HomeMy Public PortalAbout17-09 AMENDING CHAPTER 2 ARTICLE XI DIVISION V CIVIL SERVICE BOARD 1ST READING: June 14, 2017
2ND READING: July 12, 2017
PUBLIC HEARING: June 14, 2017 and July 12, 2017
ADOPTED: MOTION FAILED
EFFECTIVE DATE: MOTION FAILED
SPONSORED BY: COMMISSIONER RILEY
ORDINANCE NO. 17-09
ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA AMENDING CHAPTER 2,
ARTICLE XI, DIVISION V - CIVIL SERVICE
BOARD OF THE CITY OF OPA-LOCKA CODE OF
ORDINANCES; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, The City of Opa-Locka ("City"), by vote of the citizens, adopted a
new Charter on November 6, 2012; and
WHEREAS, the City adopted Ordinance 13-31 on October 23, 2013 establishing
a Civil Service Board; and
WHEREAS, the Code of the City of Opa-Locka ("Code") addresses the
composition of the Civil Service Board and its general power and duties; and
WHEREAS, the Commission of the City of Opa-Locka desires to more
specifically define the power and duties of the Civil Service Board and the Department of
Human Resources.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS:
SECTION 1. RECITALS
The recitals to the preamble herein are incorporated by reference.
SECTION 2. ADOPTION
That Chapter 2, Article XI, Division V — Civil Service Board of the Code of Ordinances
is amended by the addition of the following language:
ORDINANCE NO. 17-09
Competitive examination in administrative service.
That appointments and promotions in the administrative service of the City of
Opa-Locka, Florida, shall be made according to merit and fitness to be ascertained, so far
as practicable, by competitive examination
Powers of Human Resources Director
That the Human Resources Director shall have power and shall be required to:
(1) Hold competitive examinations for all appointments in the classified service,
restricted to persons qualified to perform the duties of the position;
(2) Give wide publicity through appropriate channels in each case to all
announcements of competitive examinations to the end of encouraging
qualified persons to take such examinations;
(3) Prepare and recommend to the Civil Service Board such rules as
he or she may consider necessary, appropriate or desirable to carry
out the provisions hereof;
(4) Prepare, install, and maintain a classification plan based on the
duties, authority and responsibility of positions in the city service;
(5) Prepare and maintain a pay plan in the city service;
(6) Establish and maintain a roster of all persons in the municipal
service in which there shall be set forth, as to each officer and
employee. (a) the class title of the position held, (b) salary or pay,
(c) any changes in class title, pay or status, (d) such other data as
maybe deemed desirable or useful to produce significant facts
pertaining to personnel administration;
(7) Certify all payrolls for persons in the classified service. No
payment for personal service to any person in the classified
service of the city shall be made unless the payroll vouchers bear
the certification of the Human Resources Director or his or her
authorized agent that the persons mentioned therein have been
appointed and employed in accordance with the provisions of this
article;
(8) Develop and establish training and educational programs for
persons in the municipal service;
ORDINANCE NO. 17-09
(9) Investigate periodically the operation and effect of the
Human Resources Department and the rules promulgated
thereunder, and report annually his or her findings and
recommendations to the City Manager;
(10) Perform such other and different lawful acts and functions as
he or she may deem necessary or desirable to enforce the
purposes and provisions of this article.
Duties of Human Resources Director as Director of Civil Service Board
(a) Recommendations, rules, etc. Within six months after the appointment of the
first director under this article, the director shall prepare and recommend to the
Board such rules as he or she may consider necessary, appropriate or desirable to
carry out the provisions of this article. After a public hearing thereon, the Board shall
approve or reject the rules wholly or in part, or may modify them, and approve them
as so modified. Rules and any amendments thereto which are approved by the
Board or on which the Board takes no action within sixty days after they are
recommended by the Director, shall be transmitted to the City Manager for filing
with the City Commission together with whatever recommendations he or she may
desire to make. Rules and amendments thereto shall become effective when approved
by the Commission or on the twentieth day after submission if prior thereto the
Commission shall not have rejected them by resolution. Thereafter the Board
shall have power to amend, repeal or add to the rules on the recommendation
of the director or on its own initiative, subject to the requirement of a public
hearing and all the other subsequent steps of procedure required herein for
adoption of the original set of rules.
(b) Rules to have effect of law. Rules adopted hereunder shall have the
force and effect of law. They shall provide for the method of holding
competitive examinations, the establishment, maintenance, consolidation and
cancellation of eligible lists, administration of the classification plan and the
pay plan, the application of service ratings, the hours of work attendance
regulation and leaves of absence for employees in the classified service, the
order and manner in which lay-offs shall be effected, and similar matters of
personnel administration.
(c) Powers subject to provisions of article. The powers herein conferred
upon the Director shall be subject only to the provisions of this article and of
the rules adopted hereunder, and may be exercised by regulation or by order
as the Director sees fit.
ORDINANCE NO. 17-09
Civil Service Board Qualifications.
That each member of the Civil Service Board shall be a qualified elector of the city,
shall be known to be in sympathy with the merit principle as applied to the civil
service, shall neither hold nor be a candidate for any elective public office, and shall
not he a member of any local, state or national committee of a political party or an
officer in any partisan political club or organization.
Civil Service Board - General
(1) A majority of the members of the Civil Service Board shall constitute a
quorum to do business and the Board shall act in all matters upon the affirmative
vote of at least a majority of all of its members.
(2) Make any investigation which it may consider desirable concerning the
administration of personnel in the municipal service, and report to the Commission at
least once each year, its findings, conclusions and recommendations;
(3) Members shall select their chairman from the members of the Civil Service
Board, biannually.
Divisions of Civil Service
That the civil service of the city shall be divided into the unclassified and
the classified service.
(a) Unclassified service. The unclassified service shall comprise the
following offices and positions:
(1) Members of the city commission and other elective
officers, and persons appointed to fill vacancies in elective
offices;
(2) The City Clerk;
(3) The City Attorney;
(4) The City Manager, and the Assistant City Manager, if
any;
(5) The Directors of departments;
(6) One principal assistant or deputy and one private
secretary to the City Manager, if any, and to each of the
Directors of departments;
(7) Members of boards and commissions in the city's service;
(8) Persons employed to make or conduct a special inquiry,
investigation, examination or installation, if the City
Commission or the City Manager of the city certifies that such
employment is temporary, and that work should not be
performed by employees in the classified service;
(9) Employees subject to collective bargaining agreements.
(h) Classified service. The classified service shall comprise all
positions not specifically included by this section in the
ORDINANCE NO. 17-09
unclassified service.
Human Resources Director to prepare and maintain record of service.
(a) That the Human Resources Director shall prepare and maintain an up-to-
date record of the authority, duties and responsibilities of each position in the
classified service. Within one year after the appointment of the first director
under this article, the director shall prepare and submit to the City Manager a
plan of classification and grading of all such positions according to similarity of
authority, duties and responsibilities. The City Manager shall submit the
classified plan to the Commission with such changes as he or she deems
desirable and such plan shall take effect when adopted by the Commission or on
the thirtieth day after it is submitted to the Commission if prior thereto the
Commission has not disapproved it by resolution.
(b) Changes in classification. Changes in the classification plan which the
Director deems desirable may be recommended and adopted from time to time
in the same manner as herein provided for the original adoption of the plan.
(c) Allocation of positions to proper classification. As promptly as practicable
after the adoption of the classification plan and after any amendment thereof, the
Director shall, with the approval of the City Manager, allocate each position in
the classification service to the appropriate class therein on the basis of its
authority, duties and responsibilities. Thereafter, as new positions are created or
additional classes are established, or existing classes are divided, combined,
altered or abolished, the Director shall make such allocations or reallocations of
positions to new or existing classes as are necessitated thereby.
(d) Use of class titles. Following the adoption of the classification plan and the
allocation to classes therein of positions in the classified service, the class titles
set forth therein shall be used to designate such positions in all official
records, documents, vouchers and communications, and no person shall be
appointed to or employed in a position in the classified service under any class
title which has not been approved by the director as appropriate to the duties to
be performed.
(e) Request for hearing on allocation or reallocation. Employees affected by
the allocation or reallocation of a position to a class, or by any changes in the
classification plan, shall be afforded an opportunity to be heard thereon provided
that they shall file with the Director within ten (10) days from any such
allocation, reallocation or change a written request for a hearing.
Filling of vacancies in higher positions.
That vacancies in higher positions in the classified service of the City shall, as far as
practicable, be filled by promotion from lower classes following competitive tests;
provided that in case the City so directs, such positions shall be filled by competitive tests
open not only to city officers and employees serving in lower classes, but also to persons
not in the service of the city. A change from a position in any class to a position in
another class for which a higher maximum rate of pay is prescribed shall be considered a
promotion. The director of personnel shall, to the extent he considers such action
ORDINANCE NO. 17-09
desirable, indicate the principal or normal lines of promotion from and to each class in
the class specifications or in regulations.
Schedule of pay.
That the Human Resources Director shall prepare for the City Manager a standard
schedule of pay for each position in the classified service. The City Manager shall
submit the pay plan to the Commission with such changes as he deems desirable and such
plan shall take effect when adopted by the Commission or on the thirtieth day after it is
submitted if prior thereto the Commission has not disapproved it by resolution. The pay
plan adopted by the commission shall include a minimum and maximum and such
intermediate rates as may be deemed desirable for each class of position.
Amendments to the pay schedule may be adopted by the Commission from time to time,
upon recommendation of the City Manager. In increasing or decreasing items in the city
budget, the Commission shall not increase or decrease any individual salary items but
shall act solely with respect to classes of positions as established in the classification and
pay plans. In no event shall the Commission reduce the salary of a class below the
minimum or raise it above the maximum salary established by the pay plan except by
amendment of the pay plan.
Members of Civil Service Board authorized administer oaths.
That for the purpose of the administration of the personnel provisions of this charter, any
member of the Civil Service Board shall have the power to administer oaths.
Prohibited acts; penalty for violation.
That no person shall willfully or corruptly make any false statement, certificate, mark,
rating or report in regard to any test, certification, or appointment held or made under the
personnel provisions of this charter or in any manner commit or attempt to commit any
fraud preventing the impartial execution of such personnel provisions or of the rules and
regulations made thereunder. No officer or employee in the classified service of the city
shall continue in such position after becoming a candidate for nomination or election to
any public office. No person seeking appointment to or promotion in the classified
service of the city shall either directly or indirectly give, render or pay any money,
service or other valuable thing to any person for or on account of or in connection with
his test, appointment, proposed appointment, promotion or proposed promotion. No
person shall orally, by letter, or otherwise solicit or be in any manner concerned in
soliciting any assessment, subscription or contribution for any political party or political
purpose whatever from any person holding a position in the classified service of the City.
No person holding a position in the classified service of the city shall make any
contribution to the campaign funds of any political party or any candidate for public
office or take any part in the management, affairs or political campaign of any political
ORDINANCE NO. 17-09
party, further than in the exercise of his rights as a citizen to express his opinion and to
cast his vote.
Any person who by himself or with others willfully or corruptly violates any of the
provisions of this section shall be guilty of a misdemeanor and shall upon conviction
thereof by a court of competent jurisdiction be punished by a fine of not less than $50.00
(fifty dollars) nor more than $500.00, or by imprisonment for a term not exceeding sixty
days, or by both such fine and imprisonment. Any person who is convicted under this
section shall for a period of five years be ineligible for appointment to or employment in
a position in the city service and shall, if he be an officer or employee of the city,
immediately forfeit the office or position he holds.
Suspension; reduction in pay or class; appeal
That any officer or employee in the classified service of the City who has not completed
his working test period or who is serving under provisional, temporary, or emergency
appointment may be suspended, reduced in pay or class, or removed at any time by the
officer having power to appoint a successor. A copy of the notice of such suspension,
reduction, or removal shall be transmitted to the Human Resources Department.
Any officer or employee in the classified service of the City who has been appointed
following certification from a reemployment or employment list may be suspended,
reduced in pay or class, or removed for cause at any time during the working test period
by the officer having power to appoint a successor, by giving him written notice of such
suspension, reduction, or removal together with a statement of the reasons therefor.. A
copy of such statement shall be transmitted to the Human Resources Department.
Any officer or employee in the classified service of the City who has completed the
working test period may be suspended, reduced in pay or class or removed by the officer
having authority to appoint a successor, in the manner prescribed in this section as
supplemented by the rules of the Human Resources Department. A written notice of the
suspension, reduction, or removal, stating the reasons therefor and when it is effective,
shall be given to such officer or employee or mailed to his usual place of residence.
Such officer or employee within five business days after the delivery or mailing to him of
such written notice may appeal in writing to the Civil Service Board for a hearing. The
Civil Service Board shall immediately fix a place and a time not later than five business
days after such appeal for holding a public hearing, at which the officer or employee
suspended, reduced or removed shall have the right to appear and be heard in person. The
Civil Service Board may, at the request of the officer ordering the suspension, reduction
or removal, or of the officer or employee, whose suspension, reduction or removal has
been ordered, call other persons for the purpose of ascertaining the facts. The Civil
Service Board may make any further investigation which it thinks proper. Within forty-
ORDINANCE NO. 17-09
eight hours after the completion of the public hearing or such investigation, Civil Service
Board shall report its findings which shall be conclusive. A copy of the written statement
given the officer or employee, a copy of any written reply thereto and a copy of the
findings of the Civil Service Board shall be filed as a public record in the office of the
Human Resources Department.
Persons exempt from working tests; probationary appointments.
That any person holding an office or position in the classified service of the City when
this act takes effect who shall have served in such position for a period of at least nine
months immediately preceding, shall be retained without preliminary or working tests
and shall thereafter be subject in all respects to the provisions of this Article. Other
persons in the city service at the time this Article takes effect shall be regarded as holding
their positions under probationary appointments; provided, however, that after the
effective date of this Article, if and when the City of Opa-locka shall, by appropriate
action of its City Commission acquire or assume as a municipal function the operation,
administration or management of any then existing, private or quasi-public business or
activity, by the terms of which acquisition or assumption the employees or personnel of
such then existing business or activity becomes employees or personnel of the City of
Opa-locka, such employees or personnel shall be deemed to have received probationary
appointments, effective as of the date such municipal operation begins, to the
classification which embraces their respective positions.
Acceptance of unclassified position by person in classified service.
Any employee in the classified service who accepts an appointment to an unclassified
position shall retain his civil service status for a period of six months from the date when
he assumes the duties of the unclassified position. If, at that time, he still holds the
unclassified position, he must exercise the option of returning to his classified position or
giving up his status on the classified rolls. Any classified employee who has held such
unclassified position for a period of six months preceding the passage of this section must
immediately upon its adoption exercise the above option.
SECTION 3. SEVERABILTY
If any clause, section, or other part or application of this Ordinance is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or in application, it
shall not affect the validity of the remaining portions or application of this Ordinance.
SECTION 4. CONFLICT
All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith,
are hereby repealed.
ORDINANCE NO. 17-09
SECTION 5. CODIFICATION
This Ordinance shall be codified in the Code of Ordinances when the code is recodified.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of same with the City Clerk.
SECTION 7. LIBERAL CONSTRUCTION.
The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect upon the adoption of this Ordinance by the Commission
of the City of Opa-Locka and upon a filing of a certified copy hereof with the Florida
Department of State.
this 12th day of July, 2017.
MOTION FAILED
M la L. aylor
Mayor
Attest to: Approved as to form and legal sufficiency:
r . N
Jo, na Flores Vincent T. Brown
Ci'. Clerk The Brown Law Group
City Attorney
ORDINANCE NO. 17-09
Moved by: COMMISSIONER RILEY
Second by: VICE MAYOR KELLEY
Commissioner Vote: 3-2
Commissioner Holmes: NO
Commissioner Pigatt: NO
Commissioner Riley: YES
Vice Mayor Kelley: YES
Mayor Taylor: NO