RULES IDENTIFY THE PERSON WHO CAN BE HELD ACCOUNTABLE, IT MAY BE SIGNIFICANT TO NOTE THAT IN MOST PUBLIC AGENCIES THE CHIEF PERSONNEL OFFICER HAS GREATER RESPONSIBILITY THAN THE PENDING ORDINANCE PROPOSES FOR THE DIRECTOR OF HUMAN RESOURCES AND GIVESTHIS DEPARTMENT DIRECTOR ONLY AS MUCH AUTHORITY AS IS NEEDED TO EFFECTIVELY MANAGE THE ACTIVITIES OF THE DEPARTMENT, THIS DEPARTMENT DIRECTOR WILL HAVE NO MORE AUTHORITY THAN ANY DIRECTOR, INCLUDING THE POLICE CHIEF AND FIRE CHIEF. AND THERE IS NO AUTONOMY, ALL ARE RESPONSIBLE TO THE CITY MANAGER,MHO IS RESPONSIBLE TO YOU; THE CITY COMMISSION ALL OF YOU KNOW THE HISTORY OF MIAMI BETTER THAN I. TRADITIONSOF DISCRIMINATION THAT LED A GROUP OF BLACK POLICE OFFICERS TO SUE THE CITY. YOU KNOW THAT IN 1973 THE CITY ENTERED INTO A CON- SENT DECREE THAT WAS DESIGNED TO ELIMINATE DISCRIMINATION IN THE HIRING AND PROMOTION OF POLICE OFFICERS, THE CITY HAS PAID A HALF MILLION DOLLARS IN FIVE YEARS TO THE UNIVERSITY` OF CHICAGO IN ORDER TO COMPLY WITH` THAT DECREE, AND WHAT HAVE BEEN THE RESULTS? YOUR AGENDA TODAY INCLUDES AN APPEARANCE BY AN ATTORNEY REPRESENTING A BLACK POLICE OFFICER WHO ALLEGES THAT THE CITY STILL HAS NO BLACKS IN THE RANKS OF POLICE LIEUTENANT AND POLICE CAPTAIN, YOU HAVE RE- CEIVED A REPORT ISSUED BY THE DEPARTMENT OF HUMAN RESOURCES STATING THAT BLACK EMPLOYMENT IN THE POLICE DEPARTMENT HAS DECLINED IN THE LAST FOUR YEARS; AND THAT THE INCREASE FOR LATIN OFFICERS HAS BEEN SO SLOW THAT IT WILL TAKE 50 YEARS TO ACHIEVE PARITY WITH THE CITY'S LABOR MARKET. THESE ARE SERIOUS PROBLEMS FOR THE CITY. THEY WILL NOT BE SOLVED BY. CLAIMS THAT TH E Sf11IITIONS REPRESENT A "POWER GRAB". THE PROBLEMS IN THE POLICE DEPARTMENT ARE NOT UNIQUE, IN 1975, UNDER AUTHORITY OF THE GENERAL REVENUE SHARING ACT AND OTHER FEDERAL STATUTES, THE UNITED STATES BROUGHT SUIT AGAINST THE CITY, ALLEGING DISCRIMINA- TION AGAINST LATINS' BLACKS AND WOMEN IN ALL OF THE CITY'S EMPLOYMENT PRACTICES. AGAIN, THE CITY VOLUNTARILY ENTERED INTO A CONSENT DECREE ITS FEDERAL FUNDS AND TO CORRECT ITS DISCRIMINATORY EMPLOY - THE CONSENT DECREE WAS .SI GNED IN 1977, THE CITY AGREED TO MEET CERTAIN HIRING' AND PROMOTION GOALS, ESTABLISHING'AS:ITS LONG-TERM GOAL, PARITY WITH THE LABOR MARKET IN ALL DEPARTMENTS AND AT ALL LEVELS OF EMPLOY- MENT . BUT THE CITY AGREED TO MUCH MORE THAN NUMBERS; IT AGREED TO CHANGE A WHOLE SERIES OF EMPLOYMENT PRACTICES THAT INVOLVE RECRUITMENT, TESTING, MINIMUM QUALIFICATIONS, TIME -IN -GRADE REQUIREMENTS, TRANSFERS, JOB ASSIGNMENTS AND OTHER. PRACTICES THAT HAVE BEEN GOVERNED BY, CIVIL SERVICE RULES THAT WERE ADOPTED'40 YEARS AGO, THE CITY EVEN HIRED THE NATIONAL CONSULTING FTRM OF.BOOZ ---ALLEN AND HAMILTON TO ANALYZE ITS EMPLOYMENT PROBLEMS.. BOOZ-ALLEN RECOMMENDED A NEW DEPARTMENT OF HUMAN RESOURCES, WHICH THE COMMISSION CREATED BY ORDINANrF.` TN 1976 THE DEPARTMENT WAS STILL BEING FORMED AND STAFFED WHEN THE CONSENT DECREE WAS SIGNED ON MARCH 29, 1977 A YEAR LATER THE UNITED STATES DEPARTMENT OF JUSTICE WROTE THE CITY A VERY. STRONG LETTER STATING:THAT THE CITY WAS NOT FULFILLING THE -COMMIT- MENTS MADE IN'.THE CONSENT DECREE, THE JUSTICE.DFPARTMENT POI-NTED OUT VERY SPECIFIC CHANGES THAT SHOULD BE MADE IN THE CIVIL SERVICE RULES, ED BOTH THE MAYOR AND THE CITY MANAGER RESPONDTHAT THEY STEPS TO COMPLY, THEY BOTH INSTRUCTED THE DIRECTOR OF HUMAN RESOURCES TO PREPARE AMENDMENTS TO THE RULES._ AMENDMENTS WERE DRAFTED AND SUB- MITTED TO THE CIVIL SERVICE BOARD, THE BOARD HELD A PUBLIC HEARING AND APPROVED THE AMENDMENTS. THE BOARD RECOGNIZED THE AMENDMENTS AS NECESSARY FOR COMPLIANCE WITH THE CONSENT DFPRFE, NOT ONLY DID THE CIVIL SERVICE BOARD APPROVE THESE AMENDMENTS, THE CITY'S AFFIRMATIVE ACTION ADVISORY BOARD HAS APPROVED THEM. THE DADE COUNTY COMMUNITY RELATIONS BOARD HAS ENDORSED THEM. MANY CITIZEN GROUPS: AND COMMUNITY LEADERS HAVE SUPPORTED THESECHANGES. AMENDMENTS RESULT FROM OPEN DISCUSSION; PUBLIC MEETINGS; ESTABLISHED THE CHARTER REQUIREMENTS; AND AN OBVIOUS: NEED TO CORRECT DISCRIMINATION IN THE CITY'S EMPLOYMENT PRACTICES -- NOT ONLY BECAUSE IT IS THE RIGHT THING TO D0, BUT BECAUSE $40 MILLION IN FEDERAL FUNDS DEPEND ON WHAT THE CITY DOES ABOUT THIS ISSUE. 2. THERE HAVE BEEN. STATEMENTS THAT THE PROPOSED AMENDMENTS NEEDED AND THAT THE PROBLEMS COULD BE SOLVED BY GIVING ADEQUATE STAFF. TO TEE CIVIL SERVICE BOARD. THIS ILEA FLIES IN THE FACE' OF E ITY'S WJSTORY OF THE LAST DECADE. TH. , DIRING THAT PERIOD THE CITY'S EMPLOYMENT PRACTICES HAVE BEEN UNDER CONSTANT CHALLENGE. THE CIVIL SERVICE BOARD AND ITS STAFF TRIED TO ADAPT, BUT THEY FAILED. THE CITY'S OWN CONSULTING FIRM, BOOZ-/\LLEN, CONCLUDED THAT A NEW DEPARTMENT WAS NEEDED BOTH CONSENT DECREES CON- CLUDED. THAT MAJOR 'Cf/NGES....IN RUT; ES :Tin':PROCEDURES WERE REQUIRED. THE U. S. JUSTICE DEPARTMENT HAS FOINTED OUT VERY CLEARLY THAT REVISED RULES AND PROCEDURES ARE NECESSARY. THI S IS NOT UNIQUE .TO;MIAMI CITIES AND STATES ACROSS THE COUNTRY HAVE BEEN REFORMING THEIR CIVIL SERVICE SYSTEMS IO PROVIDE NEW PROCEDURES FOR EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMAl IVE ACTION. NATIONAL PROFESSIONAL ASSOCIATIONS AND CITIZEN GROUTS HAVE BEEN RECOMMENDING CIVIL SERVICE REFORMS, THE FEDERAL COURTS HAVE MANDATED CORRECTIONS TO THE.TRADITIONAL DISCRIMINATION OF CIVIL SERVICE SYSTEMS, EVEN THE. UNITED STATES GOVERNMENT ITSELF HAS ABOLISHED ITS OWN CIVIL SERVICE COMMISSION AND CREATED IN ITS PLACE A NEW OFFICE OF PERSONNEL -MANAGE MENT THERE ARE TWO BASICREASONS WHY THESE ,CHANGES ARE REQUIRED AND IN OTHER PUBLIC AGENCIES ACROSS THE COUNTRY. FIRST, PERSONNEL ADMINISTRATION ACROSS THE COUNTRY HAS BECOME MUCH MORE PROFESSIONAL AND, MUCH MORE DEMANDING IN THIS ERA OF EQUAL OPPOR- TUNITY THE PSYCHOLOGICAL PROFESSION HAS BEEN DEVELOPING NEW TECHNIQUES OF JOB ANALYSIS, PERFORMANCE EVALUATION,. TEST VALIDATION AND OTHER EMPLOYMENT PRACTICES, AT THE SAME TIME THE FEDERAL GOVERNMENT HAS PREEMPTED THE RIGHTS OF'STATES AND LOCAL 'GOVERNMENTS BY ENACTING NEW LAWS AND REGULATIONS, ' TITLE VII AND THE CIVIL RIGHTS AMENDMENTS OF 1972 ARE THE PRIMARY FEDERAL LEGISLATIVE EFFORTS. IN ADDITION, HOWEVER, FEDERAL GRANT LAWS CONTAIN NEW REQUIREMENTS FOR FAIR EMPLOYMENT PRACTICES UNDER SUCH PROGRAMS AS REVENUE SHARING,. LEAA, CETA, CDBG AND MANY OF THE,OTHER GRANT PROGRAMS. THEN THERE IS SEPARATE LEGISLATION ON AGE DISCRIMINATION AND EMPLOYMENT OF THE HANDICAPPED. ON TOP OF THIS, FEDERAL AGENCIES ISSUE INCREASINGLY. DETAILED AND PROFESSIONAL REGULATIONS ON EMPLOYMENT, THE MOST SIG NIFICANT FOR OUR PURPOSES ARE THE UNIFORM GUIDELINES ON EMPLOYEE SELECTION PROCEDURES, THE MERIT SYSTEWM STANDARDS, AND THE SPECIFIC REGULATIONS APPLICABLE TO EACH GRANT PROGRAM. IN PHRASES USED BY THE JUSTICE DEPARTMENT, IT IS CLEAR THAT COMPLIANCE CANNOT BE ACHIEVED BY THE EFFORTS OF A LAY PERSON;" THAT "IN AN EARLIER AGE, ISSUES OF THIS KIND COULD BE DETERMINED BY LOCAL POLICY:" AND THAT "QUALIFIED PRO- FESSIONALS" ARE NOW NEEDED TO MEET THE REQUIREMENTS OF THE CONSENT DECREE AND FEDERAL REGULATIONS. SECOND, THE CITY'S PRESENT CIVIL SERVICE RULES IMPOSE SUCH DIFFICULT OBSTACLES THAT THE SELECTION PROCESS FOR AN AVERAGE JOB NORMALLY TAKES TWO TO THREE MONTHS THIS IS BAD MANAGEMENT PRACTICE, BUT IT IS MUCH MORE THAN THAT, IT IS INHERENTLY DISCRIMINATORY AN ANALYSIS OF OUR STANDARD PRACTICES SHOWS THAT RECRUITMENT PRODUCES LARGE NUMBERS OF MINORITY APPLICANTS -- FREQUENTLY RANGING FROM 70 PER CENT TO ALMOST 90 PER CENT; THAT THE PROCESS TAKES SO LONG THAT WE LOSE HIGH PER- CENTAGES OF MINORITIES BEFORE THEY EVEN TAKE THE EXAMS; AND THAT THE RATIO FOR MINORITIES GAINING ACCESS TO ELIGIBLE REGISTERS IS ONE-FOURTH TO ONE-HALF THE RATE FOR OTHER CANDIDATES, SINCE THE FEDERAL GOVERN- MENT DEFINES "ADVERSE IMPACT" AS ANY RATE LESS THAN 80 PER CENT, IS CLEAR THAT THE CITY'S PRESENT PROCEDURES DISCRIMINATE AGAINST MINORITIES LONG BEFORE THE TESTS ARE EVEN GIVEN, IT IS CLEAR THAT THE ADVOCATES OF MORE STAFF FOR THE CIVIL SERVICE BOARD HAVE MADE NO EFFORT TO UNDERSTAND THE REAL PROBLEM. THE REAL PROBLEM IS THAT A SYSTEM DESIGNED 40 YEARS AGO IS NOT PROVIDING FAIR TREATMENT TO THE INCREASING BLACK AND LATIN POPULATION OF THIS CITY, -3, IT HAS BEEN STATED THAT THE CIVIL SERVICE OFFICE USED TO SPEND - $250,000 PER YEAR TO DO THE SAME WORK THAT NOW°COSTS THE HUMAN RESOURCES DEPARTMENT.$]. MILLION PER YEAR, THAT STATEMENT REALLY NEEDS CLARIFICATION, BECAUSE HUMAN RESOURCES IS ONE OF THE DEPARTMENTS THAT I SUPERVISE DIRECTLY, I WOULD NOT WISH ANYONETO BELIEVE I WOULD TOLERATE SUCH WASTE BECAUSE I FAILED TO CHALLENGE THE STATEMENT, I,• THEREFORE, THE FOLLOWING ANALYSIS• OF COSTS IN HRD`: A. SUBMIT CONSENT DECREE COSTS: $ 88 000 THIS IS A SPECIAL ACCOUNT TO PAY`FOR THE UNIVERSITY OF CHICAGO CONTRACT, AS REQUIRED BY THE FIRST CONSENT THIS=IS A SPECIAL "BACK PAY" FUND FOR CITY-WIDE PAY- MENTS REQUIRED BY `THE SECOND CONSENT DECREE THIS COVERS THE COST OF THE AFFIRMATIVE ACTION OFFICE, •WHICH ,WAS ESTABLISHED AT THE SUGGESTION OF THE JUSTICE DEPARTMENT DURING NEGOTIATTONS ON THE NE• CONSENT DECREE, 000 THIS COVERS THE COST OF TEST VALIDATION, WHICH IS REQUIRED BY THE CONSENT DECREE, THIS COVERS THE COST OF THE ADMINISTRATIVE STAFF THAT WAS CREATED TO MONITOR COMPLIANCE WITH THE CONSENT DECREE AND PREPARE REPORTS REQUIRED BY THE JUSTICE DEPARTMENT, SUBTOTAL. THESE ARE COSTS DIRECTLY RELATED TO CONSENT DECREES THAT AREDESIGNED TO CORRECT PROBLEMS CAUSED BY THE CIVIL. SERVICE SYSTEM. CIVIL SERVICE COSTS: EMPLOYEE HEALTH CLINIC SAFETY PROGRAM, DEPARTMENTAL ADMINISTRATION, COORDINATION OF CONSENT DECREE .ACTIVITIES AND DIRECTION` OF THE CETA PROGRAM, SUBTOTAL.' THESE ARE COSTS FOR CITY ACTIVITIES THAT WERE NEVER CHARGED AGAINST THE CIVIL SERVICE BUDGET, THESE TWO CATEGORIES OF BUDGET COSTS TOTAL $658,000; LEAVIlG $2$7,000 FOR OPERATION OF NORMAL PERSONNEL FUNCTIONS OF THE`CITY, THIS IS THE COST OF THE` PERSONNEL SERVICES DIVISION IN THE DEPARTMENT OF HUMAN RESOURCES, WHICH IS THE UNIT MOST. NEARLY COMPARABLE TO THE CIVIL SERVICE OFFICE AS IT EXISTED PREVIOUSLY, PERHAPS THE MOST ACCURATE COMPARISON IS THE FACT THAT SERVICES DIVISION IN HRD NOW HAS NINE BUDGETED POSITIONS, COMPARED TO THE 17 PREVIOUSLY INCLUDED IN THE CIVIL SERVICE OFFICE, SO,:AS YOU CAN SEE, THE .COSTS OF PERSONNEL ADMINISTRATION REFLECT ONLY NORMALLY -EXPECTED INCREASES OVER THE.SAME FUNCTIONS PROVIDED EARLIER,' THE PERSONNEL THERE MAYBE ALTERNATIVES TO THE ADOPTION OF THE PENDING CIVIL SERVICE .ORDINANCE, BUT THOSE ALTERNATIVES RUN THE RISK OF NON-COMPLIANCE WITH THE CONSENT DECREE AND FEDERAL GRANT PROGRAMS. EQUALLY.SERIOUS, THEY RUN THE RISK OF PERPETUATING DISCRIMINATORY. EMPLOYMENT PRACTLCES'THAT THE CITY HAS PLEDGED ITSLEF TO CORRECT, LET IT BE UNDERSTOOD;BY`ALL THAT MY CRITICISMS ARE DIRECTED NOT`AT INDIVIDUALS BUT AT A SYSTEM THAT HASiNOT:KEPT.UP WITHTHE CHANGINGJIMES�