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HomeMy WebLinkAboutO-08139ORDINA:+.:., ;iG , 81 3 ) AN CRDIU:ANCL' A:•:ENDING C:I:DI .., PASSED AND AF.C-E E; 5, .I.": 1, AP-- ROVIN3 THE 'CIVIL S ;RVICL ANT) �JLA'i'IC,i:S 01' 1ii.; i", i_. ii:.A: ? , :: ;I :I:;,- ING TIII•:IL.,YRO•_ S t:C G'1 t S ' A,TC., 2, CI' w ,I•; ENTITLED "LAY-OFF, _Z; l :NA'CI .:IJIS Z'1- TU - w ,, . ; T%i•lEav T AND 5U3S`PI a-.J1:I.. ! , � i .. 1 AND 2, P ROVi i )ING : `i';'AT • ; :c . ;I;S _. - i?SSARY TO REDUCE rr i<ir ,?i:.,;: < ,,..I'LOI'..,r;S A CLASSIFICATIc Ii TC A :` :I'A1t';'::t:.. , `,i;RArTt. EMERGENCY OR TE:IPOR1•?" S}'I!(', I3:J LAID Or'i'' FIRST AND TEEN 1 ;; PIa)`:' ;i;:-; AND FINALLY PER:•IAItiTi;NT Ei P i:O`.iEnS; RESTRICTING THE LAY-OFF 'IG EMPLOYEES JN1) :i,ASSIFTCATIGN WITHIN THE D';PART1 TENT; FURTHER R PROVIDIN-, THAT EMPLOYEES SELECTED FOR LAY-OFF A _ E „N rI I'L'E ) TO FILL ANY EXISTING VACANCY; OR 1 : T;iERE 16 NO VACANCY, REPLACE ANGTIIER E;•4PLA\ TN THE SAME CLASSIFICATION i'vI rii A LO\'. R LAY -C'Y F SCORE, PROVIDING A METHOD CP :OitPUTLNG LAY-0.1 SCORES AND ESTABLISHING A LAY-OFF REGISTER AND IRIURITI:S FOR RE -HIRING; REPEALING ALi ORDINANCES, '_ODE SECTIONS OR PARTS THEREOF IN CONFLICT, ISCFAR AS THEY ARE IN CONFLICT; CONTAINING A SEV:;:.?II s: T PROVISION; DECLARING T:IIS CRJINANCE TO BE i :1ER- 3ENCY i1EASURi; AND DISPENSING WITI-I THE REQUIREMENT OF READING THE SAME ON TWO SEPARATE DAYS BY A VCTE OF NOT LESS TI'LAN T'O,_JR-•FIFTHS o1' TH::: MEMLIMS C_' THE COMMISSION WHEREAS, the Civil Service Board, at its tneetinon January 16, 1973, proposed a change in its Rules by repealing Sections 1 and 2 of Rule _ IV and substituting therefor nee..' Sections 1 and 2 providing: That when it becomes necessary to reduce the number of employees in a classification in a Depart- ment, duration, emergency or temporary employees shall be laid off first and then probationary employees and finally permanent employees, restricting the lay-off to employees and classification within the Department; further providing that employees selected for lay-off are entitled to fill any existing vacancy; or if there is no vacancy, replace another employee in the same classi- fication with a lower lay-off score, providing a method of computing lay-off scores and establishing a lay-off resister and priorities for re -hiring; and -1- WHEREAS, the Civil Service 3oarct scheduled a pul4ic heap: inch on said proposed change in Civil Service Rule XIV, Serf ! on i •: nd 2; and WHEREAS, said public hearing was i,c id on Fehr r. and after the conclusion of the pubi::.c: rearing, the C1.'7 1 Board voted to adopt the Rule change In Suction 1 herein - WHEREAS, it is the desire :J.i Lhe civil. Servic4' i')2 t.._ incorporate the provisions of the proposed Pule change into, r';_ Service Rules and Regulations of the city of Miami; NOW, THEREFORE, BE IT ORDAINED 3Y THE CeMilISSIoN C • THE r; OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6945, passed ;zna adcpt:.cci hj the City Commission of the City of Miami on November 15, =.) ing the Civil Service Rules and Regulations, is hereby a;;,c::ndLd 1)y r‘.-- pealing therefrom Sections 1 and 2 of Rule XIV, entitled '•;a,r-Off, Resignation and Reinstate meat" and substituting therei'or pi(:,- .:ul sections to read as follows: Section 1. Lay -Off Procedures: Wheneve;- it becomes necessary to reduce the number of employees within a given classification in any department through lack of work, funds or other causes, or when a position is abolished, employees shall be laid off as follows: 1. Duration, emergency or temporary er:p 2. Probationary employees 3. Permanent employees c ) Lay-off shall first be restrict.:1 to the classification in which there i a surplus of employees within the Je--- partment. The person who is found to have the lowest lay-off score. the department and classification shall be entitled to fill any L i.st;ing vacancy in such classification in any department of the City. Should tee be no vacancy, the employee with the lowest lay-off score shall be entitled to replace the employee with the lowest lay-off score City-wide. That employee in turn will have the same rights starting within his or her department to replace another employee, providing they held a permanent status in some lower subordinate classification. (b) Employees in ;a department, division, section, etc. whose functions are to be transferred to any other govern- mental agency shall have the right to remain with the City, provided they hold permanent sttus in a classifi- cation that is utilized in any other department and further provided that they have sufficient seniority in the classification held or previous classifications. Employees subject to any other government tranfer shall be processed in the same manner, as out- lined in this rule. (c) The order of lay-off of permanent em- ployees shall be determined by a lay- off score computed in the following manner: A credit for seniority com- puted at the rate of one tenth of one point (.1) shall be given to all em- ployees in the particular classification for each full month service within his or her particular classification in which his or her efficiency has been re- ported as other than unsatisfactory; provided, however, that in the case of veterans, one point (1.0) or ten (10) months of seniority shall be added to the total lay-off score. No seniority credits for the purpose of determining the lay-off score shall be granted for those months within a service rating period wherein an employee's service had been reported as unsatisfactory. A tie in said score shall be broken in favor of the employee with the longest service rating reported as other than unsatisfactory. Should a tie still exist, it shall be decided in favor of the employee who filed the first work application with the City. The employee with the lowest lay-off score shall then be laid off. The Civil Service Board or Executive Secretary may refer the employee laid off to a vacancy in a lower entrance level, which has similar requirements. It shall not be binding on a DEparcment Director to accept the employee referred to a like or similar classification. (d) If the said employee has progressed in continuous and uninterrupted service through and holds permanent classification in each of several job classifications in the same job family, he shall hold job seniority in any one of the several job classifications as follows: 1. In the highest job classifi- cation, only seniority actually accrued in that classification shall apply. 2. In any lower job classification, all seniority accrued in said lower classification, together with all seniority accrued in the several higher classifi- cations, shall comprise the total seniority in the afore- said lower job classification. No employee shall have any right or title in a job classification in which he was never employed and held a permanent appointment in said classification. (e) Any emloyee holding a permanent or probationary status in one job classification and elevated to a higher position for the good of the service on a temporary or probationary status shall continue to accrue seniority in the former classification vacated. (f) Employees who have "advanced" not in the same job family will main- tain seniority in their previous status as of the date they advanced from that status, but they will not accrue further seniority in their previous status. Section 2. Lay-off Registers: The natnea of the persons who held permanent posi- tions in the classified service which have been abolished or have become unnecessary, shall be placed on an appropriate "lay-off" register in the order of their lay-off score, the highest being first, for a period not to exceed eighteen (18) months, during which time said persons may be certified for reemployment. Such employees shall be reemployed with seniority accrued priDr to the lay-off but will not accrue seniority during the period of lay-off. Lay- off registers shall take priority over all other registers, including promotional. Section 2. All ordinances, code sections or parts there- of in conflict herewith, insofar as they are in conflict, 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 unconstitutional, 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 unconsti- tutional, 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 herein. Section 4. This Ordinance is hereby declared to be an emergency measure on the ground of urgent public need for the preservation of peace, health, safety and property in the City of Miami, Section 5. The requirement of reading this Ordinance on two separate days is hereby dispensed with by a vote of not less than four -fifths of the Members of the City Commission. PASSED.AND ADOPTED this 8th day of February, 1973. ATTEST: H.D. SOUTHERN CITY CLERK DAVID T. KENNEDY MAYOR i . ` i MIiAM( REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally rig, - peered Martha brobnie, who on oath says that she is the V.P., Legal Ads of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of mop,- ion of Orlinanc'e 19 „1 f 5� t on , o :�t1�(��) � "anti r�(� -AY-0 , BLEST * it !1'. A''fl `!:':Tit a11,1 s,t?,sirin.f'in^, ncvw Ser'tl.o11S 1 an '1 2, of t.hc Civil. SCrviro ii111_r+S at-1 r+ntl1Rtis of The (lit— of 'flr'jii, of ( s In the Court. was published in said newspaper in the Issues of ?' S ?JC:!,iar:.:1. 3, 7.973 Affient further says that the said Miami Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said news- paper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. Swam to and subscribed befcre me this 11 1, day o! t I A.D. 19 ariT.h. Notary Pubtfc., Stale of F oiride at Large. (SEAL) My Commission expires September 1, 1973, MY OF 3f1/1111, DADE COUNTY, FLORIDA LEGAL `NOTICE All interested will take notice Pint on the Sth day of February, 1973 the Commission of the City of 1Ilnmi, Florida adopted an ordinance entitled - AN ORDIN.\NCC AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15. 1F61, AP- PROVING TIIE CIVIL SERV- ICE RULES AND RCGE'I.A- TICNS OF THE CITY OF MTAMI, BY RF'PEALING THEREFROM SECTIONS 1 AND 2. OF RUT.E XIV, EN • - TITLED "LAY-OFF, RESIG- NATION AND REINSTATE- MENT" AND SUBSTITUTING THEREFOR NEW SECTIONS 1 Ay*) ^, PROVtT )' (', THAT \VPFN IT FSF:f'OMES NE('E``- �ARY TO RF.DITE THE Ni-AMER OF EMPLOYEES ?X A "LASSIFIC.%TTrtN iN A PEPAPTM NT, DURATION. EMERT:FNCY :)R TEMPO- RARY EMPLOYEES EES SHALL BE LAID OFF FIRST AND THEN PP.OBAT'ONARY EM- PLOYEES AND FINALLY PEP\iANFNT F.MPIJ)YEE,4 -ci^,CT1' To T?e?PLOFEL's ANTI CLAPS TFI,CATTCN \\'ITIJTN THE DEPARTMENT; FURTHER PRO1'JDING T TT A T PLoYEES SELFc.TFD FOR L:AY-OFF ARE ENTITLED TO FILL ANY E' TSTiNG VA- CANCY : CR IF THERE IS N") VACAiCY. REPLACE AN- OTHER EMPLOI'F,E ITT THE SAME CLASSiFICATION WITH A LOWER LAY-OFF S C O R E. PROVIDLNG A METHOD OF COMPUTING LAYOFF SCORES AND Eq. TAPLISHING A LAY-OFF REGISTER AND PRIORITIES FOR REHIRING; REPEAL- ING A L L ORDINANCES. CODE RPCTION.S nR -,PART$ . THEREOF IN CONFLICT, IN. SOFAR. AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION: DECLARING THIS ORTM. NANCE TO BE AN EMER- GENCY 3IEAST'RE A N D DISPENSING WITH THE REQUIREMENT CF READ 1N(I THE SAME ON TWO SEPARATE DAYS BY A VOTE OF NnT LESS THAN FOUR- iFIFTIIS OF THE MEMBERS OF THE COMMISSION . whieh Is designated Ordinance No. S139. 11. D. S.q7"I'11ERN CITY CLERK CITY OF MIAMI, FLORIDA Publi, atf-,n of this notice on the lath day of February, 1973. Ad. No, 20475 FHW/nla 2-1-73 ORDINANCE NO. g/3? AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY REPEALING THEREFROM SECTIONS 1 AND 2 OF RULE XIV, ENTITLED "LAY-OFF, RESIGNATION AND REINSTATEMENT" AND SUB- STITUTING THEREFOR NEW SECTIONS 1 AND 2, PROVIDING: THAT WHEN IT BECOMES NECESSARY TO REDUCE THE NUMBER OF EM- PLOYEES IN A CLASSIFICATION IN A DEPARTMENT, DURATION, EMERGENCY OR TEMPORARY EMPLOYEES SHALL BE LAID OFF FIRST AND THEN PROBATIONARY EMPLOYEES AND FINALLY PERMANENT EMPLOYEES; RE- STRICTING THE LAY-OFF TO EMPLOYEES AND CLASSIFICATION WITHIN THE DEPARTMENT; FURTHER PROVIDING THAT EMPLOYEES SELECT- ED FOR LAY-OFF ARE ENTITLED TO FILL ANY EXISTING VACANCY; OR IF THERE IS NO VAC- ANCY,, REPLACE ANOTHER EMPLOYEE IN THE SAME CLASSIFICATION WITH A LOWER LAY-OFF SCORE, PROVIDING A METHOD OF COMPUTING LAY-OFF SCORES AND ESTABLISHING A LAY-OFF REGISTER AND PRIORITIES FOR RE -HIRING; REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION. WHEREAS, the Civil Service Board, at its meeting on January 16, 1973, proposed a change in its Rules by repealing Sections 1 and 2 of Rule XIV and substituting therefor new Sections 1 and 2 providing: That when it becomes necessary to reduce the number of employees in a classification in a Department, duration, emergency or temporary employees shall be laid off first and then probationary employees and finally permanent employees, restricting the lay-off to employees and classification within the Department; further providing that employees selected for lay-off are entitled to fill any existing vacancy; or if there is no vacancy, replace another employee in the same classification with a lower lay-off score, providing a method of computing lay-off scores and establishing a lay-off register_ and priorities for re -hiring: and WHEREAS, the Civil Service Board scheduled a public hear- ing on said proposed change in Civil Service Rule XIV, Sections 1 and 2; and WHEREAS, said public hearing was held on February 1, 1973, and after the conclusion of the public hearing, the Civil Service Board voted to adopt the Rule change in Section 1 herein; and WHEREAS, it is the desire of the Civil Service Board to incorporate the provisions of the proposed Rule change into 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. That Ordinance No. 6945, passed and adopted by the City Commission of the City of Miami on November 15, 1961, approv- ing the Civil Service Rules and Regulations, is hereby amended by re- pealing therefrom Sections 1 and 2 of Rule XIV, entitled "Lay -Off, • Resignation and Reinstatement" and substituting therefor new Sub- sections to read as follows: • Section 1. Lay -Off Procedures: Whenever it becomes necessary to reduce the number of employees within a given classification in any department through lack of work, funds or other causes, or when a position is abolished, employees shall be laid off as follows: 1. Duration, emergency or temporary employees 2. Probationary employees 3. Permanent employees (a) Lay-off shall first be restricted to the classification in which there is a surplus of employees within the de- partment. The person who is found to have the lowest lay-off score within the department and classification shall be entitled to fill any existing vacancy in such classification in any department of the City. Should there i • be no vacancy, the employee with the lowest lay-off score shall be entitled to replace the employee with the lowest lay-off score City-wide. That employee in turn will have the same rights starting within his or her department to replace another employee, providing they held a permanent status in some lower subordinate classification. (b) Employees in a department, division, section, etc. whose functions are to be transferred to any other govern- mental agency shall have the right to remain with the City, provided they hold permanent status in a classifi- cation that is utilized in any other department and further provided that they have sufficient seniority in the classification held or previous classifications. Employees subject to any other government transfer shall be processed in the same manner, as out- lined in this rule. (c) The order of lay-off of permanent em- ployees shall be determined by a lay- off score computed in the following manner: A credit for seniority com- puted at the rate of one tenth of one point (.1) shall be given to all em- ployees in the particular classification for each full month service within his or her particular classification in which his or her efficiency has been re- ported as other than unsatisfactory; provided, however, that in the case of veterans, one point (1.0) or ten (10) months of seniority shall be added to the total lay-off score. No seniority credits for the purpose of determining the lay-off score shall be granted for those months within a service rating period wherein an employee's service had been reported as unsatisfactory. A tie in said score shall be broken in favor of the employee with the longest service rating reported as other than unsatisfactory. Should a tie still exist, it shall be decided in favor of the employee who filed the first work application with the City. The employee with the lowest lay-off score shall then be laid off. The Civil Service Board or • • Executive Secretary may refer the employee laid off to a vacancy in a lower entrance level, which has similar requirements. It shall not be binding on a Department Director to accept the employee referred to a like or similar classification. (d) If the said employee has progressed in continuous and uninterrupted service through and holds permanent classification in each of several job classifications in the same job family, he shall hold job seniority in any one of the several job classifications as follows: 1. In the highest job classifi- cation, only seniority actually accrued in that classification shall apply. 2. In any lower job classification, all seniority accrued in said lower classification, together with all seniority accrued in the several higher classifi- cations, shall comprise the total seniority in the afore- said lower job classification. No employee shall have any right or title in a job classification in which he was never employed and held a permanent appointment in said classification. (e) Any emloyee holding a permanent or probationary status in one job classification and elevated to a higher position for the good of the service on a temporary or probationary status shall continue to accrue seniority in the former classification vacated. (f) Employees who have "advanced" not in the same job family will main- tain seniority in their previous status as of the date they advanced from that status, but they will not accrue further seniority in their previous status. Section 2. Lay-off Registers: The names of the persons who held permanent posi- tions in the classified service which have been abolished or have become unnecessary, shall be placed on an appropriate "lay-off" register in the order of their lay-off score, the highest being first, for a period not to exceed eighteen (18) months, during which time said persons may be certified for reemployment. Such employees shall be reemployed with seniority accrued prior to the lay-off but will not accrue seniority during the period of lay-off. Lay- off registers shall take priority over all other registers, including promotional. Section 2. All ordinances, code sections or parts there- of in conflict herewith, insofar as they are in conflict, 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 unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Ordinance; and it 0 shall be construed to have been the intent of the Commission of the City of Miami to pass this Ordinance without such unconsti- tutional, 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 herein. PASSED ON FIRST READING BY TITLE ONLY this day of , 1973. i PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1973. ATTEST: '`�'.,lL�:'` j -.ter 4/�.i✓-'li(Aj'Ii `:�i%,---.11 CITY CLERK MAYOR PREPARED AND APPROVED BYt FRANK H. WESTON ASSISTANT CITY ATTORNEY REVIEWED BY: C'JOHN S. LLOYD JASSISTANT TO DIRECTOR APPROVED AS TO FORM AND CORRECTNESS: ALAN H. ROTHSTEIN CITY ATTORNEY • • 6