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HomeMy WebLinkAboutO-08182ORDINANCE NO. 8182 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 AMENDING RULE VIII, SECTION 6,BY REPEALING SUBSECTIONS b AND c, WHICH PROVIDE FOR TWELVE (12) MONTH PROBATIONARY PERIODS OF SERVICE FOR POLICEMEN, PRISON GUARDS, POLICE MATRONS, POLICE WOMEN, POLICE IDENTI- FICATION OFFICERS AND FIREMEN; AND SIX (6) MONTHS PROBATIONARY PERIODS OF SERVICE FOR ALL OTHERS APPOINTD OR PROMOTED; SUBSTITUTING THEREFOR NEW SUBSECTIONS b AND c, WHICH PROVIDE FOR A PROBATIONARY PERIOD OF SIX (6) MONTHS ACTUAL SERVICE IN ALL CLASSIFIED POSITIONS TO WHICH THE EMPLOYEE IS PRO- MOTED AND IN ALL POSITIONS EXCEPTING THE POSITIONS OF POLICE OFFICER, IDENTIFICATION TECHNICIAN I, AND FIRE- FIGHTER TO WHICH THE EMPLOYEE IS AP- POINTED OR ADVANCED; PROVIDING FOR AN EIGHTEEN (18) MONTH PROBATIONARY PERIOD OF SERVICE IN POSITION OF POLICE OFFICER AND TWELVE (12) MONTH PERIOD OF PROBATION- ARY SERVICE IN POSITIONS OF IDENTIFICATION TECHNICIAN I OR FIREFIGHTER; FURTHER PRO- VIDING THAT IN CASE OF SUBSTANTIAL ABSENCE FROM DUTY OR OTHER GOOD CAUSE, THE DEPART- MENT HEAD MAY REQUEST AND THE BOARD MAY ESTABLISH AN ADDITIONAL PROBATIONARY PERIOD OF SERVICE NOT TO EXCEED THE INITIAL PERIODS OF PROBATIONARY SERVICE ESTABLISHED; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DISPENSING WITH READING ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE COMMISSION AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. WHEREAS, the Civil Service Board, at its meeting on Tuesday, July 31,1973 , proposed a change in its Rules to revoke Subsections b and c of Rule VIII, Section 6, and substituting therefor new Subsections b and c, providing that employees initially appointed to or advance to the positions of 1 Identification Technicians I or Firefighter shall serve a twelve (12) month probationary period of actual service, and employees initially appointed or advance to the position of Police Officer shall serve an eighteen (18) months probationary period of actual service; and WHEREAS, the Civil Service Board scheduled a public hearing on said proposed change in Civil Service Rule VIII, Section 6, Subsections b and c; and WHEREAS, said public hearing was held on August 28, 1973 and at the conclusion of the public hearing, the Civil Service Board, by a vote .of 4 to 0 , voted to adopt the Rule in Section 1 herein; and WHEREAS, it is the desire of the Civil Service Board to incorporate the provisions of the proposed Rule change in the Civil Service Rules and Regulations of the City of Miami; and WHEREAS, the City of Miami no longer operates a confine- ment facility and, therefore, there are no longer any personnel within the employment of the City of Miami in the classification of Prison Guards; and WHEREAS, the personnel structure of the City of Miami has been reorganized and there are no longer any persons employed by the City of Miami in the classification of Police Matron or Police Women; and WHEREAS, the nomenclature describing the job functions previously classified as Police Identification Officers was in- correct, inasmuch as Police Identification Officers performed identification work for Police Officers, but were not Police Officers; and WHEREAS, those personnel who were previously classified incorrectly as Police Identification Officers are now correctly classified as Identification Technicians I performing identifi- cation work for the Police Department pursuant to a reorganization and nomenclature change; 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, approving the Civil Service Rules and Regulations, is hereby amend- ed by repealing therefrom Subsections b and c, Rule VIII, Section 6, entitled "Probationary Appointment" and substituting therefor new Subsections to read as follows: Rule VIII, Section 6,: b. No initial appointment, advancement or promotion in the classified service shall be deemed complete until a pro- bationary period of actual service in the position to which appointed, ad- vanced or promoted shall have been completed. c. The required period of probationary service shall be as follows: Upon the initial appointment or ad- vancement to the position of Police Officer, the period of probationary service shall be eighteen (18) months. Upon the initial appointment or ad- vancement to the position of Identifi- cation Technician I or Firefighter, the period of probationary service shall be twelve (12) months. Upon the initial appointment or ad- vancement to any position other than Police Officer, Identification Technician I, or Firefighter, the period of probationary service shall be six (6) months. Upon the promotion to any position in the classified service, the period of probationary service shall be six (6) months. If the probationary employee should be absent from duty for any reason what- soever for a period which the Department Head deems substantial, or for other good cause, the Department Head may apply to the Board for the establish- ment of an additional probationary period. Should the Board, in its sole discretion, find that the period is substantial, or that good cause exists, then the Board shall provide for a period of additional actual service, not to exceed the probationary period, in the position specified above. 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 unconstitutional, 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 13th day of September,1973. DAVID T. KENNEDY H.D. SOUTHERN MAYO R CITY CLERK MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally op - 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 Adoption of Ordinance No. 8182 .City of .Miami, Florida. Re: Civil Service Rules and Regulations, etc. In the XXX Court, was published in said newspaper in the issues of September 18, 1973 Affiant 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 es second class mail matter at the post office in Miami, in said Dade County. Florida, tor a period of one year next preceding the first publication of the attached copy of advertisement; and afhant furthcr says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpo .e of securing this advertisement for publication in b.e-37ter-nswspaper. worn %to.:•and sutbstritie.d betpre me this 18th.... y.6t ( SeptembAer:.11►;. L 19 73 . tfE; th'Crilatte� o4gr1+ Rutr ;atr+.Dt oxide at Large. (SEAL) "\. / / 0 -; k i•' , . My Commission exptraa_May 16,-1977. CITY OF MIAxi, »ADE COUNTY, F ORIDA L) AI, voTirE All Interepted *III take nnttce that on the 13th Inv of Septem- ber. 1973 the Commission of the Cite nt Miami, Florida adopted an ordinance entitled — AN ORDINANCE AMEND- ING ORDINANCE NO. 6945. PASSED AND ADOPTED NOVEMBER 15, 1961, AP- PROVING THE CIVIL SERVICE RULES AND REGULATIONS OF THE CITY OF MIAMI, BY AMENDING RULE VIII, SECTION 6. BY REPEAL- ING SUBSECTIONS b AND r•. WHICH PROVIDE FOR TWELVE r12) MONTH PROBATIONARY PERIODS OF SERVICE FOR POLICE- MEN. PRI.LON GUARDS, POLICE MATRONS. POL- ICE WOMEN. POLICE IDENTIFICATION OF- FICERS AND FIREMEN: AND SIX (61 MONTHS PROBATIONARY PERIODS OF SERVICE FOR ALL OTHERS APPOINTED OR PROMOTED: SUBSTITUT- ING THEREFOR NEW SUBSECTIONS b AND c, WHICH PROVIDE FOR A PROBATIONARY PERIOD OF' SIX. 161 MONTHS ACTUAL SERVICE IN ALL CLASSIFIED POSITIONS TO WHICH THE EM- 'PLOYEE I5 PROMOTED AND IN ALL POSITIONS EXCEPTING THE POSI- TIONS OF POLICE OF- FICER. IDENTIFICATION TECHNICIAN I. AND FIRE- FIGHTER TO WHICH THE EMPLOYEE IS APPOINT- ED OR ADVANCED; PRO- VIDING FOR AN EIGH- TEEN 11S1 MONTH PRO- BATIONARY PERIOD OF SERVICE I\ POSITION OF POLICE OFFICER AND TWELVE (121 11 O N T H PERIOD OF PROBATION- ARY SERVICE IN POSI- TIONS OF IDENTIFICA- TION TECHNICIAN I OR FIREFIGHTER: FURTHER PROVIDING THAT IN CASE OF SUBSTANTIAL ABSENCE FROM DUTY OR OTHER GOOD CAUSE. THE DEPARTMENT HEAD MAY P, EQU EST AND THE BOARD MAY ESTABLISH AN. ADDITIONAL PROBA- TIONARY P'L1019 Iy .: OF SERVICE NOT TO EXCEED THE INITIAL PERIODS OF PROBATIONARY SERVICE ESTABLISHED: REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CON- FLICT. INSOFAR AS THEY ARE IN CONFLICT: CON- TAINING A SEVERABIL- ITY PROVISION: DISPENS- ING WITH READING ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE COMMISSION AND DECLARING THIS ORDI- NANCE TO BE AN EMER- GENCY MEASURE. which Is designated Ordinance No. 6162. H D SOUTHERN CITY CLERK CITY OF MI-fI, FLORIDA Pnhlleat1 ,n of this notice on the ISth day of September, 1973. .Ad No. 90560 LEGAL NOTICE All interested will take notice that on the 13th day of September,1973 the Commission of the City of Miami,Florida adopted an ordinance entitled - 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 AMENDING RULE VIII, SECTION 6,BY REPEALING SUBSECTIONS b AND c, WHICH PROVIDE FOR TWELVE (12) MONTH PROBATIONARY PERIODS OF SERVICE FOR POLICEMEN, PRISON GUARDS, POLICE MATRONS, POLICE WOMEN, POLICE IDENTI- FICATION OFFICERS AND FIREMEN; AND SIX (6) MONTHS PROBATIONARY PERIODS OF SERVICE FOR ALL OTHERS APPOINTED OR PROMOTED; SUBSTITUTING THEREFOR NEW SUBSECTIONS b AND c, WHICH PROVIDE FOR A PROBATIONARY PERIOD OF SIX (6) MONTHS ACTUAL SERVICE IN ALL CLASSIFIED POSITIONS TO WHICH THE EMPLOYEE IS PRO- MOTED AND IN ALL POSITIONS EXCEPTING THE POSITIONS OF POLICE OFFICER, IDENTIFICATION TECHNICIAN I, AND FIRE- FIGHTER TO WHICH THE EMPLOYEE IS AP- POINTED OR ADVANCED; PROVIDING FOR AN EIGHTEEN (18) MONTH PROBATIONARY PERIOD OF SERVICE IN POSITION OF POLICE OFFICER AND TWELVE (12) MONTH PERIOD OF PROBATION- ARY SERVICE IN POSITIONS OF IDENTIFICATION TECHNICIAN I OR FIREFIGHTER; FURTHER PRO- VIDING THAT IN CASE OF SUBSTANTIAL ABSENCE FROM DUTY OR OTHER GOOD CAUSE, THE DEPART- MENT HEAD MAY REQUEST AND THE BOARD MAY ESTABLISH AN ADDITIONAL PROBATIONARY PERIOD OF SERVICE NOT TO EXCEED THE INITIAL PERIODS OF PROBATIONARY SERVICE ESTABLISHED; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DISPENSING WITH READING ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE COMMISSION AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. which is designated Ordinance No. 8182. H D SOUTHERN CITY CLERK CITY OF MIAMI, FLORIDA FHW:nla 7-17-73 ORDINANCE NO. e / P i -- 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 AMENDING RULE VIII, SECTION 6,BY REPEALING SUBSECTIONS b AND c, WHICH PROVIDE FOR TWELVE (12) MONTH PROBATIONARY PERIODS OF SERVICE FOR POLICEMEN, PRISON GUARDS, POLICE MATRONS, POLICE WOMEN, POLICE IDENTI- FICATION OFFICERS AND FIREMEN; AND SIX (6) MONTHS PROBATIONARY PERIODS OF SERVICE FOR ALL OTHERS APPOINTED OR PROMOTED; SUBSTITUTING THEREFOR NEW SUBSECTIONS b AND c, WHICH PROVIDE FOR A PROBATIONARY PERIOD OF SIX (6) MONTHS ACTUAL SERVICE IN ALL CLASSIFIED POSITIONS TO WHICH THE EMPLOYEE IS PRO- MOTED AND IN ALL POSITIONS EXCEPTING THE POSITIONS OF POLICE OFFICER, IDENTIFICATION TECHNICIAN I, AND FIRE- FIGHTER TO WHICH THE EMPLOYEE IS AP- POINTED OR ADVANCED; PROVIDING FOR AN EIGHTEEN (18) MONTH PROBATIONARY PERIOD OF SERVICE IN POSITION OF POLICE OFFICER AND TWELVE (12) MONTH PERIOD OF PROBATION- ARY SERVICE IN POSITIONS OF IDENTIFICATION TECHNICIAN I OR FIREFIGHTER; FURTHER PRO- VIDING THAT IN CASE OF SUBSTANTIAL ABSENCE FROM DUTY OR OTHER GOOD CAUSE- THE DEPART- MENT HEAD MAY REQUEST AND THE BOARD MAY ESTABLISH AN ADDITIONAL PROBATIONARY PERIOD OF SERVICE NOT TO EXCEED THE INITIAL PERIODS OF PROBATIONARY SERVICE ESTABLISHED; REPEAL- ING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY PROVISION; DISPENSING WITH READING ON TWO SEPARATE DAYS BY A FOUR -FIFTHS VOTE OF THE COMMISSION AND DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE. WHEREAS, the Civil Service Board, at its meeting on Tuesday, , proposed a change in its Rules to revoke Subsections b and c of Rule VIII,, Section 6, and substituting therefor new Subsections b and c, providing that employees initially appointed to or advance to the positions of • • Identification Technicians I or Firefighter shall serve a twelve (12) month probationary period of actual service, and employees initially appointed or advance to the position of Police Officer shall serve an eighteen (18) months probationary period of actual service; and WHEREAS, the Civil Service Board scheduled a public hearing on said proposed change in Civil Service Rule VIII, Section 6, Subsections b and c; and WHEREAS: said public hearing was held on and at the conclusion of the public hearing, the Civil Service Board, by a vote of to , voted to adopt the Rule in Section 1 herein; and WHEREAS, it is the desire of the Civil Service Board to incorporate the provisions of the proposed Rule change in the Civil Service Rules and Regulations of the City of Miami; and WHEREAS, the City of Miami no longer operates a confine- ment facility and, therefore, there are no longer any personnel within the employment of the City of Miami in the classification of Prison Guards; and WHEREAS, the personnel structure of the City of Miami has been reorganized and there are no longer any persons employed by the City of Miami in the classification of Police Matron or Police Women; and WHEREAS, the nomenclature describing the job functions previously classified as Police Identification Officers was in- correct, inasmuch as Police Identification Officers performed identification work for Police Officers, but were not Police Officers; and WHEREAS, those personnel who were previously classified incorrectly as Police Identification Officers are now correctly classified as Identification Technicians I performing identifi- cation work for the Police Department pursuant to a reorganization and nomenclature change; 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, approving the Civil Service Rules and Regulations, is hereby amend- ed by repealing therefrom Subsections b and c, Rule VIII, Section 6, entitled "Probationary Appointment" and substituting therefor new Subsections to read as follows: Rule VIII, Section 6,: b. No initial appointment, advancement or promotion in the classified service shall be deemed complete until a pro- bationary period of actual service in the position to which appointed, ad- vanced or promoted shall have been completed. c. The required period of probationary service shall be as follows: Upon the initial appointment or ad- vancement to the position of Police Officer, the period of probationary service shall be eighteen (18) months. Upon the initial appointment or ad- vancement to the position of Identifi- cation Technician I or Firefighter, the period of probationary service shall be twelve (12) months. Upon the initial appointment or ad- vancement to any position other than Police Officer, Identification Technician I, or Firefighter, the period of probationary service shall be six (6) months. Upon the promotion to any position in the classified service, the period of probationary service shall be six (6) months. If the probationary employee should be absent from duty for any reason what- soever for a period which the Department 3 Head deems substantial, or for other good cause, the Department Head may apply to the Board for the establish- ment of an additional probationary period. Should the Board, in its sole discretion, find that the period is substantial, or that good cause exists, then the Board shall provide for a period of additional actual service, not to exceed the probationary period, in the position specified above. 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 o: Miami to pass this Ordinance without such unconstitutional, 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. 4 • • • PASSED AND ADOPTED this /3 day o 110T 1973. /S'/ A P/0 .77 "..A0A,A 0 MAYOR PREPARED AND APPROVED BY: , FRANK H. WESTON ASSISTANT CITY ATTORNEY REVIEWED BY: j fit i.../ / r /�i`?'.� JOHN S. LLOYD %ASSISTANT TO DIRECTOR APPRO ED AS TO FS D C RECTNESS : 1 l ALAN ROTHSTEIN CITY ATTORNEY