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