HomeMy WebLinkAboutCity of Miami Charter Provisions Sec. 36CITY OF MIAMI CHARTER PROVISIONS
Sec: 36. - Civil service.'
(a)
(b)
(c)
Creation of board; appointment; terms of office; vacancies; rules and regulations. A
civil service board of the city is hereby created and established. There shall be five
members constituting the said civil service board. Three shall be appointed by the.
city commission, and two shall be elected by the employees of the city with civil
service status, from said employees with such civil service status. The two so elected
shall become members of the board when confirmed by the city commission. All
members of the said civil service board shall serve for two years, and they shall take
office as soon as appointed and qualified. The city commission may remove any
member of the board for cause, upon stating in writing the reasons for the removal,
after allowing him or her to be heard by the city commission in his or her.own
defense. Any vacancy shall be filled by the city commission for the unexpired term.
The city manager shall be authorized to prescribe the rules, regulations, and
procedure for the holding of election for the purpose of electing the two members of
the civil service board by the city employees with civil service status.
Chairperson; examiner; subordinates. Immediately after appointment, the board shall
organize by electing one of its members chairperson. The board shall appoint a chief
examiner who shall be a member of the board and who shall also act as secretary.
The board may appoint such other subordinates as may by appropriation be provided
for.
Unclassified and classified service. The civil service of the city is hereby divided into
the unclassified and the classified service.
(1)
The unclassified service shall include:
(A)
(B)
(C)
The city manager, his or her assistants, and secretarial staff;
The heads of departments, members of appointive boards, judges of
the city court, the city clerk, chief of police, chief of fire division, and
the superintendent of communications division;
Assistants to department heads:
Assistant chiefs of the police division;
All ranks in the police division above the classified position of police
captain;
Assistant chiefs of the fire division;
(2)
Chief of fire prevention;
Director of training in the fire division;
Battalion chiefs;
Chief of fire rescue;
Assistant to the superintendent of the division of communications;
Director of corrections.
(D)
All attorneys employed by the city. The city attorney. shall be the
supervisor of all attorneys employed by the city. The city attorney
shall have exclusive authority regarding, but not limited to
appointment, removal and salary as to assistant city attorneys. The
foregoing provisions of subsection (D) shall not apply to those
attorneys in the classified service of the city on November 1, 1972.
Attorneys with permanent civil service rights appointed by the city
attorney to any applicable unclassified position above, shall retain
civil service rights in the position from which selected as may have
accrued.
Personnel with permanent civil service rights appointed by the city manager
to unclassified positions shall retain said civil [service] rights in the position
from which selected as may have accrued:
The classified services shall include all positions not specifically included by
this Charter in the unclassified service. There shall be in the classified
service three classes, to be known as the competitive class, noncompetitive
class, and labor class..
(A)
(B)
(C)
The competitive class shall include all positions and employment for
which it is practicable to determine the merit and fitness of applicants
by competitive examinations.
The noncompetitive class shall consist of all positions requiring
peculiar and exceptional qualifications of a scientific, city managerial,
professional, or educational character, as may be determined by the
rules of the board.
The labor class shall include ordinary unskilled labor.
Rules; examinations; eligible lists; certification of vacancies. Subject to the approval
of the city commission, the board shall adopt, amend, and enforce a code of rules
and regulations which shall have the force and effect of law providing for
appointment and employment in all positions in the classified service, based on
merit, efficiency, character, and industry; shall make investigations concerning the
enforcement and effect of this article and of the rules adopted; and shall make an
annual report to the city commission. The chief examiner shall provide examinations
in accordance with regulations of the board and maintain lists of eligibles of each
class of the services of those meeting the requirements of said regulations. Positions
in the classified service shall be filled from such eligible lists upon requisition from
and after consultation with the city.manager. When positions are filled, the
employment officer shall so certify, by proper and prescribed form, to the director of
finance and to the director of the department in which the vacancy exists.
Promotion. The board shall provide uniform rules for promotion to all positions in the
classified service.
Power of suspension, removal, fine, or demotion.
(1)
Any officer or employee in the classified service may be removed,
suspended, fined, laid off, or demoted by the city manager or by the head of
the department in which such person is employed, for any cause which will
promote the efficiency of the service; but such person must be furnished with
a written statement of the reasons therefor within five days from the date of
the removal, suspension, fine, layoff, or demotion, and be allowed a
reasonable time for answering such reasons in writing, which answer shall be
made a part of the records of the. board, with the suspension to take effect as
of the date that such written statement is furnished. No trial or examination of
witnesses shall be required except in the discretion of the city manager or the
head of the department. Any employee in the classified service who deems
that he or she has been suspended, removed, fined, laid off, or demoted
without just cause may, within 15 days of such action, request in writing a
hearing before the civil service board to determine the reasonableness of the
action. The board shall, within 30 days after appeal of the employee
disciplined, proceed to hear such appeal. After hearing and considering the
evidence for and against the employee, the board shall report in writing to the
city manager its findings and recommendations. The city manager shall then
sustain, reverse, or modify the action of the department director. Any
member of the civil service board and the director of personnel may ,
administer an oath to witnesses appearing before said board or before said
director in an investigation, disciplinary or appeal proceedings, and they shall
have the power to issue witness subpoenas and to compel the attendance of
witnesses.
(2)
(g)
The civil service board shall also have the right to remove or demote any
official or employee in the classified service upon written charges of
misconduct made by any citizen, but only after reasonable notice to the
officer or employee and after a full hearing. It shall also be the duty of the
board to fix a minimum standard of conduct and efficiency for each grade in
the service. Whenever it appears from the reports of efficiency made to said
board for a period of six months that the conduct or efficiency of any
employee has fallen below such minimum standard, that employee shall be
called before the board to show cause why he or she should not be
disciplined. If upon hearing no reason is shown satisfactory to the board, the
employee shall be removed, suspended, or demoted, as the board may
determine.
Present employees. All persons in the employ of the city holding positions in the
classified service, as established by this Charter, at the time it takes effect, shall,
unless their position is abolished, retain same until discharged, demoted, promoted,
or transferred, in accordance herewith.
(h)
Certificate of board on payroll account necessary before payment of classified
service member. The treasurer or other public disbursing officer shall not pay any
salary or compensation for service to any person holding a position in the classified
service unless the payroll or account for such salary or compensation bears the
certificate of the board, by its secretary, that the persons named therein have been
appointed or employed and are performing service in accordance with the provisions
of this Charter and of the rules established thereunder.
(i)
Investigations and hearings. In any investigation conducted by the board, it shall
have the power to subpoena and require the attendance of witnesses and the
production thereby of books and papers pertinent to the investigation and to
administer oaths to such witnesses.
(1)
No discrimination in classified service. No person in the classified service or seeking
admission thereto shall be appointed, demoted, removed, or in any way favored or
discriminated against because of political opinions or affiliations. No person holding a
position in the classified service shall take part in political management or affairs or in
political campaigns during city working hours or with personal property belonging to
the city.
(k)
Penalties. The civil service board, subject to the approval of the city commission,
shall determine the penalties for the violation of the civil service provisions of this
Charter.
Salaries of board and employees. The salaries of the civil service board and its
employees shall be determined by the city commission, and a sufficient sum shall be
appropriated each year to carry out the civil service provisions of this Charter.
s. No. 01-843, § 2. 8-9-01)