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HomeMy WebLinkAboutCivil Service Boardctitg TISHRIA L. MINDINGALL Executive Secretary January 8, 2019 Mr. Emilio T. Gonzalez, City Manager City of Miami City Hall 3500 Pan American Drive, 2nd Floor Miami, FL 33133 Dear Mr. Gonzalez: In accordance with Section 2-890 of the City of Miami City Code, I am submitting the attached 2018 Annual Report of the City of Miami Civil Service Board. As required, this report, which was approved by the Board at its January 8, 2019 meeting, covers the seven topics listed under Sec. 2-890. Please advise if additional information is needed. Sincerely, Tishria L. Mindingall Executive Secretary Civil Service Board CIVIL SERVICE BOARD 444 S.W. 2nd Ave., Office 724, Miami, FL 33130/(305) 416-2020/FAX: (305) 416-2025 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 CIVIL SERVICE BOARD 2018 ANNUAL REPORT SUMMARY The City Charter provides for a Civil Service Board consisting of five (5) members to adopt, amend and enforce a code of rules and regulations, subject to the approval of the City Commission, providing for appointment and employment in all positions in the classified service. The Board is responsible for legislative, administrative and quasi-judicial functions that serve to protect and defend the merit system; and to ensure that established rules, regulations, policies, and procedures are utilized in the hiring, promoting and retaining of capable people into the City's workforce. The Board endeavors to improve the efficiency, effectiveness and quality of City government, and is therefore serving current community needs. There is no other board, either public or private which would better serve the functions of the City of Miami Civil Service Board. Listed herein are the responses to items required in accordance with City Code Sec. 2-890: a. Whether the board is serving the purpose for which it was created. When the Civil Service Board was originally created in 1921, it was designed to perform certain personnel -related managerial and adjudicatory functions simultaneously. However, the current City Charter provides for a Civil Service Board consisting of five (5) members to adopt, amend and enforce a code of rules and regulations providing for appointment and employment in all positions in the classified service subject to approval of the City Commission. The Board is responsible for investigations concerning the enforcement and effect of Section 36 of the City of Miami Charter and Code of Laws and of the Rules adopted. The principal functions of the Civil Service Board as they relate to the Civil Service Rules and Regulations are: • To formulate personnel policies for City government and to review applicants' complaints and make recommendations as outlined in Civil Service Rule 4. This rule addresses the Board's policy function. • To establish procedures and grounds for disciplinary actions and conduct hearings upon request of an employee dismissed, suspended, demoted, ordered to forfeit earned time, laid off or reduced in pay by the Department Director. These duties of the Board are conducted in accord with provisions of Rule 14 and are a part of its appellate function. • To investigate concerns and hear complaints of employees concerning violation of F.S.S. 112.3187, "whistleblower" allegations; abuse of power in appointments, layoffs, demotions, and removals without justification. The authority of the Board is exercised in accord with Civil Service Rule 16 and Florida Statutes. • To investigate allegations of fraud and discrimination in the employment process and impose appropriate sanctions. This responsibility is specified in Civil Service Rule 17 and relates to the Board's investigatory function. • To amend, repeal or supplement any Civil Service Rule, subject only to approval of the City Commission, as in accord with Rule 18. This rule relates to the Board's legislative function. PAGE 1 of 6 CIVIL SERVICE BOARD 2018 ANNUAL REPORT Additionally, the Civil Service Board is responsible for performing those administrative functions that affect the integrity of the merit system. These include the authority of the Board: • To by-pass names on open, promotional, and lay off registers. The Board exercises this authority in accord with Civil Service Rules 8.3, 8.4 and 12.2. • To extend probationary periods beyond the limits established in Civil Service Rule 9.3. • To approve transfers to other classifications under specified conditions in accordance with Rule 11.1. • To approve job assignments that are beyond the routine scope of the Rules. This responsibility is exercised in accord with Civil Service Rule 11.2. • To authorize active duty military leaves of absence and returns from active duty in accordance with Florida Statutes, Section 295. • To conduct hearings and make retention decisions on employees who have received unsatisfactory annual evaluations as specified in Civil Service Rule 13. • To approve re-employment of former employees under specified conditions in accordance with Civil Service Rule 12.4. • To approve voluntary demotions/returns to former classifications as specified in Civil Service Rule 1.15. • To approve applications for seniority rights from probationary employees appointed to the unclassified service as provided in Civil Service Rule 8.14. • To approve applications for seniority credit from employees re-employed under Rule 12.4. The Board is serving the purpose for which it was created as is evident by the issues acted upon during the Civil Service Board meetings held during the year. Verification of Civil Service Board action is documented in the Board's minutes and also under the "Major Accomplishments" section of this report. b. Whether the board is serving current community needs. The Civil Service Board is serving the current needs of both the workplace community, which is comprised of City of Miami employees and applicants, and also the community that includes the residents and business owners of the City of Miami. The Board serves to protect and defend the merit system and to ensure that established rules, regulations, policies, and procedures are utilized in the hiring, promoting and retaining of competent people in the City's workforce. The Board endeavors to improve the efficiency, effectiveness and quality of City government. The Civil Service Board provides a relatively inexpensive and prompt forum for review of relevant personnel issues and formulation of personnel policy for City government; adjudication of classified employees' appeals of disciplinary actions; and investigation of employees complaints and allegations PAGE 2 of 6 CIVIL SERVICE BOARD 2018 ANNUAL REPORT of fraud, discrimination and abuse of power. Such a forum is in keeping with the 14th amendment of the United States Constitution which not only requires that individuals be afforded "due process" in a tangible manner, but it also brings government and legal review to the grass roots level with involvement by way of both commission appointed and employee elected membership. The Board could be responsible for conducting special studies covering topics representing current personnel issues in government and new City personnel policies. The Board's completion of such studies on personnel issues better serves the community by bringing issues to the surface, having public hearings on these issues, and making its findings known in the form of reports which could be made available to the community. c. A list of the board's major accomplishments. MAJOR ACCOMPLISHMENTS FY '2018 During the 23 meetings held in FY `2018, the Civil Service Board attained the following major accomplishments: Appeals, whistleblower, grievance, investigation, and unsatisfactory service rating matters heard by the Board 9 Cases closed 16 Subpoenas prepared and processed 29 Research and investigative projects requested by employees, board members, and members of the public conducted 134 Civil Service Rules workshops conducted 5 New employee and supervisor orientation training sessions conducted 16 Employees trained in courses offered by the Civil Service Board 77 Approved Interdepartmental Transfers 2 Military Leave and Re-employment 16 Reviewed and Evaluated Probationary Extensions 28 Approved Inclusion to Re-employment Lists 3 Evaluated Returns to Former Class/Rollbacks 7 Served as Panelists or Impartial Monitors interview processes, of 6-10 candidates each, in accordance Labor/Management Policy LMP-3-92, "Interview Process". 7 PAGE 3 of 6 CIVIL SERVICE BOARD 2018 ANNUAL REPORT Whether there is any other board, either public or private, which would better' serve the function of the Board. There is no other board, either public or private which would better serve the function of the City of Miami Civil Service Board. Although other municipalities typically have personnel or appeal boards, locally, this Board is the only one of its kind. Further, there needs to be an independent entity which is free to act and oversee the actions of City Administration as it relates to employment matters, to ensure that there is no abuse. Our research shows that unlike most merit or Civil Service Systems Boards, the City's Civil Service Board has the involvement of both community leaders and labor unions. Such a mixture of involvement balances the frequently competing interests of City Administration, employees and citizens of the City and has fostered an element of trust and fairness in the minds of many employees. e. Whether the ordinance creating the board should be amended to better enable the board to serve the purpose for which it was created. The Civil Service Board's current principal responsibilities, as mandated in the Charter, are to perform adjudicatory functions to ensure that merit system principles are being followed. Board members believe that the following merit system principles should be incorporated as part of the current Civil Service Rules. These principles would serve as a basis for having the rules and the Board could guard these principles and ensure that they are exemplified in all personnel management practices initiated by the City of Miami. Merit System Principles • All employees and applicants should be treated fairly, without discrimination, and with proper regard for their privacy and constitutional rights. • Recruitment should serve to achieve a work force made up of qualified people from all segments of society, and selection and promotion should be based solely on merit, after fair and open competition. • The City workforce should be used efficiently and effectively. • Employees should maintain high standards of integrity, conduct, and concern for the public interest. • Retention should be based on performance, inadequate performance should be corrected, and employees who cannot or will not improve their performance to meet required standards should be separated. • Employees should be provided effective education and training in order to achieve better organizational and individual performance. • Employees should be protected against partisan politics and may not use their offices for partisan political purposes. PAGE 4 of 6 CIVIL SERVICE BOARD 2018 ANNUAL REPORT • When employees legally disclose information evidencing wrongdoing, they should be protected from reprisal. • Equal compensation should be provided for work of equal value, with appropriate consideration for the rates paid by private sector employers, and appropriate incentives and recognition should be provided for excellent performance. The Board believes that the current prohibited personnel practices listed under its ordinance should be expanded to include the following additional prohibited personnel practices: • Soliciting or considering statements concerning a person under consideration for a personnel action unless the statement is based on personal knowledge and concerns the person's qualifications and character; • Coercing the political activity of any person, or taking any action as a reprisal for a person's refusal to engage in political activity; • Deceiving or willfully obstructing anyone from competing for employment; • Influencing anyone to withdraw from competition for any position, whether to help or hurt anyone else's employment prospects; • Giving unauthorized preferential treatment to any employee or applicant; • Nepotism; • Taking or failing to take, or threatening to take, a personnel action because of an individual's exercising any appeal, complaint, or grievance right; testifying or lawfully assisting any individual in the exercise of any appeal, complaint, or grievance right; or refusing to obey an order that would require the individual to violate a law. The Civil Service Board's responsibilities should include the annual review of significant actions and personnel policies of the Department of Human Resources to determine if they are in accord with merit system principles and free from prohibited personnel practices. f. Whether the Board's membership requirements should be modified. Sec. 2-884(c) of the City Code advises that the "primary consideration in appointing board members shall be to provide the board with the needed technical, professional, financial, business or administrative expertise." Although the current Civil Service Board members do not feel that membership requirements should be modified at this time, we believe that the residents, employees and applicants might be better served if special importance is given to the technical, managerial or administrative expertise of the persons proffered for Board appointment. Persons experienced in the fields of human resources, law, public administration, management, supervision, etc., would be ideally suited for consideration. PAGE 5 of 6 CIVIL SERVICE BOARD 2018 ANNUAL REPORT g. The cost, both direct and indirect of maintaining the Board. Below is a summary of the budgeted costs of maintaining the Civil Service Board during this fiscal year. There are no identifiable indirect costs associated with this Board. FY' 2018 DEPARTMENTAL BUDGET Line Item Description Adopted Annual Budget Board $11,000 Staff $246,000 Fringe Benefits $5,000 FICA Taxes $19,000 Retirement Contributions $76,000 Life & Health Insurance $34,000 Worker's Compensation $6,000 Professional Legal Services $17,000 IT Repair & Maintenance $8,000 Training, Travel, Per Diem $1,000 Copier $1,000 Books, Publications, Memberships $1,000 Postage 0 Paper/Printing 0 Office Supplies 0 Other Charges/Obligations 0 Total $425,000 PAGE 6 of 6