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Home My WebLink AboutO-08171ORDINANCE NO. 8171 AN ORDINANCE AMENDING ORDINANCE NO. 6945, PASSED AND ADOPTED NOVEMBER 15, 1961, APPBOVING THE CIVIL SERVICE RULES AND'REGULATIONS OF THE CITY OF MIAMI, BY REPEALING RULE XIX, SECTION 3, SUBSECTION j, WHICH PROVIDES THAT SICK LEAVE WITH PAY SHALL NOT BE GRANT- ED FOR PREGNANCY AND REPEALING THERE- FROM RULE XIX, SECTION 6, SUBSECTION c, WHICH ESTABLISHES THE ENTITLEMENT FOR A MATERNITYV LEAVE AND THE CONDITIONS UNDER WHICH SUCH LEAVE MAY BE GRANTED. WHEREAS, the Civil Service Board, at its meeting on Tuesds,. April 10, 1973 , proposed an amendment by repealing Rule XIX, Section 3, Subsection j of the Civil Service Rules and Regulations and repealing therefrom Rule XIX, Section 6, Subsection c; and WHEREAS, said Rules are contrary to the Federal Civil Rights Act of 1964, 42 USC, Title 7, which prohibits discrimination based upon sex; 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, Florida on November 15, 1961, being an ordinance approving the Civil Service Rules and Regulations of the City of Miami, is hereby amended by repealing therefrom Rule XIX, Section 3, Subsection j, and Rule XIX, Section 6, Subsection c. 1 PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this 14th day of June, 1973. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of June, 1973. H.D. SOUTHERN CITY CLERK MAURICE FERRE MAYOR MiAMI 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 ao- peered Martha Drobnie, 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- tlsement, being a Legal Advertisement or Notice In the matter of Adoption of Ordinance No, 8171 :io: Civil Service .,lures and j\e`i,uu1ations of The City of fiar:t_ia etc+ in the :G1Y Court, was pubibhed In said newspaper in the issues of July Ga 1973 Afflant 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 se uring this advertisement for publication in the Or. / ,, Sworntto-<-en subscribed befo Irrt2. 1hIs a.111;:.�?., daf Jill!' A.D. 19 73 1 ....fi..l....kr:.,,.j. is .;...A.1,L.' • ,l .t.A•::v..0 Mellor Smi I WY fu , ate 1 Fla da at Large, (SEAL/ V .. t. L' /11 O A My Commission expi r 1, 1973. I .1 1' Of• SHAME, MADE: COUNTY, FLORIDA 1.F,GAL NOTICE; All interested will take Mike that on the 2Sth day of June, 1F73 the Commission of the Clty of Miami. Florida adopted an ordinance entitled — AN ORDINANCE AMEtD- PASSE ORDINANCE ADOPTED NOVEMBER 15, 1961 AP- PROVING THE C I V I L 'SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY RE- PEALING RULE XIX, SEC- TION 3. SURSECTION J, WHICH PROVIDES THAT SICK LEAVE WITH -'PA`f' SHALL NOT BE GRANTED FOR PREGNANCY AND REPEALING THEREFROM RULE XIX. SECTION 6, Ft BSECTION C, WHICH ESTABLISHES THE EN- TITLEMENT FOR A MA- TERNITY LEAVE AND THE CONDITIONS 'UNDER WHICH eT'CH LEAVE MAY BE GRANTED. Which Is drstgnated Ordinna c No. 8171, H. D. SOUTHERN CITY CLERK CiTY OF \IIAMTI, FLORIDA Publirr.tion of th:p entire nn the CM da!• of July. Ad No. 71'117h • FHW:nla 5-14-73 ORDINANCE NO. it 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 RULE XIX, SECTION 3, SUBSECTION j, WHICH PROVIDES THAT SICK LEAVE WITH PAY SHALL NOT BE GRANT- ED FOR PREGNANCY AND REPEALING THERE- FROM RULE XIX, SECTION 6, SUBSECTION c, WHICH ESTABLISHES THE ENTITLEMENT FOR A MATERNITY LEAVE AND THE CONDITIONS UNDER WHICH SUCH LEAVE MAY BE GRANTED. WHEREAS, the Civil Service Board, at its meeting on Tuesday, April 10, 1973 , proposed an amendment by repealing Rule XIX, Section 3, Subsection j of the Civil Service Rules and Regulations and repealing therefrom Rule XIX, Section 6, Subsection c; and WHEREAS, said Rules are contrary to the Federal Civil Rights Act of 1964, 42 USC, Title 7, which prohibits discrimination based upon sex; 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, Florida on November 15, 1961, being an ordinance approving the Civil Service Rules and Regulations of the City of Miami, is hereby amended by repealing therefrom Rule XIX, Section 3, Subsection j, and Rule XIX, Section 6, Subsection c. JUN14197-N • • 1973. PASSED AND ADOPTED this / day of-16-)z-E- 4 4/ / r 2 9T Pam, AD /2N0 /fi 2oi i 7 67 G'N ..54-'CDiVj1 .e.1N17 /'F.U/ tAir a i 7'/ ',*"e : ONc'y 1-',':f .2<P lJq.t aAi / 9 2.! ATTEST: CITY CLERK PREPARED AND APPROVED) BY: FRANK H. WESTON ASSISTANT CITY ATTORNEY REVIEWED3Y: i YOHN S. LLOYD ($SSISTANT TO DIRECTOR APPROVED iAS TO FOtM LAND CcRRECTNESS: ALAN HROTHSTEIN CITY ATTORNEY MAYOR CITY OF MIAMI. FLORIDA ;NT .R•OFF1C MEMORANDUM Tot M. L. Reese city Manager D AT'!': May 29, 1973 fuBJECY: Civil Service Rule Change for Commission Agenda • '.,Ci !ROM: "•obert L. Paulk, Jr.'/• REFERENCES: ;:: ecutive Secretary Civil Service Board ENCLOSURES: The Civil Service Board, at ita meeting of May 29, 1973, unanimously approved the adoption of the enclosed rule change which has been prepared by the City Attorney's ofice. The effect of the rule change would be to repeal the provision under Rule XIX, Section 3, Subsection (j) which prohibits the use of sick leave for preg- nancy and, in addition, repeals Rule XIX, Section 6, Subsection (c) which provides for six (6) months' maternity leave. With the adoption of this by the Board and the ritific3tion by the City Commission, female employees would be able to use "I11" time to cover absences when there is illness related to pregnancy. It would further provide that in the event there is no "Ill" time credited to subject employee, leaves of nbaence -+ithout pay due to pregnancy would be treated as any other type of temporary illness or injury. The provision of this rule change is in :reaping with the Guidelines set down by the tival Cpportunity Employment Commission which note that illness due to pregnancy nhould be treated as any other type of temporary disability and sick leave, where it exists, should be available for illness due to pregnancy. I would suggest that this ordinance amendment to the Civil Service Rules and Regu- ln:.ions be passed on an emergency basis. RLP:bds 'n.c i'/sure : As Stated Man Rothstein April 10, 197i City Attorney Robert L. Paulk, Jr. 3mecutive Secretary Civil Service Board plesse prepare an ammodment to the Civil Service Rules for the Board's eoelsiderstion, in ordinance sasndaeant form, to facilitate the removal of two (2) rules, as follows: Rule RIX, Section 6, Subsection (c) Rule XU, Section 3, Subsectioa (j). 'rbe Board has not adopted these rule changes as of this moment but 1 have suggested to the aeerbera that based on the procedure of submitting items for the Commission a3enda, the preparing of a rule change in proper ordinance fora priest to Adopting it dovld asks it immediately available to sand to the Ccaoeiasion for its action ,.fin .he oard'o approval. The Board will hold a public bearing on the proposal Da aeon at; the amendment has been prepared by your office and submitted to ,thin o_flee for ita conaidsratioc. CtTY OP MIAMI. FLORIDA IN _R-OFFICE MEMORANDUM TO: FROM I Robert L. Paulk, Jr. Executive Secretary Civil Service Board DAT March 29, 1973 MIA-73-17 _ F:LE: swum:I:Legal Opinion: Title 29, Labor Chapter XIV, Part 1604, as Amended March 31, 1972 REFE1lENCES: ENCLOSURES: (2) Reference is made to your memorandum, dated March 1, 1973, same subject, in which you requested a legal opinion concerning the following questions: DOES THE OPINION EXPRESSED IN TITLE 29, CHAPTER XIV, SEC. 1604 OF THE CODE OF FEDERAL REGULATIONS, HAVE THE EFFECT OF LAW? AND WHAT EFFECT, IF ANY, DOES THE ABOVE CITED RULE HAVE ON THE CIVIL SERVICE RULES XIX, SECTION 3, SUBSECTION (j) AND SECTION 6, SUBSECTION (c)? Attached to your request was a copy of Guidelines on Discrimi- nation because of Sex, distributed by the Equal Employment Opportunity Commission. The Guidelines consisted of an amend- ment to the Equal Employment Opportunity Commission Rules, Title 29, Rule XIV, Sec. 1604 of the Code of Federal Regulations: Sec. 1604.10, Employment Policies Related to Pregnancy and Child' Birth, is the pertinent Section of the Rule. It purports to re- quire that, "disability, caused by pregnancy, miscarriage, abortion, child birth, or recovery therefrom, be treated as' temporary disabilities for all job related purposes." The Board cites as its authority for issuing the directive, Section 113(b) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. An examination of the cited Section 713(b), a copy of which is at- tached, reveals that nothing contained in the cited section authorizes the Commission to promulgate any Rules. Section 713(a), Robert L. Paulk, Jr. Executive Secretary Civil Service Board - 2 - March 29, 1973 does authorize the Commission to "issue, amend or rescind suitable procedural regulations to carry out the provisions of this Title". (E.,phasis supplied) The Equal Employment Opportunity Commission is authorized and established by Section 705 of the Civil Rights Act. The powers of the Commission are delineated in Section 705(g), a copy of which is attached. Nowhere in the list of powers granted is there any reference to a power to make any rule. My review of the Equal Employment Opportunity Act of 1972 has not revealed any authority granted to the Commission to promulgate rules other than "procedural regulations". In accordance with the above, it is my opinion that the policy stated in the Equal Employment Opportunity Commission's Regulation is nothing more than a statement of policy announcing the Guide- lines to be Followed by the Agency. Therefore, it does not have the force of law and the cited Sections of the Civil Service Rules are not thereby declared unlawful. However,' pursuant to the poli- cy announced, if a complaint is made to the proper representative of the Commission, that Civil Service Rules XIX, Section 3, Sub- section (j) and Section 6, Subsection (c) are in violation of the Civil Rights Act, we can expect the Commission to file suit. At chat time, the Courts may determine that the cited Sections of the Civil Service Rules are discriminatory. In my opinion, there -is a very good chance that the courts would decide that they are dis- criminatory and order such relief as the Court deems appropriate. It would, therefore, seem necessary that the Civil Service Board make a determination whether they desire to maintain the status quo and risk the possible consequences of a law suit, or recognize to current trend and voluntarily amend the Civil Service Rules. A, R:FHW:nla A ts. (2) Robert L. Paulk, Jr. Executive Secretary Civil Service Board PREPARED AND APPROVED BY: CVO& Q. LI; FRANK B. WESTON ASSISTANT CITY ATTORNEY REVIEWED BY: EN S. LLOYD SSISTANT TO DIRECTO - 3 - _March 29, 1973 (g) The Commission shall have power— (1) to cooperate with and, with their consent, utilize regional, State, local, and other agencies, both public and private, and individuals; (2) to pay to witnesses whose depositions are taken or who are summoned before the Commission or any of its agents the same witness and mileage fees as are paid to witnesses in the courts of the United States; (3) to furnish to persons subject to this title such technical assistance as they may request to further their compliance with this title or an order issued thereunder; (4) upon the request of (i) any employer, whose employees or some of them, or (ii) any labor organization, whose members or some of them, refuse or threaten to refuse to cooperate in effectuating the provisions of this title, to assist in such effectua- tion by conciliation or such other remedial action as is provided by this title; (5) to make such technical studies as are appropriate to effectuate the purpose and policies of this title and to make the results of such studies available to the public; (6) to intervene in a civil action brought under section 706 by an aggrieved party against a respondent other than a government, governmental agency, or political subdivision. • RULES AND REGULATIONS Szc. 713. (a) The Commission shall have authority from time to time to issue, amend, or rescind suitable procedural regulations to carry out the provisions of this title. Regulations issued under the section shall be in conformity with the standards and limitations of the Administrative Procedure Act. (b) In any action or proceeding based on any alleged unlawful emplotiment practice, no person shall be subject to any liability or punishment for or on account of (1) the commission by such person of an unlawful employment practice if he pleads and proves that the act or omission complained of was in good faith, in conformity with, and in reliance on any written interpretation or opinion of the Corn - mission, or (2) the failure of such person to publish and file any information required by any provision of this title if he pleads and proves that he failed to publish and tile such information in good faith, in conformity with the instructions of the Commission issued under this title regarding the filing of such information. Such a defense, if established, shall be a bar to the action or proceeding, notwithstand- ing that (A.) after such act or omission, such interpretation or opinion is modified or rescinded or is determined by judicial authority to be invalid or of no legal effect, or (B) after publishing or filing the descrip- tion and annual reports, such publication or filmg is determined by judicial authority not to be in conformity with the requirements of this title. ♦ �n 4 CITY OF MIAM1. FLORIDA 1NTEER•OFFIGE MEMORANDUM TO: Alan Rothstein City Attorney n atom' Robert L. Paulk, ,;;r. Executive Secretary Civil Service Board DATEr March 1, 1973 SUBJECT: Legal Opinion: Title 29, Labor Chapter XIV, Part 1604, as amended March 31, 1972 REFERENCES: ENCLOSURES: 0ne (1) Civil'Service Rule XIX, Section 3, Sub -section "j" states: "Sick leave with pay shall not be granted for pregnancy". Civil Service Rule XIX, Section 6, Sub -section "c" provides leave of absence with- out pay due to Maternity Leave not to exceed 6 months and then only if the employee expects to return. The two above referenced City of Miami Civil Service Rules seem to be in violation of Part 1604: Guidelines in Discrimination Because of Sex, with particular reference to 1604.10 (b), a copy of which is enclosed, which seeds to indicate that an em- ployee who becomes pregnant shall be eligible to use sick time for such pregnancy as this is a temporary disability. It likewise seems to indicate that Sub -section "c" under Section 6 of Rule XIX should not exist as these absences should be treated the same as any other type of temporary disability. Please review the guidelines enclosed and determine if they do have the effect of law as seems to be indicated and render an opinion as to the affect it imposes on the Civil Service Rules referred above. If it is your opinion that 1604.10 is valid, then temporary disability due to preg- nancy should permit sick tine to be used in such cases until exhausted and any further absence during such convalescence would most likely be authorized under Rule XIX, Section 6, Sub -section "a". RLP:eb Encl: 0na (1) cc: H.L. Reese City Manager .444.1410,