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Resolution 7371 RESOLUTION NO. 7371 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING AMENDMENTS TO THE PRSONNEL RULES OF SAID CITY. JHEREAS, the Director of Personnel of the City of Miami Beach Florida, has prepared amendments to the Personnel Rules of said City by the terms of which that portion of Sub-section (a) of Section 3 of Rule XII reading as follows : " (a) ANNUAL LEAVE: Annual Leave shall be granted to all employees who have Regular status in any classification whatsoever at the rate of twenty (20) days with pay for each full year of service, but shall not be granted to employees serving under Provisional Appointment nor to employees serving their original Probationary Period. Annual Leave shall be used for absences because of sickness or injury, not service connected, or because of the death or serious illness of a member of the employee' s immediate family, and for yearly vacation absences. Annual Leave with pay shall in no case exceed the yearly allowance plus any accumulation of the employee, except in such cases as the City Manager shall recommend and the City Council shall approve." is amended to read as follows: " (a) ANNUAL LEAVE: Annual Leave shall be granted to all employees who have Regular status in any classification whatsoever at the rate of twenty (20) days with pay for each full year of service, but shall not be granted to employees serving under Provisional appointment nor to employees serving their original Probationary Period. Annual Leave shall be used for absences because of sickness or injury, not service connected, or because of the death or serious illness of a member of the employee' s immediate family, for religious holidays, and for yearly vacation absences. Annual Leave with pay shall in no case exceed the yearly allow- ance plus any accumulation of the employee, except in such cases as the City Manager shall recommend and the City Council shall approve." and Sub- paragraph 1 of Sub-section (a) of Section 3 of said Rule XII reading as follows: "1. In order to receive pay for time absent because of illness or injury not service connected or because of the death or serious illness of a member of an employee' s immediate family, the provisions of Section 1 must be fully complied with. Immediate family is defined as wife, child, brother, sister, parent, or other relative living in the same household." is amended to read as follows: "1. In order to receive pay for time absent because of illness or injury, not service connected, or because of the death or serious illness of a member of an employee' s immediate family, the provisions of Section 1 must be fully complied with. Immediate family is defined as wife, husband, child, brother, sister, parent, or other relative living in the same household . Payment of Annual Leave for religious holidays shall be limited to high religious holidays, not otherwise provided for, and not to exceed three (3) in any year." -1- and Sub-section (c) of Section 3 of said Rule XII reading as follows: " (c) OTHER LEAVES WITH COMPENSATION: With the approval of the City Council, other leaves of absence with compensation or with reduced compensation nay be granted by the City Manager in addition to regularly allowed leave when such leaves are recommended by an Appointing Officer for the purpose of promoting efficiency and advancing the standards of the service." is amended to read as follows: " (c) OTHER LEAVES WITH COMPENSATION: Members of civilian components of the Armed Forces , who are Regular employees, shall be entitled to Leave during the periods of military train- ing duty, and shall be paid compensation equal to the amount that their City nay, based on normal work time (forty-eight 0+8) hours per week for hourly employees) , would exceed the pay and allowances received for such training duty, but in no case for more than thirty (30) days in any year. With the approval of the City Council, other leaves of absence with compensation may be granted by the City Manager in addition to regularly allowed leave when such leaves are recommended by an Appointing Officer for the purpose of promoting efficiency and advancing the standards of the service." and Rule XV is amended to read as follows: "RULE XV LEAVES FOR NATIONAL EMERGENCY PURPOSES This Rule is adopted to cover situations occurring during and because of the participation by the United States in any armed conflict either by, or as the result of, a Declaration of War, as an active combatant by direction of the United Nations, or during periods when the Armed Forces of the United States are calling or re-calling persons to involuntary active military duty. The provisions hereinafter set forth shall be applicable only, and limited to, the times and conditions set forth, and shall be effective only for a sufficient time thereafter to protect the Civil Service rights of those employees and officers of the City affected thereby; and during these times, the provisions of this Rule shall take precedence over any contrary provisions of the Personnel Rules. The provisions of this Rule shall apply to employees entering service as members of the Armed Forces under the following conditions: CONDITION 1. During the times when the United States is an active combatant in any wars, those employees who voluntarily enlist or are commissioned in the Armed Forces, those employees who are drafted into the Armed Forces, and those employees who are called to active military duty from Reserve status or as members of the National Guard. CONDITION 2. During times when the Armed Forces of the TJnited States are involuntarily calling or re-calling persons to active military duty, but when the United States is not an active combatant in any war, those employees who are involuntarily called to active military service in the Armed Forces, either by drafting or by being called to active military service from Reserve status or as members of the National Guard. The Personnel Board shall have wide latitude in construing the meaning and intent of this paragraph to insure that persons having Civil Service rights with the City of Miami Beach are provided with the maximum protection against conditions rising out of National security measures. -2- r - SECTION 1. PROVISIONAL EMPLOYEES: No rights under RULE XV shall accrue to employees occupying positions under Provisional status. SECTION 2. PERSONS ON ELIGIBLE LISTS: Those persons whose names are on eligible lists for employment, re-employment or promotion, and who by reason of service as members of the Armed Forces of the United States under Conditions l and 2 above are not available for appointment, shall not lose their eligibility thereby. The names of such persons shall remain on such eligible lists during the normal life of the lists, and thereafter until six (6) months after their release from active duty, or six (6) months after they first become eligible for such release. If the lists shall expire by limitation and new lists are prepared, such persons shall take precedence over all persons on the respective new lists , and shall retain the same relative order of preference as existed when the old lists expired. Appointments of such persons following their releases from active service with the Armed Forces shall be contingent upon suitable physical and mental condition for the work to be performed, and on a.,record of honorable service in the Armed Forces . SECTION . PROBATIONARY EMPLOYEES: .01 SERVICE IN THE ARMED FORCES: Employees occupying positions under Probationary status, who become members of the Armed Forces of the United States under Conditions 1 or 2 above, upon proper notice to their Appointing Officers, shall have their names placed on the Re-employment Eligible List for the Classification to which their position belongs and shall be eligible for re-employment for one (1) year from the date of their discharge from the Armed Forces, or one (1) year from the date when they first become eligible for such discharge, provided that their physical and mental condition is such that they can perform the duties of the Classification from which they left. If their physical and/or mental condition is not such that they can perform the duties of such Classification, their names shall be placed on the Re-employment Eligible List for other Classifications• for which they may be suited of an equal or lower grade. .02 OTHER NATIONAL DEFENSE WORK: Employees occupying positions under Probationary status, who voluntarily leave the service of the City to accept positions in the National Defense program, other than in the Armed Forces, upon proper notice to their Appointing Officers shall be considered as resigning in good standing and their names shall be placed on the Re-employment Eligible List for the Classification to which their position belongs. SECTION 4. REGULAR EMPLOYEES: .01 SERVICE IN THE ARMED FORCES: Those Regular employees who become members of the Armed Forces under Conditions) and 2 above, upon proper notice to their Appointing Officers, shall be granted Military Leaves of Absence, which shall be effective until ninety (90) days after their honorable release from active service with the Armed Forces, or until ninety (90) days after they first become eligible for such release. Such employees shall be given credit for time served with the Armed Forces in computing any seniority rights, and if Service Ratings are made during such Leave, they shall be credited each time with a satis- factory rating. .02 OTHER NATIONAL EMERGENCY WORK: .01 Voluntary Separations: Regular employees who voluntarily leave the service of the City to accept positions other than in the Armed Forces, if approved by their Appoint- ing Officers and the City Manager, shall be granted Non-military Leaves of Absence for limited periods, at the end of which time _3_ they will be required to either return to their duties with the City, or submit their resignations. The failure to return or to 'submit a written resignation will be considered adequate grounds for removal. No seniority or other rights shall accrue during such periods of absence. .02 Requisitioned Employees: Regular employees who because of special abilities are positively and individually requisitioned by Federal Authorities for civilian war connected or security duty, if their release is agreeable to their Appoint- ing Officers, may, at the discretion of the City Manager, be granted Leaves of Absence under the same terms and condiions as apply to Military Leaves of Absence for Regular employees who enter service with the Armed Forces under Conditions 1 and 2 above. .03 SUBSTITUTrE EMPLOYEES: Persons appointed to temporarily fill positions held open for Regular employees granted Leaves of Absence as provided above, shall, so far as is practicable, be appointed from suitable eligible lists, and shall hold these positions with Substitute Status . In he absence of suitable eligible lists, present employees, or other persons, who possess the minimum qualifications for the vacant position may be selected as Substitute employees by the Appointing Officers with the approval of the Director of Personnel, and such persons so selected shall be compensated within he scale provided for the Classification to which the vacant position belongs, and may continue in such employment without time limitation other than the establishment of appropriate eligible lists, and no other rights in such classification shall accrue to any person not appointed from a suitable eligible list. If, by reason of the death or total permanent disability of a person on Military Leave, the position becomes permanently vacant, the Substitute employee who is occupying such position, if he shall have been appointed from an appropriate eligible list and shall have served for nine (9) or more months in such position, shall, upon recommendation of the Appointing Officer immediately attain Regular status; or if he shall have served for less than nine (9) months in such position, he shall immediately acquire Pro- bationary status and at the completion of nine (9) months from the date of the original Substitute appointment, shall be eligible for Regular. status. No seniority credit shall be given for time served under Substitute status unless as a result thereof the employee shall receive a Regular appointment, in which case he shall receive credit for only that time required as a Probationary Period, and except that Regular employees who may be given Substitute appointments in higher Classifications than those to which they properly belong shall receive credit in their Regular classifications. .04 PROMOTIONAL EXAMINATIONS: Any Regular employee who has been granted a Military Leave of Absence under the terms of this Rule, and who is unable to participate in any promotional examination for which he might be eligible, if the Eligible List resulting from such examination shall be in effect at the time of his return to City duties, upon demand, shall be given an individual test of the same degree of difficulty, provided that he met the minimum qualifications for the higher ' lassification at the time of his being granted such Leave. If he shall successfully pass such examination, his name shall be fitted into the existing Eligible List in order of score, and his eligibility shall continue for the life of the List. SECTION 5. WAR CASUALTIES: Regular employees who are granted Military Leaves of Absence, and who are incapacitated mentally or physically while in the service of the Armed Forces , insofar as is practicable, shall be provided with employment within their ability to perform, in the Department from which they were granted Military Leave, or other Department as may be arranged -4- by the City Manager. The rate of pay of such incapacitated employee shall not be less than seventy (70) percent of the pay he would be entitled to in the Classification from which he was granted Military Leave." and WHEREAS, the Personnel Board of said City has heretofore approved said amendments, NOW, TI-EREFORE, BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that said amendments to said Personnel Rules be and the same are hereby approved. PASSED and ADOPTED this 20th day of December, A. D. 1950. `ayor ATTEST: tr& r-- Cler litA471- ee"'Z- .i' r o� c�a as Pi CIS H O H rd cid A w d ho0 OH r- ' c� W pCO a; � - � _1 v a • cd c, d '0O 0 0 $-4 .4 O 0 .1- p � ''14 aN0 0 N4-3 N 0b LSD b.0 0600 U) b DA O �„..4 ,a) v •ri ai r-1 H O f-c N O O U +)