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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