HomeMy WebLinkAboutO-08914tftbtMANCt
AN ORbINANCA AMANbiNd RULE Vitt/ SACTIONS 8 AND
81 Or Tilt CIVIL RVie UttS ANb fttattATIONS
OV THA CITY OP MIAMI, PLORIbAy APPACTiVA DEft
CSMAAR 11) 1881f AS AMANbtby AS =Mint) tN
ORDNANCE NO.694St AS AMtNbEb, AY PROVIbINd
THAT, WITH tktdARD TO THt SAID RULt81 AMPLOYAAS
IN THt AP8CMt, LOCAL 19071 SARCA/NING UNIT MAY
tt ASSIONtb WORX OUT OP THEIR CLASSIPICATION
ACCOAD/NO TO THt PROVISIoN8 oP THE CURRENT
LAbbk AORAEMENT, AND AMENDINC !Mt XI,
StCTIONS -1 AND SI OP THE SAIb CIVIL SERVICE
RUtt8 AY PROVID/NO THAT WITH REOARD TO THE
SAID RULtS EMPLOYEES IN THE POP, Lob #20;
tOCAL 587: ANb AP8CMt, LOCAL i907;tM
GAININO UNITS 8t COMPENSATtO PoR ONU8t0 SICX
LEAVt, CONVtRT SICX LEAVt TO VACATION DIMND
8t GIVEN TIME oPP WITH PAY IN ACCORbANCt W/TH
THt PROVISIONS OV THEIR RESPECTIVt CURRENT
LABoR AGREEMENTS; AMEND/NO RULE XIV, SECTION 2,
oP SAIb RULES BY PROV/OING THAT, W/TH REGARD To
THt SAIb RUt18, EMPLOYEES IN THt AP5CME, LOCAL
1907, BARGAINING UNIT MAY tt PLACtb ON AN APPRO-
PRIATE LAYoPP REGISTER IN AcCOADANCE W/TH THE
TERMS oP THE CURRENT BARGAINING AGREtMENT: CON-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE,
WHEREAS, the Civil Service Board, at its meeting of Febru-
ary 27, 1979, voted to amend Rule VIII, Sections 8 and 9, Rule XIX,
Sections 3 and 5, and Rule No. XIV, Section 2, of the Civil Service
Rules and Regulations of the City of Miami as set forth herein; and
WHEREAS, it is the desire of this body to incorporate these
provisions in the Civil Service Rules and Regulations of the City of
Miami;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Rule VIII, Sections 8 and 9, of the Civil Service
Rules and Regulations of the City of Miami, Florida, effective De-
cember 15, 1961, as amended, as contained in Ordinance No. 6945, as
amended, is hereby further amended in the following particulars; 1/
Rule VIII,Section 8
Method of Qualifying Incumbents of classified Positions
Allocated to New or Higher Levels; Except as provided
in the Labor Agreement with AFSCME, Whenever an occupied
position has been allocated to a new or different c).ass,
the incumbent thereof shall be qualified for the new
class in one of the following manners;
et fir
1/ W0r4o stricXen through shall be deleted. Vnderscored words eon-
-
stitute the amendment proposed. Remaining provisions are now in
effect and remain unchanged.
wt.
R._.14.„NtT tt_1.0.0011_
thangt of Statual
11) ttettit wproy1404_,J,LMt_J6k_r_
AgrOOMPht:140:„ArOMMICA$POPt tor thbtt tmP10Vett in
the international Amoiation.of Piro PI:Otero bargaining..
-unit WIlb frlayHe aatigned Work but bf their clas§ifit4tibn
abbording'to the ProvieiOns of the current LabOrAgreetentt
no officer shall appoint, engage) employ, or prombto Any
subordinate- officer 'Or employeih the olaaaiiied aervidef
or in any way change the official status of -any subh-offiber
or emploYee# except in accordanCe with these 'rulet, 4nd nO
such appointment, engagement, effiployment, promotion' or
other change Of -status. made in contravention of any provi-
sion of these rules shall be valid, (2) Except as_provided..
1p the Labor Agreement with A?sCME arid 0).toof, for those
employees in the International Association of Fire Fighters
bargainingunit who may be assigned work out of their clag-'
sificationaccording to the provisions of the current Labor.
Agreement i no employee shall be.permitted to serve in a
classification higher than the classification in which he
has Civil Service status except in case of. emergency. The
necessity for such emergency employment ,beyond a thirty (30)
day period in any one 'calendar year shall be explained to
the -Board -in writing by the Director of the Department con-
cerned, andshall be approved by the Board before such con-
tinued -employment is permitted.
Rule XIX, Section. 3-1_ Subsection (h)
Except for those employees in the FOP bargaining unit and
the AFSCME bargaining unit who may be granted time off with
pay under the provisions stated in AX0 OAXWPS% their re-
spective glabor Aagreements, an employee may be granted
Leave of absence with pay for illness of any actual member
of the employee's household, under the following conditions;
Ru1eXIX4 Section 5 Subsection (g1
Except for those employees in the FoP bargaining unit and the
AFSCME bargaining unit who may be granted time of with pay
uttier.ttm Provigiong gtatet i Oft0,1% tItOlt.JtAPgq!
tAVe labor 'agreements.
441:0_XTVI_OOPttAA.:„P.
Lay -Off RegiStetsi The tames of Pelite -0-fieers who have
completed at least twelve (12) months but less' than eight-
een (Ig) months 'of probationary service and the names of -
the persong who held permanent Status it the claAgified
service which have been abolished or have become unfteceS.--
sary shall be placed on aft appropriate "Lay -Off'' register
in the order of their lay-off score, the'highoSt being
first, for a period not to .exceed thirty-six (26) months
(0*.cP,Pit.*:.emPOY.0.0“11_00_V$M)2AX'gain.05_00.it.for.
t'ihi411 tbe_Pori.04 shall,
during which time said persons -may be certified' for re
employment. Such employees shall 'be reemployed with
seniority accrued prior to the lay-ofbut will not accrue
seniority during the period of layoff. Lay-off registeri
shall take. priority'over all other registers including
prCmotional.
Reemployment shall be subject to such person's passing a
satisfactory physical examination by the City Physician.
:This rule shall be .applied to all lay-off registers.
'section 2. All_other ordinances or'parts ofordinances,
insofar as they are inconsistent orin conflict with the provisions.
of this Ordinance, are hereby repealed.
Section 3. If any section, sentence, clause, phrase, or
word of this ordinance is for any reason held or declared to be un-
constitutional, inoperative or void, such holding or invalidity
shall not affect the remaining portions of this Ordinance, and it
shall be construed to have been the intent of the Commission of the
City of Miami to pass this Ordinance without such unconsitutionai,
invalid or inoperative part therein: and the remainder of this
Ordinance, after the exclusion of such part or parts, shall be deemed
and held to be valid as if such parts had not been included therein,
Mtn ON T NC ONtN it
tit
MARCH , 1g79
PAStEDANC AbOrm b 't it gECbNb AND t4At RtAbI O DY 1f t
ONLY th t i't .. day o t t�ctt :..,.�,.__ , 197'91
ATTEST:
MAURICE At FERRE
MAYOR
LPH G. ONGIE
CITY CLERK
PREPARED AND APPROVED BYt
444,004'6' tedC
ROBERT F. CLARK
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
F. KNOX, JR
CITY ATTORN��
01/
i11Shed iSaiiy tit ren't tittle SunBtlq
Leda! •etolidawS
lUlfawii. 'bade Counic', tot ida.
ttnt'E OP PLiS iibA
CoUtefiv tit bAYbt
i5t+fnre ?Cie undersigned atlthorlty aettOnetly als•
1Yearad Sarah-WtIliat:hS. *he on oath Sayt that She IS the
birerfot tit L+ggai advertisih,t 6114 M0ai451 Review ehd
Daily Record, a daily fetitebt Saturday, Sunday and
Legal. Holidavtl newspaper. published al Miatti ih
bade Couttly. Plorlda. that the attached tolsy Of adver•
tisCti nt. being a Legal Advertiserheht or Notice in the
matter of
CvrY '0P MIAMt
Re! OrdltSRtte No% 8914
ih the .. . ....,,. Court,
Was biihli6ed,ih-Said itews iii-te1 in the issues Of
Moral 27, 1970
Affiant further says, that the' Said Miem1 Review
and baily Record it a newspaper published al Miarni, In
Shirt bade County, Florida, and that the Said newspaper
has heretofore been continuOUsly published in Said
Dade County. Florida; Bath day (extept Saturday,'Suh;
day and Legal Holidays) and 'hat been entered as
second claS,s rttaii matter at the post office ih Miami, in
said bade County, Florida, for a period of one year heat
prc+cedinrl the first publication of the attached copy of
advertiScment; and affiant further says that she haS
neither ,d nor promised any person, limn br corpora-
stount, tebale commission of refund for the
f Securing this ads, fisement for publication
id newspaper.
[nrmm:s;ian e
R '?8
.r f
a al Large
"ETA er iAl'1
LEDAL Warfel
:All ititetif4led MikeTkat an 'tite f'N1H •detr `& MVO; MO
the VI, totttrttltlibfl61 Warn); Platide saslad and adodltari f15ilo+lrr•
ing t111@d 0rditiehte:
ORblNANCE NIA. S9ia
AN ORbi'NANC€ AMENDIND;RUL'E VIII, SteT•IONt t AND.
COP THE'Civil. SERVICE ROLES -ANC, RtouL-ATIONtOP
THE CITE' nP M1AMf,'1=LORIi3A, EPPECTiVE DECEMBER
- 3i, itleti A5 AMtNDEb, AS CONTAINED iN,OROINANCE
N. 6945, AS AMENDED, '9V' PROVtOtND THAT, -WITH
PEAARD t6 THt S1tlb.RULES, E'MPLOY'EES'iN CHE
APSCME, LOCAL 198?,11ARDAININi3 'UNIt.MAV BE At.-
- 'MOWED .WORK. OUt OP THEIR CLASSIPIC-ATION AC,
CORb1ND TO THE PROVISIONS OP THE CURRENT 'LA OR
Af3REEMENT, AND AMENDING RULE 'XIX, SECTIONS 3
AND S, ,O'P THE SAKI CIVIL SERVitF .RULES SY'
PROVIbiNG THAT WITH REDA'RD TO.THE SAID RULES'.
'EMPLOYEES IN' THE POP; LOb E "No: 20i IAPP; LOCAL
Sal; AND 'APSCME, LOCAL 1901;. BARsAtNIND UNITS BE J.
COMPENSATED t=OR 'UNU5EC5 SICK' LtAVE, 'CONVERT
'SICK "LEAVE -TO VACATCON TIME AND BE GIVEN TIME
OPP WITH PAv iN ACCORDANCE WITH 'Mt PROVISIONS
oft tHEIR-RESp1:ttiVE CURRENT LABOR AGREE•
MENTS; AMENbINC, RULE XIV; SECtioN:.2,'OP 'SAIb
RULES BY_•PROVIDING THAT, WITH REGARb TO 14
SAIb RULES, .EMPLOYEES IN THE -APStM@,LOCAL I9bl,
BARGAINING UNit, MAY. BE PLACED ON' AN AP
PRbPR'ATE LAYOpf REGISTER IN ACCORDANCEWITH -
tHE TERMS' by THE CURRENT BARDAININD-Af3REE
MENt; CONtAtNING A REPEALER pROvISION' AND A
SEVERABILITY CLAUSE,
RALPH G. bNGIE
CITY'CLERK
Publication of this Notice on the 27 day of March 1059.
3)2> Mf9d032131
i�u, sr'f. 4. �,v •V -r113 t.t1 2\1•►1C AlA I ..)t%. %.1RJ11 J r VttL Ct�;L'CALJJA 1t. p u.au
paragraph n.
Article XXXIV of the A`SCME Contract provides that sick
leave may not be used by , new employees during the first 90
working days of employment. This is in conflict with
Rule XIX, Section 3, paragraph b. This article also pro
vides for a reduction in sick leave payoff from 960-hours
to 800 hours, and a further reduction in payoff to 700
hours effective October 5, 1979. This provision is in con-
flict with Rule XIX, Section 3, paragraph k.,
In February of 1978, you amended Rule XIX, Section 3, to
remove conflicts with the Labor Agreement negotiated with
the Sanitation Employees Association. The last sentence
in the opening paragraph of Rule XIX, Section 3,'currently
reads:
„ • 101004It ;pm ay.
Alttiltar0 *nett)
Poimth6d Nib/ otri,o sttiodo., stiedtly
LOgal RelidayS.
Mi*Mt Nat. cow{t''tispid
§,tAtt i**LtbA
ithylare frit-. an-011100d au/fictrifie Perttihally
Sarah iyhe or, oath Sayt 'that She Isfhe
Ditec-tet& Legghtidvetfisltig tif the Miathi-Payiesti a-hd
biiypetord. A ItAily et-cebt SAttirdtlY, Sunday and
.. 'Legal 4461ittayt) *et. bublit,htid
bade COWIN -Florid& 'that the attached Cody of haver •
- fisetrient. being a Legal Adyertilethatit ot NtitIce in the
tier of
et TY cif MIAMI
Re: brdiwandt No-. 8014
in th ' etotief,
bk;blishee iflSaid -tie)Htnaper in the issues of -
Mattli 27, 1179
...„.
ffiahtfturther lays that the Said Miami review
And Daily Pecotdi a newspaper bublished a Weill. ih
said -Dade•tounty, Florida, and that the Said newspaper
has • horetolote been continuously published it) Said
Dade County. Florida. each day (except Saturday, Sun-
day ad Legal Holidays) and has been 'entered as
second class Mail matter at the post office ih Miami,ih
Said bade County Florida for a period of Ond year next
• . edinh the first publication of the attached copy of
adveHiseinent; and at tiant futthet says that she haS
he,ther id to promised any netson, 'firth or corpot`a-
lion a, . scount, tobate, commissiOn or refund for the
Ourn.se .f securing this adv ” t iserhent for 'publication
in th 'd newspaper
e me this
.• 19 7,91
,
at Large
•SF41
C.immission e
MR 38
;• Alt oftefottki like tifica *AI 'tin 114 !Ind 1 61.Metti,
tht tiff tathtlitaitati '61 NOWbatted and littorftd 141010-
'MOON 6n‘.. • .•
tift6INA'Net NO,14•
-AN 11j4t461AMNbtH11RULEvtfl, tgtflO'N''& b
9,'OP•ME ttikVitt RULES ANb RtatikAtION't �f
' 11-1ft tlisfrift-MIAMI;fLORIttA, EPrtetiVt Ott-tMat
31, 1961; AS AMettiMbi A ONTAINEb N fOROINANtE
NO. iNti 45 AMNbb, B Pitt5VIDINO'tHM, With
'Ot6A11215 111"1i-it SMb ULtS,' EMPLOVEtt IN t'14€
OStME. LOCAL -INA BARGAINING UNIT MAY- BE"AV
IGNEO' WORK 'OUT -OP', THEIR CLASSIVICATION
CORGI NG TO THE PROVISIONS OP THE CURRENT LABOR' .•
AGREEMENT,, ANb AMENOING RULE XIX, -SECTIONS a
AN O .5,.'2OP -THE SAIb CIVIL SERVICE .R OLE'S BY.,
PROVIONG THAT.WITH REGARD TO THE SAIO RULES,.
EMPLOYEES IN THE -POP, tObGE' NO; MI IAPP, LOCAL
- ANO Aostme; LOCAL 1902::BARGAINiNG UNITS BE
tomoeNsAteo POR uNUSEO.SICK LEAvE, CoNvERT
SICK LEAVEto VACATCON TIME ANb BE GIVEN Mitt
OPP WITH PAY IN ActoRDANCE'WITH THE PROVIMONS:
: oP THEIR RESPECtivt CURRENT:LABOR 'AtIRE't,
MENTS;..AMENOING RULRULE XIV, SECTION' 2, ,OP, SAIb
RULES' BY • PROvtOING THAT,, WITH REGARb TO ¶ HE
tAlb RULES, ,EMPLOYES IN THE APSeME, LotAL 1907,
BARGAINING-- uNit_...MAy' BE PLACED AN' AP,
PROPRIATE LAY REG(STER IN ACCOROANCE.wITH
THE TERMS OP -THE tuRRENt .BARGAINiNG'AGREE;
mENT,'.coNTAikiNO ,Ar REPEALER PROVISION .ANO A-
SEVERABILITY CLAUSE.
,
RALPH G.' ON6-1E
CITY CLERK
Publication of this Notice on The 27 day of March 1979,
3,1>
• M7-9-032731
titTer141/00112 Mite*
Thrfeftrerrlet wirmoust
tei MoMbers of the
CiVil Service Board
"1"1' Joaeph R. Crasaie
City Manager
ebruary § MA.
"let Amendmenta to Civil Service
Rules and Regulations
ttrtlittl:
tiott L:b*Uffr ;
The Public Employeet Relationa Act, Chapttr 447.309(1), Florida
Statutes, directe me to make you aware of any proviaion of a col-
lective bargaining agreement whith is in conflict with Civil Ser-
vice Rules and Regulationa.
In the recently negotiated and ratified Agreements with Lodge #20
of the Fraternal Order of Police (POP)) Local *go of the Ihterha-
tional Association of Firefighters (tMT) and Local i107 of the.
American Federation of State, County and Municipal Employees
(APSCME), certain articles conflict with the current City of Miami
Civil Service Aulea and Regulations. These articles are aa followa:
1. In Article XXXIV of the Agreemnt with the POP, payoff On
unused sick leave upon retirement has been reduced from
960 to 800 hours. This provision conflicts with Rule XIX,
Section 3, paragraph k.
In Article 23 of the Agreement with the IAFr# sick leave
payoff upon retirement was reduced from 1440 hours to 1200
hours. In addition, the Agreement calls for a change it
the provision concerning the conversion of sick leave to
Vacation. These provisions in the /MT Contract are in
conflict with Rule XIX, Section 3, paragraph k, and Section 3,
paragraph n.
Article XXXIV of the AFSCHE Contract provides that sick
leave Maynot be used by new employees during the first 90
working days of employment. This is in conflict with
Rule XIX, Section 3, paragraph b. This article also pro-
vides for a reduction in sick leave payoff from 960 hours
to 800 hours, and a further reduction in payoff to 700
hours effective October 5, 1979. This provision is in con-
flict with Rule XIX, Section 3, paragraph k.
In February of 1978, you amended Rule XIX, Section 3,: to
remove conflicts with the Labor Agreement negotiated with
the Sanitation Employees Association. The last sentence
in the opening paragraph of Rule XIX, Section 3, currently
reads:
-1-
"The provititng at thig geetich concerning sick
Itave acigruit%, compennation tor unused sick 16ave,
and conversion of sick leave to vacation time for
employees in the Sanitation Employees Association
bargaining unit shall be in accordance -with the
provinions of the current Labor Agreement,"
I would propose that the following amendment be made to thin
',ant tentence of Seotion 3 in order to remove the conflictn
as noted above,
Tht proviniont of thin section concerning nick leave
accrual, compensation for unused tick leave#
bility for uneof sick leave and convernion Of Milk
YeaVe to vacation tiMe-for employees in the Sanitation
tmployeet Association bargaining unit, the Praternal
Order CfPclicA bargskhi_hq_uhiti_thherhst,ichs1
pf FIreftOters bargaininq unit And the
American Federation of state, county and municipal
pmployees_bargaining_qiiit, shall be in accordance
with the prbvitiOnt of their_resp_ective labor contracts
ThcsP_ClsgSifis4 emAlcYPes uio_haVe Peti de4g114...te0,ag
Nahageiial atItfior cohfA4ehilal by ti Pub“c Ell1P._10Yees
6MMieei0h Will Xtle_PiqVided_giekieaYe
crus,4-, CcmPshsstich -fbr,UnI4ed sick 4.P.ss
bf siCk_leaveiracCordance with the tin i bf the
Labor Agreemeqt With the Atilericari FederatiOn_Of_State,
Courity andMuni6'iPal Employes
2. Article XXXV of the AFSCME Agreement provides for the use of
40 hours of the employee's sick leave balance for acute illness
or serious injury of any actual member of the employee's house-
hold. This provision it in conflict with Mule XIX, Section 3,
paragraph h. Paragragh h was amended in April of 1977 to re-
move a conflict with the FOP Labor Agreement. A sentence was
added to Section h saying:
"Except for those employees in the FOP bargaining unit
who may be granted time off with pay under the provi
sions stated in the .current Labor Agreement."
I would propose that this sentence be amended as follows:
Except for those employees in the FOP bargaining unit
and the AFSCME bargaining unit who may be granted time
off with pay under the provisions stated in their re-
spective labor agreements. •
3. Article XXXVI of the AFSCME Agreement provides for 40 hours of
paid leave for any death of a member of the employee's immedi-
ate family. Further, the immediate family is defined, and also
there are requirements for providing the City with a copy of
the death certificate in order to receive the paid leave. This
is in conflict with Rule XIX, Section 5, paragraph g. In April
.-2—
CI f t9fl Mtn tmMAtideOtt'F MOd MA& to this s. ion to t Q e t=he
conrttwtu Via, the ro tabor Agtedmenti Section b, ;para4raph I,
tf trrdntly edntj ► :ng thl sentence!
/txcept for t hode .employees in the POP bargaining
unit who may be gtanted time off with play under
the previsions gtatdd in the current labor agreement,"
1 would propose that the following amendment .be trade to this
sentence:
Except for those employees in the POP bargaining
unit ppd the A sc mbar ainit _ unit who may be
granted time Off With pay under trio provisions
stated in their respective labor agreements.
4. Article XXI of the A'SCME Agreement provides that Department
Heads or their designees may direct employees to work in clas-
sifications higher than which the employee currently holds
status. The Labor Agreement limits, except under certain cir-
cumstances, any assignment out of class to a maximum of one
year. The Contract also provides that any employee working
out of classification shall riot be given any permanent job
status or provide any automatic job rights to a position
filled on an acting assignment. This provision is in conflict
with Rule 'III, Sections 8 and 9. I would propose that the
following clause be added to the beginning paragraph of both
Sections 8 and 9:
et_..4s _provided ._fin.. t1e.._:btir___Agr_00menti _with 1
5. Article.XVII of the AFSCML Agreement prbvtdes thatemployees
Shall lose their seniority and their employment shall be ter-
minated for reason of being on layoff for a continuous period
of 18 months. This provision is in conflict with Rule XIV,
Section 2'. I would propose that Section 2 be amended as fol....
lows:
Layoff registers and the names of the persons who
hold permanent status in the classified :service
which have been abolished or have become unnecessary
shall be placed on an appropriate "Layoff" register
in' the order of their Lay-off score; the highest be-
ing first, for a period not to exceed 36 months (ex-
cept for employees in the AFSCME bargaining unit or
which the period shall not exceed 18 months) during
which time said persons may be certified for reemploy-
ment. Such employees shall be reemployed with senior-
ity accrued prior to the layoff, but will not accrue
seniority during the period of layoff.. Layoff regis-
ters shall take priority over all other registers in-
cluding promotional.
- g _
i
1, Atticj.0 XVItt et fho AteNt Agreement Orevidas ter litprogram
6t mAkinq ,omploy46 evatuatient. Seetien 4 vUthit trtiele
tpeoitieolly providet thatan employee who reeeivet
tttitfactory ratihg Shall not be required to Appear before
thm CiVil Service toard for a review tf the untatittaetory
rAtihg. This prevition it in eonflict with ftule NV, ftetiont
2 and A. I would proPose that a clause be added to the begin..
niru t 8octionn 2 and 4 at folloWst
' tmc.gpt_for employees it the APS= ba gaininq Unit.
1 would appreciate your censideration on setting a public hearing
atd deciding on these athendments at your regular meeting on Febru-
ary 27th. In order to provide the IS day required notice, I would
appreciate your scheduling this public hearing at Your special
meeting on February Sth. All of these Chatges have been reviewed
with representatives of the employee:unions, and they fully ncur
with the propesedaMendmehts. These amendments are for the benefit
of the employees and the terms were Agreed upon during the collet
give bargaining proeets which lead te the agreements which have been
ratified by both the employees and the City Commission,
te: A. G. Sherman, President, A1?ScM Lai #1907
Jack sullivan, President, POP Ledge 420
Den Teems. President, /APP Local 087
fdi
ntOtgd VtThid, Jr,
City AttotOey
tk8M: Robert 11, Rtauge
Executive 8ecretry
Civil gdtVidt toatd
ttrt Mr ttietttbSk
tart MEMOVANOUTOI
b 1 tTarth 1, 1070 tru:
ttirtitcf 'Mtn gotvite
htttOkket§:
tivdtAtitUftttt
Atit regular meeting Or February 27) 191 the Civil Service toard Adopted
certain atetdments to the Civil Service Rules that were designed td teMoVe
conflicts that exist between the Civil Service fiches and recently negotiated
labot agreements)
As you know, these need to be prepared in ordinance form. It is our obligation
LO have these pieced on the agenda for the City Commission dt it Medtidg of
March 8. t understand that Mt. Mielke in the Labot Relations Office has pre.-
vlously made arrangements with your department to have the ordinance dtdfttd
and to have the City Manager Informed. tft addition) Barbara Suskauer of this
office has previously transmitted copies of ttle rule changes to Assigtaht City
Attorney Robert Clark,
If you need any further information or assistance ftorn the Civil.Setvice offidei
please let me know.
RMXtbd's
cct Dean Mielka, Labor Relations Officer
R. C. Pomall,'City Manager's Office
Files
a
Membe. cf the
Civil Zervi a goad
e"ii Joseph R. rasaie
City Manager
tiff e ' Mitt,`fidettOPt
engerrtge memen M
February St 1 7 'wt.
Atf ttittt9:
tRidLottilkiC
Amendments tt3 Civil 'Service
Rules and A gulat :ons
The public Employees Relations Act, Chapter 447.309(3), Florida
Statutes, directs me to make you aware of any provision of a col-
lective bargaining agreement which is in conflict with Civil: Ser-
vice Rules and Regulations.
In the recently negotiated and ratified .Agreements with Lodge #20
of the Fraternal Order of police (FCt) , Local #587 of .the Interna-
tional Association of Firefighters (IAIT) and Local #1907 of the
American Federation of State, County and Municipal Employees
(A?SCMF) ., .certain articles conflict with the current City of Miami
Civil Service Rules and Regulations. These articles are as follows:
1. In Article XXXIV of the Agreertient with the FOP, payoff on
unused sick leave upon retirement has been reduced frog,
960 to 800 hours. This provision conflicts with Rule XIX,
Section 3, paragraph k.
In Article 23 of the Agreement with the IAFF, sick leave
payoff upon retirement was reduced from 1440 hours to 1200
hours. In addition, the Agreement calls for a change in
the provision concerning the conversion of sick leave to
vacation. These provisions in the IAFF Contract are in
conflict with Rule XIX, Section 3, paragraph k, and Section 3,
paragraph n.
Article XXXIV of the.AFSCMS Contract provides that sick
leave may not be used by new employees during the first 90
working days of employment. This is in conflict with
Rule XIX, Section 3, paragraph,b. This article also pro-
vides for a reduction in sick leave payoff from 960 hours
to 800 hours, and a furtherreduction in payoff. to 700
hours effective October 5, 1979. This provision isin con-
flict with Rule XIX, Section 3, paragraph k.
In February of 1978, you amended Rule XIX, Section 3, to
remove conflicts with the Labor Agreement negotiated with
the Sanitation Employees Association. The last sentence
in the opening paragraph of Rule XIX, Section 3, currently
reads.
tECAt NOTICE
All interitated will take notice that on the 22nd day of March, 1979
the City Commiasion of Miami, Plorida passed and adopted the following
titled ordinance:
ORDINANCE NO4 .ggi4
AN ORDINANCE AMENDING RULE VIII, tECTIONS ELAND
9, OF 'THE CIVIL'SERVICE RULES AND REGULATIONS
OP Tilt:CITY OP MIAMI, FLORIDA, EPPECTIVE:DE
CEMBER 31,1961, AS AMENDED:, AS'CONTAINED IN
ORDINANCE NO.6945, AS AMENDED, BY PROVIDING:
THAT, WITH REGARD TO -THE SAID RULESi -EMPLOYEES
IN THE APSCME, LOCAL 1907, BARGAINING UNIT MAY
BE ASSIGNED WORW_OUT OP THEIR CLASSIPICATION
ACCORDING TO THE PROVISIONS,'OP THE CURRENT
LABOR AGREEMENT, AND AMENDING.RULE XIX,
SECTIONS -3:AND 51,-OP THESAIDCIVIL:SERVICE
RULES BY PROVIDING THAT WITHREGARD TO THE
SAID RULES EMPLOYEES IN.THE POP# LODGE #20;
IAPP# LOCAL 587; AND APSCME, LOCAL 1907; BAR-
GAINING UNITS tt COMPENSATED 'OR UNUSED SICK
LEAVE, CONVERT SICK LEAVE TO VACATION TIME AND
BE GIVEN TIME OPP WITH PAY IN ACCORDANCE WITH
THE PROVISIONS oP THEIR RESPECTIVE CURRENT
LABOR. AGREEMENTs;-AMENDING RULE XIV, SECTION 2,
OP SAID RULES BY PROVIDING THAT, WITH REGARD TO
THE SAID RULES, EMPLOYEES IN THE AFSCME, LOCAL
1907, BARGAINING UNIT MAY BE PLACED ON AN APPRO
PRIATE LAYOFF REGISTER IN ACCORDANCE WITH THE
TERMS OF THE CURRENT BARGAINING AGREEMENT; CoN-
TAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
liALPHG. ONGIE
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