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R9K Personnel RulesMIAMI BEACH OFFICE OF THE CITY MANAGER LETTER TO COMMITTEE TO: Committee of the Whole FROM: Jimmy Morales, City Manager DATE: October 16, 2013 SUBJECT: Proposed Changes to the Pers nnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Background At the December 16, 2011, Personnel Board meeting, Moj Khaghan Dania!, then an Associate Member and today the Vice Chairperson, assumed responsibility for chairing a subcommittee tasked with reviewing the Personnel Rules for the Classified Service and making recommendations to the Board. The subcommittee was open to all Board members to participate based on their availability and interest. The subcommittee approached its task with the following guiding principles in mind: (1) this appears to be the first complete review and revision of the Personnel Rules since their adoption in 1939; (2) all meetings were to be open to the public; (3) the Civil Service Act was to be referenced throughout the process to ensure compliance; (4) information was to be gathered from staff to identify outdated and current practices; (5) guidelines no longer applicable or appropriate were to be deleted and (6) the final product was to be more concise and easier to understand. The Personnel Board, a ten-member board, is currently comprised of the following members: • Gabriel Paez, Chairperson; • Moj Khaghan Dania!, Vice Chairperson; • Laurie Kaye Davis, Associate Member; • Lori Gold, Associate Member; • Rosalie Pincus, Associate Member; • George Castell, Employee Member; • Evette Phillips, Employee Member; and • Christopher Diaz, Employee Member. The Human Resources Director, Sylvia Crespo-Tabak, is the Board's secretary and the Board's legal advisor is Robert Rosenwald from the City Attorney's Office. On September 30, 2013, the subcommittee presented its recommendations to the Personnel Board at its regularly scheduled meeting. At the end of the meeting Mr. Paez We are committed to providing excellent public service and safety to all who live, work, and play in our vibrant, tropical, historic community. Agenda Item R q K Date IO-Ib·l3 Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 2 October 16, 2013 asked the secretary to circulate the proposed rev1s1ons, as amended at the meeting, pursuant to Section 14 of Article IV, Civil Service System, which states, in part, that" ... after August 1, 1951, the Personnel Rules and amendments thereto shall not be subject to approval by [the] City Commission. No amendments thereto shall be adopted until thirty days after a copy of such amendment shall have been submitted to the City Manager and to a representative of each of the three groups referred to in Section 4 [12], ... " Summary of Proposed Changes There are several significant proposed amendments. Among them the following stand out: • Rule II -The Code of Ethics. The importance of the new Rule cannot be overemphasized. Given the concerted effort everyone associated with the City of Miami Beach is making to recover and maintain the public's trust, providing employees with clear expectations regarding their conduct on and off duty is a significant step in the right direction. • Rule VI -Applications and Examinations. Current prov1s1ons allow a former employees who were dismissed for violating rules or resigned in lieu of termination to petition the Personnel Board for reinstatement of [sic] his/her eligibility to compete in examination for entry into the Classified Service. The subcommittee has proposed eliminating this provision considering that once someone has been separated for cause, he/she should not be re-employed. • Rule VIII -Method of Filling Vacancies. The subcommittee is recommending that once employees leave the classified service, they retain rights to their former classification for 90 days and in case of a layoff for 365 days. • Rule X-Disciplinary Action._ The contents were revised and the sequence in which they appear changed. First there is a description of the grounds for disciplinary action, and then the types of action are described in ascending order of severity. A number of reasons that may lead to disciplinary action were added. • Rule XII -Resignation and Layoffs. Adds the provision that employees who resign in lieu of termination are subject to disqualification from re-employment. • Rule XIII -Appeals for Disciplinary Action. The most significant change is that the proposed Rule eliminates the requirement that the Personnel Board hear the evidence and render a decision if the employee does not appear and requires the appeal be denied; changes the consequences from default to continuance if the appointing authority fails to appear. • Rule XV-Performance Evaluations. There is a new provision under paragraph (d) that states that an employee whose most recent overall performance evaluation score was less than 50 shall be disqualified from promotional examinations until Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 3 October 16, 2013 such time as the employee earns a score of 50 or above. Furthermore, the subcommittee is recommending that only overall performance evaluation scores less than 50 be eligible for appeal. Currently, an employee may appeal a single rating that is less than 5. Rule I -General Provisions There are a number of editorial changes in the section, some of which simply clarify language and intent. Of note, however, are the following: • Section 1 -Purpose of Rules (page 1) -new language in the first paragraph. "These Rules Provide specific Regulations on daily personnel matters. These Rules will govern in resolving personnel problems but cannot be so precise or complete as to address every employment situation." • Section 2 -Positions Covered by Rules (page 1) -Specifies that the Rules do not apply when they conflict with provisions in a collective bargaining agreement. • Section 3 -Prohibitions and Restrictions ( page 1) • Updates the prohibition against unlawful discrimination, • Requires advanced written approval for outside employment or gainful occupation. • Restricts dual part-time employment with the City to 29 hours, unless otherwise approved by the Human Resources Director. • Includes individual who reside together and domestic partners in violation of the prohibition against family members living together and being employed in the same division where one supervises or evaluates the other. • Section 4 -Violation of Rules (page 4) -Adds the requirement that employees who know of violations and fail to report that they shall also be subject to disciplinary action. • Section 5 -Amendments of Rules (page 4) -Incorporates language formerly in Section 9, which requires that the City Manager and employee representatives have 30 days to review proposed amendments to the Rules before the Personnel Board can approve them. • Section 8 -Definitions (page 5) -Almost every term was redefined with the goal of making the meaning more clear. Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 4 October 16, 2013 Rule II -The Code of Ethics This section is completely new and written to give employees a clear understanding of the ethical standards to which they will be held. When references are made to information contained in other documents such as the City of Miami Beach Code of Ordinances and the Florida Code of Conduct for City Officers, language is incorporated into the Rules by reference and attached as exhibits thereto. • Section 2-The Code of Ethics (page 13) -Sets forth the Code of Ethics. • Section 3 -Prohibitions on Gifts (page 14) -Addresses the prohibition regarding acceptance of gifts, consistent with state law. • Section 4 -Standard of Conduct (page 15) -Informs employees they must abide and uphold the Citizens' Bill of Rights. • Section 5 -Duty to Report (page 15) -Sets forth the duty to report known or potential violations of law or ethics. • Section 6 -Duty to Self-Report (page 15) -Sets forth the duty to self-report when arrested or given a notice to appear. This requirement was communicated to employees in December 2012, and adding it to the Personnel Rules as a requirement strengthens the seriousness with which the Mayor, City Commissioners and the Administration take transparence and ethical conduct. • Section 7 -Failure to Report (page16) -Sets forth the consequences of failing to report, as required, which includes termination of employment for cause. Rule Ill -The Classification Plan (page 17) New language in Section 2 states that when new classifications are created or there are other amendments to the classification plan, these shall be adopted according to the same procedures established for the original adoption of the plan as set forth in Section 10, Article IV, of the Civil Service Act, which are that the Human Resources Director "prepare and recommend to the Personnel Board of [the] classification plan and amendments thereto for the entire classified service of the City ... ". Rule IV-The Compensation Plan (page 22) Revisions to this Rule are mostly editorial in nature and meant to clarify. Rule V-Certification of Payrolls (page 25) The most significant editorial change to this section of the Rules is the inclusion of language related to the federal wage and hour laws. Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 5 October 16, 2013 Rule VI -Applications and Examinations (page 26) Revisions in this Rule are mostly editorial in nature, re-written to reflect actual practices and to recognize changes in technology by removing the requirement to announce openings in a newspaper of general circulation and acknowledging the use of email as a common communication method. • Section 5, Disqualification of Applicants (page 28) -the reasons for which the Human Resources Director may refuse to examine an applicant, remove an applicant from an eligible list or refuse to certify an appointment were expanded significantly. • Of significance is the deletion of provisions and procedures that permitted a former employee dismissed for cause to apply to the Personnel Board for reinstatement to an eligibility list. (page 28) Rule VII -Eligibility Lists (page 35) Revisions to this Rule are mostly editorial in nature, re-written to reflect actual practices. Rule VIII-Method of Filling Vacancies (page 42) While most revisions in this section are editorial in nature, re-written to reflect actual practices such as eliminating the appointing officer's ability to specify an applicant's gender pursuant to a bona fide occupational requirement, the following are significant. • Section 5-Provisional Appointments (page 44)-was deleted. • Section 7 Re-appointments after Disability Retirement (page 45) -re-appointment after disability retirement was deleted. • Section 7 -Appointment to the Unclassified Service (page 46) -The proposed change to this rule is significant since it strips employees appointed to the unclassified services of classified service rights except for the first ninety work days after reporting to work in the unclassified position or 365 calendar days should the employee be laid off from the unclassified position. Rule IX-Probationary Period (page 49) Revisions to the Rule are mostly editorial in nature. Rule X-Disciplinary Action The contents were revised and the sequence in which they appear changed. First there is a description of the grounds for disciplinary action, and then the types of action are described in ascending order of severity. Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 6 October 16, 2013 • Section 2 -Grounds for Disciplinary Action (page 55) - A number of reasons that may lead to disciplinary action were added. • Section 3 -Reduction in Pay (page 60) -Refines the procedure by which an appointing authority may reduce an employee's pay and recognizes the right of non- bargaining unit, classified service employees to appeal the reduction to the Personnel Board. • Section 4 -Demotions (page 61) -Recognizes the right of non-bargaining unit, classified service employees to appeal demotions to the Personnel Board. • Section 5 -Suspensions (page 63) -Adds the requirement that the Human Resources Director determine that the indictment or information of charges are job related or create a potential conflict. Rule XI -Transfers, Assignments and Promotions (page 66) Revisions to this Rule are mostly editorial in nature, re-written to reflect actual practices. Rule XII -Resignations and Layoffs • Section 1 -Resignations (page 70) -Adds the provision that employees who resign in lieu of termination are subject to disqualification from re-employment. • Section 2 -Layoffs (page 70) -Consistent with current practices, expands factors to be considered in determining layoff order; adds the requirement that to be placed on a re-employment list, the laid off employee cannot accept a leave settlement upon lay off; adds factors to be considered when determining the order of recall. Rule XIII-Appeals for Disciplinary Action • Section 1 -Rights of Regular Emolovees (page 74) -Consistent with legal requirements, requires that written notice be provided to the employee and deletes the provision that written notice can be given 30 days after the action; adds "pending investigation for disciplinary action" as a reason to relieve employee from duty; deletes the extension of up to 60 days before written notice has to be given to the employee, which is presumably after the disciplinary action is taken. • Section 2 -Request for Appeals Hearing (page 75) -Specifies the time frame and procedure for a non-bargaining unit, regular, classified service employee to appeal any disciplinary action to the Personnel Board. • Section 3 -Appeals Hearing for Disciplinary Action by Regular Employees (page 75) -Details the procedures for scheduling the hearing, continuance of the hearing, Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 7 October 16, 2013 production of documents, the burden of proof, conduct of the hearing, submission of facts and conclusions of law, and ruling by the Personnel Board. • Section 4 -Failure of Parties to Appear (page 78) -Changes the requirement that the Personnel Board hear the evidence and render a decision if the employee does not appear and requires the appeal be denied; changes the consequences from default to continuance if the appointing authority fails to appear. Rule XIV-Attendance, Leave of Absence (page 80) Revisions to this Rule are mostly editorial in nature. Rule XV -Performance Evaluations • Section 2 -Evaluators (page 85) -There is a new provision under paragraph (d) that states that an employee whose most recent overall performance evaluation score was less than 50 shall be disqualified from promotional examinations until such time as the employee earns a score of 50 or above. • Section 3 -Requests for Appeals Hearing (page 85) -The subcommittee is recommending that only overall performance evaluation scores less than 50 be eligible for appeal. Currently, an employee may appeal a single rating that is less than 5. • Section 4 -Appeal Hearings from Performance Evaluations (page 85) -The appeal process is outlined in detail. Rule XVI -Special City Awards (page 91) The Rule was updated to reflect the current awards presented by the City to employees. Rule XVII-Employee Training (page 93) No significant changes, editorial in nature. Rule XVIII-Medical and Physical Standards (page 94) Editorial changes that make the Rule easier to understand and follow. Conclusion and Recommendations The Administration commends those who undertook this project and worked on these revisions for more than two years. While noting major improvements, such as the inclusion of a new section on ethics and conduct standards, the Administration recommends that modification be presented to the Personnel Board on two of the proposals. Committee of the Whole Proposed Changes to the Personnel Rules as Presented by the Subcommittee to the Personnel Board September 20, 2013 Page 8 October 16, 2013 1. The Administration does not support the concept of employees' losing their classified service rights for accepting an unclassified position. The Administration strongly believes that employees in this situation should not be entitled to self- demote to a position to which they have rights. Their ability to return voluntarily should be contingent upon agreement among the City Manager, appropriate Assistant City Manager, Department Director, Human Resources Director, and should be contingent upon a vacancy in the classification they seek. They should also retain the ability to return to the classified service, at any time, in the event of a layoff. 2. The Personnel Rules should not require the Human Resources Director to determine that an indictment or information of charges is job related or creates a potential conflict. City administrators should have the managerial discretion to look at each criminal case individually and evaluate every one on its own merits. The City should be able to pursue disciplinary action if the employee's behavior, that which led to the criminal charge, warrants such action. For example, if an employee is indicted for selling large amounts of cocaine, is identified in the media as a City of Miami Beach employee and his/her conduct brings reproach to the City, the behavior alone should warrant investigation and administrative action as appropriate. The job relatedness proposal is too restrictive and does not promote the City's best interests. If you have any questions or would like additional information, please do not hesitate to reach~~ me. J LM/KdfuSC-T c: Jose Smith, City Attorney Kathie G. Brooks, Assistant City Manager Sylvia Crespo-Tabak, Human Resources Director Attachment F:\HUMA\Sylvia\Committtee of the Whole-Personnel Rules.docx RULE I. Section RULE II. Section CITY OF MIAMI BEACH, FLORIDA PERSONNEL RULES Approved by the Personnel Board February 20, 1939 Adopted by the City Council March 8, 1939 AS AMENDED OCTOBER, 1998 AS AMENDED APRIL , 2001 AS AMENDED AUGUST, 2005 AS AMENDED GENERAL PROVISIONS 1. Purpose of Rules .......................................................................... 1 2. Positions Covered by Rules ....................................................... + 1 3. Prohibitions and Restrictions ..................................................... +3 4. Violation of Rules ...................................................................... J.4 5. Amendment and Revision of Rules ............................................ .4 6. Administrative Regulations .......................................... J.4 Z· Assistant PersonnelHuman Resources Director.. ....................... J.4 8. Definitions .................................................................................. ~5 9. Effective Date ofRules 6 THE CODE OF ETIDCS 1. Purpose ....................................................................................... 13 2. The Code ofEthics ..................................................................... 13 3 . Prohibition on Gifts .................................................................... 14 4. Standard of Conduct .................................................................. 15 5. Duty to Report ............................................................................ 15 6. Duty to Self Report .................................................................... 15 7. Fail ure to Report ........................................................................ 16 RULE III.POSITION THE CLASSIFICATION PLAN ;:;;.Se=c=ti=o=n __ -=-1 Purpose .................................................................. 17 2. Preparation of the Plan + 3. Class Specifications Interpreted + 4.2. Adoption and Amendment of the Plan .................................... 17 ~3 . Classification Specifications Interpreted ................................. 18 1_. Allocation of Positions to Classes Classification ....................... 18 6~. Maintenance ofthe Classification Plan .................................. 92 0 RULE IV. RUI.E Ill. THE COMPENSATION PLAN ::;;:.S.::..::ec:..:.ti::..::. o~n'------'1~. Purpose ..................................................................................... ()22 2. Preparation, Approval and Amendment of the Compensation Plan ................................................................ W 22 357704 3. Effect of the Plan W .................................................................. 22 4. Installation ofthe Compensation Plan 10 ~4. Administration of Compensation Plan ................................ W 23 RULE V. RlJLE IV •. CERTIFICATION OF PAYROLLS :=:.S.::..::ec::..:.ti::..;;:. o~n'----_.....;1::;.:.. Certification ............................................................................... 25 2. Refusal to Certify ................................................................... -1-:2.25 3. Illegal Appointment ............................................................... -1-:2.25 RULE VI.RlJLE V. APPLICl• ... TION APPLICATIONS AND EXA.MlNATION EXAMINATIONS Section l.Scope of Examinations ................................................ 26 b.. Notice ofEx aminations ................................................. 13 26 2~. Qualification Requirements of Applicants ........................... g 27 ~· Applications ......................................................................... -l-427 4~. Disqualification of Applicants ............................................. -l-428 ~·Promotional Examinations ................................................... -l-63Q 6. Scope of Examinations 16 7. Conduct ofNon-Competitive Examinations .......................... 16 3Q 8.8. Conduct ofExaminations ....................................................... 31 9. Rating ofExaminations .......................................................... -l-+32 910. Notice of Results ofExamination ...................................... -l-+32 -W.--11. Preservation of Work of Testees 18Applicants ................. 33 12.llrPostponement and Cancellation of +ests-Examinations .... 33 RULE VII. RlJLE VI. ELIGIBILITY LISTS Section 1. ~S~e@~tlltl. o~Bc=====lh. General Provisions ......................................................... 193 5 2. Re-Employment Lists ........................................................... ---2(}36 3. Promotional Lists 20 3. Transfer List. .............................................................................. 3 7 4. Original Entrance Lists .......................................................... U 3 7 5. Promotional Lists ....................................................................... 39 6. Certification of Eligible Lists .................................................... .40 61 . Restoration to List Lists ............................................. 40 RULE VIII. RlJLE VII. METHODS OF FILLING VACANCIES Sedion 1. ;;;;.S..;:;..ec=t=io=n=-------=1;.;.... Types of Appointments ............................................................. .42 2. Notice to PersonnelHuman Resources Director .................... 2442 357704 3. Certification ofEligibles ........................................................ 2442 4. Appointments ......................................................................... U44 S. Provisional Appointments 26 (;.~Emergency Appointments .................................................. U45 7. Re Appointment After Disability Retirement 27 ~·Substitute Appointments ...................................................... ~6 91. Appointment to Unclassified Service .................................... ;M 6 8. Contingent Appointment. .......................................................... .48 RULE IX. RULE VIII. PROBATIONARY PERIOD Section 1. Purpose ....................................................................................... 49 2. Disciplinary Action, Suspension, Rejection or Removal During Probationary Period ................................................ 28 49 2. Disciplinary A.ction and RemoYal During Probationary Period 29 3. Reports During the Probationary Period ................................ :294 9 4. Regular Appointment After Probationary Period .................. M)50 5. Probationary Period After Having Attained Regular Status .. ~52 6. Absences During Probationary Period ................................... ll53 7. Non-applicability of Part-time Service ............................. 54 RULE IX. RULE X. DISCIPLINARY ACTIONS Section 1. Purpose ....................................................................................... 55 2. Grounds for Disciplinary Action ............................................... 55 3. Reduction in Pay ........................................................................ 60 4. Demotions .................................................................................. 61 5. Suspensions ................................................................................ 63 6. Removals .................................................................................... 64 RULE XI. TRANSFERS, ASSIGNMENTS, PROMOTIONS, DEMOTIONS ~S=ec!:!!t~io~n!=::=~1. Transfers ................................................................. 66 2.2 . Out of Classification Assignments ..................................... ~67 3. Promotions ............................................................................ -J-6 68 RULE XII.4. Demotions 36 S. Reduction in Salary 37 RULE X. SEPAIU,.TIONS 1. Suspensions 2. Removals 39 357704 RESIGNATIONS AND LAYOFFS ;:;;.S.=.;ec:;.;:t~io;;..:n=------=-1. Resignations .......................................................................... ~70 4. LayOffs 43 2. Layoffs ....................................................................................... 70 RULE XITI. APPEALS FROM DISCIPLINARY ACTIONS RULE XI. !!!fS~ec~t~io~n!!:======!!l:!:. Rights of Regular Employees ................................................ #74 2. Request for Appeals Hearing ................................................. #75 3. Appeals Hearing for Disciplinary Hearings 4 6Action by Regular Employees .................................................................................. 40 4. Failure of Parties to Appear ................................................... 4878 5. Resignation Before Hearing ................................................... 4878 6. Compensation When l\:ppeal is Sustained 4 8An Employee Prevails ........................................................................................................ 78 7. Participation in Examinations When An Employee Prevails .... 79 l.ppeal is Sustained 4 8 RULE XIV. ATTENDANCE, LKA_.VES, ABSENCESLEAVE, AND ABSENCE RULE XII. ~s~@@ettiMiOHBt======ll=.= •. Attendance ............................................................................. 4 3 80 2. Reports of Absence ................................................................ 4980 3. Medical Examinations Following Absence ........................... ~81 4. Leave Without Compensation ............................................... ~81 RULE XIII. RULE XV. PERFORMANCE EVALUATIONS Section 1.1. Origin, Definitions and Purpose ............................................. 83 2. Evaluators .............................................................................. ~84 3. Request for Appeals Hearing ..................................................... 85 4.4. Appeals Hearing from Performance Evaluation Report ....... 85 &-5. Performance Evaluation ......................................................... 88 RULE XVI. SPECIAL CITY A WARDS Section 1. Purpose ....................................................................................... 91 b_Special Q!y_Awards .............................................................. ~91 3. Employee of the Year Award .................................................... 92 4. Nominations and Selections ....................................................... 92 357704 RULE XVII. EMPLOYEE TRAINING RULE XIV. Section 1. Adjustment of New Employees andEmployee Training 56 93 2. In-Service Training ................................................................ ~93 3. Other Training ........................................................................ ~93 RULE XV. LEAVES FOR NATIONAL El\4ERGENCY PURPOSES 57 Sedion 1. Provisional Employees 58 2. Persons on Eligible Lists 58 3. Probationary Employees 58 4. Regular Employees 59 S. War Casualties 60 RULE XJ.q. RULE XVIII. MEDICAL AND PHYSICAL STANDARDS Section 1. Applicants for Employment.. ................................................. ~94 2. Employees .............................................................................. 6+94 357704 1 2 RULE I. ----GENERAL PROVISIONS 3 SECTION 1: PURPOSE OF RULES: These Rules are adopted in pur~;uance ol):?Ursuant to 4 Section 2 and Section 6 of AN ACT CREATING A CIVIL SERVICE SYSTEM FOR 5 CERTAIN OFFICERS AND EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA, 6 for the furtherance of personnel activities and transactions on the sole basis of merit and 7 competence tein the best interests of the City and without regard to personal , political, rdigious. 8 af*ior other extraneous matters.-These Rules provide specific Regulations on daily personnel 9 matters . These Rules will govern in resolving personnel problems. but cannot be so precise or 10 complete as to address every employment situation. 11 SECTION 2: POSITIONS COVERED BY RULES: These Rules apply to all 12 positionsPositions in the Classified Service of the City, except as herein otherwise ootetistated, 13 provided, however, a provision herein, will not apply to a Po ition covered by a collective 14 bargaining agreement if the provision herein is in conflict with the expressed written provisions 15 of the collective bargaining agreement covering that Position. 16 17 SECTION 3: PROHIBITIONS AND RESTRICTIONS: The following _,_ and such other acts 18 or activities as are determined to be detrimental to the best service to the City., and as shall be so 19 specified in Administrative Regulations ., shall be prohibited :-~ 20 w 21 DISCRIMINATION: No person in the Classified Service of the City or seeking admission 22 thereto shall be appointed , promoted, removed, or in any way favored or discriminated against 23 because of his /her political or religious opinions or affiliations or because of racial. race, color, 24 national origin, se)\. non disabling physical handicap gender, gender identity , sexual orientation, 25 marital and familial status, religion or age. a disability where the individual can perform the 26 essential functions of the job with or without reasonable accommodation, or other non-merit 27 factors. No question in any examination, in any application form , in an) other personnel 28 proceedings, or e+'Qy any Appointing OfficerAuthority or supervising oflicial supervisor shall be 29 so framed as to attempt to elicit information concerning such opinion~;. affiliations. or origin of 30 an applicant, eligible or employee. Page 11 31 32 33 34 35 36 37 38 39 w 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (a) l any of the above . Any person seeking admission to the Classified Service or any employee in the Classified Service, regardless of employment status, who believes that he or she has been discriminated against in violation of this Section, shall have a right to report such violation to the Personnel Board within ten (10) days after such act of the discrimination occurred. The Personnel Board shall promptly conduct such investigation as it may deem advisable relative to such alleged act of di~;crimination and. at the conclusion of such investigation. the Personnel Board shall direct adminislratiYe action consistent with its findings.Human Resources Director or the City Manager. (b) POLITICAL ACTIVITY: No person who holds a posi!ion Position m the Classified Service of the City shall: J. use his/her 1. Use official authority or influence for the purpose of interfering with an election, er--a nomination 64-to office, er--coercing or influencing another person's vote , or affecting the result thereof; or 2. directly 2. Directly or indirectly coerce or attempt to coerce, command or advise any other officer or employee to pay , lend , or contribute any part of his/her salttfywage , kick back any sum of money, or anything else of value to any party, committee , organization, agency_,_ or person for political purposes-;--ef-.:. 3. nothing 3 . Nothing contained in this Section Subsection shall be deemed to prohibit any person in the Classified Service from expressing his/her opinions on any candidate or issue, or from participating in any political campaign during his /herwhile off-duty--fle.urs_,_ so long as such activities are not in conflict with the provisions of subsections ( 1 t:---P-t} or (J. I) of this Sectionsubsection or Rule II, The Code of Ethics herein . fej (c) ABUSE OF INFLUENCE: No person shall corruptly use or promise to use or endeavor to con·uptly use or obtain, either directly or indirectly, any authority or influence in order to secure or aid oneself or any other person in securing fuf Page 12 62 63 64 65 66 67 68 fdj 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 himsellfherself or another. any office--er_,_ employment in the Classified Service, or any promotion. Promotion or increase in compensation therein as a reward for political such influence or service; nor . No person shall any person. by means or threats or coercionthreaten or coerce, induce or seek to induce anyone in the Classified ~ervice to resign his/her positionfrom a Position or waive his/her~ right to certification, appointment or promotion . Certification, Appointment or Promotion. (d) h EMPLOYMENT RESTRICTIONS: 1. No person who holds a positionPosition in the Classified Service of the City shall engage in any other employment or pursue any other gainful occupation than that involved in his/her employment with the City xcept as such other work shall be formally approved in advance. in writing by the Appointing Officer under whom he/she servesAuthority and by-the City Manager. Any person may be appointed to more than one part time position in the service of the City provided that the working hours and do not contlict. b-Ne 2. Subject to written approval from the City Manager or a designee, any person may be appointed to more than one memberpart-time Position in the service of the same fan1ily 'n ho are living together as City provided that the work hours do not conflict and the total does not exceed twenty nine (29) hours in any week, provided further however, that the Human Resow-ces Director may approve hours in excess of twenty nine (29) on a weekly basis. 3. Individuals, who reside in the same residence, are related by blood, 87 matTiage or other legal action, who live in a domestic partnership, or otherwise 88 comprise a family unit shall not hold Regular statusany positions in the same 89 DiYisiondivision within the same Departmentdepartment where one evaluates or 90 supervises the other. 91 (Amended 8/1 8 /89) 92 3. Any Page 13 93 4. Unless the employee resigned prior to becoming a candidate, an employee 94 in the Classified Service who is elected to afl:Y-public -office in the City of Miami 95 Beach or as an elected otTicer in Metro Miami-Dade County shall be 96 automatically removed . and unless he /she shall haYe properly resigned prior to 97 becoming a candidate. he /she and shall forfeit all Civil Service rights. 98 99 SECTION 4: .VIOLATION OF RULES: Violations Violation of or permitting the violation of 100 any of the provisions of these Rules shall be adequate grounds just cause for removaL or refusal 101 of the Personnel Director to certify a payment of salary or v.-ages to a person violating or 102 pem1iHing violations ofdiscipline , including Removal. Any person fotmd to have violated these 103 Rules , and in addition, thereto. an) person \'iolating these Rules also shall be subject to the 104 penalties prescribed in the Civil Service Act, if applicable, for '> iolations violation of any of the 105 provisions of the Act. Employees who know of violations and fail to report them are sub ject to 106 the same aforementioned penalties . 107 108 SECTION 5: AMENDMENT AND REVISION AMENDMENTS OF RULES: Amendments 109 and revisions of these Rules shall be initiated by the Persom1el Human Resources Director and/or 110 the Personnel Board and such amendments. Amendments shall be adopted according to the 111 procedure established by the Civil Service Act. The City Manager and Employee Members of 112 the Personnel Board shall have no less than thirty (30) days to review any proposed amendments 113 of these Rules before the proposed amendments are submitted for vote to the Personnel Board 114 for its approval. 115 SECTION 6: ADMINISTRATIVE REGULATIONS: _The PersonnelHuman Resources 116 Director shall promulgate, amend and rescind may recommend any amendment, revision, or 117 rescission to the Administrative Regulations for the routine or special conduct of personnel 118 matters, v.-hich as deemed appropriate . The Administrative Regulations shall not conflict with the 119 Civil Service Act or these Rules. 120 121 SECTION 7: ASSISTANT PERSONNELHUMAN RESOURCES DIRECTOR: The 122 Personne lHuman Resources Director may designate an officer or employee to act as his /her Page 14 123 assistant. in \\hich event the as Assistant Personnel Director, who shall be empowered to perform 124 such ef-the-duties e.fas the Personnel Human Resources Director as the latter may require. 125 SECTION 8: DEFINITIONS: For the purpose of these Rules , certain terms , phrases , and 126 words and their derivatives shall be construed as set outdefined in this Section. Gtbef Any terms , 127 phrases, and words not herein defined shall be construed tnb.y the light of their context Personnel 128 Board . Words used in the singular shall include the plural, and the singular. and vice versa; words 129 used in the masculine gender shall include the feminine, and the feminine the masculine vice 130 versa. Whenever a Paragraph, Section-, or Rule is referred to , it shall be understood to refer to a 131 Paragraph, Section or Rule of these Rules unless otherv;ise specifically stated otherwise . 132 133 134 135 136 137 (a) fat-ADMINISTRATIVE REGULATIONS: '"Administrative Regulations " means the City 's Policies and Procedures and Work Rules. (b) ADVANCEMENT: ~Advancement_: means a salary or wage increase within an arranged schedule or established scale of pay range for a class of positions Classification made without an examination. (c) fbt-APPOINTING OFFICER: AUTHORITY: "Appointing OfficerAuthority" 138 means the officer or person in a Department department or ~unit of the City Government 139 who is empowered to make employments. The words "Appointing Officer" and 140 "Appointing Authority" shall be construed as synonymous tem1s.employment decisions. 141 (e) APPOINTMENTS: 142 143 144 145 146 147 148 149 (d) .J-.APPOINTMENT: "Appointment'' means placement to a Classified Position, including hiring, Demotion, Promotion or Transfer. 1. EMERGENCY: Signifies"Emergency Appointment" means the appointment, in easescase of an emergency for periods not exceeding thirty (30) d-ay-s;-without regard to Civil Service procedures , for a period not to exceed thirty (30) days . 2. 2. PROVISIONAL: SignitiesTEMPORARY: ··Temporary Appointment'' means the appointment to any Classified positionPosition without Page IS 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 competition. but Open Competitive Examination. with the approval of the Personnei Human Resources Director, pending the establishment of an eligible lttit Eligible List or during the approved absence of a Regular employee7 for a period not to exceed one ( l) year. =-3•:...,..__~PROBATIONARY: Signifies"Probationary Appointment'" means the appointment from an appropriate eligible listEligible List to a&y~ Classified position. pending the satisfactoryPosition until completion of the Probationary period and includes all persons employed at the effective date of the Civil Service Act and all amendments as hereinafter referreddesignated Probationary Period . 4. 4.--REGULAR: Signifies ''Regular Appointment" means the appointment Appointment to a fulltime position after the satisfactory completion of tlte Probationar) period follov.ing a Probationary Period . 5. RE-APPOINTMENT: "Re-Appointment" means the same as and is interchangeable with re-employment. 6. SUBSTITUTE: "Substitute Appointment" means the appointment or 165 promotionto any Classified Position where an employee is on a leave of absence 166 and immediate!) preceding a Regular appointment. and includes all persons 167 employed at in._the effective dateopinion of the Civil Ser1ice ActHuman 168 Resources Director it is impractical to utilize Temporary Appointment. 169 (e) ASSIGNMENT: "Assignment" means the same as and is interchangeable with 170 'Out of Classification" and all amendments as hereinafter referred .both mean the transfer 171 of an employee for a temporary period of no more than three (3) months in any twelve 172 (12) month period from a Position in one Classification to a Position in another 173 Classification provided. however, the time may be extended with written approval of the 174 City Manager. 175 5. TRANSITIONAL: Signifies a Classified position sufficiently similar in duties and 176 responsibilities that the same descriptive title may apply to a I ike classification with the same 177 salary range. but which shall be maintained as a separate Transitional classification so that the Page 16 178 Transitional employee '>viii ha'>'e the opportunity for transfer or promotion to a Regular position 179 in the City 's work force in the Classified £en·ice. 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 (0 fdt-BUSINESS DAYS: "Business Days'' means Monday, Tuesday, Wednesday, Thursday and Friday and does not include Saturday or Sunday. (g) CALENDAR DAYS: "Calendar Days" means seven (7) days of the week, including Saturday and Sunday. (h) CERTIFIED: ·'Certified " indicates the Human Resources Director's assurance that the process or processes set forth herein have been followed. (i) CHARGES: "Charges " mean allegations or counts of misconduct or violation of these or any other applicable rules, regulations, policies, or procedures. (j) CIVIL SERVICE ACT: As employed in these Rules, the term ~Civil Service AcC refers to "AN ACT CREATING A CIVIL SERVICE SYSTEM F:OR CERTAIN OFFICERS AND EMPLOYEES OF THE CITY OF MIAMI BEACH, FLORIDA." (k) te)-CLASSIFICATION: Refers to a group of positions sufficiently '·Classification" means one or more Positions suffi-ciently similar in duties and responsibilities such that the same descriptive title may be reasonably applied to each position, the same qualifications reasonably required and the same salary range equitably applied v.ith equity . .:. .l.:(IL) __ fit-CLASSIFIED SERVICE: This term applies to "Classified Service" means all positionsClassifications in the serviceService of the City except those specifically placed in the Unclassified Service unclassified service by the Civil Service Act. (m) fg}-CRIMINAL OFFENSE: "Criminal Offense" means violation of public law. whether a misdemeanor or a felony. (o) COMPENSATION PLAN: "Compensation Plan'' means the Classified Salary Ordinance as established by the Citv Commission. Page 17 203 (o) DEMOTION: ~Demotion: means a reduction in employment status to a class 204 having from a higher Classification to a lower Classification with a lower maximum rate 205 ofpay. 206 (h) ELIGIBLE : Eligible means the condition of being qualified. or a person 'Aho has become 207 qualified by examination, prior service or otherwise in accordance '•" ith the pro'. is ions of the 208 Civil Service Act or these Rules to sef\ e in a Classified position in the service of the City . 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 (p) (g) fit-ELIGIBLE: "Eligible" means deemed qualified for Appointment. ELIGIBLE LISTS: Eligible lists refer to lists ·'Eligible List(s)" means the san1e as and is inter-changeable with '·List of Eligibles·' and both mean the list(s) of persons who have become qualified for appointment to the Classified Sef\·ice of the City in any of the ways established by law or rules are deemed qualified for becoming so qualitied Appointment to a Classification . .;:;,.1.:.....__-h--Original Entrance Lists: Means the lists of names ·'Original Entrance Lists" means the list(s) of persons who have been successful in entrance examinations or who are otherwise Eligible for consideration for employment in Classified Positions. 2. Promotional Lists: "Promotional Lists·' means the list(s) of persons who have been successful in open competitive promotional ex aminations administered to Regular employees in an appropriate lower Classification and who are otherwise Eligible for appointment to higher Classifications. 3. Transfer Lists: ''Transfer Lists·' means the list(s) of persons who have 224 expressed in writing the desire to transfer to a particular Position and who have 225 occupied another Position in such Classification as Regular employee or who the 226 Human Resources Director has determined are otherwise qualified . Probationary 227 employees are not eligible for emplo)ment in Classified positions .to request a 228 Transfer. 229 2. PFemetienal Lists: Means the lists of names of emplo)ees who ha'le been successful m 230 promotional examinations and are eligible for appointment to higher positions . Page IS 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 ....:..;4·=---_J.Re-Employment Lists: Means "Re-Employment Lists'' means the lists of names list(s) of persons who have been previous!) laid off while employed in the service Service of the City in a classified Position and whose Leave Settlement remains with the City in Classified positions and who have been separated from the service in good standingfor one year pending re-employment, and are entitled to have their fl-affle5 name certified to an Appointing OfficersAuthority . (r) (j) L1\Y OFF: Means the EVALUATOR: "Evaluator" means the Appointing Authority and /or any designated supervisory employee. (s) GIFT: "Gift " means the transfer of anything of economic value, whether in the form of money, service, loan, travel, entertainment, hospitality, item or promise or in any other form, without adequate and lawful consideration. Food and beverages consumed at a single sitting or meal shall be considered a single gift, and the value of the food and beverage provided at that sitting or meal shall be considered the value of the gift. (t) HUMAN RESOURCES: "Human Resources " means the same as and is interchangeable with the term "Personnel "; "Human Resources Director" means the same as and is interchangeable with the term "Personnel Director.'' (u) JOB DESCRIPTION: ''Job Description" means the job function and duties of a particular Position or budgeted slot within a Classification, in addition to the Specifications or Qualifications for that Classification. (v) LAYOFF: "Layoff means temporary or indefinite or temporary discontinuance cessation of employment because of lack of work or funds or because~ lack of material funding , changes in job duties or changes in organization , but v.-ithout reference to cause on the part of the employees concerned . fk) (w) LEAVE SETTLEMENT: "Leave Settlement" means any earned and unused balance of annual vacation leave and sick leave, deducting therefrom any credit granted Page 19 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 in 1939 when Civil Service was adopted. pmsuant to the City's Leave Ordinance. for the Classified Service. Ordinance No. 1335 . (x) OPEN COMPETITIVE EXAMINATION: "Open Competitive Examination " means oral, written or physical examination after published notice. open to all who meet the minimum Specifications . (y) OUT OF CLASSIFICATION: "Out of Classification" means the same as and is interchangeable with ''Assignment" and both mean the transfer of an employee for a temporary period of no more than three (3) months in any twelve (12) month period from a Position in one Classification to a Position in another Classification provided, however, the time may be extended with written approval from the City Manager. (z) POSITION: ''Position" means the number of persons or budgeted slots for a Classification . (aa) PROBATIONARY PERIOD: Means a working tesl''Probationary Period" means the evaluation period following a Probationary appointment or promotion and immediately preceding a Regular appointment or promotion in the an Appointment. (bb) PROMOTION: "Promotion" means. appointment from a Position in a lower Classification to a Position in a higher an increase in employment status Classification with a higher maximum rate of pay . (cc) QUALIFIED: "Qualified" means meeting minimum required Specifications. (dd) REJECTION: ·'Rejection " means the non-acceptance of an employee during an original, promotional, re-employment or Probationary Period. because of failme to satisfactorily complete the Probationary Period. failure to satisfy the Schedule of Specifications, failure to satisfy the performance expectations of the Appointing Authority, and/or failure to comply with these Rules. Page 110 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 (ee) REMOVAL OR TERMINATION: "Termination" means the same as and is interchangeable with '·Removal '" and both mean involuntary cessation of employment for cause. ffO REQUIREMENTS: "Requirements" means the same as and is interchangeable with ·'Schedule of Specifications ." (gg) SCHEDULE OF PAY: "Schedule of Pay" means the same as and IS inter- changeable with the term "Compensation Plan .'· (hh) SCHEDULE OF SPECIFICATIONS: "Schedule of Specifications" means the same as and is interchangeable with "Requirements" or "Specifications ." (ii) SERVICE: "Service'' means the san1e as and is interchangeable with "Classified 307 Service7 ~ 308 (I) PROMOTION: Means a change of statu s in accordance '•'>ith these Rules from a position in a 309 lo\Ner class to a position in a higher class. 310 (m) REJECTION: Means the removal of an employee after a Probationarj appointment or 311 promotion. during or at the enJ of the Probationary period . hecaw;e of failure to satisfy the 312 requirements of the Appointing Officer or of these Rules. 313 (n) REMOVAL: Means the separation of a Regular employee from the Classified Service ofthe 314 City for cause. 00> 316 317 318 319 320 321 (jj) SEPARATION: "Separation" means (1) the voluntary cessation of employment. including. but not limited to resignation. or (2) the involuntary cessation of employment, including. but not limited to Layoff. Removal, or tem1ination, regardless of whether such cessation is initiated by the employer or the employee and, (3) with or without cause attributable to the employee. Pa ge 111 322 (kk) SPECIFICATIONS: Means the Schedule of _::specifications in v•hich are set up 323 the minimum requirements as to " means the knowledge. skill. abilities. physical 324 conditions, experience , education , training and other prerequisites. together ',vith 325 statements. duties. examination. licensing , testing. responsibilities. title. description of 326 duties and any other ffilt]-requirements in the Service plan. 327 (fl) SUSPENSIONS: Means the 328 (ll) SUSPENSION: "Suspension" means temporary removal from duty in the 329 Classified Service without compensation compen-sation for disciplinary purposes--B-f 330 discipline . 331 SECTION 9: EFFECTIVE DATE OF RULES: These Rules and any amendments thereto 332 shall not be approved by the Personnel Board until thirt)· (30) da)S after being presented to the 333 City Manager and employee representatives of the Personnel Board. 334 335 336 337 338 339 340 341 342 343 344 345 346 347 (mm) TRANSFER: "Transfer" means the change from one Position or Classification to another Position or Classification (a) Classification Transfer: ''Classification Transfer" means the transfer of an employee from a Position in one Class ification to a Position in another Classification for which the employee is qualified and for which the same maximum rate of pay has been established. (b) Organizational Transfer: ''Organizational Transfer" means the transfer of an employee from a Position in one Classification to another Position in the same Classification under another Appointing Authority. (on) WORK DAYS: '·Work Days " mean the actual day(s) or shift(s) an individual is scheduled to work Page 112 0 0 0.. CD ::0 0 t: -.-mcn ...... -::r g· 1 2 RULE II. THE CODE OF ETHICS 3 SECTION 1: PURPOSE: City of Miami Beach employees are agents of the people and hold 4 their Positions for the benefit of the public. As public servants. they must abide by the 5 highest standard of conduct and faithfully discharge the duties of their Position. regardless of 6 personal considerations and interests. They must recognize that promoting the public interest 7 and maintaining the people's respect for their government is of foremost concern . All city 8 officials and employees shall be accountable and responsible for their actions, shall abide by 9 applicable codes of ethical conduct. and shall be subject to all penalties for violations thereof. 10 11 SECTION 2 : THE CODE OF ETHICS: All employees must comply with the Code of 12 Ethics Section 2 -449 of the Miami Beach Code incorporated herein by reference and attached 13 hereto as !E xhibit A and the Florida Code of Conduct for City Officers incorporated herein by 14 reference and attached hereto as !E xh i bit B. Employees must also: 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 a) b) c) d) e) f) g) h) i) j) k) Affirm the dignity and worth of the services rendered; Maintain a constructive, creative. and practical attitude and a deep sense of social responsibility as a trusted public servant; Be dedicated to the highest principles of honesty and integrity in all public and personal relationships so that the employee may merit the respect and confidence of the public; Conduct oneself so as to eam and maintain public confidence; Conduct official and personal affairs so as to demonstrate that one cannot be improperly influenced in the performance of duties; Recognize that the purpose of employment is to serve the best interests of all people; Uphold and implement policies adopted; Exercise discretion in political activities so as not to undermine public confidence; Continually improve professional skills and abilities; Encow-age conmmnication between the public and the employee; Emphasize friendly and courteous service to the public; Page 113 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 I) m) n) o) p) q) r) s) Seek to improve the quality and image of public service; Resist any encroachment on professional responsibilities; Carry out duties without interference; Perfom1 duties on the basis of principle and justice without prejudice; Handle all personnel matters on the basis of merit, fairness and impartiality; Seek no favor; Avoid personal enrichment or profit secured by information, abuse of influence or misuse of public time because it is dishonest; and Accept no favor or service that might reasonably tend to influence the employee improperly in the performance of the employee's duties . SECTION 3: PROHIBITION ON GIFTS: (a) No emplovee of the City of Miami Beach shall solicit or demand any gift, nor accept or agree to accept any gift regardless of its value from another person or entity for: 1. An official action taken, to be taken, or which could be taken; 2. A legal duty perfmmed, to be performed, or which could be performed; 3. A legal duty violated, to be violated, or which could be violated; or 4. Any travel or travel-related expenses from a City vendor, contractor, bidder or proposer (unless waived by majority vote of the City Commission); 5. Additionally. employees who are required to file Gift Disclosure forms with the State of Florida or the Citv of Miami Beach (see Exh ibit attached hereto) are further prohibited from receiving or soliciting where there is personal benefit to themselves, other similarly-ranked employees or immediate family, any gift or series of gifts during a calendar quarter in excess of $100 from a political committee or Page 114 64 65 66 67 68 69 70 71 individual (including partner. principal, etc.) who lobbies the City of Miami Beach. (b) All employees shall disclose any gift or series of gifts, received during a single calendar quarter from any one person or entity, having a value of one hw1dred dollars ($100) or more. Said disclosure shall be made by filing the appropriate fom1 as described in attached Exhibit C. Fom1s are available on the City's Employee Intranet tmder the City Clerk's section of Forms Central , or by visiting the Office of the City Clerk, 151 Floor of City Hall. 72 SECTION 4: STANDARD OF CONDUCT: Every employee must abide by and uphold the 73 Citizen's Bill of Rights, Miami Beach. Florida, Code of Ordinance, Part 1, Subpat1 A incorporated by 74 reference herein and attached hereto as Exhibit . The public's confidence and trust in the City's 75 operations and government demands the most exacting ethical standards and the strictest adherence 76 to the Code ofEthics. 77 SECTION 5: DUTY TO REPORT: An employee with knowledge or information about any 78 actual or potential violation of law or ethics shall immediately report such knowledge or 79 information to the Appointing Authority, the Hwnan Resources Director or the City Manager. 80 81 SECTION 6: DUTY TO SELF REPORT: 82 83 84 85 86 87 88 89 90 91 92 93 (a) Employees arrested, detained and issued a Notice to Appear, or charged with or indicted for a criminal offense (felony or misdemeanor), including driving under the influence (DUl) and/or other criminal traffic offenses, shall provide written notification to the Human Resources Director using the Notification of Employee Arrest which is attached hereto as Exhibit E, Indictment or Criminal Conviction Form (hereinafter referred to as ''the Form") within two (2) calendar days . If it is impossible for the employee to make a timely report due to hospitalization or incm·ceration related to the incident, the Form shall be completed as soon as possible, and in no event more than twenty-fow· (24) hours after the employee's release. The Human Resources Director shall advise the City Manager of the employee's arrest detainment, and issuance of a Notice to Appear, charge or indictment of a criminal offense. Page 115 94 (b) Employees shall report to the Human Resources Director, in writing, using the 95 attached Form, any conviction, finding of guilt, withhold of adjudication, enrollment in a 96 pretrial diversion program. or entering of a plea of guilty or nolo contendere for any 97 criminal otfense other than minor traffic violation within forty-eight ( 48) hours after the 98 final judgment. The Human Resources Director shall advise the City Manager of the 99 employee 's conviction, finding of guilt, withhold of adjudication, enrollment in a pretrial 100 diversion program, or entering of a plea of guilty or nolo contendere for any criminal 101 offense. 102 SECTION 7: FAILURE TO REPORT: 103 104 105 106 107 108 109 110 111 112 113 114 (a) An employee who knows or should have known of any violation of Jaw or ethics and fails to report such knowledge or information may be subject to disciplinary up to and including Removal. (b) Supervisors who become aware of an employee who has been anested, detained, issued a Notice to Appear, charged. indicted, convicted, found guilty, given a withhold of adjudication, enrolled in a pretrial diversion program or entered a plea of guilty or nolo contendere for any criminal offense other than minor traffic violation, whether misdemeanor or a felony shall immediately notify the Human Resources Director. Failure to notify the Human Resources Director may lead to disciplinary up to and including Removal . Page 116 EXHIBIT A 9125/13 Munfcode Sec. 2-448. Restriction on employment and appointment of city commission relatives. (a) No relative of any member of the city commission may be appointed, employed, promoted or advanced in or to a position in the city if the city commission exercises jurisdiction or control over the appointment, employment, promotion or advancement. (b) Relative means an individual who is related to any member of the city commission as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-In-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. Sec. 2-449. Acceptance of gifts, favors, services. No officer or employee of the city shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties . Sec. 2-450. Disclosure of interest in/relationship with business entity. (a) (1) If a public officer or employee of the city directly or indirectly (via participation In any type of business entity) has or holds any employment or contractual relationship with any other business entity which the officer or employee kno\NS or with the exercise of reasonable care should know, is doing business with the city, and which relationship Is otherwise permissible under state and county ethics law, he/she shall file a sworn statement with the city clerk disclosing, (consistent with relevant privilege exemptions) the specific nature of employment and interest in such business entity as well as commencement date of the subject employment or contractual relationship and (if applicable) term of such relationship. The city clerk shall publish logs on a quarterly basis reflecting the disclosure forms referenced herein. (2) If a member of the city commission establishes a business relationship with any person or business entity within 12 months after a city commission vote, which vote the city commission member knows directly benefits that person or business entity, the subject member of the city commission shall disclose any such business relationship in writing to the city clerk within 15 days after the business relationship is established . (b) Definitions. Business entity means any corporation, partnership, limited partnership, proprietorship, firm, enterprise, franchis.e, association, self-employed Individual, or trust, whether fictitiously named or not. Business relationship, for purposes of subsection (a)(2) above, shall mean that a member of the city commission has a relationship with a person or business entity W'lerein: (1) The person/business entity is a customer of the member of the city commission (or of his/her employer) and transacts more than $10,000.00 of the business of the member of the city commission (or of his/her employer) in the 12-month period immed iately after the subject vote; or (2) The member of the city commission (or his/her employer) is a customer of the person/business entity and transacts more than $1 0, 000 .00 of the business of the person/business entity in the 12-month period immediately after the subject vote. library. municoda.comtprint.aspX?h=&cllentiD= 13097 &HTM Request=http%3a%2f%2ftlbrary.municode .com%21HTML %2f13097%2ftewl4%2fSPAGEOR_ CH2A ... Z/8 EXHIBIT C Form 9 QUARTERLY GIFT DISCLOSURE (GIFTS OVER $100) LAST NAME--FIRST NAME--MIDDLE NAME: NAME OF AGENCY: MAILING ADDRESS : OFFICE OR POSITION HELD: CITY: ZIP : COUNTY: FOR QUARTER ENDING (CHECK ONE): YEAR DMARCH OJUNE OSEPTEMBER 0 DECEMBER 20 - PART A-STATEMENT OF GIFTS Pleas e list below each gift , the value of which you believe to exceed $100, accepted by you during the calendar quarter for wh ich this statement Is being flied . You are required to describe the gift and state the monetary value of the gift, the name and address of the person making the gift, and the date(s) the gift was received. If any of these facts, other than the gift descrlptlon, are unknown or not appl icable, you should so state on the form . As explained more fully In the Instructions on the reverse side of the form, you are not required to disclose gifts from relatives or certain other gifts. You are not required to file this statement for any calendar quarter during which you did not receive a reportable gift, DATE DESCRIPTION MONETARY NAME OF PERSON ADDRESS OF PERSON RECEIVED OF GIFT VALUE MAKING THE GIFT MAKING THE GIFT J D CHECK HERE IF CONTINUED ON SEPARATE SHEET PART B-RECEIPT PROVIDED BY PERSON MAKING THE GIFT If any niceipt for a gift listed above was provided to you by the person making the gift, you are required to attach a copy of that receipt to this form. You may attac h an explanation of any differences between the Information disclosed on this form and the Information on the rece:pt. D CHECK HERE IF A RECEIPT IS ATIACHED TO THIS FORM PARTC-OATH I, the pe rson whose nama appears at the beginning of this form, do STATE OF FLORIDA COUNTY OF depose on oath or affirmation and say that the Information disclosed Sworn to (or affirmed) and subscribed before me this day of 20 herein and on any attachments made by me constitu tes a true accurate, by and Iota ! listing of ail gifts requ ired to be reported by Section 112.3148, Flo rida Statutes . (Signature of Notary Publlo-Stato of Florida) (Print, Type, or Stamp Commissioned Name of Notary Public) SIGNATURE OF REPORTING OFFICIAL Personally Known ___ OR Produced identlfloatlon Type of ldantfflcatlon Produced PART D-FILING INSTRUCTIONS This form, when du!y signed and notarized , must be flied with the Commission on Ethics , P.O. Drawer 15709, Tallahassee, Flurlda 32317-5709; physl· cal address : 3600 Maclay Blvd . South, Suite 201, Tallahassee , Florida 32312. The form must be flied no later than the last day of the calendar quarter that follows the calendar quarter for which thl$ form Is filed (For example, if a gift Is received In March, It should be disclosed by June 30 .) CE FORM 9-EFF. 112007 (See reverse side for lnstructlnns) rr EXHIBIT B 9/25/13 Untilled Document (22) "Represcnf' or ')·cprc sentation" means actual physical attendance on behulf of a client in an age11cy proceeding, the Wii ting ofletters or Jlli1g of documents on behalf of a clien t, und per.solllll communications maue with the officers ot· employees of any agency on behnlf of a client (23) "Sotu·ce" means the tmme , address, and description of the principal business activity of a person or business entity. (24) "Value of real property" means the most recently assessed value in lieu of a more cun-ent appraisal. History . s. 2, ch . 67-469; ss . 11, 12, ch. 68-35; s. 8, ch. 69-353; s. 2, ch. 74-177; s. 1, ch. 75-196; s. 1, ch . 75-199; s. 3, ch. 75-208; s. 4, ch. 76-18; s. l, ch. 77-174; s. 2, ch. 82-98 ; s. I, ch . 83-282; s. 2, ch. 90·502;s . 2,ch. 91-85;s . 3,ch . 91 -292;s . 699, ch . 95-147 ;s. I, ch. 96-328 ;s. I, ch . 2000-243 . 112.313 Standards of conduct for public offlccrs, employees of agencies, and local govctnment alto111cys.· (1) DEFINITION .-As used in this section, unless the context otherwise requ ires , the term "public officer" includes any person elected or appointed to hold office Jn any agency, including any person serving on an advisory body. (2) SOLICITATION OR ACCEPTANCE OF GJFTS .-No public officer, employee of an agency, local govemment attorney, or candidate for nomioation or election shall solicit or accept anything ofvnlue to the recipient, including a gift, loan, reward, promise offhtw'e ClllJloynX!nt, mvor, or service, based upon any understanding that the vote, official action, or judgment of the public officer, employee, local government attorney, or candidate would be iufluenced thereby. (3) DOING BUSINESS WI1H ONE'S AGENCY .-No employee of an agency acting in his or her olfJCial capacity as a purchasing agent, or pub tic officer acting in his or her official capacity, shall either directly or indirectlypm·chase, rent, or lease ·any realty, goods, or services for his or her own agency from any business entity ofwhich the officer or employee or the officer's or e~loyec's spouse or child is an o.ffict:r, partner, director, or proprietor or in which such officer or employee or tho officer's or employee's spouse or chl1d, or any combination of them, has a material interest. Nor shall a public officer or employee, acting in 11 private eupaeity, rent , leuse, or selllill)' realty, goods, or services to the office1's or employee's own agency, ifho or she ~a state officer or employee, or to any political subdivisJon or any agency thereof, ifbe or she is serving as an otlicer or employee of that political subdivision. The lbregoing shaU not apply to district offices maintained by legislntors when such offices Are located in lhe legislator's place ofbusiness or when such offices are on property wholly or partially owned by U1e legislator. TI1is sub~ection shaU not affect or be constmed to prohibit contracts entered into prior to: (a)Oetober 1, 1975. (b )Qualification for elective office . ( c )Appointment to public office. ( d)Beginning public employment (4) UN AUTHOlUZED COMPENSATION.-No public officer, employee of an agency, or local govemmcnt attorney or his or her spouse or minor child shal~ at any time, accept any compensation, payment, or thing of value when such public officer, employee, or local govemment attomey knows, or, with tho exercise of reiiSonable care, should know, that it WllS given to intlucncc a vote or other action in which the officer, ClllJloyee, or local government attorney was expected to pru'ticipate in his or her official capacity. (5) SALARY AND EXPBNSES.-No public officer shall be prohibited Ji·om voting on a matter affecting his or her salruy, expenses, or other con"ensation as a public o:fllcer, as provided by law. No local govemment atton1ey shall be prevented from considering any matter affi:cting hll or her sahu:y, expenses, o1· other cumpensulion as the local goverruncnt attomcy, as provided by law. (6) MISUSE OF PUBLIC POSITION .-No public officer, employee of an agency, or local government attorney shull com1ptlyuse or attempt to me his or her official position or 1111)' prope1·ty or resource which may be within his or her trust, or perfOrm his or her ofiicial duties, to sectU'e a special privilege, beneflt, or exen:ption for himself, herself, or others . l11is section shall not be construed to conflict with s. 104.3 t. (7) CONFLICTING EMPLOYMENT OR CONTRACTUAL RELATIONSHJP.· (n)N o public officer or employee of an agency shall have or hold any employment or contractual relationship with any business entity or any agency which is subject to the regulation of, or is doing business with, an agency of which he or she is an officer or employee:, excluding those organizations and their offiCers who, when acting in their official capacity, enter into or negotiate a collective bargaining contract with U1e state or nny municipality, county, or other political subdivision of the state; nor shall an officer Ot' employee of an agency have or hold any employment or contractual relationship that will create a continuing or frequently rccm1·ing conflict between his OJ' her pdvate interests and the per.fbml!mce ofhis or her public dtllies or that would impede tho fuU and fuilhful discharge ofhls or her public duties. I . When the agency re'furred to is .that certain kind of special tax district created by general or special law and is limited specifically to constn1cting, llJiintainlng. managing, and financing improvements in the land area over which the agency has jurlsdiction, or when the agency bas been organized pursuant to chapter 298, then employment with, or entering into a contractual relationship with, such h\1siness entity by n public officer or erq>loyeo of such agency shall not be prohi.lited by this subsection or be deemed a conflict per se. However, conduct by such officer or employee thut is pl'Ohibited by, or oU1erwise frustrates the iotent o~ this section shall be deemed a cotrllict of interest in violAtion of the standards of condt1ct sot forth by this section. 2. When the agency referred to is a legislntivo body and lhe regulrttory power over the business entity resides in another agency, or when the l'egulntory power which lhe legislative body exercises over the bu~incss eurity or ngency is strictly through. the eMctment oflnws or ordiuances, then emphyment or a contractunl rela tionship with such bt~~iness entity by a public officer or employee of a legislative body shall not be prohibited by this subsection Ol' be deemed a conflict (b )This subsection shall not prohibit u public officer or employee from pl'llcticing in a particular profession or ocetlpation woon such practice by persons holding such public office or employment is required or permitted by law or onllnunce . (8) DISCLOSURE OR USB OF CERTAIN JNFORMATION.-A current or former public officer, employee of an agency, or local govcmment attomcy may not disclose or use infonnation nol available to members ofthe general public and gained by reason of his or her official posilion, except Jhr infomlllt ion 1-elating WNN.ethlcs .state.fl .us/ethics/Chapter_112.html 5134 9/25113 Untitled Document exe~ively to govemmental practices, br his or her personal gain or bcnefrt ot' for the personal gain or benefit of any other person or business entity. (9) POSTEMPLOYMENT RESTRICTIONS; STANDARDS OF CONDUCT FOR lEGISLATORS AND LEGISLATIVE EMPLOYEES.- (a)l.It is the intent of the Lcgislatl.u-e to implement by stat\lte the provisions ofs. 8(e), Att II of the State Constitution relating to legislators, statewide elected officers, appointed state officers, fllld designated public employees . 2.As used in this paragraph: n. "Employee" means: (!)Any person employed in tho executive or legislative branch of government holding a position in the Senior Manngement Servi:e as defined ins. II 0.402 or any person holding a position in the Selected Exempt Service as defined ins. 110.602 or any person having auth01ity over polit.')' or procurement employed by the Depnrtnx:nt of the Lotlety. (II)The Auditor Genera~ the director oftl1e Office ofProgram Policy Analysis and Government Accountability, the Sergeant al Anns and Sect-e!aty of the Senate, and the Sergeant at Anns and Clerk of Ute House of Representatives. (III)The executive director of the Legislative Committee on lntergovemmental Relations and the executive director and deputy executive director of the Cotllllission on Ethics. (IV)An executive director, staff director, or deputy staff director of each joint committee, standing committee, or select committee ofthe Legislahtrc; an executive director, stalfdh·ector, executive assistant, analyst, or attomey ofthe Office of the President of the Senate, the Office of the Speaker of the House of Representatives, the Senate Majority Party Office, Senate Minority Party Office, House Majority Party Office, or House Minority Party Office; or MY person, hired on a contractual basis, having tho power nonnally conferred upon such persons, by whatever title. (V)The Chancellor and Vice Chancellon; ofthe State University System; the general colliiSel to the Board of Governors of tho State University System; and the president, provost, vloe presidents, an<l deans of each state university. (Vl)Any peJ'Son, including an other-persona~services employee, having the power nmmal!y conferred upon the positions rererenced in this sub-subparagraph. b. "Appointed state officer" means any member of an appointive board, commission, committee, council, or authority of the executive or legislative branch of state govenlnlCilt whose powers, jurisdiction, and authority are not solely advisory and include the final determination or adjudication of any personal or property rights, duties, or obligations, other than those relative to its internal opemtions. c. "State agency'' means an entity of the legislative, executive, or judicial branch of state government over which the Legislature exercises plenary budgetary and statutory control 3.No member of the Legislature, nppohltcd state officer, or statewide elected oflicer shall personally represent another person or entity fo1· compensation before 'the government body or agency of which the individual was an ofiiccr or nlember for a period of2 years following vacation of office. No member of the Legislature shall personally represent another person or entity for conyensation during his or her tc1m of office befOre any state agency other th!m judicial tribunals or in settlement negotiations after tlte filing of a lawsuit. 4.An agency employee, including an agency employee who was employed on July I, 2001, in 11 Career Service System position that was transren-ed to !he Selected Exempt Service System under chapter 200 1-43, Laws ofFlorida, may not personally represent another person or entity for compensation befure the agency with which he or she was employed fur a pcliod o f2 years following vacation of position, unless employed by Mother agency of state government. 5.Any person viohlting lhll paragraph shall be subject to the penalties provided ins. 112.317 and a civtlpenalty of an amount equal to the compensation which the person receives fur the prohibited conduct. 6.This paragrnpb is not applicable to: a.A person employed by the Legislature or other agency prior to July I, 1989; b. A person who was employed by the Legislature or other agency on July 1, 1989, whether or not the person was a defined employee on July I, 1989; c.A person who was a defined employee of the State University System or the Public Service Commission who held such employment on December 31, I 994; d.A person who has reached nonnal retirement age as defined ins. 121.021(29), and who bas retired under the provisions ofehapter 121 by July 1, 1991; or e.Any appointed state officer whose term of office began before January 1, 1995, \mless reappointed to that o:fllce on or after January I, 1995 . (b)Tn addition to the provisions of this pa1t which are applicable to legislators and legislative employees by virtue of their being public officers or employees, the conduct of members of tho Legislature and legislative employees shall be govemcd by the ethical standards provided in the respective rules oftlle Senate or Hou~e of Representatives which are not iu conflict herewith. (1 O)EMPLOYEES HOLDING OFFICE.· (n)No employee of a state agency or of a county, municipality, special taxing disbic~ or other political subdivision oftl10 state shall hold office as a nXlmbcr of the governing board, council, commission, or authority, by whatever name known, which .15 his or her employer while, at the same time, conthllling as an erqlloyeo of such emp Ioyer. (b )The provisions of this subsection shall not apply to any person holding office in violation ofm\Ch provisions on the effective date ofthis act However, suoh u. person shall surrender his or he r conflicting employnlent prior to seeking reelection or accepting reKppointnlent to oflice. (!!)PROFESSIONAL AND OCCUPATIONAL LICENSING BOARD MEMBERS.-No officer, director, or administrator ofn Florida state, CO\tnty, or regional professional or occupntional organization ot· association, wllile holding S\ICh position, shall be eligible to se1ve ns a nlembet· of a slate examining or licensing board for the profussion or occupation. (I 2)EXEMPTJON .-The requirements of subsections (3) and (7) as they pertain to persons serving on advisory boards ll'IIIY bo wnived in a purticulnr instance by the body which appo inted the person to the advisory board, upon a full disclosure oftl\C transaction or relationship to the appointing body prior to the waiver and an n:fllnnative vote in fuvor of waiver by two-thirds vote ofthnt body. In instances in which appointment to the advisory board is made by an indMdual, waiver tnay be effected, after public hearing, by a determination by the appointing person and full disclosure oftl\C transaction or relationship by the appointee to the appointing person . In addition, no person shall be held in violation of subsection (3) or subsection (7) if (a)Within a city or county the business is b'Bnsactcd under a rotation system whereby the business transactions aro rotated among all q\mlified suppliem ofthe goods or services within the city or county. (b)Thc business is awarded under R ~ystcmofscalcd, competitive bidding to the lowest or best biddel' nnd: I. The official or the o:fllcial's spou~e or child has in no way participated in the detcnnination of the bid specifications or the detennination of tho lowest or best .........w.ethlcs .state.ft .us/ethlcs/Chapter _112.html 6/34 9/25/13 Untitled Document bidder; 2.The otllcial OJ' the official's spo~e or child has in no way used or attempted to usc the offiCial's intlucnce to persuade the agency or any personnel thereof to enter such n contract other than by the mere submission oftl1e hid; and 3. The official, prior to or at the time of the submission of the bid, has filed a statement with the Commission on Ethics, if the official is a state ofliceJ' OJ' employee, or with the supervisor of elections of the county in which the agency has its principal office, if the official is an officer or employee of n political subdivi<>ion, disclosing the official's interest, or the interest of the officinl's spouse or child, and the nature ofthe intended business. ( c )TI1C purchase or sale Is for legal advertising in a newspaper, fur any utilities service, or fur passage on a comrron canier. ( d)An emergency purchase or contract which would othetwi~c violate a provision of subsection (3) or subsection (7) must be ronde in order to protect the heallh, safcty, Ol' wcltilre of the citizens of the state or any politicul subdivision thereof. (e)The business entity involved is the only source of supply within the political subdivision oflhe officer or employee and there is full dficlosw·e by the officer or employee ofhis or her interest in tl1e business entity to the governing body of !he political subdivi<lion prior to the purohnse, renta~ sale, leasing. or other business being transacted. ('f)Thc total amotmt of the tmrL'IacLions in the aggregate between the business entity and the agency does ool exceed $500 per calendar year. (g)TI1e fact Umt n CO\mly or JnlUlicipnl officer or member of a pub tic board or body, incllding a district school officer or an officer of any district within a coWJty, is a Htockholdes·, officer, or dil'ector of a bank will not bur o'UCh bank fi ·om qualifying as a depository of li.mds coming under the jurisdiction of any snch public board or body, provided ft appears in Lhe records oftl1e agency that the governing body of the agency has detennined that such ofliccr or member of a public board or body has not :fuvored such b~nk over other qtmlified banks. (h)The tra1181lction is made pursuant to s. 1004.22 or s. 1004.23 and is specifically approved by the president ancl the chair oftl1e university board oftm~tees. The chair of the university boanl oflnlStees shall submit to the Govomor and Uw Legislature by March 1 of each year a report of the transactions approved pursuant to thfs pamgraph durh1g the pt·eeedhlg year. (~11le public officer or employee purchaaes in a private capacity goods or services, at a price and upon terms available to similarly situated members of the general public, from a bush1ess entity which is doing business wltl1 hi<; or her agency. (j)TI10 public o:!Hcer or cn1ployce in a private capacity purchases goods or services from a business entity whk:h is subject to the regulation ofhll or her agency ami: 1. The price and tem1s of the transaction are available to similarly situated nx:mbcrs of the general public; and 2.Tile officer OJ' employee makes tiill disclosure of the relationship to the agency head or governing body prior to the transaction. (13)COUNTY AND MUNICJPAL ORDINANCES AND SPECIAL DISTRICT AND SCHOOL DISTRICT RESOLUTIONS REGULATING FORMER OFFICERS OR EMPLOYEES.· Tile governing body of any county or nruniclpality may adopt an ordinance and the governing body ofnny special district or school district may adopt a resolution providing !hal an appointed co\Ulty, municipa~ special district, or school district officer or a co\Ulty, municipal, special district, m· school district employee may not personally represent another person or entity for compensation before the govemment body or agency ofwhich the individual was an oilicer or employee for a period of2 years following vacation ofo:ffice or termination of employment, except for the pUlposes of collective bargaining. Nothing in thLq section may be consbucd to prohibit such ordinnnce or resolution. (14)LOBBYING BY FORMER LOCAL OFFICERS; PROHIBffiON.·A person who has been elected to any county, municipa~ special district, or school district office may not personally represent a110ther person or entity fur compensation befOre the government body or agency of which the person was an o:flicer fur a peliod of2 years after vacating that office. For purposes of this subsection: (u)The "govemment body or agency'' of a member of a hoard of county conunissione!ll consists of the conunission, the chief administrative officer or employee of U10 county, 1111d their Immediate support staff. (b )l11e "government body or agency" of any oU10r county elected officer is the office or depa1tment headed by that officer, including all subordinate employees . (c)Thc "govemment body or agency'' of an elected mmlicipal ofliccr consists of the goVCining body ofthe municipality, the chiefsdministrative offiCer or employee of the mtuJicipality, and their illlnediate support staff. (d)l11e "government body or agency" of an elected spwial district officer is the special district. ( e )TI1e "government body or agency'' of an elected school district o!I'lcer is the school disb.ict. (15)ADDITION AL EXEMPTION .-No elected public officer shall be held in violation of subsection (7) if tl1e officer maintains an eruploym;:nt relationship with an entity which is currently a tax-ex(,1npt organi:zatiou tmder s. 50 I (c) of the luternalRevenue Code and which contracts witl1 or otherwise enters into a business relationship with the officer's agency and: (a)The officer's employment is not directly or ~!directly compensated as a result of such contract or business relationship; (b )The officer has in no way participated in the agency's decision to contract or to enter into the business relationship with his or her employer, whether by participating in discussion at the meeting. by communicating with officers or employees of the agency, or otherwise; and (e)TI1e officer abstains from voting on any matter which may coroo before the ab>ency involving the olfJCer's employer, publicly states to the as~crnbly the nature of the officer's interest in the matter from which he or she is abstaining. and files a written rremorandum as provided in s. 112 .3143. (16)LOCAL GOVERNMENT A TI'ORNEYS.· (a)For the purposes of this section, ''local government atlomey''means any individual who routinely serves as U10 attorney fur a unit of local govornmmt. TI1e tcnn shall not include any person who renders Jegnl services to a Jmit oflocnl governnent pursuant to contract JJmited to a specific isSlJe or !>'llbjcct, to speciflc liligntion, or to a specific administrative proceeding . For the purposes oflhis section, "unit of local govemrrent" h!cludes, but is not limited to, mmicipnlities, counties, and special disn·icts. (b )It shall not constiMe a violation of subsection (3) or subsection (7) for a lUlit of local govemment to contract with a law nnn, operating as either a partnership or a professional association, or in any combination thereof, or with a local govcnunent altomey who~ a member of or is otherwise associated with the law finn, to provide any or all legal sesvices to the WJit oflocal government, so long as the local government attorney is not n fuR-time employee or member ofthe govc1ning body oftbc tuJit of local government. However, the standards of conduct as provided in subsections (2), (4), (5), (6), and (8) shall apply to any person who serves as a local govemment attorney. (c)No local government attomey or law finn ~1 which the local government attomey is a member, partner, or employee shnll represent a private individual or entity VMW.ethlcs.state.fl.uslethlcs/Chapter _112.htrnl 7/34 9125/13 Untitled Document before the tmit of local govemment to which the local govemment attomey provides legal services. A local govemment attomey whose contract with the unit of local govetnment docs not include provisions that authorize or mandate the use of the law fum oftht: local government attomey to complete legal se1vices fur the unit of local govenunent shall not recomtnend or otherwise rerer legal work to that attomey's law firm to be completed fur tlw unit oflocal govenunent. (17)BOARD OF GOVERNORS AND BOARDS OF TRUSTEES.-No citizen member ofthe Board of Governors of Ute State University Sy.!tem, nor any citizen member of a board oftiU~tees of a local cot1Stituent university, sbaJI ltave or hold any employment or contractual re!atilnsJrip as a legislative lobbyist rcquil'ing aruma! registlulion and reporting p\U'Suant to s. 11.045. Hlstory.-s. 3, ch . 67-469; s. 2, ch. 69-335; ss. 10, 35, ch. 69-106; s. 3, ch. 74-177; ss . 4, I l, ch. 75-208; s. 1, ch. 77-174; s. 1, ch. 77-349; s. 4, ch . 82-98; s. 2, cb. 83·26; s. 6, cb. 83-282; s. 14, oh . RS-80; s. 12, cb. 86-145; s. 1, cb . 88-358; s. 1, ch. 8!!-408; s. 3, cb . 90-502; s. 3, eh. 91-85; s. 4, ch. 91-292; s. I, ch . 92-35; s. 1, cb. 94-277; s. 1406, ch. 95-147; s. 3, ch . 96-311; s. 34, ch. 96·318; s. 41, ch. 99 -2; s. 29 , ch. 2001-266; s. 20 , ch. 2002-1; s. 894, ch. 2002- 387; s. 2, ch. 2005-2!!5; s. 2, ch. 2006-275 .; s. 10, ch.2007-217. 112.3135 Restriction on employment of relatives.- (l)hl this section. unless the context othe1wlsc requires: (a) ·~seney" moans: LA state agency, except an institution \utder the ju!'isdlotion of the Board of Governors of tile State University System; 2.An office, agency, or other cst.nbllshtnent ln the legislative branch; 3.An office, ngenc..')', or other establish1111lnt in the judicial branch; 4.A CO\U1ty; 5.Aoi1.y; ami 6.Any other politicul subdiviiion of~1e state, except a district school board or community collcgc district. (b) "Collegial body'' means a govenunentnl entily marked by power or authority vested equally in each of a IIUll'ber of colleagues . (c) ''P\lbllc official" means an officer, including a member oftl1e Legislature, the Governor, and a member of the Cabinet, or on enployee of an agency in whom is vested thu authority by law, rule, or regulation, or to whom tlw autholily has been delegated, to appoint, employ, promote, or advnnce individuals or to reconmend lndivid\IBis fur appointment, elt1)loymonl, promotion, or advancement in connection with employment in an agency, incbding the authority as a member of a collegial body to vote on tl1e appolu(lllent, etnployment, promotion, or advancement of individuals. (d) "Relative," fur purposes of this section only, with respect to a public officia~ means an individual who is related to the public official as futher, mother, son, daughter, brother, sister, \U1ole, 11\mt, flt•st cowln, nephew, niece, husband, wite, mther-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sistor- ln-law, step:futher, stepmother, stepson, stepdaughter, stepbrother, stepsister, halfbrotller, or half sister. (2)(a)A pubic official may not appolnt, etq)loy, promote, or advance, or advocate for appointment, en:ployment, promotion, or advancement, in or to a position in tho ngency in which the ofliclalls sctving or over which tllc official exercises jurisdiction or control any individual who is a relative of the public official An .individual mny not be appointed, etnployed, protrotcd, or advanced in ot· to n position in en agency if such appointment, employment, prormtion, or advancement has been advocated by a public ofilcia~ serving in or exercising jurisdiction or control over the agency, who is a relative of the individual or if such appointtnent, eJlllloyment, promotion, or advancement is made by a collegial body of which a relative of the individual is a member. However, this subsection shall not apply to appointments to bonrds other tlJan those with land·plannhtg or zoning responsibilities in those nJJilicipalities with less than 35,000 population. This subsecoon does not apply to persons serving in a volunteer capacity who provide emergency medica~ firefigbting. or police services . Such persons may receive, without losing their volunteer status, rci111bursements for the costs of any b·aining they get relating to the provision of volunteer e•nergency medica~ fircfighting, or police services and payment for any Incidental expenses relating to those se1vlces that they provide . (b )Mere approval of budgets shall not be sufficient to constitute ·~urisdiction or control" fur the purposes of this section . (3)An agency may prescnbe reg\Jlations authorizing the tell1Jorary employment, in the event of an ern:rgency as defined ins. 252.34(3), ofindividuals whose employment would be otherwise prohibited by this section. ( 4)Legisllltors' relatives may be etq)loyed as pages or messengers during legislative sessions. Hlstory .-ss. 1, 2, 3, ch. 69-341: ss. IS, 35, cb. 69-1 06; s. 70, ch. 72-221; s. 3, ch. 83-334; s. 1, ch. 89-67; s. 4, ch. 90-502; s. 2, ch. 94-277; s. 1407, ch. 95- 147; a. I, ch. 98-!60; s. 42, ch. 99-2; s. 11, ch. 2007-217. Note.-Formcrs. 116.111. 112.3136 Standard of conduct for officers and e~oyces of entitles serving as chief administrative officer ofpoUtlcal subdivisions.- The o tllcers, directors, and chief executive officer of a corporation, partnership, or other bwiness entity thal is serving as the chief administrative or executive officer or enlJioyec of a poYtical subdivision , and any bwioess entity employee who is acting as the chief administmtive or executive officer or e~loyee of the political subdivision, for the purposes ofthe following sections, are public officers and employees who are subject to the fOllowing standards of conduct ofthis part: (1) Section 112.313, and their "agency'' is the political subdivision that they serve; however, the contract under which the business entity serves as chief executive or administrative officer oftlw po litical subdivision is not deemed to violates. 112 .313(3) or (7). (2) Section 112.3145, as a "local ofiicer." (3) Sections 112.3148 aud 112.3149, as a ''reporting individual." Hlstory .-s.l, ch. 2009-126. 112.3143 Voting conllicts.- \MNIN.ethlcs.state.fl.us/ethlcs/Chapter _112 .html PART E-INSTRUCTIONS WHO MUST FILE THIS FORM? • Any Individual , Inc luding a candidate upon qualifying, who Is required by law to file full and public disclosure of his financial Interests on Commission on Ethics Form 6, except Judges . (See Form 6 for a list of persons required lo flle that form .) • Any Ind ividual, including a cand idate upon qualifying , who is required by law to file a statement of financial Interests on Commission on Ethics Form 1. (See Form 1 for a list of persons required to file that form .) • Any procurement emp loyee of the executive branch or judicial branch of state government. This Includes any employee who participates through decis ion, approval, disapprova l, recommendation, prepara~on of any part of a purchase request, Influencing the content of any specification or prooua·ement standard , render ing of advice, Investigation , or auditing or tn any other advisory capac ity In the procurement of contractua l serv ices or commodities as defined In Section 287.o12 , Florida Statutes, If the cost of such services or commod lijes exr.eads $1,000 In any year. NOTE: Gifts that formerly were allowed under Section 112.3148 , F.S ., now may be prohibited expenditures under Sections 11.045 and 112.3216, F.S. WHAT GIFTS ARE REPORTABLE? • Any gift (as defined below) you received wh ich you believe to be In excess of $100 In value , EXCEPT: 1) Gifts from the following RELATIVES: father, mother, son, daughter, brother, sister, uncle, aunt, first cous in, nephew, niece, husband, wife, father-In-law , mother-In-law, son-ln..faw, daughter-In-law, brother-In· law, slster-ln·law, stepfather, stepmother, stepson, stepdaughter, stepb rother, stepsister, half brother, half sister, grandparent, great grandparent, grandchild, great grandchild, step grandparent , step great grandparent , step grandchild , step great grandchild, a parson who Is engaged to be married to you or who otherwise holds himself or herself out as or Ia generally known as the person whom you Intend to marry or with whom you Intend to form a household, or any other natural person having the same legal residence as you. 2) Gifts which you are prohibited from accepting by Sections 112 .313(4) ond 112.3148(4), Florida Statutas, These Include any gill which you know or, with the exerc ise of reasonable care, should know was given to Influence a vote or other action In whloh you are expected to participate In your official oapaotty; It also Includes a gift worth over $100 from a political committee or committee of oonllnuoue existence under the elections law , from a lobbyist who lobbies your agency or who lobbied your agency within the past 12 months , or from a partner, Orm , employer, or princ ipal of such a lobby ist. 3) Gifts worth over $100 for which there Is a public purpose, given to you by an entity of the legislat ive or jlldlolal branch, a department or (,"'mmlsslon of the executive branch, a water management district created pursuant to s. 373.069, South Flor ida Regional Transportation Authority, the Technological Research and Development Authority, a county, a municipality, an airport authority, or a school board ; or a gift worth over $100 given to you by a di rect-support organization specifically authorized by law to support the governmental agency of wh ich you are an officer or emp loyee . These gifts must be disclosed on Form 10. A "gift" Is defined to mean that which Is accepted by you or by another In your behalf, or that whloh Is paid or given to another for or on behalf of you , directly, Indirectly, or In trust for your benefit or by any othe r means, for Wh ich equal or greater consideration Is not given within 90 days after receipt of the gift. A "gi ft" Includes real property; the use of reel property; tangible or Intangible pereonal property ; the use of tangible or Intangible personal property ; a preferential rate or terms on a debt, loan , goods , or servloes, which rate Is below the customary rate and Is not either a govemment rate available to all other similarly situated government emp loyees or offi ci als or a rate which Is available to similarly situated members of the public by virtue of occupation , affiliation , age , relig ion , sex , or national origin ; forgiveness of an Indebtedness ; transportation (unless provided to you by an agency In relat ion to offic ially approved governmental business), lodging , or parking ; food or beverage; membership duos; entrance fees , admission fees or tickets to events, performances, or facilities ; plants, flowers, or floral arrangements ; services provided by persons pursuan t CE FORM 9 -EFF. 1/2007 to a professiona l li cense or cerijflcate ; other pe rsonal services fo r whi ch a fee Is normally charged by the person providing th e services : and any other similar service or thing hav ing an attri butable value and not already described. • The following are NOT reportable as gifts on this form : salary, benefits , services , fees , comm issions , gifts, or expenses associated primarily with your employment , bus iness, or serv ice aa an officer or director of a corporatlo'n or organ iza tion : con tributions or expend itures reported pursuant to the election laws, campa ign-related personal services provided without compensation by lndMduals volunteering the ir time , or any other contribu ti on or expenditure by a political party ; an honorarium or an expense related to an honorarium event pa id to you or your spouse; an award , plaque , certificate, or simila r personalized Item giVen In recogn~l on of your public, civic, charitable , or professiona l serv ice ; an honorary membersh ip In a service or fraterna l organizati on presented merely as a courtesy by such organlza ijon ; th e usa of a governmental agency's public facility or public property for a public purpose. Also exempted are some gifts from state , regional , and national organizations that promote the exchange of ideas between, or the profess ional deve lopment of, govemmenlal officials or employees. HOW DO I DETERMINE THE VALUE OF A GIFT? The value of a gift provided to you Is determined us ing the actual cost to the donor, and, with respect to personal services provided by the donor, the reasonable and customary charge regularly charged for suoh service In the commun ity In wh ich tha service Is provided . Taxes and gratuities are not Included In valu ing a gift . If add itio nal eKpenses are requ ired as a condition precedent to the donor 's elig ibility to purchase or provide a gift and the expenses are primarily for the benefit of the donor or are of a charitable nature, the expe nses are not Included In determ ining tha va lue of the glfi. • Compensation provided by yoll to the donor within 90 days of receiving the gift shall be deducted from the value of the gift In determ ining the value of the gift . • If the actua l gift value attributa ble to Ind ivi dua l participants at an event cannot be de term ined , the total costs should be prorated among all Invited persons . A gift given to several persons may be attribu ted among all of them on a pro rata basis. Food, beverages, ente rt ainment , etc .. provided at a function for more than ten people should be valued by dividing the total costs by the number of persons Inv ited , un less the Items are purchased on a per-person basis, In wh ich case the per-perso n cost should be used. • Transportation shou ld be valued on a round-t rl p basis unless on ly one· way transportation Is prov ided . Round-trip transportation expenses should be cons idered a single gift . TrensportaUon provided In a private conveyance should be given the same va lue as transportation provided In a comparable commercial conveyance. • Lodg ing prov ided on consecutive days shou ld be conside red a single gift. Lodg ing In a private residence shou ld be valued at $44 pe r nigh t. • Food and beverages consumed at a singl e si ttlng or event are a sing le gift valued for that sitti ng or meal . Other food and beverages providad on a calendar day are considered a single gift, with the total value of all food and beverages provided on that date being the value of the gift. Membersh ip dues pa id to the same organization during any 12-month period are cons idered a sing le gift . Entrance fees , admission fees , or tickets are valued on the face value of the ticket or fee , or on a da lly or per event basis , whichever Is greater. If an admiss ion ticket Is given by a cha ritable orga niza tion, Its value does not Include the portion of the cost that represen ts a contribution to that charity. • Except as otherw ise prov ided, a gi ft should be valued on a per occurrence bas is. FOR MORE INFORMATION The gift disclosures made on this form are required by Sec. 112 .3148, Florida Statutes . Questions may be addressed to the Commiss ion on Eth los, Post Office Drawer 16709 , Tallahassee , Florida 32317- 5709 or by calling (850) 488 -7864 : Information Is also prov ided at : www.ethlcs .atate.ft .us . EXHIBIT D 9/25113 Municode Miami Beach, Florida, Code of Ordinances» PART I -CHARTER AND RELATED SPECIAL ACTS » Subpart A· CHARTER» CITIZENS' BILL OF RIGHTS>> CITIZENS' BILL OF RIGHTS (A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed: 1 · Convenient access. Every person has the right to transact business with the City with a minimum of personal inconvenience. It shall be the duty of the City Manager and the City Commission to provide, within the City's budget limitations, reasonably convenient times and places for required Inspections, and for transacting business with the City. 2. Truth in government . No municipal official or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested Information to members of the public. 3. Public records. All audits, reports, minutes, documents and other public records of the City and Its boards, agencies, departments and authorities shall be open for Inspection at reasonable time and places convenient to the public. 4. Minutes and ordinance register. The City Clerk shall mainta in and make available for public inspection an ordinance register separate from the minutes showing the votes of each member on all ordinances and resolutions 1 ill listed by descriptive title. Written minutes of all meetings and the ordinance register shall be available for public inspection not later than thirty (30) days after the conclusion of the meeting . 5. Right to be heard. So far as the orderly conduct of public business permits, any interested person has the right to appear before the City Commission or any City agency, board or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know approximately 'When a matter will be heard. Nothing herein shall prohibit the City or any agency thereof from imposing reasonable time limits for the presentation of a matter. 6. Right to notice. Persons entitled to notice of a City hearing shall be timely Informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 7 · No unreasonable postponements. No matter once having been placed on a formal agenda by the City shall be postponed to another day except for good cause shown In the opinion of the City Commission, or agency conducting such meeting, and then only on condition that any person so requesting Is mailed adequate notice of the new date of any postponed meeting. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any llbrary.municode.corrlprintaspX?h=&ciiantiD=13097&HTMRaquest=http%3a%21%2flibrary.munlcoda.com'lo2fHTML%2f13097%2flewi3%2!PTICHRESPAC_S ... 1/3 9/26113 Munlcode determination made at such hearing. 8. Right to public hearing. Upon a timely request of any Interested party a public hearing shall be held by any City agency, board , department or authority upon any significant policy decision to be issued by it v.kllch is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the law department of the City nor to any body 'Nhose duties and responsibilities are solely advisory. At any zoning or other hearing In v.klich review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time. 9. Notice of action and reasons. Prompt notice shall be given of the denial in whole or in part of a request of an interested person made in connection vvith any municipal administrative decision or proceeding when the decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. 10. Managers' and attorneys' reports . The City Manager and City Attorney shall periodically make a public status report on all major matters pending or concluded !Mthin their respective jurisdictions. 11. Budgeting. In addition to any budget requ ired by state statute, the City Manager shall prepare a budget sho!Mng the cost of each department for each budget year. Prior to the City Commission's first public hearing on the proposed budget required by state law, the City Manager shall make public a budget summary setting forth the proposed cost of each individual department and reflecting the personnel for each department, the purposes therefor, the estimated millage cost of each department and the amount of any contingency and carryover funds for each department. 12. Quarterly budget comparisons. The City Manager shall make public a quarterly report sho!Mng the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget. Such report shall also reflect the same cumulative information for 'Mlatever portion of the fiscal year that has elapsed. 13. Adequate audits. An annual audit of the City shall be made by an independent certified public accounting firm in accordance with generally accepted auditing standards . The independent City Auditor shall be appointed by the City Commission; both appointment and removal of the independent City Auditor shall be made by the City Commission. A summary of the results of the independent City Auditor's annual audit, including any deficiencies found, shall be made public. In making such audit, proprietary functions shall be audited separately and adequate depreciation on proprietary facilities shall be accrued so the public may determine the amount of any direct or indirect subsidy. Duties, method of selection, and method of compensation of the Independent City Auditor shall be established by ordinance. 14 . Representation of public . The City Commission shall endeavor to provide representation at all proceedings significantly affecting the City and Its residents before state and federal regulatory bodies. 15. Natural resources and scenic beauty. It shall be the policy of the City of Miami Beach to conserve and protect Its natural resources and scenic beauty, v.klich policy shall include the abatement of air and water pollution and of excessive and unnecessary noise. 16. Nondiscrimination . No person shall be deprived of any rights and privileges conferred by law because of race, color, national origin, religion, gender, sexual orientation, disability, llbrary.munlcode.comtprlnt.aspx?h=&cl lentiD = 13097&HTMReq uest= http%3a%2f%2tllbrary.mun l code .com%2fHTML%2f13097%2fte~l3%2f?TICH RES PAC _S ... 213 9/20113 Munlcode marital status, familial status, or age. [17. Reserved.] 18. Ethics in Government. The public's confidence and trust In City of Miami Beach operations and government must meet the most demanding ethical standards and demonstrate the highest level of achievement in its adherence to ethics laiNS . City of Miami Beach officials and employees are agents of the people and hold their positions for the benefit of the publio--as public servants, they are to observe in their official acts a high standard of conduct and to discharge faithfully the duties of their office regardless of personal considerations and interests, recognizing that promoting the public interest and maintaining the respect of the people in their government must be of foremost concern. In upholding the values of accountability and responsibility, all city officials and employees shall abide by applicable codes of ethical conduct, and be subject to all penalties provided for In such regulations. (B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami Beach. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in the Dade County circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. 'f l i·. ,: FOOTNOTE(S): llbrary.munloode .com'pr lnt.as pX/h=&cl lentiD= 13097&HTMReq uest=http%3a%2f%2fll brary.m.mlcode .com%21HTML %2f13097%2fle~I3%21PTICH RESPAC _s ... 313 1 RULE l -U ll. THE POSITION CLASSIFICATION PLAN 2 SECTION 1: PURPOSE: It is the purpose of the Position Classification Plan to provide an 3 orderly inventory and appraisal of positions in the City serviceClassifications so that the 4 following ends may be attained: 5 6 7 8 9 10 11 12 13 (a) (b) fat-Equality of pay on the basis of substantially sufficiently similar duties and responsibilities. fb}-Proper pay differences between positions in Classifications which differ materiallysignificantly in duties and responsibilities. (c) (e)-Improved recruitin grecruitment through appropriate definitions of positionsClassifications and the establishment of Specifications which include reasonable standards of fitness for entrance to Appointment or promotion within the servicePromotion . (d) (at-Orderly control of personnel changes affecting employees while in the service, 14 such as transfers, promotions, demotionsTransfers, Promotions. Demotions, leaves of 15 absence.-and any other internal personnel hanges. 16 SECTION 2: PREPARATION ADOPTION AND AMENDMENT OF THE PLAN: The 17 Personnel Human Resources Director sfl.al-l-may survey and record the duties and responsibilities 18 Specifications of all positions in the Classified Service andCiassifications and, after consultation 19 with the Appointing Officers and principal supervisors shall Authorities. may recommend a-to 20 the Personnel Board changes or modifications to the Classification Plan covering all such 21 positions. This plan shall consist of a grouping of positions substantially similar in duties and 22 responsibilities. appropriate and descriptive titles for each class of positions. and '.witten Class 23 Specifications which shall describe the typical duties and responsibilities characteristic of the 24 positions in the classes and ·.vhich specify the training. e>(perience, and other qualifications to be 25 required of applicants for positions in each class Ciassifications. When changes in City 26 organization or operations require the creation of new Classifications or other amendments to the 27 Classification Plan, these shall be adopted according to the san1e procedures established for the 28 original adoption of the Plan as setforth in Section 10 Atticle IV of Civil Service Act. Page 117 29 SECTION 3: CLASS CLASSIFICATION SPECIFICATIONS INTERPRETED: The 30 Specifications for each ofthe various classes of positions in the Classified ServiceClassifications 31 shall have the following force -and effect: 32 (a) The 33 (a) They are descriptive and explanatory and are not restrictive. The B-Seinclusion of a 34 particular expression or illustration as--too f duties . qualifications. or attributes shall not be 35 held to exclude others not mentioned if such others are similar as to kind or qual it) ·.: 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 (b) fbj-In determining the allocationassignment of a-given position, the specifications Specifications to a particular Classification, the Specifications shall be considered as a whole. Consideration shall be given to the general duties. specific examples, responsibilities, minimum entrance qualifications . and relationship to other classes as affording an inclusive picture of the employment the class is intended to embrace. (c) fet-The statement of duties is Specifications shall not intended to prescribe what specific duties shall attach to a given position nor to limit the power of the Appointing OfficerAuthority to modify or alter detailed tasks or duties involved in or to be performed within the duties of any position . Classification. When there is a substantial change in ~ duties is made , except for a temporary period or by the addition of duties which are incidental to the main employment, such change shall be reported to the Personnei Human Resources Director v1ith view to consider a possible re-classification of the position . Classification. SECTION 4: ALLOCATION TO CLASSIFICATION: (a) The .fae.t Human Resources Director shall ensure that every employee is allocated to a Classification established by the Classification Plan . (b) Classifications which have undergone a substantial change in duties and require re-Classification, or new duties. shall be so classified by the actual tasks performed deHuman Resources Director after consultation with the Appointing Authority as the Human Resources Director deems appropriate. Page 118 57 (c) The wage rate of re-Classified employees is as follows: 58 1. The compensation of such employee shall not appear in the specifications 59 shall not impl) that the position be reduced if the individual's then current wage is 60 necessarily excluded from within the class. pro\ ided thatwage scale of the tasks 61 constitutingnew Classification and the main 'Nork duties of such old and new 62 Positions are dul) covered .similar. 63 £imilarly, any example cited. taken "'• ith reference to the statement of typical duties and the 64 qualifications required shall not be construed as finally determining whether a position shall be 65 included v. ithin the class . Although they may not be mentioned in the speci tications, certain 66 quali tications v•hich should properly appl) to practical I) all positions, such as suitable age, 67 sobriety. and industr)· are taken for granted . 68 SECTION 4: ADOPTION ,A .. ND AMENDMENT OF THE PLAN : Before becoming 69 effective. the Position Classification Plan shall be approved and adopted by the Personnel Board. 70 Thereafter, its provisions shall be observed in handling all personnel transactions and activities . 71 When changes in City organization or operations require the creation of new classes of positions 72 or other amendments to the Position Classification Plan . these shall be adopted according to the 73 same procedure established for the original adoption of the Plan . 74 SECTION 5: ALLOCATION OF POSITIONS TO CLASSES 75 (a) After adoption of the Classification Plan by the Personnel Board. the Personnel Director shall 76 allocate ever) position in the Classified £ervice to one of the classes established b) the Plan . 77 (b) Nev>' positions in the service and positions '<\hich have so changed in work content as to 78 require allocation to a different class, shall be so reallocated in accordance v>ith the same 79 procedure established for original alJocation of positions. 80 (e) Employees incumbent in positions so reallocated or reclassified shall 81 automatically retain their status where the duties of such old and nev.-positions 82 are of an overlapping or closely related nature, and the compensation of no 83 employee so transferred shall be reduced thereb). If. hov•ever. a position is 84 reallocated to a high class because of Page 119 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 (d) 2. The compensation of uch employee shall be reduced to no higher than the maximum for the lower Classification, if the employee is assigned or re-Classified to a lower paying Classification . If a Position is assigned to a higher Classification because of substantially changed duties or responsibilities , the Human Resources Director may (1) require the incumbent ma; be required b;· the Personnel Director employee to demonstrate fitness by passing a non-competitive examination or may be transferred, (2) transfer the incLm1bent employee to a vacant positionPosition in the e+ass Clas ification to which his/her position the incumbent employee was formerly allocated, or his/her(3) place the incumbent employee 's name shall be placed on the reemployment listRe-Employment List for the elassCiassifications to which his /her positionthe incLmlbent employee was formerly allocated. Reallocations of positionsAllocation to ~higher classesClassification shall be subject to the approval of the City Manager. SECTION &~: MAINTENANCE OF THE CLASSIFICATION PLAN ~ (a) (ftt-New positions to be created Specifications or changes m Specifications requested by any department or division Appointing Authority shall be reported to the PersonnelHuman Resources Director and he /she who shall study the duties and the responsibilities of such new positions to provide a basis for determiningconsider the proper classiiicationClassification of such new positionsPosition . ~The Appointing OfficersAuthority shall report substantial changes in Specifications to the Personne!Human Resources Director the addition of new assignmen'..s or the taking a\\ay of old ones which ma; affect the duties and responsibilities of any position if it is believed that such changes will be permanent. The Personnel Directorwho shall investigate such changes in order to provide a basis for determining the effect otand determine whether such changes upon the classification of the position . (b) (e) The Personnel Director shall make periodic investigations of any and all positions in order to determine changes in duties and responsibilities of any position which may affect the status of the require re-Classification -Ptatr.-of the Position. Page I 20 114 115 116 117 118 119 120 121 122 (c) (dt-An employee may-;-make a written request to the Human Resomces Director at any time , make a request in '>vriting to the Personnel Director _for a review of the allocation of his/her position. This request shall set forth the employee's Specifications of the employee 's Classification, explaining the reasons for the request. Upon review, afl€1. if such reasons appear to be substantiaL the Pen>onnel the Human Resources Director shall make an itwestigation of the position "' ith a view to determining the correctness or incorrectness of the allocation and the adjustment necessar) .determine what action, if any, is appropriate . Page I 21 1 2 RULE 1-liiV. THE COMPENSATION PLAN 3 SECTION 1: _PURPOSE: It is the purpose of the Compensation Plan to provide an orderly 4 aad-~ fair means for .fue determining compensation of employees based on the basis of the work 5 which they perform and the efficiency of their performance . Classification. 6 SECTION 2: _PREPARATION, APPROVAL AND AMENDMENT OF THE PLAN: At 7 least sixty (60) days before the beginning of each fiscal year. the Personnel COMPEN- 8 SATION PLAN: The Human Resources Director shall prepare a Compensation Plan. This Plan 9 which shall consist of a schedule Schedule of ~Pav for each class of positions in the Classified 10 ServiceClassification indicating the minimum and maximum raterange of pay for each 11 e+ass wages . In arriving at such ~age ranges, consideration shall be given to prevailing 12 rates of pay in private business~ and the public sector. the current cost of living, and te-the 13 City's fmancial condition and policies. After making an) adjustments in the Plan v•hich he/she 14 deems The Human Resources Director shall submit the proposed Compensation Plan to the 15 City Manager who shall review and adjust the Compensation Plan as necessary-:-the . The City 16 Manager shall submit the Compensation Plan to the City Commission. v. hich, after due 17 reference to the proposed budget. shall adopt. or modify and adopt the Compensation Plan . .:. 18 Amendment of the Compensation Plan with supp01ting data prepared by the Human Resources 19 Director may be submitted by the City Manager at any time to the City Commission for 20 approval in accordance with the Classified Salary Ordinance. 21 SECTION 3:-.EFFECT OF THE PLAN: The City Commission establishes the Compensation 22 Plan . as adopted hy the City Commission. under the Classified Salary Ordinance; the 23 Compensation Plan shall constitute the official schedule of salarieswages for positions in the 24 Classified SeP. ice.all Classifications. No person shall be assigned &-a ~wage greater than 25 the maximum or less than the minimum ~set forth in the Compensation Plan for his /her 26 e+ass that Classification . 27 SECTION 4: I NSTALLATION OF THE COMPENSATION PLAN : The Director of 28 Personnel shall prepare regulations indicatmg how the Compensation Plan shall be applied to Page I 22 29 incumbent employees: such regulations to be transmitted with the first Compensation Plan 30 submitted to the City Commission pursuant to the Civil ~en ice Act and these Rules. 31 SECTION 5: ADMINISTRATION OF THE COMPENSATION PLAN: 32 33 34 (a) (itt-The entrance salary-wage for new appointees to positions in shall be within the Classified Service wage range for the Classification of the City Appointment. (b) The re-employment wage rate shall be within the salary range for the 35 e+ass Ciassification of positions to which they are appointed Re-Appointment. 36 (b) Salary for a reinstated employee shall be within the salary range for the elat;sification to 37 v>hich he /she is appointed. 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 (c) fet-When an employee is transferred from a position in one class to another position in the same class. no change in salar)has an Organizational Transfer, no changes in the employee's wage rate shall be made because of such transfer. Transfer. (d) (tit-When an employee is promoted to a position in a higher e+ass Ciassification. and his/her salarythe employee's wage is lower than the minimum of the higher e+ass-:- hislher salary immediately Classification, then the wage rate shall be increased immediately to within the salary range of the higher effis.s.,-Classification. (e) fet-When an employee is demoted to a position in a lower class and his/her salafyClassification and the employee's wage rate is higher than the maximum of the lower class, his /her salary immediately Classification. then the wage rate shall be decreased immediately to no higher than the maximum wage rate of the lower e+ass Classification . (0 ftj-An annual review of the sala:Fy wage rate of each employee shall be made by the Personne!Human Resources Director in consultation with the Appointing Ofticer. and adjustments v.-ithin the rangeAuthority. Adjustment may be made within the wage range, after an analysis of the performance evaluation-an-d., length of service of each employee , and after considering the recommendations of the Appointing OfficerAuthority, provided that in no case shall the salary of an) such emplo) ee wage Page I 23 56 rate be increased above the maxrmum established for the ~Classification and 57 provided further , that such salary adjuslments wage rate adjustment shall receive the 58 approval of be approved by the City Manager. 59 (g) Amendments of the Compensation Plan v. ith supporting data justifying such changes as 60 prepared by the PerGonnel Director may be :wbmiHed by the City Manager at any time to the 61 Cit) Commission for approva Page I 24 1 2 RULE W V. CERTIFICATION OF PAYROLLS 3 SECTION !:-.CERTIFICATION: Prior to the payment of any salary, wage, or other 4 compensation to any employee for services to any person holding a position in ~ the Classified 5 Service. the Personne iH wnan Resources Director or designee shall certify that the persons 6 named on a payroll, estimate,-or account therefore have been appointed or employed tn 7 pursuancepursuant to and have fully complied with the terms of the Civil Service Act and these 8 Rules7 except as required by law. 9 SECTION 2: REFUSAL TO CERTIFY: Before making any such certitication Certification, 10 the Personnel Human Resources Director or designee shall take all appropriate steps to assure 11 himsel!Jherself that each payroll, estimate, or account is prepared in accordance with the 12 provisions of ~all applicable laws and these Ru1es. If any item fails to comply with such 13 provisions, he/she the Human Resources Director or designee shall refuse to certify such item . 14 SECTION 3: ILLEGAL APPOINTMENT: All Officers of the CityEach Appointing Authority 15 shall comply with and shall aid in all proper ways in can-ying into effecteffectuate the provisions 16 of the Civil Service Act and these Rules. No Appointing OfficerAuthority shall select any person 17 for appointment, employment, or promotionAppointment except in accordance with the 18 provisions of the Act and these Rules. Any person employed or appointed contrm") to the 19 provisions of the Act and /or of these Rules shall have no claim upon the funds of the City for 20 salary or wage payment.Civil Service Act and these Rules . 21 Page I 25 1 I RULE v. APPLICATION VI. APPLICATIONS AND EXAMINATION EXAMINATIONS 2 3 SECTION *.;;...1:'---_SCOPE OF EXAMINATIONS: Examinations may consist ofinclude, 4 but are not limited to, written tests, oral tests , performance tests , afld psychological evaluations. 5 evaluations of training and experience, ffi'and tests of knowledge, manual skill. orskills, physical 6 ability-e-F_,_ fitness , or any combination thereof. 7 With the approval of the Personnel Board. tesl!i ma; be non competitive for positions v.hich 8 require peculiar and e~cceptional qualifications of a scientific, managerial, professional, or 9 educational character or in case the character or the work or the conditions of emplo;ment or 10 compensation make it impracticable to secure through competitive assembled tests a sufficient 11 number ofqualitied eligibles to meet the needs ofthe service. (Amended 2115/91) 12 SECTION +£: NOTICE OF EXAMINATIONS.:. 13 (a) (a) ENTRz~NCE TESTS Entrance Examination : The Personne!Human 14 Resources Director shall give public notice of all competitive examinations for initial 15 entrance into the Classified Service. Such notice shall be given by publication in a 16 ne\>vspaper of general circulation in the City,advettised online at www.miamibeachfl.gov 17 and shall be posted in or near the office of the Personnei Hurnan Resources Department 18 and copies thereofalso may be distributed among public officials , educational institutions, 19 professional and vocational societies, and such other individuals and organizations as the 20 Human Resources Director may in each case decide. Public notices deem appropriate . 21 Such notice shall specify the title and minimum compensation of the positionPosition, the 22 minimum qualitications Specifications required, the final date on which applications will 23 be received, and any other pertinent information consistent with the provisions of these 24 Rules. (Amended 8/1 8/89) 25 (b) CONTINUOUS TESTS: 26 (b) !.Continuous Examination: Page I 26 27 28 29 30 31 32 33 34 35 36 37 (c) 1. The Pers01mel Human Resources Director, '>\hen he/she deems it advisable for the good of the service, may . v.ith the appro,.·al of the Personnel Board. give examinations on a continuous basis. ii. ;b-Notice of continuous examinations shall be posted in or near the ~ of the Personnel Di'> ision Human Resomces Department and shall be publishedadvet1ised online at www.miamibeachfl .gov at least once every ninety (90) days in a nev.spaper or general circulation in the City of Miami Beach . (e) PROMOTIONi\b TESTS: Notices of Promotional Examination: Notice of competitive promotional examinations to be held shall be given by conspicuous posting of bulletins in the offices ofadvertised online at www.miamibeachfl.gov for no less than seven (7) calendar days. Notice may also be posted in the offices. the departments or 38 divisions whose employees are eligihle Eligible to compete, for not less than one (1) week 39 prior to closing date for application acceptance. or such notices may and may be given by 40 individual communicationscommunication to mployees eligible for Eligible to 41 compete in such promotional -testsexamination. 42 SECTION ~J.: QUALIFICATION REQUIREMENTS OF APPLICANTS: All applicants 43 must meet the minimum qualitications prescribed in the Class Specifications for the class of 44 positionsClassification for which application is made. \\'hen a position for which an examination 45 is to be held has not yet been allocated to a class in accordance with these Rules , the minimum 46 qualifications to be required of applicants shall be established by the Personnel Director with the 47 approval of the Personnel Board. 48 SECTION ~4: APPLICATIONS: All applications shall be made on forms to be prescribed by 49 and in the Persollflel manner determined by the Human Resources Director. On such fonns the 50 DirectorThe application may require information covering personal characteristics.regarding 51 education, experience, references and ill!Y_other information he /she deems pertinent for the 52 Classification, including a photograph. _All submitted applications shall be signed and the truth 53 of all statements contained therein will be deemed certified by such signature .the applicant as true 54 and accurate . Applications must be filed with the Personnel DivisionHuman Resources 55 Department within the time limit specified in the public notices of examinationnotice. Page I 27 56 SECTION 4-l-5: DISQUALIFICATION OF APPLICANTS: 57 fat-The Human Resources Director may refuse to examine an applicant, or after examination 58 may remove his /her the applicant's name from the resulting eligible li stEiigible List, or refuse to 59 certify for appointment any applicant-:-who is found to lack any of the preliminary requirements~ 60 (1) does not meet the minimum Specifications established for that classification: who is 61 physically so disabled as to be rendered unfit for performance of the required duties: v.ho is 62 addicted to the habitual use of narcotics or any intoxicating liquors ; v.-ho has been found guilty of 63 any infamous or notoriously disgraceful conduct~ 'Nho has been dismissed from the public 64 service for delinquency: v•ho has made false statements of material fact in his /her application: or 65 who has violated the provisions of these Rules. 66 (b) No Classified employee removed from his/her employment by disciplinary action, or v.ho 67 resigns therefromCiassification: (2) is a qualified individual with a disability but is unable to 68 perform the essential functions of the Position with or without reasonable accommodation: (3) is 69 currently engaging in the use of illegal drugs, illegal use of controlled substances or is under the 70 influence of alcohol, illegal drugs, or non-prescribed controlled substance, upon examination 71 after a contingent job offer: (4) has been convicted of any crime that, based upon the totality of 72 factors. including, but not limited to, the nature of the offense. the recency of the offense and/or 73 lack of evidence of rehabilitation, is determined to be job related, involves moral turpitude or 74 violence to any person; (5) has been dismissed from public service or previous employment for 75 cause; ( 6) has made a false statement or act of omission of material fact in the application; or (7) 76 resigned after the institution of disciplinary action , shall be eligible to compete in any 77 eHamination for entrance or re entrance into the Classified Service eJ<cept as is hereinafter 78 provided: 79 1. After a period of at least three (3) years have elapsed from the date of resignation or removal 80 of such Classified employee. he /she shall have the right to apply to the Personnel Board for 81 reinstatement of his/her eligibility to compete in examinations for entl)· into the Classified 82 Sep, ice. (Amended 3/20 /87) 83 2. As soon as ; (8) has violated or is practicable after such application has been made . the 84 Personnel Board shall set a time and a place for conducting a hearing to determine v;hether such Page I 28 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 ~fom1er employee has demonstrated his/her rehabilitation so as to qualify him/her for eligibility to compete in entrance e)<aminations. Notice of the time and place of such hearing shall be given to the applicant. to the head of his /her former division and department. and to the City Manager. All -interested persons may be heard at such hearing. which shall be conducted by the Personnel -Board on an informal basis and for the sole purpose of determining the rehabilitation of the ·applicant. 3. If the Personnel Board. after such hearing. shall detennine that the applicant has been rehabilitated so as to be qualified to become a City employee. such person thereafter shall be eligible to compete in original entrance examinations into the Classified Service. provided he/she meets the specified requirements for such e>tamination and, provided further, he/she shall be giYen no credit, in any way. for any prior sen ice he/she may have had with the City . It is the declared purpose of this Section that the person so taking such examination will receive no credit on such examination. and. if appointed to the Classified Service. v.ill receiYe no credit for longevity or othervtise for any service he/she may have had with the City prior to his/her being declared rehabilitated. 4. If the Personnel Board , after such hearing. finds and determines that such applicant is not so rehabilitated. he /she shall be denied eligibility to compete in e>.:aminations for entrance or re entrance into the Classitied Service. and such action of the Personnel Board shall be final. In such case, no further or later applications for restomtion of eligibility of such person shall be considered by the Personnel Board. (e) No Probationary/Pro,•isional employee removed from his,q1er employment by disciplinary action. or v,rho resigns therefrom after the institution of disciplinary action. shall be eligible to compete in any enamination. e?<eept as hereinafter provided: (Amended 7/17 /87) 1. After a period of at least th:ree (3) years have elapsed from the date of resignation or removal of such Probationary/Provisional employee, he /she shall have the right to apply to the Personnel Director for reinstatement of his/her eligibility to compete in examination for entry into the Classified Service. (Amended 7/17 /87) 2. If the Pemonnel Director. after investigation , shall determine that the applicant has been rehabilitated so as to be qualilied to become a City employee. such person thereafter shall be Page I 29 114 eligible to compete in original entrance examinations into the Classified Sen ice. pro" ided he .' she 115 meets the specified requirements lor such examination. and provided further, he/she shall be 116 given no credit, in any \Nay. ior an) prior service he /she may have had with the City . It is the 117 declared purpose of this ~ection that the person so taking such eNamination v.ill receive no credit 118 on such examination. and. if appointed to the Classiiied Ser.·ice. 'Nill receive no credit for 119 longevity or otherwise for any service he h;he may have had with the City to his 1her being 120 declared rehabilitated . (Amended 3/20 /87) 121 3. lf the Personnel Director, after investigation. finds and determines that such applicant is not 122 rehabilitated. he/she shall be denied eligibility to compete in examinations for entrance or re 123 entrance into the Classified Service and such action of the Personnel Director shall be final. In 124 such case. no further or later applications for restoration of eligibilit)' of such person shall be 125 considered by the Personnel Director. (Amended 3/20 /87) 126 (a) (d) No person shaJl be permitted to file an application to take an eJ<amination ior a 127 classification if such person has taken an examination for the t;ame classification within 128 ninety (90) days prior to such liling .i n violation of the provisions of these Rules. 129 SECTION ~: PROMOTIONAL EXAMINATIONS: 'it'henever. in the opinion of the 130 Personnei The Human Resources Director-;-shall determine when vacancies in the service of the 131 Gtty--Classified Service may be satisfactorily filled by the promotionPromotion of ~Regular 132 employees. he/she employee. The Human Resources Director shall conduct promotional 133 testsexaminations among such Regular employees as he /she shall determ inedetermined to be 134 eligibleEligible to compete. GthefThe Hwnan Resources Director may establish additional 135 qualifications for participatingparticipation in promotional tests shall be established by the 136 Personnel Director and approved by the Personnel Board and examinations. which shall be 137 announced prior to the holding of the examination. Length of ser. ice shall be a factor in such 138 examinations. and the weight to be gtven shall be established for such eNamination by the 139 Personnel Directorexamination. 140 SECTION 7: NON-COMPETITIVE EXAMINATIONS: Non-competitive examinations 141 may be administered for Classifications which require peculiar and exceptional qualifications of 142 a scientific. managerial. professionaL or educational character, or when the character of the Page I 30 143 work, the conditions of employment or the compensation make it impracticable to secure a 144 sufficient number of qualified applicants through competitive examination. 145 SECTION 8: CONDUCT OF EXAMINATIONS: The PersonnelHuman Resources Director 146 or a designee shall be responsible for the conduct of all examinations . but he /she may arrange for 147 persons qualified therefore lo prepare and administer part or all of any tests in an) examination. 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 (a) (ftt-Identification of persons taking ~compet it i ve written testsexamination may be concealed through the use of identification numbers instead of names on all test papers ·.vhere, inif the opinion of the Personnel Human Resources Director~ deems it is feasible and desirable to use this method. and inappropriate. In such cases ~ all test papersexaminations bearing names of applicantsthe applicant or any other identifying mark other than the assigned number shall be rejected and the applicant notified. (b) (-bt-The Personnel Human Resources Director shall see thart ake proper precautions are taken to prevent any applicant or other unauthorized person from securing, in adYance,obtaining questions or any other material to be used in any test,e xamination in advance unless such questions or other material isare available .ffitto all applicants. lie/she The Human Resources Director shall also take action to prevent the examiner's identification by examiners,of any applicant, or any applicant's work in exan1inations that requires the concealment of identity prior to completion of the rating of the work of all testees, of any testee's work in such tests as require the concealment of identityall applicants ' work . (c) (et-When any testee is found usingan applicant possesses or uses any extraneous , forbidden, or unfair source of information, memoranda, pamphlets. books. or notes to assist him/her in answering the questions or doing the assigned work, the person in charge rna) take from such testee any such examiner shall confiscate all material-arul he /she shall in such case make a v>riHen statement of, document the circumstances , and submit such documentation to be subJr.itted along '>Vith the test papers or other '>vork of the testee to the Personne iHuman Resources Director~. The Human Resources Director may take such action as he /she considers the circumstances ,,.,·arrant. and may, at Page I 31 171 172 173 174 175 176 177 his/her discretion. disqualif) the testee deemed appropriate including, but not limited to disciplinary action up to and including termination and disqualification of the applicant. (d) (d) Whenever. in lf the opinion of the Personnei Human Resources Director.,..---tfle conditions under which any test determines an examination or portion of the test has beeflthereof was conducted \\ere not unfairly to an applicant. such a<; to be fair to the testee. the Personnel Director may order that such test examination or portion &t:' testthereof may be re-administered again. for the applicant. 178 SECTION &--;:..,;9:=---_RATING OF EXAMINATIONS: In all examinations, the mmrmum 179 grade or rating through which for eligibility on an employment list may be earned Eligible List 180 shall be determined by the Personne lHuman Resources Director. Such fi.na.l-grade sfia.l..lo r rating 181 may take into consideration all factors of the examination-. including v.here the Director deems it 182 appropriate. but not limited to , credits for training, experience, past service with the City, aHd- 183 other qualif)'ing elements as shov.n in the application of the person e)tamined. by . the oral 184 interviews, or by interview. other verified information . Unless as otherv. ise approved by the 185 Personnel Board. if any promotional competiti•, e examination be divided into two . and any other 186 qualifying elements as deemed appropriate by the Human Resources Director. 187 (2) parts. a v>ritlen portion ami an oral portion, that failure of the applicant on the oral portion of 188 the examination shall not automatically disqualil) the applicant. 189 SECTION 9 10 : NOTICE OF RESULTS OF EXAMINATION: As-Unless the information is 190 posted, as soon as the ratings of an e)(amination have been completed. each competitor shall 191 practicable every applicant shall be notified by mail whether he/she anained the minirnum 192 passing grade, and if so, of his/her final -rating-and-. whether the minimum possible grade was 193 obtained and his /her relative position on the eligible list established as a result of the 194 examination. The markings a:nd test papers or each person examined shall be open to his/her own 195 personal inspection for one month after the Position on the Eligible List. Within thirty (30) days 196 of the date of the examination-. or as otherwise provided for in the office of the Personnel 197 Department during business hours. A manifest an applicable collective bargaining agreement, the 198 applicant may review the applicant's examination score sheets by submitting a written request to 199 the Human Resources Director. lf an applicant believes that an error has been made in the Page I 32 200 markinggrading or rating of af!;-ihe applicant's examination, if called to the attention of the 201 Personnel applicant must notify the Human Resources Director within one month ailer the thirty 202 (30) calendar days, or as otherwise provided for in an applicable collective bargaining 203 agreement. of the establishment of an eligible list Eligible List resulting from such examination, 204 shall be corrected by him /her. . If the Human Resources Director determines that an error has 205 occurred, the Human Resources Director shall correct the error as deemed appropriate. 206 SECTION .W!!: PRESERVATION OF WORK OF TESTEES: APPLICANTS: 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 (a) The applications, test paper and examination papers, other work and ratings of !He testees applicants who receive scores less than the minimum required in any test group of tests. or tests as a v.hole and '<'whose names passing grade and who are not therefor placed on the eligible list resulting from the tests Eligible List, shall be preserved retained for a period consistent with then e)(isting Federal and State lav~·s illlY._g overning preservation of public records, after the approval and establishment of the list of successful applicants laws , but may be destroyed thereafter at the discretion of the Personnel Human Resources Director. (b) The applications , teste xamination papers and other work and ratings of testees whose names appearapplicants who are placed on the list of successful candidatesEligible List shall be preseP•ed retained for the life of the eligible list resulting therefrom Eligible List and shall be open to inspection by an Appointing OfficersAuthority for consideration in making appointments ; but may be destroyed thereafter at the discretion of the Personnel Director after a . Such documents shall be retained for a period consistent with then existing Federal anti State lav;s illlY._g oveming preserYatio nl aws. but may be destroyed at the discretion of public records. unlessthe Human Resources Director. If the applicant receives an Appointment, such persons shall receive an appointment. in vrhich case such applications. test papers, and other v;ork documents shall become part of such persons's record the personnel file . 226 SECTION POSTPONEMENT AND CANCELLATION OF 227 TESTS EXAMINA TIONS: All examinations shall normally be held upon the dates fixed by the 228 Personne iHuman Resources Director in the published public notices; Buthowever, the Page I 33 229 Personnel Human Resources Director shall haw the right Le may postpone any examination 230 because of an inadequate number of applicants , because of non-attendance of special examiners 231 or for any other sufficient caw;e , or to reason. The Human Resources Director may also cancel 232 any examination the holding of which becomes unnecessary because of a change in the personnel 233 requirements of Appointing Officers . .:. 234 Page I 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 RULE W VII . ELIGffiiLITY LISTS SECTION 1: GENERAL PROVISIONS ~ (a) fat-ARRANGEMENT OF LISTS: The names of persons eligibleEligible for appointmentAppointment to each classification under the Classitied Service shaJ.t Classification may be arranged on three (3) -l-i-st£Lists: the Re-Employment List, the Promotional Transfer List, and the Original Entrance List. Additionally, for certain Cia sifications, names of persons eligible for Appointment shall be arranged on a Promotional List. (b) (c) fb}-RE-ARRANGEMENT OF ELIGIBLES: =1.;......__-h--If at any time after the creation of an eligible list Eiigible List, and during the life of such tistList, the PersonnelHuman Resources Director has reasons reason to believe that any person should be disqualified for appointment Appointment because of incapacity de..-eloped subsequent to his/her name having been placed on such list. because of false statements made in his/her application, or for other similar reasons.any reason provided in Rule VL Section ~ such person shall be notified and given an opportunity to be heard by the Human Resources Director. If such person shall fail fails to appear, or if upon being heard shall fail fails to satisfy the Personnei Hw11an Resources Director, his/he rt he person 's name shall be removed and the remaining names shall be re- arranged te---its into their proper place on the list or removed as the circumstances require Eligible List. 2. 2-.--Upon the correction of an error in the marking of an examination as provided in Rule ¥.Y.L Section 9 hereo fl.Q, the name of such examinee person shall be rearranged to inserted into its proper place on the list or removed from the Eligible List as determined by the circumstances requireHwnan Resources Director. te1 REMOVAL OF NAMES FROM LISTS: Page I 35 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 57 58 =1.'--_-l.-Each person whose name appears on an eligible listEligible List shall file ·,yith the Personnel Director. all contact information including telephone number(s), email and residential address(es) and shall provide written notice of any change ~ of address. and fuilure either electronic or residential address, whether temporary or permanent, with the Human Resources Director. Failure to do so may cause his/herthe person 's name to be removed from the -1-i-st:-List. ~The name of any person appearing on any eligible list Eiigible List may be removed by the Personnel Human Resources Director;_(ru if the candidateperson fails to respond within three fJ1 ten (1 0) calendar days &f.-from the date a notice of certification, is sent or issued: (b) if flefshe the person declines an appointment without reasons satisfactor) to the Personnel Director, or if he/shean explanation; or (c) if the person cannot be located by the postal authorities in five (5) calendar days . In case of such removal~ the PersonneiHuman Resources Director shall notify the candidate aiTected person at his/he rt he last known electronic and residential address. The person so removed may be reinstated on the Eligible List only if a thoroughly satisfactor) e>(planation of the circumstances is made to the Personnel Director. 2. 3. The name of any person appearing on an open competitive eligible list may be removed by the Personnel at the discretion of the Human Resources Director:-!. (o) \\'hen such person has been certified for appointment and has been passed oYer for such appointment three (3) times; or (b) Declines acceptance of an employment interviev,· for a total of three (3) times. (Amended ll/17/89) SECTION 2: _RE-EMPLOYMENT LISTS: For each class of positionsClassification, the Personnei Human Resources Director shall maintain a general Re-Employment List consisting of the names of persons who have occupied positions in such class in the Classiiied Servicewere laid off from such Positions as Regular employees and who have been separated ,,.·ithout misconduct on their part.not accepted a Leave Settlement. The names of employees who have been so separated laid off may also be placed on Re-Employment Lists for such other classes of positions Classification as the Personnei Human Resources Director deems appropriate. The order Page I 36 59 m which names shall be placed on Re-Employment Lists shall be determined by the 60 Personnel Human Resources Director after consideration of the-priority . length of service , skills, 61 qualifications. ability to perform the work available, performance evaluations of the employees 62 \\hile in service and the length of their previous service with the Cit) .. disciplinary history and 63 any other factors the Human Resources Director deems relevant. The duration of eligibility of 64 names on Re-Employment Eligible Lists shall expire individually at the conclusion of one (1) 65 year from the date the employee 's name was placed on the Re-Employment List or until the 66 employee accepts the Leave Settlement whichever occurs first. 67 SECTION 3: PROMOTIONAL LISTS: After each promotional e>mmination, the Personnel 68 Director shall prepare a Promotional List of persons who achieved passing scores in the 69 examination ananged in order of the rating achieved. \Vhenever it becomes necessary to hold 70 subsequent e}taminations in order to obtain additional eligibles for a Promotion List, the 71 Personnel Director may combine the existing list with the new list fur the same class by 72 arranging all the eligibles in order of rating received without regard to time of examination . 73 Promotional List shall expire one (I) year after the posting of the results of a promotional test, or 74 where lists have been combined. one (1) year after the date of the combining ofthe nevt' with the 75 old listsTRANSFER LIST: For each Classification, the Human Resources Director shall 76 maintain a general Transfer List consisting of the names of persons who expressed in writing the 77 desire to transfer to a particular Classification or Position and who have occupied Positions in 78 such Classification as Regular employees or who the Human Resources Director determines are 79 otherwise qualified. The order in which names shall be placed on the Transfer List may be 80 alphabetical or may be as determined by the Human Resources Director after consideration of 81 length of Service, skills. qualifications. ability to perfom1 the work available, performance 82 evaluations, disciplinary history and any other factors the Human Resources Director deems 83 relevant. The duration of eligibility of names on the Transfer List may continue from year to 84 year. 85 SECTION 4: ORIGINAL ENTRANCE LISTS: 86 87 88 (a) fs1-0pen Competitive Examinations: On the basis of open competitive examinations, the PersonnelThe Human Resources Director shall prepare a kstList of those eligible for appointment to Eligibles based on Open Competitive Examinations; the Page I 37 89 Service. Namesnames shall be placed upon such l.f.s.t.List in order of preference according 90 to the final earned rating of each person successfully competing in the examination 91 wfti.e.ft . The final earned rating shall be determined by the earned ratings on all phases of 92 the ex amination according to weights for each phase established and announced by the 93 Pers011i1e iHuman Resources Director in advance of giving the tests . .:. Whenever it 94 becomes necessary to hold a subsequent examination to obtain additional 95 eligiblesEligibles from an Original Entrance List, the Personnei Human Resomces 96 Director may combine existing l.f.s.t.s Lists with the new :ltstList for the same 97 e+ass Classification by arranging the eligibles 'Eiigibles' names as provided above,_ without 98 regard to the time of the testsexamination. Original Entrance Lists shall expire one (1) 99 year after the posting of the results of the original entrance testsexamination, or -wflere 100 lists ha,.e been combined. one (1) year after the date of tfl.e-combining e-1-Lists provided, 101 however. that the new v.-ith the old lists. The eligibility lists fer the following 102 classifications shall be 'ralid for a t\Yo (2) year period : (Amended 8/16/96)of individual 103 names on the Original Entrance List shall expire eighteen (18) months, which is defined 104 as 547 calendar days, from the date the individual's name was placed on the Eligibles 105 Lists. 106 Administrative Secretary Painter 107 Carpenter Parking Enforcement Specialist I 108 Central Services Technician Parking Events Attendant 109 Clerk Property & Evidence Technician I 110 Clerk Typist Police Officer Trainee 111 Code Compliance Officer 1 Public Safety Specialist II 112 Concession Attendant Recreation Leader I 113 Communications Operator Recreation Leader II 114 Complaint Operator II Recreation SuperYisor I Page I 38 115 Data Entry Clerk 8chool Guard 116 Dispatcher Trainee 8tores Clerk 117 Fleet 8ervice \Vriter Tree Trimmer 118 Municipal 8er;ice Worker I Warehouse 8upervisor 119 Museum Guard Waste Collector 120 Water Meter Technician I 121 122 123 124 125 126 127 128 129 130 131 132 (b) (b)-Non-Competitive Examinations: The Personnel Human Resources Director shall prepare an eligible listEligible List of all applicants meeting the announcedrequired minimum qualifications for a class of positions. (Amended 2/15/91 )Specifications for the Classification . (c) fet-Open Continuous Examinations: 1. !.-In those elassificationsClassifications for which there are continuous .;::;.:.... __ examinations are provided , the eligible list Eligible List shall be prepared by the Personne lHuman Resources Director by placing names on such .J.i.st List in order ef preference according to the final earned ratings of each person successfully participating in the examinations rating, without regard to the time of the taking of . . l A ...1 ...1 ')'I -/(\ l ~ xammatwns. (nmenueu _r )r'l J 2. 2. Individual The duration of eligibility of names on nuch continuous 133 Continuous Examination Lists shall expire individually at the conclusion of one 134 (1) year from the date the applicant's name was placed on the Continuous 135 Examination List. 136 SECTION: 5: PROMOTIONAL LISTS: After each Promotional Examination, the Human 137 Resources Director shall prepare a Promotional List of employees who achieved passing scores 138 in the examination~, arranged in order of the final earned rating . The final earned rating 139 shall be determined by the earned ratings on all phases of the examination according to weights 140 for each phase established and announced by the Human Resources Director. Whenever it Page I 39 141 becomes necessary to hold subsequent examinations in order to obtain additional Eligibles for a 142 Promotional List, the Human Resources Director may combine the existing List with the new 143 List for the same Classification by arranging all the Eligibles in order of preference according to 144 the final earned rating without regard to the time of examination. The Promotional List shall 145 expire one (1) year after ha\ in gthe posting of the results of a Promotional Examination, or where 146 Lists have been placed thereon. combined, one (1) year after the date of combining the List. 147 (d) lf in order for the City to receive the benefits of the United States Emergenq Employment 148 Act of 1971 (Public La\V 92 5 I), the Comprehensive Employment and Training Act of 1973 149 (Public Law 92 51), and if the Personnel Director be authorized to conduct open competitive 150 examinations for transitional classifications. Names shall be placed upon such lists. as 151 established in accordance 'n ith the job classification of the positions to be fi !led, v.-ith the added 152 title to such job classifications as "transitional" and v.hich lists shall be maintained separate and 153 apart from lists for the same positions which are not transitional nature. The qualifications for 154 transitional classifications shall include the requirements as set forth in the United States 155 Emergency Employment Act of 1971 and the Comprehensive Employment and Training Act of 15 6 -1--9-7-;,. 157 SECTION S~: CERTIFICATION OF ELIGIBLE LISTS 158 ta)LIST: An Eligible +P.rtsList shall become effective when the Personnel Human Resources 159 Director certifies that the ltstList was legally prepared and representative of the relativein 160 accordance with these Rules and accmately reflects the final earned ratings in order of the 161 persons whose namesname appear thereon. 162 (b) Applicants qualifying on certain e)taminations may be certified to more than one (1) eligible 163 list proYiding that the Personnel Director has determined that the appropriate test forms for the 164 classifications involved are of sufficient similarity and prO'>'iding that the applicant has agreed to 165 such certification . (Amended/17 /86) 166 SECTION 6 SECTION 7: RESTORATION TO LIST 167 (a) The name of a promotional : A Promotional Probationary employee who has been laid off 168 during his/her probationary period and v.ho is not removed, suspended, or rejected ,the Page 140 169 Probationary Period and reverts to the prev10us Regular Classification shall be restored to 170 his/he1the original position Position on the Promotional List from which he/she was certified for 171 the remainder of the one (1) year period after the posting of the results of the promotional test 172 upon his/her re..-erting to his /her Regular classification . 173 (b) The name of a Probationary employee v;ho has been laid off after being employed in a 174 position in ·.vhich the 'nork v.-as of a seasonal, OuctuatingPromotional Examination, or temporary 175 nature, (a temporary position being deemed to be one for which the employee. at the time of 176 his/her employment, is informed in writing by the Personnel Director that such employment will 177 be for a period of less than nine (9) months) shall be restored to his/her original position on the 178 list from which he /she v.as certified for the remainder of the one(l) year period where Lists have 179 been combined, one (1) year after the posting of the results of the examination. unless the 180 appointing authorit). at the time of such lay off. certifies to the Personnel Director that such 181 employee has been remoYed. suspended. or rejected date of combining the Lists . Page I 41 1 2 RULE ¥UVIII . METHODS OF FILLING VACANCIES 3 SECTION 1: _TYPES OF APPOINTMENTS: _All vacancies shall be filled by Appointment 4 from Eligible Lists certified by the Human Resources Director. unless the Human Resources 5 Director determines that a vacancy in the Classified Service shall be lilled b) appointment from 6 eligible lists established b~ the Personnel Director. 'Nhich list shall include Re Employment 7 Lists. Promotional Lists. and Original entrance Lists.may be filled by other methods . In the 8 absence of an appropriate list. Provisional appointments List Temporary Appointments may be 9 permitted in accordance with the Civil Service Act and these Rules. 10 SECTION 2: _NOTICE TO PERSONNEb HUMAN RESOURCES DIRECTOR: Whenever 11 vacancies in the Classified Service are to be filled, the Appointing Ofticer concerned Authority 12 shall reque t cet1ification of names from the Eligible Lists and shall notify the Personnei Human 13 Resow·ces Director statingof the title--and-, the duties , the p.umber of .. acanciesPositions to be 14 filled, the necessary Specifications, and desirable qualifications, andany other pertinent 15 information relating to the positions Classifications to which appointmentsAppointments are to be 16 made. 17 SECTION 3: _CERTIFICATION OF ELIGIBLES: 18 19 20 21 22 23 24 25 26 27 (a) fat-Upon receipt of a request for certification Certification of eligiblesEligible Lists , the Personnel Human Resources Director shall investigate the a\ ailability of employees for transfer and the desirabilit) of making such transfers. If it shall be found to be undesirable or impracticable to make transfers of present employees to fill such vacancies, then the Personnel Director shall malce certification from eligible lists provide names of Eligibles from Eligible Lists as follows: 1. 1. Whenever a Re Employment List exists, the PersonnelThe Human Resources Director shall certify to the Appointing OfticerAuthority names from Stlffithe Re-Employment List before any certification of nan1es may be made from other .Jtsts Lists of eligiblesEligibles . Page I 42 28 ::.;2•:......__l..--Ifthere shall be is no Re-Employment List and a Promotional List exists, 29 the Human Resources Director shall certify to the Appointing Otlicer from such 30 Promotional List before any certitication may be made Authority names from an 31 Original Entrance List:-, and/or Transfer List. 32 (a) Whenever a certification is made from a Promotional List any emplo) ee v•ho has receiYed a 33 passing grade on the promotional examination from which such promotional list is compiled, and 34 who is and has been employed as a Regular employee in the Department of the City in which the 35 vacancy to be filled exists, such employment is such Department as a Regular employee having 36 been continuous for a period of at least one (1) year immediately prior and preceding the date 37 such certification is made. shall be given a credit of one half ( 1/2) point for each full year of 38 Regular employment v.ith such Department of the City. but not to exceed a total of three and 39 one half (3 1 /?) points; provided, howe'rer. when applicants for the promotional examination 40 from which such promotional list is compiled is limited to only members of the Department in 41 ·v.hich the vacancy exists . the provisions of this paragraph as to the granting of extra points shall 42 not apply. 43 3. If there shall be no Re Employment List or Promotional List. then the Personnel Director shall 44 make certification from an Original Entrance List. 45 (b) Such certification by the Personnel Director shall be in v•riting and shall be effectiw for a 46 period of twenty one (21) calendar days after the date thereof. 47 (e) With the approval of the Person11el Director. only where there is a bona tide occupational 48 requirement the Appointing Officer may specify the sex of the persons to be certified, in 'Nhich 49 event the Personnel Director shall certif) onl) the persons of such se>c standing highest on the list 50 in the same number as provided in Sub Section (d) of this Section. 51 (d) When there are vacancies to be filled, the Personnel Director shall certify the names of the 52 persons standing highest on the list to be used. At least tv.o (2) more names shall be certified 53 than the number of vacancies to be filled . (Amended 211 5/91) 54 55 (b) (e) [f the eligible list from v.hich certitication should first be made Whenever vacancies are to be filled, the Human Resources Director shall provide the names of the Page 143 56 57 Eligible persons ranking highest on the applicable List and certify at least two (2) names over and above the number of vacancies to be filled . 58 (c) In the event a List contains an insufficient number of names to comply v, ith the 59 certification process. the Appointing Officer may fill such of the .. acancies as possible 60 from such li!;t and the balance of the vacancies ti·om the next list to be considered. or may 61 demand and the Appointing Au thority requests that all vacancies be filled from a-ltst 62 withone List and no List contains sufficient names to comply v.ith the certification 63 process. If no list shall contain sufficient names, he /she may demand , the Appointing 64 Authority may request that an examination be conducted to secure create a List with the 65 required number and Provisional appointments of nan1es. Temporary Appointments may 66 be made pending the establishment of such adequate list.creation of an adequate List. If 67 the Human Resources Director determines, however, that a Temporary Appointment is 68 inappropriate, the Human Resources Director may appoint one or more employees from 69 the Eligibles List. 70 SECTION 4: APPOINTMENTS: The Appointing Officer. after After such interviews and 71 investigations as he /she deems desirable .deemed appropriate. the Appointing Authority shall 72 appointmake a contingent Appointment from the List of one or more of the persons certified..-i-n 73 number equal to the number requisitioned as Eligible, and shall immediately notify the 74 Personne!Human Resources Director of the person or persons appointed. If a candidate accepts 75 an appointmentAppointment and fails to present himseltfherself for duty within five (5) calendar 76 days after instructed to do so, hef.shethe candidate shall be deemed to have declined the 77 appointrnentAppointment, unless otherwise provided by law. 78 SECTION 5: PROVISIONAL APPOINTMENTS 79 (a) Those original appointments to positions in the sef\'ICe of the City. made \\ithout 80 competition, after the effective date of the CiYil Service Act and before adoption of these Rules, 81 shall be considered as Provisional appointments . After the adoption of these Rules. the persons 82 occupying these positions shall be required to establish their eligibility either by individual 83 qualifying e)(aminations or by competitive in open assembled tests, as may be determined by the Pa g e 144 84 Personnel Director: provided that in all caset. such persons must meet the minimum requirements 85 of the class to which their position belongs. 86 (b) After the adoption of these Rules. in the absence of eligibles ti·om v.hich appointments or 87 transfers may be made. persons meeting as near!; as practicable the minimum qualifications for 88 '> acant positions may be Provisionally appointed after such investigation and tests as the 89 Personnel Director shall decide. Such appointments shall continue only until such time as 90 appropriate eligible lists are established or qualified persons in the sef\ice become available for 91 transfer. but in no case longer than thirty (30) days without the approval of the Personnel Board. 92 Time spent under Provisional appointment shall not be credited to the Probationar; period. 93 SECTION 6: EMERGENCY APPOINTMENTS: In the event of tm a dire emergency-se 94 drastic that it renders unwise~ the delay necessary to have Provisional appointments approved 95 by the Personnel Human Resources Director is unavailable or time is of the essence, the 96 Appointing OfficerAuthority may select and appoint persons without regard to the ru-les Rules 97 goverrung appointments Appointments, but rn no case shall such emergency 98 appointmentsEmergency Appointments continue longer than thirty (30) calendar days. 99 Successive emergency appointments Emergency Appointments of the same person shall not be 100 made, and no person shall serve under emergency appointmentEmergency Appointment longer 101 than thirty (30) calendar days in any twelve (12) month period. NoticeWritten notice of 102 emergency appointmentsthe Emergency Appointments shall be g1ven immediately by the 103 Appointing Authority to the Personnel Human Resources Director. 104 SECTION 7: RE APPOINTMENTS AFTER DISABILITY RETIREMENT 105 (a) Regular employees who ha,.·e been retired for disability on month!; increments of allowance 106 under the provisions of the Emplo; ees' Retirement System and vt'ho ha\ e become able to return 107 to work prior to reaching their minimum retirement age as determined by the Board of Trustees 108 of the Employees' Retirement S; stem shall be re appointed to vacancies in the same 109 classification from v.hich the; were retired or any lower classilications for \vhich they are 110 qualified and which involve duties of a similar nature and the application or a pay scale Ythich is 111 not less than sevent; percent (70%) of thut for the classi tication from which they 'Nere retired. Page I 45 112 Such appointments shall take precedence over any eligible lists. but the classifications to v<'hich 113 such e appointments shall be made shall be subject to the approval of the Personnel Director. 114 (b) Regular emplo; ees who have claimed and received full payment of all benefits under the 115 disability provisions of the Employees' Retirement S) stem shall be considered as completely 116 separated from service and shall be eligible for re emplo;ment only through original entrance 117 procedures. 118 SECTION 8 ~: SUBSTITUTE APPOINTMENTS: Whenever it becomes necessary to fill the 119 positionPosition of a Classified an employee who is absent from his/her regular duties on.J! leave 120 of absence, and the duration of the leave and/or conditions of work are such that in the opinion of 121 the Personnel Human Resources Director it is impracticable to use assignment or Provisional 122 appointments. he/she Temporary Appointments. the Human Resources Director may approve an 123 appointment on a substitute Substitute basis to fill the vacancy during the entire period of the 124 leave. If an eligible liste>tists Eiigible List exists for the classification Classification to which the 125 vacant position Position belongs, selection shall be made from this eligible listEligible List in the 126 same manner as provided for Probationary appointments; if no such eligible listEiigible List 127 exists, the Personne lHuman Resources Director shall decide whether qualifying or competitive 128 tests shall be conducted. Any person so appointed shall be compensated within the pay range 129 provided for the classi fication Classification to which the vacant position Po ition belongs, but no 130 oth-er Classification Service rights shall accrue to such personsubstitute employee in such 131 classification.Classification or Position. 132 SECTION 9.7 : APPOINTMENT TO UNCLASSIFIED SERVICE.:. 133 (a)-_When Bfl1'~ Regular employee in the Classified Service shall be is appointed to an 134 office or position a Position in the Unclassi1ied Senice. his/her position unclassified service, the 135 Position in the Classified Service t.hall be is considered vacated vacant. except as specified in 136 subject paragraphs 1 & 2 below. and shall be filled by the regular procedures which apply to 137 filling such positions Positions on a permanent basis._ The Regular employee so appointed to the 138 Unclassified office orunclassified position shall not retain ~~~L-lassified Service title and 139 status . (Amended 2/15 /91) Page I 46 140 (b) lf such employee is separated frorn his/her Unclassified office or position. he/she shall be 141 returned to the position and classification in or any right to retw-n to the Classified Service 142 which he/she held immediately prior to becoming an Unclassified employee with compensation 143 within the salary range then prevailing for such classitication .except: 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 1. (e) In the event the Classified gervice classification of such employee has been abolished or otherwise discontinued, such employee shall be placed in a Classified position at the same level as his/her Classified gen·ice classification for "''hich, in the opinion of the Personnel Director, as approved by !he Personnel Board, he/she possess at least minimum qualifications. If there is no classification at such leveL he/she shall be placed in a Classified position at the next lO\·Wr level for which. in the opinion of the Personnel Director, as approved b) the Personnel Board, he/she possesses at least minimum qualifications. In either of such events said employee shall be placed in such Classified position with compensation within the salary range then prevailing for such classification but not lower than the salary range held by such employee when appointed to the Unclassified effiee.: The employee may elect to return or the City may elect to return the employee to the Position last held in the Classified Service, within ninety (90) work days from the first work day the employee reports to work in the unclassified position. If the employee or if the City exercises this election, the employee's length of service in the Classified Service shall not be considered interrupted provided, however, the Classified Service Act or rights under any Collective Bargaining Agreement shall not apply to any disciplinary action pending or contemplated which arises out of conduct which occurred while the employee was in the tmclassified position, and any such disciplinary action may proceed as if the employee remained in the unclassified service. The ninety (90) work days includes the first day the employee reports to the unclassified position and includes any scheduled work days thereafter whether or not the employee is absent from work and whether or not such absence is excused or unexcused, provided; however, any scheduled work day which the employee is absent pursuant to leave under the FMLA or the USSERA shall not be counted toward the ninety (90) work days. Page I 47 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 2. The employee may elect to return or the City may elect to return the employee to the Position last held in the Classified Service if the unclassified position is eliminated and/or the employee is subject to be laid off within 365 calendar davs following the employee's first day in the unclassified position. If the employee or the City exercises this election, the employee 's length of service in the Classified Service shall not be considered interrupted provided, however, that the Classified Service Act or rights under any Collective Bargaining Agreement shall not apply to any disciplinary action pending or contemplated which arises out of conduct which occurred while the employee was in the unclassified position, and any such disciplinary action may proceed as if the employee remained in the unclassified service . The employee 's first day of work in the unclassified position shall be counted as the first day or day one (1) of the 365 calendar days. 3. Any Classified employee who filled the Position vacated by the 187 Appointment of the Regular employee to the unclassified position and is 188 displaced from such Position because of the Regular employee 's or the City 's 189 exercise of the election set forth in paragraphs 1 & 2 above, shall be returned to 190 the Position in the Classified Service held immediately prior to filing the Vacant 191 Position in paragraph (a) above . If the prior Position is filled the displaced 192 employee may bump such person, who in tum may return to the prior Position, 193 and so on. 194 SECTION 8: CONTINGENT APPOINTMENT: All Appointments are contingent upon the 195 individual successfully completing all pre-Appointment requirements, if any, as detetmined by 196 the Human Resources Director. 197 Page I 48 "U .., 0 0'" ~::0 0 s:: ::J- 0> CD -<--u>< CD :::::!. 0 0. 1 RULE ¥li.U X. PROBATIONARY PERIOD 2 3 SECTION _1: OBJECT OF PROBATIONARY PERIOD: PURPOSE: The Probationary 4 period shall be regarded as Period is an intrinsic part of the examinatio nA ppointment process and 5 shall be utilized for used to closely observingevaluate the employee's \\Ork. for securing the most 6 effective adjustment of a new emplo)ee for his/her pm;ition. and for eliminating any employee's 7 performance . A Probationary employee who!.e performancewho in the sole discretion of 8 Appointing Authority does not satisfactorily meet the required standards . all Specifications may 9 be rejected by the Appointing Authority. 10 11 SECTION _2: _DISCIPLINARY ACTION AND, SUSPENSION, REJECTION OR 12 REMOVAL DURING PROBATIONARY 13 _PERIOD: During the Probationary ~Period, an employee may be suspended. reduced in 14 paysubject to Rejection or class , or removed for reasonable causedisciplinary action including, 15 but not limited to , Suspension, reduction in pay or Classification, or Removal at any time during 16 without any prior notice or warning in the Probationary period by sole discretion of the 17 Appointing OfficerAuthority . Notice of the suspension Suspension, reduction in pay or 18 slassCiassification, or removal shal!Removal must be given OOtlt-to the employee and the 19 employee and the Personnel Human Resources Director together v.ith a statement of the reasons 20 therefore. No . A Probationary employee has #leno right to appeal Re jection or any disciplinary 21 action,. or removal Removal by his /herthe Appointing OfficerAuthority for any eoosereason 22 whatsoever to the Personnel Board . The Personnel Board has no jurisdiction over Probationary 23 employees. In the case of a removai Rejection, the Personne!Human Resources Director mayshall 24 determine whether or not the name of the removed Probationary employee should be restored to 25 an eligible list;Eligible List provided that the name oK however, a person Probationary employee 26 who has been removedrejected a second time during the Probationary period or removed shall 27 not be restored to a list of eligibles . an Eligible List. 28 29 SECTION 3: REPORTS DURING THE PROBATIONARY PERIOD: The 30 PersonnelHuman Resources Director may , if he /she deems it desirable. require t!Tatthe Page I 49 31 Appointing OITicers file '.vith him/her at a designated timeAuthority to submit a performance 32 evaluation of eaehthe Probationary employee on such form as he/she may prescribe.,_ 33 SECTION _ 4:_ REGULAR APPOINTMENT AFTER PROBATIONARY PERIOD.:. 34 (a) All original appointments and probationary promotional appointments and re employment of 35 Probatior:ary employees shall be made ror a period of six (6) months , e~wept as hereinafter 36 provided . All probationary promotional appointments . made as of January 19. l973 and 37 thereafter. made 'sithin the same department in v•hich the employee has been employed for a 38 minimum of six (6) months shall be for a period of three (3) months. except as hereinafter 39 provided: provided, ho>.vever, that any and all absences totaling in excess of three (3) days with 40 pay during such three (3) month period shall be added thereto so as to extend such period by the 41 number of days of such absences. No probationary period is to be required for re employment in 42 the same. equivalent. or lo,.ver classification of an employee with Regular status. (Amended 43 8/1 8/89) 44 If an employee requests a change in departments during the probationary period, a nev• 45 probationary period wi II begin from the date of transfer . If the emplo) ee returns to the original 46 department, the first probationary period will commence from the date it ended prior to the 47 transfer. (Amended 8/1 8/89) 48 After the expiration of the required probationary period from the date of the original appointment 49 or the re employment of a Probationary employee. or from the date of a promotional 50 appointment. no salary or other compensation payment shall be made unless the Appointing 51 Officer has first filed with the Personnel Director a statement in writing that the services of the 52 employee during the probationary period were satisfactory and that it is desired that he /she be 53 continued in the service. Such statement shall contain an appraisal of the Yalue of the services of 54 the employee and if the Personnel Director so determines, may include a performance evaluation 55 upon forms prescribed by him/her. (Amended 811 8/89) 56 57 58 (a) (b) The probationary period for the classificationsAII Appointments are subject to successful completion of six (6) months Probationary Period, except as provided in these Rules. Page I SO 59 (b) The Probationary Period for the Classifications of Firefighter I, Communications 60 Supervisor, Dispatcher, Dispatcher Trainee, and Code Compliance Officer I shall be fef 61 twelve (12) months. (Amended 4/19 /9 L 12 /1 8/92) The probationary period for the 62 classifications of Police Officer and Police Officer Trainee shall be for eighteen (18) 63 months. (Amended 4/20/90)twelve (12) months . 64 (e) l(a) The original entrance or promotional probationaryProbationary Period for 65 Police Officer and Police Officer trainees shall be eighteen ( 18) months . The 66 Probationary Period for the Classifications of Police Officer and Police Officer Trainee 67 may be extended for an additional period of time up to eighteen (18) months. [SEE 68 SECTION 10 (I) of Civil Service Act) 69 (c) The Original Entrance or Promotional Probationary Period for the following 70 classificationsClassifications shall be....fe.F nine (9) months: (Amended 4/17 /92) 71 Sergeant of Police 72 Lieutenant of Police 73 Captain of Police 74 Communications Operator 75 Communications Technician I 76 Identification Technician I 77 Identification Technician II 78 Identification Officer 79 Firefighter II 80 Fire Lieutenant 81 Fire Captain 82 Deputy Chief Page I 51 83 (b) The original entrance or promotional probationary period for the follov.ing classification 84 shall be for six (6) months : 85 Complaint Operator II 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 (d) fdt-A probationaryProbationary employee v.hose employment has been terminated for other thanwho is laid off or who resigns without pending disciplinary reasons action, after he/she has served serving four (4) or more months of his/her probationary period the Probationary Period and who is rehired by the City in re- appointed to the same classificationClassification within one (1) year from the date of such termination separation shall be gtven full credit for such prior probationary Probationary time towards completion of his/her probationary period .the Probationary Period. In no event, however, is the probationary period Probationary Period to be served after such rehiringRe-Appointment to be for less than one (1) calendar month. SECTION 5: PROBATIONARY PERIOD AFTER HAVING ATTAINED REGULAR STATUSl (a) (a) Any An employee removed rejected or laid off during the Probationary periedPeriod following a promotional appointment because of failure Promotional Appointment to meet the required •.vork standards of an Appointing OtTicer, or •Nho is removed at the conclusion of the Probationary period following a promotional appointment b~ reason of failure of an Appointing Officer to file a statement that his /her services v;ere satisfactory,a higher Classification shall be reinstated in re-appointed to the position Position from which helshethe employee was promoted, even thoughif the lay- o#Layofi of the employee cunently occupying hisl herthe former position Position is necessary . (b) AnyAn employee removed rejected during the Probationary periedPeriod following a promotional appointmentPromotional Appointment to a higher Classification for reasons which, in the opinion of the Personnei Human Resources Director, constitute groundssufficient cause for removal,Removal as provided in Section 2 of Rule X XI, Sections 2 and 6 , shall be considered as removed and removed. If such employee is not part of a collective bargaining unit, the employee Page I 52 112 shall have the right to appeal such Removal from the City to the Personnel Board as provided 113 therein. 114 (b) (e) Whenever any Regular employee receives a Probationary appointment 115 because of certification from an eligible list and is not appointed to Regular statw; in the 116 classification for which he /she '>'>m; seP•ing a Probationary period. he /she but such appeal 117 shall be reinstated in not have the position from v.hich he /she held Reg'..IIar status 118 immediate!) precedingright to appeal the commencement of Appointing Authority's 119 determination that the Probationary period. even thought it is necessary to Ia) off the 120 emplo) ee occupying his /her fom1er position employee did not pass probation . 121 SECTION 6: ABSENCES DURING PROBATIONARY PERIOD!. 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 (a) fat-All absences during a probationary perio dP robationary Period shall extend the date of completion of the probationary periodProbationary Period in time equal to the amount of time absent, except that the first thirty (30) days of an absence for non-service connected injury or illness or the first sixty (60) days of an absence for a service connected injury~ shall not extend the date of completion of the probationary -perted Probationary Period if the employee furnishes to is on approved FMLA leave. or if the Personnelemployee provides to the Human Resources Director proper medical evidence as to the nature and extentexistence of the an illness or injury within two (2) weeks after the injury or illness commences . or as otherwise required by USERRA or other law . (b) fb)--During an original entrance probationary period Original Entrance Probationary Period , any consecutive absence in excess of three (3) weeks, except for an approved absence in connection with an-illness or injury as provided in sub-paragraph (a) above or an absence which is otherwise provided for by law, shall automatically cancel the probationary appointment. except that uponProbationary Appointment. If. however, the Appointing Authority submits a written request of the Appointing Officer. such to the Human Resources Director and obtains the Human Resources Director's approval, the appointee may be retained . and his/her probationer) period . The Probationary Period shall continue from the date of his/he1-1he return to duty-; if absence is due to military Page I 53 141 leave under USERRA . In the event such consecutive absence . except for an approved 142 absence or injury as proYided in sub paragraph (a) above. exceeds ninety (90) days, the 143 probationary periodProbationary Period shall be automatically terminated.,., except for an 144 approved absence. illness or injury as provided in sub-paragraph (a) above or as 145 otherwise required by USERRA or other law. 146 (et-During a promotional probationary periodPromotional Probationary Period, any consecutive 147 absence in excess of six (6) weeks, except for an approved absence in connection with an illness 148 or injury as provided in sub-paragraph (a) above or an absence which is otherwise provided for 149 by law, shall automatically cancel the probationat') appointment. e>(cept that upon terminate the 150 Probationary Appointment. lf, however, the Appointing Authority submits a written request ef 151 the Appointing Ofticert o the Human Resources Director and obtains the Human Resources 152 Director's approval , such appointee may be retained. and his/her probationar~ period . The 153 Probationary Period shall continue from the date of his/he rthe return to duty.,. if absence is due to 154 military leave under USERRA . In the event such consecutive absence exceeds six (6) months, 155 the Probationary Period shall be automatically terminated, except for an approved absence-,_ 156 illness, or injury as provided in sub-paragraph (a) above . the probationaf) period shall be 157 automatically tem1inated or as otherwise required by USERRA or other law. 158 SECTION 7: NON-APPLICABILITY OF PART-TIME SERVICE: Service in a part time 159 capacity does not apply to, nor lessen the length of, the Probationary Period for that position. Page I 54 1 2 RULE X. DISCIPLINARY ACTIONS 3 SECTION 2: REMOVALS: 4 ~1: PURPOSE: Any Appointing OfficerAuthority may remove take disciplinary action against 5 a subordinate employee under his /her jurisdiction in the Classified 8ervice at any time for any 6 cause which will promote the efficiency of the seP•ice. Before the effective dote of any such 7 remo,.,aL City a determined by the Appointing Otlicer shall give the affected employee and the 8 Personnel Director a written statement of the reasons for such remoYal. The Personnel Director 9 may thereupon investigate such remoYal in order to be apprised of the factors causing such 10 remoYal and to aid in the elimination of such factors.Authority provided, however, that any 11 action involving loss of time, pay or benefits, must be submitted in advance to the Human 12 Resources Director who will make a recommendation to the City Manager as to whether or not 13 the disciplinary action should be approved. rejected or modified . 14 (b) The follo•ning acts of employees shall be deemed sufficient cause for removal: 15 .J-.SECTION 2: GROUNDS FOR DISCIPLINARY ACTION: 16 (a) Sufficient cause is required for the Human Resources Director to issue an Intent 17 to Discipline. The Intent to Discipline shall list the grounds of alleged misconduct which, 18 if sustained. will result in Final Action to Discipline including, reduction in pay. 19 Suspension, Demotion and/or Removal. Grounds for misconduct include, but are not 20 limited to. if an employee: 21 1. Has been convicted of a criminal offense or misdemeanor involving 22 turpitude:. referred to a pre-trial intervention or diversion program. pled guilty, 23 entered an admission of guilt or otherwise received a withhold of adjudication, or 24 has been guilty of an immoral arrested or charged for any criminal ~offense or 25 of conduct involving moral turpitude. I 26 27 28 :.;2•=---_2.-Has willfully violated any of the provisions of the Civil Service Act or of these Rules or Work Rules, or has attempted to or does~ commit any act or acts intended to nullify or mitigate any any of the provisions thereof. Page I 55 29 or the provisions thereof. 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 ;::;..3''---J.---..Has been guilty of conduct unbecoming an employee of the City ~,. including. but not limited to. failure to report a felony indictment or other criminal action that may be job related. failure to report knowledge of or reasonable basis of suspicion, of another employee 's theft of time, money, property, fraud. embezzlement or corruption. ~4.'--_-h--Has violated any lawful and reasonable regulation or order, or failed to obey any lawful e-mnd reasonable direction made and given by directive from a superior where such '• iolations violation or failure to obey has or might resHlt resulted or may have resulted in loss or injury to the City, the public , or to persons or property in the custody of the City. .;::;..5·'---~Has engaged in any of the following: (a) Has been intoxicated or under the influence of intoxicants or narcotics while on duty or while wearing a City furnished uniform, whether on or off duty. (b) (b) If an employee sworn in as aHas imbibed any amount of any intoxicant. narcotic. alcohol, illegal drug. or controlled substance, has tested positive for any intoxicant, alcohoL narcotic . illegal drug or controlled substance, or has used any amount of any narcotics. alcohoL illegal drug . or controlled substance. during duty hours if the employee is a sworn Police Officer, an employee of the Fire Division detailed to fire fighting apparatus , or an employee responsible for the operation of an automobile , truck , tractor, bulldozer, roadgrader, roadroller, crane, or other such power equipment. has imbibed any amount of any intoxicant. or used narcotics. during duty hours . .:. (c) (e) If an employee has in his /her possession.Has failed to report a citation, ruTest or notice to appear for ruw moving violation if the employee is a sworn Police Officer, an employee of the Fire Division Page I 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 detailed to fire fighting apparatus, or an employee responsible for the operation of an automobile, truck, tractor, bulldozer, roadgrader, roadroller, crane, or other such power equipment. (d) Has tested positive or is in possession and/or is using, dispensing, or selling any illegal drug or controlled substance not prescribed by a licensed physician, whether on or off duty. (Adopted 9/18/92) (d) _Has tested positive or used and/or possesses alcohol during duty hours. (Adopted 9/1 8/9?) ..;;..6';....._-~Has contracted some~ mental , psychological or physical ailment or defeetcondition which incapacitates him/her for usefulness in prevents the Gtty service. employee from performing the essential functions of the Position with or without reasonable accommodation. -'-'7.;.___+.----Has been guilty of acts which amount to insubordination . 8. insubordinate. """'8.'--_Has been wantonly offensive in his/her conduct or language toward the public, tov.ard City officers, superiors, or toward other employees. .::..;9•;.___9.--Has been incompetent, negligent or inefficient to such an e>\tent that flels.he and /or has received two consecutive overall performance evaluations of Improvement Needed, Unsatisfactory, or a any combination thereof. 10. .J-0...-..IsHas been careless , inefficient, or negligent efwith the time, service equipment materials, property or anything of value of the City ; or, steals, misplaces,.:. 11. Has stolen, misplaced or misuses misused time, services, equipment, materials, property or any other thing of value belonging to the City-;-, including the authority accorded by the employee's Position. Page I 57 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 12. -1--h-Has used or threatened to use , erattempted to use or used political influence in securing promotion Promotion, leave of absence , transfer or change of e+ass Classificalion , pay or character of work. 13. -1-~.--Has violated the provisions of the Conflict of Interest Ordinance of the City of Miami Beach. 14. 13 . Intentional falsification o ll-las falsified a time record or failure failed to report absences absence from duty to hi:,,'her superior in accordance with prescribed procedures. 15. 14.--Has been absent from duty without approved leave of absence from his/hertbe Appointing OfficerAuthority, or contrary to prescribed procedures, or has failed to report after a leave of absence has expired , or within a reasonable time after such leave of absence shall haYe has been revoked or cancelled . if an extension of such is not otherwise required by law . 16. -1-S.-Has been excessively absent or habitually tardy or has refused to perform a reasonable amount of work when directed to do so . 17. -14.-Has engaged in any activities prohibited under the provisions of Rule I, Section 3,-of these Rules. 18. 17. That he/she is Has been antagonistic in his /her attitude toward his/her superiors or k!tewother employees , criticizingcriticizes orders or rules issued and policies adopted by his/her superiors, or so conducts him/herself as to interfere interferes with the proper coordination of the City's employees ef.-the Gtty--to the detriment of efficient public service. 19. .J-&-Has been guilty of actions which amount to disgraceful conduct while on or off duty. 20. -1-9.--Has willfully refused or failed to appear before any grand jury, court, or judge, or officer, board or body authorized by law or the City Commission to conduct any hearing or inquiry relative to the official duties of such employee , or Page I 58 109 has refused and continues to refuse to answer any related questions concerning 110 hisAH~r official duties which have been asked him /herof the employee as part of an 111 official hearing or inquiry by the head of his/her departmenlAppointing Authority, 112 the City Manager or by any other person authorized by the City Commission or 113 the City Manager to conduct such hearing or inquiry , unless refusal to do so is 114 otherwise protected by law. 115 20. lias been guilty of violating the pro·, isions of Rule L geclion 3(d)2. 116 21. 2-h--Has been guilty of gross negligence or gross inefficiency in the 117 performance or his /herof duties, where such negligence or inefficiency has er 118 might result resulted in loss or injury to the City, the public, or to persons or 119 property affected thereby. 120 (e) Any Regular employee in the Classified gervice may appeal a removal according to the 121 procedure established by gection 9 of the Ci\ il gervice Act and by Rule XI, APPEALg FROM 122 DlgCIPLlNARY ACTIQNg. 123 124 125 126 127 128 129 130 131 132 133 134 135 22. Has engaged in or failed to report unlawful harassment, discrimination or retaliation. 23. Has engaged in or failed to report any violation of law or ethics. 24. Has violated the provisions of Department rules . 25. Has made a false statement or material omission in the application for employment. promotion. advancement wage increase. or other term or condition of employment; has made a false statement or material omission during an investigation; has made a false statement or material omission in any documentation. 26. Has had an excessive number of accidents resulting in personal injury, or injury to self. others or property, or other violation of safety practices. 27. Has a Position that requires the operation of a motor vehicle m the performance of duties, is a sworn police officer, an employee of the Fire Division, Page I 59 136 137 138 139 140 141 142 143 144 145 146 detailed to fire fighting apparatus, or an employee responsible for the operation of an automobile, truck, tractor, bulldozer, roadranger, roadroller, crane, or other power equipment, and has had driver's license or driving privileges suspended or revoked: has failed to wear corrective lenses as required by Rule XVII, Medical and Physical Standard. 28. Has a Position requmng a valid driver 's license or valid specialized license, and has failed to obtain or maintain such license or allowed it to lapse or has had restrictions imposed by operation of law. 29 . Has engaged in a physical altercation outside the lawful exercise of duties with either other City employees or the general public, regardless of provocation. 30. For any other just cause. 147 SECTION ~.2.:._ REDUCTION IN 8ALARYPA Y: 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 (a) (a) The Appointing Officer, vt'ith the Subject to approval &fu_y the City Manager, an Appointing Authority may reduce the salafywage of an employee under his/her jurisdiction within the salary range for the classitication for a disciplinary purpose or when the quality of work or an employee is of lev. se~·ice value and employee 's perfonnance does not conform ~to the required standards. Appeals iffimSpecifications, Job Description, Work Rules, Department Rules or for other just cause . Any such action may reduction must be taken bj the employee under submitted in advance to the procedure provided by Rule XI of these Rule!;.Human Resources Director who wil l make a recommendation to the City Manager as to whether or not the reduction should be approved, denied or modified. (b) (bt-In the event that an employee's salafywage is reduced for isciplinary purpose, such reduction in satafyQ.ID: shall not exceed five percent (5%) of the ~age of such employee , OOF and shall continue for a period the length of more than ninety (90) days from the effecti'> e date of such time the employee remains in that Position ; however, the reduction, and such reduction or an) portion thereof may be H-fteti adjusted by the Page 160 163 164 Appointing Authority , with the approval of the City Manager, at any time during such period of reduction . .:. 165 (c) The procedures established by Rule XIII Appeals from Disciplinary Action shall 166 apply in case of appeals from reduction in pay of classified employees not in a coJlective 167 bargaining unit. 168 SECTION _ 4: _DEMOTIONS: A transfer in the Classified ~en ice reduction of employment 169 status from a position in a higher elassClassification to a position in a lower class shall be 170 deemed a demotion Classification is a Demotion . 171 a) ~ubject to the provisions of Section 9 of the Ci' il Ser.·ice Act and Rule XI of these Rules, an 172 Appointing Officer may demote an employee vvhose ability to perform his /her duties falls below 173 standard or for disciplinary purposes . All demotions shall be reported to the Personnel Director 174 in sufficient time before the date it is intended that they become effecti..-e so that the Director 175 may make such investigations of the circumstances as he /she may consider necessary. '.Vhere 176 such action would in his/her opinion be in the best interests of sen ice, the Personnel Director 177 shall attempt to arrange the transfer of the affected emplo~ee to a position under the jurisdiction 178 of another Appointing Officer. A transfer under such circumstances shall be approved b~ the 179 Director and the Appointing Officer having jurisdiction over the position to 'Nhich the employee 180 is to be transferred, but not necessarily b~ the Appointing Officer intending to etfect the 181 demotion . 182 {!L_t-.-Subject to approval by the City Manager, an Appointing Authority may Demote 183 an employee for disciplinary purpose or when the employee's performance does not 184 conform to the required Specifications, Job Description, Work Rules, Department Rules 185 or for other just cause. Any request for a Demotion must be submitted in advance and in 186 writing to the Human Resources Director who will make a recommendation to City 187 Manager as to whether or not the disciplinary action should be approved, denied, or 188 modified. 189 The PersonnelHuman Resources Director may demote place an employee"" to a vacant Position at 190 the request of such employee, after the Director ha s made such an investigation of the 191 circumstances of the request as he /she rna~ consider necessary. proYided, hov.·ever, that such Page I 61 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 employee possesses the minimum qualifications for appointment to the position to v•hich he /she is to be demoted. and provided further. that the Appointing Ofiicer in v>hose jurisdiction such employee is employed approves such demotion. (b) 2. In the event of a request for demotion by an employee and when such action would. in his/her opinion be in the best interest of the service, the Personnel Director may arrange the transfer of the affected employee the Human Resources Director may deem necessary. The Human Resources Director may arrange the placement of the employee to a positionvacant Position under the jurisdiction of another Appointing Officer. N-e Authority. However. no such transfer. hov1ever. shall placement will be made unless approved by both the Personnel Director and the Appointing Officer ha'. ing jurisdiction over the position to v;hich the demoted employee is to be transferred . Il shall not be necessru') to obtain the approval of the Appointing Ofticer from 'Nhose jurisdiction such employee has been transferred , but notice Human Resources Director and the prospective Appointing Authority. Notice of such proposed demotion and transfe rplacement shall be given to suefithe current Appointing OfficerAuthority by the Personnei Human Resources Director at least ten (10) days before the same shall become placement becomes effective, unless said notice is waived in writing by suefithe current Appointing OfficerAuthority . (c) (b) At his /her discretion and The Human Resources Director. with the consent of the prospective Appointing Officer. the Personnel DirectorAuthority, may permit the demotiondemote an employee to a vacant position Position as a substitute for a lay off: or t-he-Layoff. The City Manager may require tfl.a.t-such action be taken . ..,·here he /she deem s if the City Manager determines it te--be is in the best interest of the !ierviceCity. Any employee so demoted shall have his /her name be placed on the Re-Employment List for the Classification from which fle.lshe the employee was demoted as pro·t'ided in cases of lay off. No . An employee shall not be demoted to a position Position for which hefshethe employee does not possess the minimum qualifications Specification. as determined by the Human Resources Director. (d) (e) In case of appeals from demotions made for disciplinary purposes. theThe procedure established by Section 9 of the Civil Service Act and b) Rule XI. APPEALS FROM DISCIPLINARY ACTION Rule XIII. Appeals from Disciplinary Action, shall Page I 62 222 apply in case of appeals from Demotions made for disciplinary actions of classified 223 employees not in a collective bargaining unit. 224 RULE X. SEPARATIONS 225 SECTION ¥.~ SUSPENSIONS ~ 226 (a) (o) An Appointing OfficerSubject to approval by the City Manager, an 227 Appointing Authority may Suspend an employee for disciplinary purpose or when the 228 employee 's performance does not conform to the required Specifications, Job 229 Description, Work Rules or department rules or for other just cause . Any Suspension 230 must be submitted in advance to the Human Resources Director who will make a 231 recommendation to the City Manager as to whether or not the disciplinaty action should 232 be approved, denied. or modified . 233 Subject to the approval by the City Manager. an Appointing Authority may suspend an employee 234 in the Classified Service at any time for the good of the service, for a disciplinary purpose. or for 235 other just cause. 236 l. If the suspension is for a period of 3 days or less the Appointing Officer is e>ccused from the 237 process on Rule XI, Section I (a), (b), (c). and (d). 238 2. If the suspension is for a period of more than 3 days, the Appointing Officer must follov.· the 239 procedures as set forth in Rule XI, Section I (a), (b), (c), and (d). 240 241 242 243 244 245 246 247 248 249 (b) (b) ,t\nywhenever an employee in the Classified Service v1ho has been indicted, er informed against in an) Federal Court. or in a court of any state of the United States, may be forth..., ith suspended by his/her Appointing Officer., or otherwise charged in any state or federal court and the Hun1an Resources Director determines the matter to be job related or to cause a potential conflict of interest. Such suspensionsSuspension may continue until the acquittal or conviction of such employee . The maximum I imitations for the duration of suspensions, as hereinbefore set forth, shall not apply to suspensions based upon information or indictments. If the indictment or information against such employee is quashed. and the charges dropped by the prosecuting authority, ~uch action ~•hall be deemed an acquittal hereunder. If a finding of guilty is entered against such Page I 63 250 251 252 253 254 255 256 employee and adjudication is v.ithheld under the proYisions of Chapter 918. Florida £tatutes, such finding shall be deemed u conviction hereunder. Acquittal Ghall entitle such employee to reinstatement and recovery of all wages and emoluments lost by reason of such suspension. but conviction or such employee shall be grounds for removal in accordance with the provisions of Section 2 (b) 1 of this Rule or until the case against the employee has been otherwise resolved . (c) In the event that the lf an employee requests a continuance based upon suehan 257 indictment-& .. information or other charges and tfl.at-the continuance is granted, sate-the 258 employee shall waive any and all rights to wages and emolumentsall other benefits and 259 terms and conditions of employment lost by reason of such continuance from the date of 260 said continuance until the date of hearing before the Personnel Board acguittal. 261 (e) Any emplo)ee ·;.he engages in a physical altercation outside the lav+ful eJ(ercise of his/her 262 duties with either other City employees or the general public, regardless of pro'+·ocation. shall be 263 SUSpended for a period of not less than three 't'iOrlxing days. 264 (d) £uspensions shall be immediate!; reported to the Personnel Director who may investigate the 265 circumstances surrounding the suspensions. 266 (e) Any Regular employee in the Classified SerYice may appeal a suspension according Lo the 267 procedures established by £ection 9 of the Civil £ervice Act and by Rule XI. APPEAL£ FROM 268 DISCIPLINARY ACTION . 269 (d) The procedure established by Rule XIII. Appeals from Disciplinary Action shall 270 apply in case of an appeal from Suspension made for disciplinary action of classified 271 employees not in a collective bargaining unit. 272 SECTION 2-f _fu_ REMOVALS: 273 (a) Any Appointing Officer may remove a subordinate employee under his /her jurisdiction in the 274 Classified £ervice at any time for any cause which will promote the efficiency of the sef\ ice. 275 Before the effective date of any such removal. the Appointing Officer shall give the affected 276 employee and the Personnel Director a ·...-ritten statement of the reasons for such removal. The Page 164 277 278 279 280 281 282 283 284 285 286 Personnel Director mn) thereupon investigate such remo,. al in order lo be apprised of the factors causing such removal and to nid in the elimination of such factors. (a) Subject to approval by the City Manager, an Appointing Authority may remove an employee for disciplinary purpose or when the employee's performance does not conform to the required Specifications, Job Description, Work Rules or department rules or for other just cause. Any Removal must be submitted in advance to the Human Resources Director who will make a recommendation to the City Manager as to whether or not the disciplinary action should be approved, denied, or modified . The procedures established by Rule XIII. Appeals from Disciplinary Action shall apply in case of appeals from Removals of classified employees not in a collective bargaining unit. Page I 65 1 RULE lXXI. TRANSFERS, ASSIGNMENTS, PROMOTIONS, DEMOTIONS 2 3 SECTION 1: TRANSFERS.:. 4 (a) ORC,A..NIL'\TIONAb TRANSFERS 5 Classification Transfer: The transferTransfer of an employee from a position Position in one 6 €-lass Classification to a Position in another position in Classification for which the same class 7 under another Appointing Officer shall be called an organizational transfer,employee is qualified 8 and for which the san1e maximum rate of pay has been established, is called a Classification 9 Transfer and may be made 'Nith the consent ofQ.y the Appointing OfficersAuthorities involved 10 and the Personnel Human Resources Director prO'• ided, hmvever. that such transfer shall not 11 become effective until it has been approved b) the Personnel Board at a regular meeting after 12 \\ ritten notice to the effected employee by the Personnel Director at least seven (7) days prior to 13 such approval , or, in any event v•here whenever the City Manager deems such action to be for 14 the good of the service . 15 (b) CLASS TRANSFERS 16 (a) The transfer or an employee from a position in one class to a position in another 17 class for ... .,hich he /she is qualified and for \\hich the same maximum rate of pay has been 18 established. under the ~;arne Appointing Officer. is called a class transfer and may be 19 made by the Appointing Officers involved and the Personnel Director, or in any event 20 .,..,here the City Manager deems such action to be for the good of the service.Service. No 21 class transfer shall be made v•i~hout the written consent of the employee 22 concerned Ciassification Transfer which requires an employee to transferTransfer from 23 his/he rt he employee 's existing regular pension system or relief and pension fund to any 24 other, or which renders such employee ineligible to remain in or participate in benefits of 25 his/herthe employee's existing regular pension system or relief and pension fund-:- 26 (/\mended 5/20 /88), shall be made without the written consent of the employee. 27 1. Howe\er, an employee so transferred under this Section shall be con~;idered eligible for a 28 period of one year from the date of such transfer to participate in such e~(amina:tions as are Page I 66 29 promotional from the classification from 'Nhich he/she vias transferred. ln like manner. an 30 employee so transferred shall be considered ineligible for a period of one year from the date of 31 such transfer to participate in such e><aminations as are promotional from the classification to 32 which he/she has been transferred. 33 (b) Organizational Transfer: The Transfer of an employee from a Position in one 34 Classification to another Position in the same Classification under another Appointing 35 Authority shall be called an Organizational Transfer. and may be made with the consent 36 of the Appointing Authorities involved and the Human Resources Director. 37 SECTION 2: ASSIGNMENTS 38 Pursuant to applicable provisions of negotiated agreements betv.een the respective certified 39 bargaining agents and the City of Miami Beach. the transfer of an employeeO UT O F 40 CLASSIFICATIO N ASSIGNMENT: The assignment for a temporary period from a 41 positionPosition in one e+ass Classification to a positionPosition in another elassClassification 42 having a higher maximum rate of compensation, or with the consent of the affected employee to 43 another e+ass Ciassification having a lower maximum rate of compensation under the same 44 Appointing OfflcerAuthority, is an assignmentAssignment and may be made in order to bring 45 about a better distribution of persons in the sen iee Service to effect economies or to provide 46 training. 47 (o) Request for the assignment of an employee shall be made in v.riting to the Personnel Director 48 stating reasons and approximate length or time for v>hich assignment is to be made by the 49 Appointing Officer or Officers affected. No employee shall be assigned 'nhen an eligible list so e>(ists for the classiiication in which an assignment is to be made until the persons on the eligible 51 list have refused to accept the appointment Except that any ernplo~ee may be temporarily 52 assigned out of class for a speci fie shift where an eligible list exists for the classification in 53 which the assignment is to be made irrespective of the eligibility list existing ( l) ,,.,here no person 54 on the eligible list is on duty for ~hat specitic shift. or (2) where the eligible employee has 55 refused to accept the appointment. This out of class assignment shall be I imited to that speci fie 56 shift. That specific appointment shall be made solely within the discretion of the Appointing 57 Officer. No appointment shall be made without the approval of the Personnel Director. and no Page I 67 58 employee shall be ast;igned to a position involving duties for which he/she it; not qualified as 59 indicated by his /her e?iperience, training and recon1 or t;en ice. 60 (a) (lJ) /\ssignmentli to a higher elat;s or higher compensation may be limited to a 61 ma)(imum of three (3) montht; in an) lwelvt:! (12) month period . In those instances v•here 62 such assignments are deemed necessary to provide for the health, safety. and ,.,elfare or 63 citizens and 1or employees. an Appointing Officer may request. with sullicient 64 justification. a three (3) month extension of an assignment and. if v.arranted. may be 65 approved by the Personnel Director. Any employee so assigned to a higher Classification 66 will receive the pay of the higher Classification. 67 (b) Any employee so assigned to a lower Classification will maintain the current pay 68 or not be decreased. 69 The time an employee spends Ufl€lef in such assignmentsAssigtm1ent shall not be used for 70 computing any rights in the higher classificationClassification to which hefsflethe employee may 71 be so assigned. (Amended 1/20/89) 72 (c) (e) Vacant positions cannot be fi lied "vith assigned employees for a period of time 73 e)tCeeding eighteen ( 1 8) months . (Amended 1 /20/89) 74 SECTION 3: .PROMOTIONS: A transfer in the Classified ServiceAn increase in employment 75 status from a positionPosition in a lower cfa.s.s Classification to a positionPosition in a higher 76 class shall be deemed Classification is a promotion .Promotion. No promotionPromotion shall be 77 made except as a result of examination as provided in these Rules : provided. however. that.:. 78 However, the Personnei Human Resources Director. upon recommendation by the Personnel 79 Board. may eliminate competitive testsexaminations in specific categories as set forth in Section 80 81G of Article XIV of the related laws Subpart 8 ofthe Related Special Laws ofthe Code of City 81 of Miami Beach. Under such latter circumstances, the noncompetitive test If competitive 82 exan1inations are eliminated, the Promotion shall be based upon the Specifications. skill, ability, 83 a-00--qualifications of the employee and his/her, length of service, as-performance evaluation. 84 disciplinary history. and such tem1 is defined in Rule X, Section 4(a). Page 168 85 Transitional employees ha' ing the qualifications. as announced, for promotional examinations 86 for positions in the regular v.ork force of the City shaJl other factors as may be eligible to take 87 such promotional examinations. Upon appointment thereto and successful completion of the 88 required probationary period. such transitional employee shall become a part of the regular work 89 force of the City and shall no longer carr~ the cla~;si fication designation of "transitional" .deemed 90 relevant by the Human Resources Director. Page I 69 1 RULE iitX,.-. -~SH<E7f'P~A~R~"~ .. THI~0~-PN~S 2 SECTION 3:XII. RESIGNATIONS t AND LAYOFFS 3 (at-SECTION 1: RESIGNATIONS: 4 5 6 7 8 9 10 11 12 13 14 15 (1$ 17 18 19 20 21 22 23 (a) Any person who has satisfactorily sened voluntarily withdraws as a Regular employee in the Classified Service , whose service has been satisfactory, and ~ voluntarily withdraws from sef\ icethe Service after submitting a written resignation and withdraws, while in compliance with all attendant requirements of the Appointing OfficerAuthority and the Personnel Human Resources Director shall have his/her name placed on the Reemplo)·ment List and his /her service shall not , and who further declines to accept the Leave Settlement, may be considered as discontinued unless he /she shall request, in writing, that his /her name be removed from such Re employment List or unless such Re employment List shall expire by limitation, in \Yhich case he /she shall forfeit all his/her Civil Service rights and shall be eligible for future employment only through original entrance procedures.re-employed. (b) Any person who voluntarily withdraws as a Regular employee in the Classified Service, whose service has not been satisfactory or who fails to submit a written resignation or who fails to comply with the attendant requirements of the Appointing OfficerAuthority and the Personnei Human Resources Director or who accepts the Leave Settlement, shall forfeit all · ivil Service rights and shall be eligible may apply for future employment only through original entrance Original Entrance procedures. (c) Employees who resign from employment after the institution of disciplinary 24 action are subject to disqualification from re-employment under Rule VL Application and 25 Examination. Section 5. 26 SECTION 4: LAY OFFS 2: LAYOFFS : 27 (a) (a) Pursuant to applicable pro\·ision:, of negotiated agreements between the 28 respective certilied bargaining agents and the City of Miami Beach, an) An Appointing 29 OfficerAuthority may reduce the number of employees or Positions in any class or Page I 70 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 55 56 57 58 59 classes whenever he/she deems it necessaryClassification because of materia ll ack of work, lack of funding, changes in job duties--eF . changes in organization , or because of shortage of work funds . i\fter a study or for other legitimate reasons. Upon investigation and recommendation by t he Personnel Human Resources Director, the City Manager shall decidedetermine whether only the employees of the Appointing OfficerAuthority concerned shall be considered in making such Ia; offfor Layoff or whether the Gity service as a Service in whole or in part shall be considered. In conformance ·nith the decision of the City Manager, the Personnel The Human Resources Director shall inform the Appointing Officer or OfficersAuthority as to the order in which the-employees +n such class or classes shall be laid off. Effect should be given in making this determination t&-theThe employee's length of service of the employees and the value of such service. For the purpose of this Section, "length of serYice" shall be defined as an employee's length of continuous paid time dating from his/her last date of hire , skills, qualifications, ability to perf01m the work available, performance evaluations, disciplinary history, and any other factors deemed relevant will be considered in determining the order of Layoff. A written notice of lay ofiLayoff containing the reasons thereforetherefor shall be handed provided to each Stteh-employee or mailed to his/her electronically or otherwise to the last known place of residence . address. In determining the order of lay offLayoff m each class or classes, transitionai Classification, Temporary employees shall be considered as a separate entity and the length and relative value of service of the employees in such transitional class or classesTemporary status shall be comparable only among such transitionalTemporary employees of such class or classes Classification. (b) fbt-No Regular or Probationary employee in a e-1-ass Classification shall be laid off so long as any emergency Emergency or ProvisionalTemporary employee is employed in the same class, in the same organizational unit Classification, or any other organizational uilit:Classification to which transfersTransfers can readily be made, in the opinion of the City Manager. readily be made . .:. Furthermore, all employees in a e-1-ass Classification who have not served completed an original Original Probationary f*Fled Period shall be laid off before any Regular employees in the same e-J.a.s.s,;.Classification. In the event of further Page I 71 60 61 62 63 64 65 66 67 68 69 reductions in force , employees will be laid off or reduced in clas!li fication Classification in accordance with tfl.eH:--length of service and their, kills, qualifications, ability to perform the work available , performance evaluations, disciplinary history, and any other factors the Human Resources Director deems relevant. When two or more employees have equal skill , ability and qualification qualifications, ability to perform the work, which include performance evaluations and disciplinary history , the employeefs-t with the least length of service will be the first laid off or reduced in classification.demoted . No employee shall be laid off or demoted without receiving one week's notice prior to the effective date of layoff. Layoff or Demotion. (c) (e) The Personnel Director may, 'Nhen he /she deems it When deemed to be in the 70 best interest interests of the service.City, the Human Resources Director may require that 71 employees in a lower e-J.a.ss Classification be laid off when employees in a higher 72 e-1-assCiassification who are willing and qualified for the work of the lower 73 e-1-ass Classification would otherwise have to be separated from the service laid off. 74 (d) (tit-Length of service in the employment relationship shall be terminated when a 75 Regular employee: 76 i quits voluntarily: 77 ii 1. resigns; 78 2. is laid off for more than one year or laid off and accepts Leave Settlement; 79 iii3 . is terminated for cause; 80 i¥4 . retires or is retired ; 81 v-5 . fails to return to work at the expiration of any approved leave of absence-;-~ 82 unless otherwise prohibited by law: or 83 v-i 6. fails to report to work within fi\·e (5) work seven (7) calendar days after the 84 date of written notice of recall to work after a Ia) oftLayoff given by the City by 85 electronic, certified or registered mail and addressed to the employee at his /het the 86 last address appearing on the records of the City .in Human Resources. It shall be Page 172 87 the employee's responsibility to provide the Git;'Human Resources Director with 88 his/her~ current residential and email address . 89 (-e)-Any person who has served satisfactorily as a Regular employee in the Classitied Service or 90 as a Probationary employee .:...and who is laid off as provided in this Section and who does not 91 accept the Leave Settlement, shall have his /her name be placed on the ReemploymentRe- 92 Employment List and his /her. The employee 's length of service shall not be considered as 93 discontinued .. unless helsflethe employee shall requesh in writing . that his /her name JQ_be 94 removed from such Rere -employment List , accepts the Leave Settlement or unless such Re- 95 employmentEmployment List shall expire by limitation. in v.hich case he/she then, the employee 96 shall forfeit all his /her Civil Service rights and shall be eligibleEligible for future employment 97 only through original entranceOriginal Entrance procedures. When there is a recall from the Re- 98 employment mployment List , employees laid off >t\ith seniority in length of service off will be 99 recalled in inverse order to their lay oil provided they are. atdetermined by the ttmeHuman 100 Resources Director after consideration of recall, quali fied length of service, skills, qualifications, 101 ability to perform the work-i-n. performance evaluations, disciplinary history, and any other 102 factors the classification to v•hich they are recalled Human Resources Director deems relevant. 103 Page I 73 1 2 RULE X-l XIII. APPEALS FROM DISCIPLINARY ACTION 3 SECTION 1: _RIGHTS OF REGULAR EMPLOYEES ~ 4 (a) (-at-Whenever the Appointing OnicerAuthority of any Regular employee 6f 5 onicer in the Classified Sen ice determines that there are reasons for removal. 6 suspensiOn. or reduction in pay , Suspension, Demotion or e+ass Removal of such 7 employee or officer. such the Appointing OnicerAuthority shall notify the Gtt;: 8 ManagerHwnan Resources Director, the City Attorney,Manager and the Personnel 9 DirectorCity Attorney in writing thereof as quick!) as is practicab le. prior to the intended 10 action . fit the event such [HRJ 12 (b) The written notice of intent required by paragraph (a) above shall state the type of 13 disciplinary action to be considered, the reasons therefor and shall be given to the 14 employee or officeremailed or mailed to the employee's place of residence . A copy of 15 such notice shall be submitted to the Human Resources Director. 16 17 (c) If an employee is relievedreleased from his/her dutiesduty by his/he rthe 18 Appointing OfficerAuthority pending suspension. reduction. or removal, the notification 19 to the the investigation for disciplinary action, the Appointing Authority shall provide 20 written notice to the Human Resources Director, the City Manager, the City Attorney, 21 and Personnel Director. as required b) paragraph (a) above. shall be given the employee. 22 within not more than 24 hours after such retiefrelease from duty. 23 (e) Within not more than 30 days after the giving of the notification required by paragraph (a) 24 above. \Hitten notice of suspension. reduction or removal. as the case may be, stating the reasons 25 therefore, and the date from v.hich such action is effective, shall be given to such emplo) ee or 26 ofticer or mailed to his /her usual place of residence. A copy of such notice shall be submitted to 27 the Personnel Director. 28 (d) In the event that good and sufficient reasons exist making it impractical or impossible to give 29 or mail such written notice to said employee within said period of 30 days, as required by Page I 74 30 paragraph (c) above. the Personnel Board. in its discretion. upon application and upon good 31 cause being shov.n, rna) extend the period for the giving or mailing of s uch notice for an 32 additional period not to exceed 30 days . 33 SECTION _2:_ REQUEST FOR APPEALS HEARING: An) officer orA Regular employee 34 not covered by a collective bargaining agreement may appeal from suefithe above disciplinary 35 action within ten (1 0) calendar days after the delivery or mailing to him/her of such written 36 notice, by filing a written request for a hearing tebefore the Personnel Board ffi with the Office of 37 the Personnel Human Resources Director.-lf The written request shall contain the employee 's 38 nan1e. Position. the tenth day falls on a Saturda) or Sunda). he/she will havedisciplinary action 39 the ability to file for an appeal onemployee is appealing. and a brief explanation as to why the 40 following Monday. (Amended 8/? l/86)employee is appealing the disciplinary action. The 41 employee may also attach supporting documents. 42 SECTION _3: APPEALS HEARING FOR DISCIPLINARY HEARING ACTION BY 43 44 45 46 47 48 49 so 51 52 53 54 55 56 57 REGULAR EMPLOYEES: (a) (a) The Personnel Board. not later than Within ten (1 0) calendar days after receipt of such appeal. shall a request for an appeals hearing. the Personnel Board shall fix a time and place and time for holding a public appeals hearing within a reasonable time!hi!:!y (30) calendar days thereafter. Written notice of such time and place shall be delivered or mailed promptly to beth-the Appellant andemployee. the Appointing Ofticer.Authority and the City Manager. (b) To legally constitute a hearing of appeal. there must be a quorum present: v.hich quor'..tm shall consistA quorum of the Pers01mel Board consists of three (3) Associate Members and one (1) Employee Member. Only the Chairman of the Personnel Board may-The Chair or acting Chair shall grant a continuance at the time of hearing for lack of quorum or emergency. The Chair may grant a continuance to either party for good and sufficient cause. No continuance shall be granted to either part) unles::,.Absent an emergency. such request for continuance -is should be received in writing by the Personnel Human Resources Director at least ten ( l 0), with a copy to the opposing party. Page I 75 58 59 60 61 62 63 64 65 66 no less than seven (7) calendar days prior to the date of saffithe scheduled hearing--e.f appea l. (c) fbt--The Personnel Board may, at the request of the Appointing Officer or the /\ppellant. call or request any person eF-to appear or request the production of any records fefrelevant to the purpose ofascertainingappeal prior to or at the faetshearing . (d) te1-The current or former Appointing OfficerAuthority or a representative designated by him /herHuman Resources, shall have the right to be presentappear at such hearing and to be represented by counsel appointed by the City Attorney . (e) {d)-The Appellantemployee shall have the right to be presentappear at such 67 hearing and to be represented by an attorney of his/her choice . Said attorney shall be an 68 attomey duly admitted and licensed to practice in -the State of Florida. In the e••ent that 69 the Appellant does not retain an attomey, said Appellant may have an ad,•isor of his/her 70 choice present. Such advisor 71 An appeal for hearing from disciplinary action shall not have the right be subject to interrogate 72 any '>Vitnesses or to enter objections to any testimony or evidence presented to the Board, nor 73 may such advisor speak in the Appellant's behalf. 74 75 76 77 78 79 80 (0 (e) Hearings before the Personnel Board shall be informal and shall not be bound by-formal rules of evidence. +he However, the findings of the Personnel Board, however, shall be based upon competent and substantial evidence of record. (g) (4)--The Appointing OfticerAuthority shall have the burden of presenting evidence to supportprove the truth ofallegations supporting the charges as contained in the written neti€ediscipli nary action. (b) (gt-The Appellantemployee shall have the right to present evidence to refute the 81 charges brought against him/hersuch allegations. 82 (h) The Appellant shall have the right to be confronted by his/her accuser. and the Appellant and 83 the Appointing Officer shall each have the right to cross examine the witnesses of the other . 84 ...:fi~) __ fit-Each party shall have the right to make an opening statement. Page I 76 85 86 87 88 89 90 (j) Rulings on objections and ~questions of ~procedure or law shall be made by the Chairman. but such rulings may be overruled b) a majority vote of the Board.Chair. Before making aHJ-ihe ruling, the Chairman Chair or any member of the Persmmel Board may request ~an opinion e.ffrom the City Attorney for the Personnel Board. if he /she is present. (k) (;it-After both the Appointing OfficerAuthority and the Appellant shallemployee 91 have presented their testimony and evidence, the Personnel Board shall receive argument 92 in summation. The Appointing Officer shall have both the opening and closing 93 argumen tAuthority may reserve time for rebuttal. 94 ~After the completion of closing argumentarguments , the Persmmel Board shall hold an open 95 executive session to consider the testimony and evidence presented before the Board to 96 determine the truth or untruth of the charges.!. At such open executive session~ only the 97 membersMembers of the Personnel Board and the Attorney for the Board , at the Personnel 98 Board's request, shall be heard . 99 (I) (I) After the members of the Board ha·•e been charged by the the City Attorney for 100 the Personnel Board, shall be heard. 101 102 103 104 105 106 107 108 109 110 111 (m) The Personnel Board shall confine its decision to the Chuirmanparticular disciplinary action before it and whether or not the employee engaged in the conduct as alleged. If the Personnel Board finds just cause for discipline, the Personnel Board shall not substitute its judgment with respect to the level of discipline imposed by the City . (n) The Chair shall entertain a motion, duly seconded ~. to grant or deny the appeal. Each Associate Member shall be entitled to one Ql_ vote -;.~ the three Employee Members shall be entitled to a total of one vote, voting as an employee memberEmployee Member unit. The Human Resources Director as the Secretary of the Personnel Board shall then call the rokroll. A majority v ote of those members present shall be required to Eieey angrant the appeal and ove1iurn the disciplinary action . In the event of a tied vote , the appeal shall be upheld denied and the disciplinary action shall remain . Page 177 112 113 (o) (mt-The Personnel Board may request written submissions of proposed findings of fact and conclusion of law. 114 (p) Within five (5) ·.vorking business days after the complelionclose of the hearing, the 115 Personnel Board shall report its findings in writing. The Personnel Human Resources 116 Director shall promptly deliver or mail a copy of such fmdings to the Appointing 117 OfticerAuthority and to the Appellant.employee . 118 (u) A copy of the \Hitten statement given the oftieer or employee. a coy of any reply thereto. and 119 a copy of the lindings of the Personnel Board shall be tiled as a Public Record in the Office of 120 the Personnel Department. 121 SECTION _4:_ FAILURE OF PARTIES TO APPEAR: If the person appealing shall 122 fatl.employee fails to appear , the Personnel Board shall heafdeny the evidence and render a 123 decision thereon appeal. 124 If the Appointing Officer shall fail Authority or the Appointing Authority designee fails to appear 125 and if no evidence be offered in support of his/her charges, the Personnel Board shall render a 126 decision by default.may continue the hearing. 127 SECTION _5:. RESIGNATION BEFORE HEARING: The acceptance b; an l\ppointing 128 Officer of the resignation of a person v1ho appealed from a remo'.allf the employee resigns 129 before the tina! action on the part of the Personnel Board shall act to null if; the hearing and the 130 proceedings issues its findings, the appeal shall be dismissed ,.,ithout judgment.,_ Any person 131 resigning under such circumstances shall forfeit all tfle.t.rCivil Service rights. 132 SECTION _6:_ COMPENSATION WHEN APPEAL IS SUSTAINED: Whe nA N 133 EMPLOYEE PREVAILS: If the employee prevails at an appeal appeals hearing from the 134 disciplinary action results in and the ·.acating of such disciplinary action is overturned by the 135 Personnel Board, or by a eom1 of competent jurisdiction, the employee shall be entitled to may 136 recover atlany wages and emoluments benefits lost by reason of such disciplinary action. Under 137 However , under no circumstances shall the Appellantemployee be entitled to recover attorney's 138 fees in the prosecution of his/her appea l. Page I 78 139 SECTION _?:_PARTICIPATION IN EXAMINATIONS WHEN APPEAL IS 140 SUSTAINED: 141 EMPLOYEE PREVA-ILS: If tm the employee is unable to participate precluded from 142 participating in any examination solely because he /she is of the subject or disciplinary action at 143 the time such examination is held, and if such discipliner) action is tinally reversed or set aside 144 by the Personnel Board or b) a competent court v>hile the eligible list resulting from such 145 examination shall be in effect, such employee, upon demall(Lthe employee prevails at the appeals 146 hearing. then at the employee 's request, the employee shall be given an individual 147 testexamination of the same degree of difficulty. If he /she shall successfully pass If the employee 148 passes such examination, his /he1 the employee 's name shall be fit.tee:placed into the existing 149 eligible list Eligible List in order of score. and his/her eligibility1he final earned rating, and the 150 employee 's Eligibility shall continue for the life ofthe xisting lfs.t.List. 151 P age I 79 fi :::J D.. OJ @ ;;o 1-!: CD -OJ CD .iilx Qo< )> CT (f) CD :::J @ 1 RULE XJI XIV . ATTENDANCE, LEAVESLEA VE , AND A88ENCESABSENCE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 SECTION 1: ATTENDANCE.:. (a) fat-HOURS OF WORK: Administrative regulations pertaining to hours of work shall be promulgated in order to establish, insofar as practicable, uniformity in hours of work for all employees. (b) fbt-LEA VES WITH PAY: All leaves with pay shall be in accordance with ordinances adopted by the City Commission. or otherwise required by law . (c) fet-ATTENDANCE RECORDS: All employees in the Classified Ser.ice shall be required to be in attendance at thei rm ust attend work in accordance with the requirements of administrative regulations , annual leave ordinances, the Department's Rules and procedures. the collective bargaining agreements and these Pers01mel Rules. It is the duty of the Appointing Authority to arrange for the keeping o fk eep daily attendance records of Classified employees and to submit attendance reports of attendance to the Personnel Division in the form and manner specified b) the Personnel DirectorHuman Resources Department. SECTION 2: REPORTS OF ABSENCE.:. (a) (a) All employees in the service of the City shall be required to An employee must report absences from duty. any absence not previously arranged . to their l\ppointing Officer. or a designated superior in accordance with departmental rules approved by the Personnel Board. Personnel Director and the City Manageror procedures, but in no case later than one hour after the usual time of beginning work each day tfta.t of such absence e€€ttf5, unless the cause of the absence is such that it may be e)cpected to will be of considerable duration . in which case. the absence shall be reported as specified the first day. together \Vith a statement of the approximate length of time such absence is e)(pected to continue and the employee has provided appropriate notification and documentation of the covered absence . Page I 80 28 (b) (b) Causes oiThe Human Resow-ce Director or a designee can investigate 29 absences for which compensation is claimed may be inYestigated by the Personnel 30 Director and the report of a registered physician or registered nurse of his/her selection 31 may be required, . Appropriate documentation from City designated Health Care 32 Providers may be required stating that the employee was unable to perform the duties of 33 the Position during the entire absence to perform the duties of his/her position and that 34 such absence 'sas not due to e)(Cesses on the part of the employee concerned. 35 SECTION 3:-.MEDICAL EXAMINATION FOLLOWING ABSENCE: An e),amination by 36 the Cit) Physician or an) other registered physician The Human Resources Director or medical 37 specialist so designated by the City Physician. together with the physician's statement as to the 38 physical condition of an employee. ma) be required by the Personnel Director or the Appointing 39 Ofticer of an employee '•'>'ho returns or requests the Appointing Authority may require a 40 statement from a qualified licensed Health Care Provider that the employee is able to return to 41 work from any and all types of absences. In cases where.:_]f an employee has been absent for ten 42 .(JJ2Lor more work days because of illness or injury, the Human Resources Director or the 43 Appointing Officer shal!Authority may require a physical eKaminationfitness for duty evaluation 44 by the City Physician or aflT()ther registered ph) sician or medical specialist esignated by the 45 City Physician. together with the physician's statement as to the physical condition of the 46 employee before the employee is permitted to return to work. Where the physical condition is 47 such that an employee cannot perform the duties of his /her classification. the provisions of Rule 48 IX, Section 4 and Section 5 will apply. 49 SECTION 4:--lL:o:tE':r!tA~ .. \tLJ'E~s~ _ _jL~E~A~V~E WITHOUT COMPENSATION: AR When a Regular 50 employee requests a leave of absence not covered under the FMLA. the Appointing 51 OfficerAuthority may. in appropriate situations. grant leaTessuch leave of absence without pay 52 for periodsa period not longer than a total of twelve (12) working days, consecutive or otherwise, 53 to Regular employees within a six (6) month period. b-ea>re A leave of absence of long 54 duration Jonger than twelve (12) working days but not to exceed six (6) months, unless 55 specifically provided elsewhere in these Rules, may be granted to ~Regular emplo)eesemployee 56 upon written recommendation of the Appointing OtTicer and the Personnel Director. Whenever 57 granted, such leaves shall be in 'Nriting and signed by the Appointing Otlicer. Among the Page I 81 58 circumstances deemed proper for granting such leaves shall be military serviCe. temporary 59 physical or mental disability. study or training. or other reasons determined by the Personnel 60 Director to be adequate. Upon the e><piration of a regularly appro\ ed leave v. ithout 61 compensation. the employee shall be reinstated to the position held at the time the leave was 62 gmnted. or upon the request of the employee such leave may be extended.Authority and with the 63 approval of the Human Resources Director. Such leave may be cancelled at any time and the 64 employee concerned ordered to report back to his/her dutiesduty within a reasonable time. 65 (/\mended '1/15/88) Page I 82 1 RULE XU-lXV. PERFORMANCE EVALUATIONS 2 (Amended 11 /17/89; 01/10/01) 3 4 SECTION 1: ORIGIN, DEFINITIONS, AND PURPOSE 5 (a) ORIGIN: Section ?, Paragraph L Special Acts of 1937. Chapter 18696 (ll.B . No. 687), 6 authorizes the Personnel Department to: 11 Establish by rule a system of service ratings based on 7 records of attendance. performance, conduct. and output of each oflicer or employee in the 8 Classified Sef\ice and designated as far as ma~ be possible to reflect his worth to the City". 9 (b) DEF I NITI ONS: For the purposes : The purpose of this Rule . the tollov.·ing definitions shall 10 awif. 11 1. "SERVICE RATING" is defined as all formal or intormal s~stems of performance evaluations 12 tor measuring or describing the performance. output. conduct and attendance of all to enhance 13 the morale, incentive, and productivity of employees in the Classitied Service of the City . .:. 14 2. "EVALUATORS" for the System shall be Appointing Officers 15 of the City and their designated supervisor~ employees. 16 3 . "EMPLOYEES" shall include all persons in the Classified Service of the City. 17 (e) PURPOSE: 18 1. Perfonnance evaluation reports 19 (a) The perfotmance of employees shall be evaluated in writing and records 20 maintained under the supervision ofevaluation reported to and retained by the Human 21 Resources Director of PersonneL and such reports . Such evaluations shall be a part of the 22 proceduresconsidered when pertinent in determining , but no! the sole determinant of 23 salary increases or decreases , promotions. demotions. transfers. separations. or 24 Promotions. Demotions, Transfers. Separations, and other personnel status changes. 25 where such reports are pertinent and of value in making intelligent and fair decisions 26 thereon. actions. Page I 83 27 2. (o) Upon the recommendation of the Personnel Director. v,cith concurrence of the City 28 Manager and the approval or the Personnel Board, perfom1ance e\oaluation reports shall not be 29 required for designated administrative personnel and/or personnel on special assignment. 30 (b) (b) [f, because of unusual circumstances. the Personnel Director believes that no 31 evaluation should be given for a particular employee during any particular evaluation 32 period. the Personnei The Human Resources Director shall have the authority to waive the 33 performance evaluation for such of any employee for that~ particular period. The waiver 34 of an evaluation hereunder shall not be construed either favorably or unfavorably ffi 35 regaffiwith respect to the employee involved. 36 3. It is the intent of this Rule to promulgate and promote a policy to enhance the morale, 37 incentive, and industry of the Cit~ 's employees. 38 SECTION 2: EVALUATORS.:. 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 54 (a) (itt-AUTHORITY: The Human Resources Director of Personnel shall designate the Appointing Officers of the CityAuthorities as evalua~ors and shall delegate to them the authorit~ to Evaluators who in turn may designate evaluators from among their supervisor~ personnei Evaluators. The Appointing OfficerAuthorities shall provide the Human Resources Director of Personnel with a record of all such appointments and any subsequent changes in appointmentsEvaluators. (b) tbt-RESPONSIBILITIES: As set forth 111 this Rule and in accordance with directives of the Director of PersonneL evaluatorsEvaluators shall be responsible for the timely and accurate preparation and submission of performance evaluation reports for the employees e:fi n their area of assigned responsibility. Evaluators shall attest to the validity and accuracy of their reports. as having been prepared to the best of their ability. observation. and knov.ledgethe evaluations. (c) (et-TRAINING: The Human Resomces Director of Personnel shall provide a continuing program of orientation and training for all evaluators. v.hich .... ill explain to and instruct the eHluators in the purpose and techniques of Evaluators regarding performance evaluations. Each evaluatorEvaluator must participate in an introductory Page 184 55 56 57 58 59 training course. After the initial training i·; completed, evaluator~; will , Evaluators need be retrained only at the request or recommendation of the Department Head. Personnel Appointing Authority, Human Resources Director, (:)f-the Personnel Board or the City Manager. (d) DISQUALIFICATIONS FOR LOW RATINGS: Any employee whose most 60 recent performance evaluation scores was less than 50 overall shall be disqualified from 61 any promotional examination until such time as the employee receives a score of 50 or 62 higher. 63 SECTION 3: REQUEST FOR APPEALS HEARING: A Regular employee may appeal an 64 overall performance evaluation score of less than 50 within ten (1 0) calendar days of receiving 65 the performance evaluation by filing a written request for a hearing before the Personnel Board 66 with the Human Resources Director who shall advise the Personnel Board, Chair. The written 67 request for appeal shall contain the employee's name. dates of service, Position and brief 68 explanation as to why the employee believes the evaluation is inaccmate. Only the overall 69 performance evaluation score may be appealed . 70 SECTION 4: APPEAL HEARINGS FROM PERFORMANCE EVALUATION: 71 (a) Within ten (1 0) calendar days after receipt of such petition, the Personnel Board 72 shall fix a place and time for holding a public hearing within thirty (30) calendar days 73 thereafter. Written notice of such time and in such further courses as may be required by 74 the Personnel Director.place shall be delivered or mailed promptly to the Employee, to 75 the Appointing Authority and to the City Manager. 76 SECTION 3: APPEALS 77 78 79 80 81 82 (b) (o) The A quorum consists of three (3) Associate Members and one (1) Employee Member. The Chair or acting Chair shall grant a continuance at the time of hearing for lack of quorum or emergency . The Chair may grant a continuance to either party for good and sufficient cause . Absent an emergency, a request for continuance should be received in writing by the Human Resources Director with a copy to the opposing party no less than seven (7) calendar days prior to the date of the scheduled hearing . Page I 85 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 J...:(c::..L)_----'T~h~e::....Personnel Board shall adopt and publish practices and may call any person to appear or request the production of any records relevant to the appeal prior to or at the hearing . (d) The Appointing Authority or a designated representative shall have the right to be present at such hearing and to be represented by counsel appointed by the City. (e) The employee shall have the right to appear at such hearing and to be represented by an attorney licensed to practice in the State of Florida. (0 The appeal hearing shall not be subject to formal rules of evidence. The findings of the Personnel Board, however, shall be based upon competent and substantial evidence of record. (g) The employee shall have the burden of presenting evidence to prove the evaluation is inaccurate. (h) The Appointing Authority or the Human Resources Director shall have the right to present evidence to substantiate the evaluation and refute the employee's evidence. (i) Each partv shall have the right to make an opening statement. (j) Rulings on objections and questions of procedures enabling employees and department heads to appeal or law shall be made by the Chair. Before making the ruling, the Chair or any Member of the Personnel Board may request an opinion from the City Attorney for the Pers01mel Board . (k) After both the employee and the Appointing Authority have presented their testimony and evidence, the Personnel Board shall receive argument in swnrnation. The employee may reserve time for rebuttal. (I) After closing arguments, the Personnel Board shall hold an open executive session to consider the testimony and evidence presented. At such open executive session, onlv the Members of the Personnel Board and, at the Personnel Board's request, the City Attorney for the Personnel Board shall be heard. Page I 86 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 (m) The Chair shall entertain a motion. duly seconded. to grant or deny the appeal. Each Associate Member shall be entitled to one vote: the three Employee Members shall be entitled to a total of one vote, voting as an Employee Member unit. The Human Resources Director as Secretary of the Personnel Board shall then call the roll. A majority vote of those Members present shall be required to grant the appeal. In the event of a tied vote. the appeal shall be denied and the performance evaluations . Appealsevaluation score(s) shall be permitted for performance levelsremain. (n) The Personnel Board may request proposed findings of less than fact and conclusions of law to be submitted after the hearing. (o) Within five (5 for individual factors on a performance evaluation) calendar days after the close of the hearing, the Personnel Board shall report and less than 50 for overall evaluations . All appeal requests must be filed its finding in writing ...... ithin ten (1 0) days follovt'ing notification . The Hwnan Resources Director shall promptly deliver or mail a copy of such findings to the Appointing Authority and to the employee of the overall e-..·aluation. _,_ (p) If the performance leveL for either an individual factor or an overall evaluation is appealed andthe Appointing Authority and/or the Human Resources Director or designees fail to appear. the Personnel Board may hear the employee's evidence and render a decision thereon or may continue the hearing. (g) If the employee fails to appear, the Personnel Board shall deny the appeal. (r) If the appeal results in a finding in favor of the employee, the evaluation shall be raised to 5 for individual factors and to 50 for overall evaluations. as ~applicable .-Afl.y employee \\hose last performance e'•aluation was less than 50 overall shall be disqualified from any promotional enamination until such time as he/she receives a 50 or better e·valuation. (Adopted I 0/16/98) (Amended 3/J8 l 05) 1. Personnel Beard: At such appeals, the Personnel Board shall permit the parties involYed to present such evidence as the Personnel Board deems pertinent to the issue. Testimony taken Page I 87 136 before the Personnel Board shall be reported and transcribed at the cost of the party desiring such 137 testimony to be part of the record. 138 (b) VOTING: ln all cases a simple majority vote will control. 139 SECTION 4+-.;:;..S:;___PERFORMANCE EVALUATION REPORT: There is hereby created a 140 !..._A_p erformance evaluation report hereinafter called the must be prepared for each employee. 141 The Performance Evaluation Report, '>'<hich will be prepared no le::;s than annually for each 142 employee. 143 (a) PURPOSE: The Perfom1ance Evaluation Report shall be designed so far as possible to shall 144 accurately measure the value of an employee's performance '>Yith respect to on the critical factors 145 of hislherthe job classification and his/het=the overall responsibilities to conditions of 146 employment. It will become a . The performance evaluation will be discussed with the employee. 147 The performance evaluation is a permanent and integral record of his/her employment and will 148 be utilized 'Nithin the purviev. of Section l (c) of this Rule . 149 (b) FORMS: 150 1 . Forms shall be designed and distributed by the Director of Personnel. Such forms will describe 151 the several critical factors of the job classifications being evaluated. and insofar as possible. 152 prmide a reliable means for accurately measuring the .... ork perfom1ance of the emplo;ees. They 153 shall provide for descriptions of the employee's fullillment of conditions of employment. 154 2 . forms will be completed by the evaluators. and discussed with the individual employees 155 before being submitted to the Director or Personnel for permanent record. 156 (e) EVALUATIONS: Performance levels shall be used to describe the employee's performance. 157 and standardized descriptions shall be used to describe the emplo) ee's adherence to conditions of 158 employment. 159 Performance evaluations or Meets Expectations" shall be the minimum acceptable standard for 160 Classified employees . Receipt of two (2) consecutive overall performance evaluations of less 161 than 50. or two (2) consecutive overall performance evaluations of "Unsatisfactory". or a Page I 88 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 combination thereoL shall be sufficient grounds for disciplinar) action. It shall be mandatory that such disciplinary action be taken b)' the appropriate Appointing Officer. (Amended '1/20/01) SECTION 5: SPECIAL AWARDS: All Classified and Unclassified employees shall be eligible for special av.ards to be granted annually . The aYtards period '.Viii be on a fiscal year basis, commencing October 1st and ending September 30th . (Amended 7/21 /95) (a) SPECIAL A\\'ARDS l. Beyeod the Call ef Duty (Extra Mile Award): For brave and courageous acts performed durin" or be't'Ond course of duties. [nvolves exposure to extreme danger in saving and/or 1:> • protecting lives and /or propert) (Amended 08 1 19 /2005). 2. City Aebie"/ement Award: For specific contribution to the bettennen'.. of the department or City's operation in the form of development of nev> methods and/or procedures ; ideas or suggestions resulting in the saving of time. labor and/or money to the City. 3. Cemmunit)· Seniee Award: :For employees who. in addition to valuable contributions to the City service in the nature of continued loyal and efficient performance. haYe made vital and valuable contributions to community. civic. educational. athletic and/or related fields in the communit) (Amended 08119 /2005). t Safe()· Award: For original ideas or suggestions on methods. procedures. or equipment which. when implemented, resulted in a reduction of on the job injmies, or in the removal or reduction of a substantial safety hazard to emplo)·ees. 5. Custemer Sen·iee Award: Displayed customer serviCe v.hich has been witnessed and documented (Created 08 / 19/2005). (b) NOMINATIONS: Nominations are to be made during a fiscal year. commencing October 1st and ending September 30th. Nominations must be submitted on standard questionnaires supplied by the Personnel Department. Recommendations for awards will be accepted from department heads and all other City employees. Page I 89 188 (e) R EV IEW AND SELECT ION: The awards nominations ,.,·ill be reviewed thoroughly by the 189 Personnel Board. The Board may select one vrinner and three runners up for each category. At 190 the discretion of the Board, commi!tees may be appointed to im estigate thoroughly the 191 ::;ubstantiation submitted to determine the validity of the evidence presented and the worthiness 192 of the nominations . The decision of the Board shall be final. 193 There 'Nill be no appeal procedure. It will be the responsibility of the Board to ascertain, beyond a 194 shadow of a doubt, the validity of the substantiation::; submitted and that the final selections are, to 195 the best of their knowledge, the most desen ingemployee 's personnel file . 196 Page I 90 (/) "0 CD ~-;;c -s::::: o--· CD -<>< )>< :E - OJ a. Ul 1 2 RULE XVI. SPECIAL CITY AWARDS 3 SECTION $1: PURPOSE: SPECIAL AWARDS: All Classified and Unclassified 4 employees shall be eligibleEligible for special av,rards Special City Awards to be granted 5 annually . The av•ards period will 6 SECTION 2: SPECIAL CITY AWARDS: Nominations shall be enaccepted by the Personnel 7 Board for Special City Awards in the following categories : 8 (a) One Team, One City Award: For a tiscal year basis, commencing October 1st 9 and ending September 30th. (Amended 7/? 1/95 )team consisting of two or more persons 10 (not necessarily within the same department) working together in a collaborative effort to 11 accomplish one of the City 's key intended outcomes. 12 (a) SPECIAL AWARDS 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (b) !.Beyond the Call of Duty (Extra Mile AwardY...:. For an employee whose brave and courageous acts performed during or , compassionate or humane act(s) went above and beyond coursethe scope of normal employment duties. Imohes exposure to extreme danger in saving and/or protecting lives and/or property (:\mended 08119/?005 ). (c) ~City AehieYemeotBetterment Award: For specific contributionan employee who contributed to the betterment of the depm1ment or City's operation in the form of de'<'elopment ofa Depmiment's or the City s operations by developing new methods andfef~ procedures.;,-~ ideas or suggestions resulting in that resulted in the enhancement of safety, the saving oftime, labor and/or money to the City. (d) J.-Community Sen'ieeVolunteer Award: For employees who. in addition to valuable contributions to an employee whose volunteer work. outside the City service in the nature scope of continued loyal and efficient performance, have normal employment duties. made ~vital and valuable contributionscontribution to the community-: or to the civic, educational, athletic anti/or related tieldsother endeavors in the community (Amended 08/19/2005).:. Page I 91 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 so 51 52 53 -1. Safet)' Award: For original ideas or suggestions on methods. procedures, or equipment v,hich . vrhen implemented, resulted in a reduction of on th~ job injuries. or in the removal or reduction of a substantial safety hazard to emplo) ees . (e) &-Customer Service Award: Displa)·ed for an employee whose extraordinary customer service at work exceeded expectations and which has been witnessed and documented (Created 08 / 19/2005). :. (bjSECTION 3: EMPLOYEE OF THE YEAR AWARD: The Personnel Board will present the Annual Employee of the Year Award to one of the recipient(s) of the above Special City Awards. The recipient(s) will be recognized by having their name(s) affixed to a plague to be displayed at City Hall. SECTION 4 : NOMINATIONS : Nominations are to be made during a iiscal year, commencing October 1st and ending September 30th. Nominations must be submitted on standard questionnaires supplied by the Personnel Department. Recommendations for awards will be accepted from d~partment heads and all other City employees . (e) REVIE~' AND SELECTION: The awards SELECTIONS: The Human Resources Director will detennine the time and manner for nominations . The selection of nominations and awardees will be reviewed thoroughlymade by the Personnel Board. The Board may select one winner and three runners up for each category . At the discretion of the Board, committees may be appointed to investigate thoroughly the substantiation submitted to determine the validity of the evidence presented and the v.-orthiness of the nominations . The decision of the Board shall be J:inah There v;ill be no appeal procedure . It will be the responsibility of the Board to ascertain, beyond a shado·N of a doubt. the validity of the substantiations submitted and that the final. The selections are. to the best of their kno·Nledge. the most deserving . made by the personnel Board are final and not appealable. Page I 92 m 3 "'0 0 :;o '< s:: <D -<D (I) --t>< ..., < 0) -::;·- ::;· (Q 1 2 RULE XWXVII. EMPLOYEE TRAINING 3 SECTION _1: ADJlJ8TMENT OF NEW EMPLOYEES AND EMPLOYEE TRAINING 4 The head of each diYision shall beAppointed Authority is responsible for the instruction and 5 training of employees in the speci llc their duties of their positions and for explaining 6 theproviding applicable policies, and objectives. and methods of the divisions and their 7 operations. On request, the Personnel. The Human Resources Director shall cooperate with the 8 heads of divisions in establishingprovide training programs as necessary. 9 SECTION 2: IN-SERVICE TRAINING 10 .:_The Personnel Human Resources Director in cooperation v.-ith the Appointing Officer and ·.vith 11 the approval of the City Manager shall arrange for lectures. courses. demonstrations. and 12 discussions and shall prepare lists of teJ\tS on appropriate subjects and take any other action for 13 facilitating the efforts of employees and otTicers to increase their efficiency. broaden their 14 knowledge. and become more effective in the performance of their respective dutiesmay provide 15 ongoing training opporturuties . 16 SECTION _3: OTHER TRAINING 17 Employees : An employee who enroll and successfully completecompletes any academic. 18 extension, correspondence, or other special training courses shall reportmay submit proof thereof 19 to the Personnei Human Resources Director. their actions and progress and he/she shall offer such 20 advice and assistance as may be within his/her power. Where the completion of such courses 21 may be deemed to have definitely increased the effectiveness of the employees. they may. at the 22 discretion of the Personnel Director. be considered in making advancements and promotions . Page I 93 1 2 RULE X¥1-XVIII. MEDICAL AND PHYSICAL STANDARDS 3 SECTION !:-_APPLICANTS FOR EMPLOYMENT: The Personnei Human Resources 4 Director. with the approval of the Personnel Board, is authorized to adopt physical and medical 5 standards which are t&-ee-job related to the Position, are consistent with business necessity and 6 required of all applicants for positions in the Classified SerYice that Position . 7 SECTION 2:-_EMPLOYEES: The Personnei Human Resources Director, with the approval of 8 the Personnel Board. is authorized to adopt physical and medical standards which are t&-ee-job 9 related to the Position, are consistent with business necessity and required of all Classified 10 Service employees for that Position. 11 (a) (at-When an employee in the Classified Services fails to meet such physical and 12 medical standards eemed necessary for continued employment in the position 13 he/she holds, a lateral Position held, and cannot do so with or organizational transfer 14 shaltwithout reasonable accommodation, a Classification or Organizational Transfer may 15 be made , if practical , to a positionPosition for which flelsfte the employee is physically 16 qualified , notwithstanding ill:!Y._other provisions of these Rules. If a transfer cannot be 17 arranged, the provisions of Rule ~XL Section 3 and 4 and Section 5 will apply. Any 18 transfer or demotion Transfer, Demotion or reduction in pay made in accordance with this 19 Rule is subject to approval of the City Manager and the Personnel Hwnan Resources 20 Director. This paragraph shall not apply to Police Officers and Fire Fighters with respect 21 to transfers Transfers outside of their respective departments. 22 fb) An employee or the Cit~ who . as part of his/her duty, operates a motor vehicle as part of 23 his /her duties. and who has acceptable vision only when wearing corrective lenses must, at all 24 times while engaged in driving , wear such corrective lenses. An employee who fails to wear 25 required corrective lenses while driving is subject to disciplinary action as provided in Rule 26 :x.,xr. Page I 94