HomeMy Public PortalAbout09-7471 Approving the Administrative Regulation 3-301 Regarding Annual Leave Sponsored by: City Manager
RESOLUTION NO. 09-7471
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, SUPPORTING AND
APPROVING THE CITY MANAGER'S REVISIONS TO
ADMINISTRATIVE REGULATION 3-301 REGARDING
ANNUAL LEAVE FOR CITY EMPLOYEES
WHEREAS, the administrative regulations outlining City's administrative policies and
procedures are currently in place for the City of Opa-locka; and
WHEREAS, Administrative Regulation 3-301,which relates to annual leave,currently does
not allow City employees to cash out any of their accrued vacation hours; and
WHEREAS, the City Manager has determined that revising Administrative Regulation 3-
301 as set forth herein, will assist City employees in having access to additional resources in the
event of difficult financial situations; and
WHEREFORE, although the City Manager is authorized to implement and
revise administrative regulations of the City, due to the fiscal impact of the said revisions,the City
Manager desires to bring forth this resolution for City Commission support and approval; and
WHEREAS, after analyzing the current policy and the proposed fiscal impact on the
City, the City Manager is recommending that the City Commission of the City of Opa-locka,
("City Commission") support and approve the revisions to Administrative Regulation 3-301, to
allow City employees the option of cashing out up to fifty(50%) of their accrued vacation hours
in any given year, as set forth in Exhibit"A" attached hereto.
NOW, THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Resolution No. 0 9-7 4 71
Section 2. The City Commission of the City of Opa-locka hereby supports and
approves the revisions to Administrative Regulation 3-301, to allow City employees the option of
cashing out up to fifty(50%) of their accrued vacation hours in any given year, as set forth in
Exhibit"A"attached hereto.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 27 day of MAY , 2009.
0
• EP '\ LLEY
1` ' OR
Attest: Approved as to fo 1eg41 suffic ency:
/A11111ki i j
i e orah S. by Burnadette Norris-Weeks
City Clerk City Attorney
Moved by: TYDUS
Seconded by: TAYLOR
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
pp LOOk4
F An
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ORATE m
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City Commission Agenda Item Request =,,. '�
3 ;0,
TO: Mayor,Joseph L. Kelley ••
a
Vice Mayor, Myra"lady" Taylor a`
Commissioner, Timothy Holmes
Commissioner, Dorothy "Dottie"Jo .
Commissioner, Rose Tydus
FROM: Interim City Manager,Bryan,,> mnie
DATE: April 17, 2009
RE: Approval of a resod i n revising the Administrative Regulation 3-301
regarding Annu % -ave
REQUEST: Approval of a resolution revising the Administrative Regulation 3-301 that
would allow employees to utilize up to 50% of the current annual leave time they have
earned in that given year as a vacation cash-back option.
DESCRIPTION: The approved Administrative Regulation 3-301 currently does not
allow City employees to cash out any of their accrued vacation hours. In an effort to
assist our employees with access to additional resources in the event of a difficult or
financially stressful situation, the City would like to make a revision to this policy that
would allow this to be an option for our employees.
FINANCIAL IMPACT: Maximum financial impact is $164,532.66 if every employee
uses the vacation cash back to the maximum 50%of their current annual accrued hours,
however a more realistic figure to consider for budget purposes is $75,000. This money
will come from the Fund Balance.
IMPLEMENTATION TIME LINE: Immediately upon passing.
LEGISLATIVE HISTORY: Ordinance 0703
RECOMMENDATION(S): Staff recommends approval.
ANALYSIS: During these financially difficult times, the Department of Human
Resources would like to create additional financial avenues for our employees by
allowing them the option to cash in up to 50% of their vacation time they can accrue in
any given year. By doing this we will improve employee moral and cause employees to
be more focused at work. Attention should also be given to the fact that there is an
Employee Assistance Program called the
EAP/Work-Life Program which is in place to provide additional opportunities and
support to employees as well.
ATTACHMENT(S): Copy of proposed policy revision.
PREPARED BY: Sharlene Boyd, Human Resources Director
End of Memorandum
CITY OF OPA-LOCKA
PERSONNEL BENEFITS
SUBJECT: ANNUAL LEAVE 3-301
After completion of one (1) year of continuous employment a regular, full-time
City employee may use accrued annual leave. This aspect of the policy does not
apply to commission approved senior management work agreements.
Regular,full-time employees with one (1)—five (5) years of service:
shall accrue twelve (12) days or 96 hours of annual leave annually. A non-exempt
employee with 1-5 years of service may accrue a maximum of eighteen (18) days or 144
hours of annual leave. Exempt employees with 1-5 years of service may accrue a
maximum of twenty four (24) days or 192 hours of annual leave. Once the maximum
accrual is reached, the employee will not accrue any additional annual leave hours until
some annual leave hours are utilized. If the employee terminates his or her employment,
accrued annual leave hours will be paid out based on the employee's average hourly
wage or salary over the last five (5) years worked at the City of Opa-locka.
Regular,full-time employees with six (6)—ten (10) years of service:
shall accrue fifteen (15) days or 120 hours of annual leave annually. A non-exempt
employee with 6-10 years of service may accrue a maximum of twenty two and a half
(22.50) days or 180 hours of annual leave. Exempt employees with 6-10 years of service
may accrue a maximum of thirty (30) days or 240 hours. Once the maximum accrual is
reached, the employee will not accrue any more annual leave hours until some annual
leave hours are utilized. If the employee terminates his or her employment, accrued
annual leave hours will be paid out based on the employee's average hourly wage or
salary over the last five (5) years worked at the City of Opa-locka.
Regular,full-time employees with eleven(11)—fifteen (15)years of service:
shall accrue eighteen (18) days or 144 hours of annual leave annually. A non-exempt
employee with 11-15 years of service may accrue a maximum of twenty seven (27) days
or 216 hours of annual leave. Exempt employees with 11-15 years of service may accrue
a maximum of thirty six (36) days or 288 hours. Once the maximum accrual is reached,
the employee will not accrue any additional annual leave hours until some annual leave
hours are utilized. If the employee terminates his or her employment, accrued annual
leave hours will be paid out based on the employee's average hourly wage or salary over
the last five(5) years worked at the City of Opa-locka.
Regular,full-time employees with sixteen (16)—twenty (20) years of service:
shall accrue twenty (20) days or 160 hours of annual leave annually. A non-exempt
employee with 16-20 years of service may accrue a maximum of thirty (30) days or 240
hours of annual leave. Exempt employees with 16-20 years of service may accrue a
maximum of forty (40) days or 320 hours. Once the maximum accrual is reached, the
employee will not accrue any additional annual leave hours until some annual leave hours
are utilized. If the employee terminates his or her employment, accrued annual leave
hours will be paid out based on the employee's average hourly wage or salary over the
last five(5) years worked at the City of Opa-locka.
Regular, full-time employees with twenty one(21) years or more of service:
shall accrue twenty-two (22) days or 176 hours of annual leave annually. A non-exempt
employee with 21 or more years of service may accrue a maximum of thirty three (33)
days or 264 hours of annual leave. Exempt employees with more than 21 years of service
may accrue a maximum of forty four(44) days or 352 hours. Once the maximum accrual
is reached, the employee will not accrue any additional annual leave hours until some
annual leave hours are utilized. If the employee terminates his or her employment,
accrued annual leave hours will be paid out based on the employee's average hourly
wage or salary over the last five (5) years worked at the City of Opa-locka.
The purpose of annual leave is to provide permanent full-time employees with a period of
rest away from work. All employees are required to take a minimum of five (5)
consecutive days of annual leave per year to promote a healthy work life balance.
Annual leave schedules must be approved by the Department Director and the Human
Resources Director in order to ensure that the City will be able to provide adequate and
continuous public services despite the absence of employees on annual leave.
Vacation Cash Pay Out:
Eligible Employees will be afforded the opportunity to utilize the vacation cash
pay out option by requesting to cash out accrued hours available (in the current
year), up to 50% of the annual leave hours they are entitled to based on their
length of service.
The vacation cash pay out requests will be processed with the next payroll being
submitted for the City after the Human Resources Department has received the
completed written request.
Newly hired employees are not eligible to utilize this vacation cash pay out
option until after successfully completing one (1) year of continuous
employment from their hire date.
I St Reading: FEBRUARY 1 4, 2 0 0 7
2nd Reading/Public Hearing: FEBRUARY 2 8, 2 0 0 7
Adopted: FEBRUARY 2 8, 2 0 0 7
Effective Date: MARCH 1 4, 2 0 0 7
Sponsored by: City Manager
Ordinance No. 0 7-0 3
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AN ORDINANCE OF THE CITY COMNIISSION OF THE CITY OF
OPA-LOCKA, FLORIDA ADOPTING AND APPROVING
PERSONNEL RULES,POLICIES AND REGULATIONS ;FURTHER
PROVIDING FOR A REPEALER PROVISION AND SEVERABILITy
CLAUSE; PROVIDING FOR AN EFFECTIVE DATE
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA,FLORIDA:
•
RULE I
DESIGNATION
SECTION 1. DESIGNATION: These rules shall be designated and known as the Personnel
Rules and Policies of the City of Opa-locka, Florida
RULE U
ORGANIZATION AND FUNCTIONS
OF PERSONNEL BOARD
SECTION 1. ORGANIZATION: Following appointments to the Board,the members shall elect
one member as.Chairman. Such election shall be held each two years thereafter unless a vacancy in
such office shall occur in any such period.The Human Resources Director or designee shall serve as
Chief Examiner and Secretary to the Board.
SECTION 2. The Board shall meet as often as is necessary to fulfill its responsibilities under the
Legislative Act creating it and its own rules; but a regular time of meeting shall be established by
said Board, so that City employees, officials, and citizens shall be informed of the time and place of
meeting of the Board. Three members present shall constitute a quorum and sufficient to conduct the
business of the Board. A majority vote of those members present at a Board meeting shall be
sufficient to make decisions upon matters properly corning before the Board.
4111■ 41,
grade in an examination for the same or a like position during the past thirty(30)
days. No applicant shall be permitted to take any one examination more than
three (3)times.
•
SECTION 2. EXAMINATIONS TO BE PRACTICAL: All tests
shall be practical in character, shall relate directly to those matters which will
fairly determine the relative capacity of the person examined to discharge the
particular duties of the class of position to which appointment is sought, and shall,
when appropriate, include tests of physical qualifications, health and manual skill after a
conditional job offer is made. •
•
SECTION 3. CONTENTS OF EXAMINATIONS: • The fitness tests.
held to establish a list of eligible for any class shall consist of one or more of the
Following parts:
(a) Written test. This part, when required, shall include
a written demonstration designed to show familiarity
or competitors with the knowledge involved in the
•
classes of positions to which they seek appointment,
their ability to express themselves either orally or in
writing, by use of the English language, the usage of
their general information, or their general educational
attainments.
(b) Interview. This part, when required, shall include a
• personal interview with competitors for classes of positions
where ability to deal with others,to meet the public, or other
personal qualifications are to be determined. An oral test
may also be used where a written test is unnecessary or
impractical.
( c) Performance Test. This part, when required, shall include
such test of performance or trade as will determine
the ability and manual skill of competitors to perform the
work involved.
(d) Physical Test. This part, when required, shall consist of a
test of bodily condition, muscular strength, agility, and
physical fitness to meet minimum requirements.
(e) Psychological Test. This part,when required,shall include any test
to determine mental alertness, the general capacity of
applicants to adjust their thinking to new problems and conditions.
8
of life, or to ascertain their special character
and aptitudes.
(f) Training and experience. This part, when required, shall be
marked from the statements of education and experience
contained in the application form or from such
supplementary data as may be required. The Human Resources
Director, may investigate the truth of an applicant's statements as
to training and experience, and govern the rating accordingly. -
Upon the request of the Board,it shall be the duty of the director of
the department to furnish a specific and comprehensive statement
in writing showing the requirements of the position, and this
statement maybe the basis of the examination under consideration. •
•
(g) -- Medical Examination. This test maybe required after the applicant
• receives a conditional job offer to determine that the applicant is
physically capable ofperforming the essential duties of-the position
and be free from such effects or diseases that would constitute
employment hazards to themselves or endanger the safety or welfare
• of fellow employees or others. •
•
• RULE VII
PROMOTIONAL EXAMINATIONS
SECTION 1. RESTRICTIONS ON PROMOTIONAL EXAMINATIONS:
• • Promotional examinations shall be competitive, and open only to all permanent employees
legally appointed in the classified service who have completed a probationary period as
established by the Board•in a class or rank previously declared by the Board to involve the
performance of duty in the class or rank for which the promotional examination is held.
Exception: Employees will not be eligible to participate in a promotional examination who have,
within the six months period immediately preceding the date of the examination, failed to obtain a
passing grade in an examination for the same or a like position.
SECTION 2. PROMOTIONAL EXAIVIINATION DEFINED:
The term `Promotional Examination" signifies fitness tests to determine the relative standing of
• applicants for positions in a specified class. A promotional examination may include employees in
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•
•
specified classes in all departments, or only in the department for which the eligible register is being
•
established, as determined by the Board. No employee shall be deemed eligible for a promotional
examination whose last performance evaluation rating was lower than the passing grade prescribed
by the Board.
•
SECTION 3. ANNOUNCEMENT OF PROMOTIONAL EXAMINATIONS:
Examinations for promotions shall be conducted as often as necessary. Notices shall be posted in the
Human Resources Department and shall be sent to all department heads at least fifteen (15) days
prior to the date of examination. It shall be the duty of everydepartzxient or division head employing
those employees who are eligible-for promotional examinations to ensure that they are directly
notified or have access to such announcements.
•
•
SECTION 4. APPLICATION FOR PROMOTIONAL EXAMINATIONS:
Each eligible applicant who cares to compete for promotion must.fill out the prescribed application
for promotion and present it to the Human Resources Department on or before the closing date
specified in the official announcement of the examination. The applicant must be able to read and
write and must complete a new application unless the Board decides that a new application is not
necessary.
•
SECTION 5. CHARACTER OF PROMOTIONAL EXAMINNATIONS:
All promotional examinations shall be practical in character and shall relate directly to matters which
will fairly test the relative capability of the person examined to discharge the particular duties of the
class of position to which promotion is desired. The promotional examination shall consist of one or
more of the following parts:
a. Performance evaluations:Employees seeking promotions must have
received at least a satisfactory rating on their last two performance
evaluations.
b. Psychological Test. This part,when required,shall onlybe conducted
after a conditional job offer has been made. This will include any test
to determine the applicant's intelligence, general capacity to adjust
his thinking to new problems and conditions of life, and to discover
his special character traits and aptitudes.
c. Written Test. This part, when required, shall include a written
demonstration designed to show the competitor's familiarity with the
knowledge necessary in the class of position sought, ability to use
• English,range of general information,and educational attainments. If
advisable, a formal thesis upon one or more subjects maybe required.
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d. Practical Performance Test. This part, when required, shall include
such test of intellectual performance or mechanical skill as shall .
determine the competitor's particular ability.to perform the work
required.
e. Seniority. Credit for seniority shall be given only for actual
continuous service in the grade from which promotion is
sought according to the following table:
For the first six (6) months 0
For each full month of the second
Six (6)months 1/2
For the second full year. 3
For the third full year .3
For the fourth full year 2
For the fifth full year.... 2
• For the sixth full year.. .2
For the seventh full year 2
For the eighth full yea 2
For the ninth full year 2
For the tenth full yea .2
For each additional year of service after ten (10) years,
maximum fourteen(14) years .1/2
f. Oral Interview. This part, when required, shall include
personal interviews with competitors for classes of positions
where ability to deal with others, to meet the public, or other
personal qualifications are to be determined. An oral test may
also be used where a written test is unnecessary or
impracticable.
g. Physical Test. This part,when required,will occur only after a
conditional job offer has been given. The test shall consist of a
test of bodily condition,muscular strength,agility,and physical
fitness. This may be used in excluding from further
examination applicants who do not measure up to the minimum
standards required.
h. Medical Examination. This part, when required, will occur
only after a conditional job offer has been given. The
examination is to determine that.the applicant is physically
capable of performing the essential duties of the position and
be free from such defects or diseases that would. constitute
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employment hazards to themselves or endanger the safety or
welfare of fellow employees or others.
RULE VIII
CONDUCT OF EXAMINATION
SECTION 1. CONDUCTING EXAMINATIONS:
a. The actual conduct of every examination shall be under the direction of the Human
Resources Director, the Board, or its designated agents, free from interference or
participation or influence of any person other than the examiners or experts employed
by the Board. The Board is authorized to employ whatever assistants or experts it
may need and shall exempt from examination under these rules any person engaged
in private business who renders any professional,scientific,technical or other service
of an occasional or exceptional character.
b. The schedule of subjects and grading weights determined .by the Board shall be
recorded in its minute book. When not determined by the Board, the subjects and
weights shall be determined by the Human Resources Director and approved by the
Board.
c. Whenever in its judgment the interest of the public service requires it,the Board shall
have the power to order a re-examination of applicants for any position, and it also
may correct, amend,or revoke any schedule, eligible register,or other paper or record
When an error has been made or an injustice done, or remove from a register the name
of any person who has become incapacitated or unfit for appointment, or whose
•
appointment would be adverse to the public interests. Whoever is affected by said
alterations and cancellations shall be notified by mail and the actions duly recorded in
the minute book of the Board.
d. After the adoption and filing of the report of a competitive examination,the Human
Resources Director will inform candidates by mail as to their grade. The candidates
receiving notice,if they wish,may in person orhave an authorized agent inspect the
results of the examination in the presence of the Human Resources Director or any
member of the Board. Under no conditions will the questions and answers be subject
to review by anyone other than a member of the Board or the examining staff (This
rule is mandatory in order to comply with the requirements of test material publishers
and test exchanges.) In the event that the examinee believes his grading was unjust,
he may within ten(10) days after said notice of his rating was mailed to him appeal to
the Board, specifying in detail the reasons for his complaint. If, after due
consideration,the Board agrees that the complaint is justified,it will direct correction
of the marking or grading of the said examination papers. All appeals must be in
writing.
e. Other than the applicant or his duly authorized agent, no one shall be given
12
permission to review the results of an examination without the authority of the Board.
f. Before proceeding to answer the questions in the examination, the applicant shall •
complete and sign an identification sheet and whatever information may be required,
enclose and seal it in the official envelope which shall bear the examinee's
identification number. All examination papers turned in by the candidate shall have
at the top the same identification number. At the close of the examination all
identification envelopes shall be placed in a sealed package and shall not be opened
until all the papers have been graded. Any papers bearing the name of the examinee
or any other mark to identify him or her shall be rejected and the candidate notified
accordingly.
•
•
SECTION 2. METHOD OF RATING EXAMINATIONS:
Passing grades for each examination shall be established by the Board. The names of applicants
receiving a passing grade shall be posted in the office of the Board and entered on the appropriate
eligible register. The grade of any applicant failing to qualify shall not be made public. No
applicant will be allowed to see the results of the examination after thirty(3 0) days have elapsed
following the approval of the result list by the Board, except upon appearing before the Board
and showing cause why the said privilege should be allowed.
SECTION 3. MINIMUM GRADE FOR EACH SECTION:
The Human Resources.Director may,with the approval of the Board,determine the minimum grade for any test or
part of an examination. A candidate who does not attain this minimum grade shall be considered to have failed in
the examination and shall not be examined on any other parts,if any are planned.
SECTION 4. VETERAN'S PREFERENCE:
In certification for appointment, in appointment, in reinstatement, in reemployment, and
retention in position,preference shall be given to:
•
a. (1) Those ex-service men and women who have served on
active duty in any branch of the Armed Forces of the United
States and who have been separated there from under
honorable conditions and who have established the present
existence of a service - connected disability, which is
compensable under Public Laws Administration.; or whn-are
receiving compensation, disability retirement benefits, or
pension by reason of Public Laws administered by the United
States Veterans Administration or Department of Defense; and
(2) Those ex—servicemen and women who have served
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active duty in any branch of the Armed Forces of the United
States during any war, or in any campaign or expedition
(for which a campaign badge has been authorized),and
have been separated there from under honorable conditions.
b. In all examinations to determine the qualification for entrance
into the service, ten(10) points shall be added to the earned
ratings of those persons included under Section 4a (1)
and five (5) points shall be added to the earned ratings of
those persons included under Section 4a (2),provided that
such points shall be added only to earned ratings which are
equal to or greater than the minimum rating for qualification
as announced by the Board; the names of preference eligibles
shall be entered on an.appropriate register or list of eligibles in
accordance with their respective augmented ratings, and the
•
name of preference eligibles shall be entered ahead of all
others having the same rating, provided however, that except
for positions in professional and scientific services for which
the entrance salary is over$18, 000 per annum, the names of all
qualified ten—point preference eligibles whose service—connected
disability has been rated by the Veterans Administration to be thirty
(30) percent or more shall be placed at the top of the appropriate
register in accordance with their respective augmented ratings.
C. Where an employee has been honorably discharged and has
been reinstated in his former position,upon his first examination
to determine his qualifications for promotion, ten(10) points shall
be added to the earned ratings of those persons included under
Section 42 (4). The Board has interpreted this to mean the first
promotional examination after return to duty from military service
and since June 6, 1947, the date of passage of this Act by the
• Legislature of the State of Florida.
d. The Board shall require such documentary proof as necessary to
establish preference as mentioned above.
•
RULE IX
ENTRANCE ELIGIBLE REGISTER
SECTION 1. ESTABLISHMENT OF REGISTERS: From the results of each examination, the
Board shall prepare and keep open for public inspection and Eligible Register of the persons whose
average ratings is not less than the passing grade, and who are otherwise qualified for appointment.
Eligible applicants shall be notified of their rating and shall take rank on the eligible register in the
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order of their relative grades,beginning with the highest rating(Veteran's preference being complied
with beforehand). Whenever two or more persons make the same grade, the applicant filing first
shall be placed ahead of others maldng the same grade. Whenever it becomes necessary to hold _ . .
another similar examination in order to obtain additional eligibles, the Board may consolidate the
existing registers of the same class by rearranging the names according to the grades made in the last
examination. All persons on the registers to be merged with the new one shall have the opportunity
to better their grade by forfeiting present grade and taking the latest examination, provided said
persons can meet the qualifications required for the.new examination.
SECTION 2.DURATION OF REGISTER: The term of eligibility of each register and of the names
appearing thereon shall be fixed by the Board at not less than one (1) year nor more than two (2)
years. Any register that has been in effect for more than one(1)year may be abolished at any time
by the Board. Eligibles on the register at the time shall be notified of such action.
•
SECTION 3. REMOVAL FROM REGISTER: The name of any person appearing on an eligible
register may be removed for the following reasons:
a. By appointment in the classified service.
b. By request of applicant in writing. •
c. Failure to report or arrange for an interview with the appointing
authority within three (3) days after the time of certification
(Sunday and holidays excepted). • •
d. Failure to respond to a notice from the Board
e. Declining an appointment without satisfactory explanation
to the Human Resources Director or the Board.
f. An eligible who has declined an appointment on the ground of -
insufficiency of salary offered shall not thereafter be certified
for any position at the same or less salary, and his name shall
be removed from the register. The said eligible shall be notified to
this effect unless his whereabouts are unknown. To be
- reinstated on the eligible register, the said person must
satisfactorily explain to the Human Resources Director the
circumstances which caused the removal.
g. Disqualification of Eligibles. If, after creating an eligible register,
the Board has reason to believe a person enrolled has become
disqualified for appointment because of errors discovered in
computing the examination grade, or because of a false statement
made in the original application,-or for other valid reasons,then the
said person shall be notified and given the opportunity to be heard.
If said person shall fail to appear at the hearing when set by the
Board,the name of the said person shall be removed from the eligible
register.
h. Change of Address. Every person on the eligible register shall file
with the Board written notice of any change of address; failure to do
so may justify removal of name from the register.
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i. When an eligible certified for appointment shall fail to accept said
offer made by mail or otherwise within the four (4) business days
.succeeding the notice of appointment, he or she shall be deemed to
have declined the appointment,and his or her name shall be removed
from the eligible register. if, however, it shall be made to appear to
the satisfaction of the Board,within thirty(30)days after giving such
notice, that the said person unavoidably and without fault on his or
her part prevented from accepting said appointment, the name
may be restored to its proper position on the eligible register. When
•
an eligible certified for permanent employment refuses twice to
accept a position,his or her name may be removed from the eligible
register.
•
SECTION 4. WAIVER OF RIGHT TO CERTIFICATION: No person whose name is on the
eligible register may waive right to certification or appointment without being removed from the said
register except for the following reason stated in writing to the Board:
Temporary inability,physical or otherwise,to accept the position offered,the proof of which shall be
acceptable to the Board. The Board shall enter upon its minutes the reason for its action in each
case, and the waiver shall not continue in effect for a longer period than thirty(30) days from the
date of certification without a special vote of the Board. The appointing authority shall forward to
the Board, with the notice of appointment, copies of all correspondence to and from the person
declining the said appointment
•
SECTION 5. REVOCATION OF ELIGIBLE REGISTER: An eligible register
may be revoked and another examination ordered when the Board shall deem it advisable either
because of errors discovered, fraud committed, or inappropriate standards prescribed for any
examination. All persons named on the revoked register shall be given the opportunity to take the
next examination for establishing
a new register. No existing eligible register shall be altered or revoked by action of the Board.
RULE X
PROMOTION ELIGIBLE REGISTER
SECTION 1. ESTABLISHMENT AND POSTING OF REGISTER:
From the results of each promotional examination,the Board shall prepare and keep open for public
inspection an eligible register of the persons whose average rating is not less than the passing grade
and who are otherwise qualified for appointment. Said persons shall be notified of their rating and
shall take rank on the eligible register in the order of their relative grades,_be, inning with the highest
rating
(Veteran's preference being complied with beforehand). Whenever two or more persons make the
same grade,the employee with the most seniority shall be placed ahead of others who made the same
grade. If a tie still exists, then the one filling the
original work application first shall be placed ahead of the other.
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SECTION 2. DURATION OF REGISTER:
The term of eligibility of each register and of the names appearing thereon shall be fixed_by the-.. -
Board at not less than one (1)year or more than two (2)years. Any register that has been in effect
for more than one(1)year may be abolished at any time by the Board. Eligible on the register at the
time shall be notified of such action.
SECTION 3. REMOVAL FROM REGISTER:
• The name of any person appearing on an eligible promotional register may be removed for the
following reasons:
a. By promotion to the position for which examined.
b. By request of applicant in writing.
c. By declining a promotion without satisfactory explanation to the Human .
Resources Director or the Board.
d. If, after creating an eligible.register, the Board has reason to believe a person
• enrolled thereon has become disqualified for promotion because of errors
discovered in computing the examination grade,or because of a false statement
made in the original application,or for other valid reasons,then the said person
shall be notified and given the opportunity to be heard. If said person shall fail
to appear at the hearing when set by the Board, or after being heard fails to
convince the Board, the name of the said person shall either be passed or
removed from the eligible register.
•
SECTION 4. REQUEST FOR CERTIFICATION: •
Whenever a department director or other City employee shall request a certification from the
Human Resources Director for promotion to any position in the competitive class, the Human
Resources Director shall specify the title and compensation for such position so that certification
may be made from the proper eligible register.
•
SECTION 5. CERTIFICATION AND SELECTION: The Human Resources Director as soon
practicable, shall certify from the appropriate eligible register for each vacancy the name and
examination grade of the person who stands highest on the register. Only under unusual
conditions, satisfactory to the Board, shall the name of an eligible be passed over. Under these
circumstances, the Board shall certify the name of the next highest on the register. Requests of
this nature shall be submitted in writing by the department director giving specific reasons for
selection of an eligible by passing over an eligible whose standing is higher on the register.
Employees whose names are passed under provisions outlined in the proceeding paragraph shall
be notified in writing and shall have the right of hearing before the Board. The request for a
hearing must be presented to the Board within five (5) days of the date of the notice of
anticipated action.
17
•
SECTION 6. WAIVER OF RIGHT TO CERTIFICATION: Whenever a department director
indicates to the board that an employee whose name is on a promotional register desires or is
willing to waive his right to promotion, it shall be necessary for this employee to come before the
Board in person and indicate this willingness or desire. It shall be contrary to these rules for
anyone in a supervisory capacity to attempt to influence an employee to waive his right to
promotion. Any employee whose name is on a promotional register, and who has registered a
desire.or willingness to waive his right to promotion on two different occasions, will be further.
considered for promotion only to vacancies appearing in the department in which he is employed.
RULE XI
COMPETITIVE CLASS APPOINTMENTS
SECTION 1. FROM ELIGIBLE REGISTER: Each vacancy in the classified service not filled
by promotion, transfer, reinstatement or reduction, shall be filed by appointment from the eligible
register established for the particular position. Appointments shall b e made to,or employment shall
be given in, all positions in the competitive class by selection ofpersons certified on the most nearly
appropriate eligible register resulting from open competitive examination held by the Board except
as herein otherwise provided.
SECTION 2. REQUEST FOR CERTIFICATION(Requisition): Whenever a department director
or other supervisory employee shall request certification from the Human Resources Director for
appointment to or employment in any position in the competitive class,the department director shall
specify the title and duties for such position, so that certification may be made from the proper
eligible register, or, when necessary, a proper eligible.register may be prepared as the result of an
open competitive examination held for that purpose.
SECTION 3. CERTIFICATION AND SELECTION (THIS DOES NOT REFER TO
PROMOTIONS):
The Human, Resources Director or the Board, as soon as practicable shall certify from the
appropriate eligible register the ten(10)persons who stand highest thereon, giving their names,
address and examination grades. Whenever a group of ten(10) eligibles is certified, one of the
candidates must be appointed to the position under consideration. Eligibles not selected shall be
returned to the.register in accordance with their relative grades. Such eligibles shall be re-
certified in groups of ten (10) eligibles and if not appointed, may be considered at the total of
four(4)times and then removed from the eligible register. Eligibles considered for appointment
and not selected will not be recertified to the same department after two (2) considerations. If..
more than one vacancy exists certification shall be made in a number sufficient to fill the
vacancies. Eligibles_so certified shall be considered for appointment in groups of ten (10)
eligibles. Selection will be made in accordance with the foregoing procedures.
SECTION 4. PROBATIONARY APPOINTMENTS:
Appointments in each department shall be deemed complete, following a period of probation or
18
working test period of 90 days, at which time a performance rating shall be submitted. Such
probationary employee may be discharged or reduced in rank at any time within said period, on
recommendation of the director of the department and upon receipt bythe Board of a statement in
writing,within three(3) days from date of such action,from the director of the department outlining
specific reasons for such action against the employee. Dismissals which have the approval of the
board are final and the probationers dismissed are restricted from taking further examination,except
by special ruling of the board.
SECTION 5. ABSENCE OF ELIGIBLE REGISTER:
In the absence of an eligible register and whenever there are urgent reasonsfor filling a vacancy in
any position in the competitive class,the Human Resources Director may nominate a person to the
Board for appointment as follows:
a. Provisional Appointment—To appoint provisionally with the understanding that
the nominee shall be required to pass a competitive examination, and his
continuance in said position shall depend on his standing on the eligible register
of said examination. Provisional appointment shall not exceed ninety(90)days
and shall not continue more than ten (10) days after creation of said eligible
register. Appointment may be made of an applicant who is believed to have all
the qualifications for the position but who has not yet met all requirements
which have been established by the Board. For a provisional appointee who
passes an examination and appointed to the position, the probationary period
shall be 90 days less time worked during the last provisional appointment.
b. Temporary appointment. A temporary appointment maybe made for a specific
period of not more than ninety (90) days for a special project, or to replace an
employee on leave of absence. The appointee may hold the position until a
competitive examination shall establish an eligible register.
SECTION 6. CHANGE OF STATUS: No employee shall appoint,engage,employ,or promote
any subordinate officer or employee in the classified service,or in anyway change the official status
of any such officer or employee, except in accordance with these rules, and no such appointment,
engagement, employment, promotion, or other change of status made in contravention of any
provision of these rules shall be valid.
SECTION 7. CHANGE OF STATUS - UNCLASSIFIED SERVICE: Any employee who holds
a rank in the classified service and is appointed by the City Manager or the City Commission as
director of a department,or to any other position not in the classified Service,shall be returned to the
. rank from which said employee has been promoted upon personal request of the employee, if the
classified position has not been filled. Any employee in the classified service who accepts an
appointment_to an unclassified position shall retain his civil service status for a period of 90 days
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 ninety (90) days preceding the passage of this section must immediately upon its
19
adoption exercise the above option. No seniority credits shall accrue to said employee while
assigned to the said position,but he shall retain his previous seniority record and continue it when
returned to his former.rank. . .
However,nothing in this section shall be construed to deprive such employee,if serving in the same
field of work, from taking promotional examinations and if qualified, receiving promotion in due
course.
SECTION 8. INVESTIGATIONS REGARDING ABUSES: Whenever the Board has reason
to believe that these rules have been violated by the abuse ofpower in recommending or making
•an appointment to any position, or in a lay-off, demotion, suspension, or removal without
justification, it shall be the duty of the Board to investigate. If in malting this investigation the
Board shall find that said violations were contrary to the intent and spirit of these rules and
regulations,it shall make a report of its findings to the City Manager; and when necessary,to the
City Commission.
SECTION 9. NOTICE IN WRITING: Immediate notice in writing shall be given by the department
director to the Human Resources Director of all appointments (permanent, provisional, and
temporary),transfers,promotions,resignations, suspensions and vacancies from any cause, and the
date thereof, and a record of same shall be kept by the Board. Whenever a new position is created or
an old one abolished or consolidated with another of different classification, or the compensation
changed, the department director interested shall immediately report same in writing to the Human
Resources Director.
•
SECTION 10. FINGERPRINTS: Fingerprints will be taken of all Civil Service
personnel,including all classified and unclassified,as required by Ordinance No. 812,dated May26,
1966.
• RULE XII
NON—COMPETITIVE CLASS'APPOINTMENTS
SECTION 1. AUTHORITY TO FILL POSITIONS: Positions in the non—competitive class may
be filled by the City Manager, or the Human Resources Director as follows:
Persons selected for appointment must complete the regular application together with proof of
education, training, experience, ability, and character,•as the Board may require and investigate.
When the Board has determined to its satisfaction that the position falls in the non — competitive
class and the persons under consideration are properly qualified for employment, it shall so advise
the Human Resources Director and the appointment shall be made. If, on the other hand, the
applicant is not eligible for appointment, the City Manager or the Human Resources Director shall
make another selection in the same manner as previously noted.
RULE XIII
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APPOINTMENTS IN LABOR CLASS
SECTION 1. REQUISITIONS: The department director or other supervisory employee
when making requisitions for laborers shall designate the number required. The Human- • -
Resources Director shall select from the labor register double the number of laborers called for
and request them to report at the time and place designated by the department director, sending
him a list of the laborers notified , arranged in the order of their position on the register, for
selection.
SECTION 2. LABOR REGISTER: A copy of the labor.register shall be furnished to the
department director requiring this class of help, and said department director shall employ only the
laborers named on said register, making his selection as nearly as possible to their standing on the
said register. Immediately after employment, the department director shall notify the Human
Resources Director in writing of the selections, giving their names, addresses, and registration
numbers. If any laborers duly enrolled on said register are not given employment when their turn
comes, the department director shall immediately notify the Human Resources Director in writing
the reason for such omissions. Persons holding positions in the labor class and who were at the time
of registration permanently employed, may retain their positions without further registration.
SECTION 3. RE—EMPLOYMENT: Persons holding positions in the Labor
class whose employment has been discontinued by reason of the completion of the work or
its temporary suspension, may be re — employed within one (1) year upon resumption of
work, provided the department director had certified them to the Board when they were
previously laid off.
•
SECTION 4. RETENTION ON REGISTER: Any person not selected but still in
good standing shall remain on the labor register. Any person whose employment has been
terminated for reasons•other than failure to work, incompetence, or physical or moral
disqualifications, shall be restored to the register in the order of lay—off.
SECTION 5. LACK OF REGISTER: In the absence of an eligible register of
laborers, or in emergency when it is impossible to wait until the persons on the register can be
notified, the department director requiring the help may make a selection from any laborers
immediately available, in which event the names, addresses, nature and probable duration of
employment with rate of pay shall be reported to the Board. •
RULE XIV
•
ABOLISHMENT OF POSITIONS
SECTION 1. DISPOSITION OF ENROLLEES: Whenever a position is abolished, the
person who held said position shall be transferred by the Board to the head of an appropriate eligible
register for a period not to exceed one (1) year, and Comply with Rule XV11, Section 1.
21
•
SECTION 2. ABOLISHED POSITION REVIVED: Should it be found advisable to revive or
recreate a formerly abolished position within one (1)year from the date of its abolishment, the last
incumbent of the original position shall be entitled to the new position,provided the employee was a
regular, full-time employee at the date of separation.
RULE XV
PROMOTIONS
•
SECTION 1. PROMOTION POLICY: It shall be the policy of the Board to fill all vacancies in
the higher positions in the classified service by promotion or advancement of qualified employees
from the lower classifications in the same group, insofar as the Board determines that such action is
in the best interests of the service.
SECTION 2. PROMOTIONS WITH NON—COMPETITIVE EXAMINATIONS:
In exceptional cases,the Board may authorize promotion by the applicant passing a non-competitive
examination upon presentation by the department director of a written statement showing that the
duties performed by the employee nominated are a natural preparation for the higher position,that
such person is entitled to promotion by reason of service and effective performance,and that no other
employee of the department meets the foregoing conditions,such statement having been accepted by
the Board.
SECTION 3. TEMPORARY PROMOTIONS: An emergency, interim, or temporary
appointment from a lower to a higher position made necessary by reason of illness, disability, or
other cause for absence of the regular employee, may be authorized without examination by the
Board upon written request with full information from the department director. Promotions will
terminate with the return of the regular employee, and all circumstances shall be recorded by the
Board in its minutes.
SECTION 4. REPORT FROM DEPARTMENT DIRECTOR: To enable the Board to properly
grade applicants for promotion in accordance with their p ast service record and performance rating,it
shall have the right to call on the department director for a report on each applicant, giving full
information as to ability and general qualifications to fill the higher position. The Board, or its duly
authorized representative, shall have the right to inspect the operational records of said department
director to facilitate the promotional examination.
SECTION 5. POLICE PROMOTION: Employees of the Department of Police, engaged in
general duty police work in the prevention of crime, the enforcement of laws, investigation of
22
criminal offenses, and related police problems, shall be considered eligible to take a promotional
examination after completion of two years of continuous satisfactory service in the lower ranks,
following certification to that rank by the Board. ... . .
RULEXVI
TRANSFERS
SECTION 1. INTER—DEPARTMENTAL TRANSFERS: Any employee in the
classified service who has served the required probationary period may be.transferred with the
approval of the Board from a position in one department to a position of the same class in another
department,upon approval of the heads of the two departments concerned and with the consent of
the employee to be transferred,without having to serve an additional probationary period. Nothing
herein shall be construed to interfere with the right of the City Manager to assign or reassign
employees within a given class among the various departments under the City Manager's control as
deemed in the best interests of the service, irrespective of consent of employee assigned.
•
SECTION 2. ASSIGNMENT TO OTHER WORK: Any employee in the classified
service may be assigned to work other than that described in the specification of the classification of
the position held but of the same general level of responsibility,-for aperiod not exceeding thirty(30)
days without notice to the Board. Such an assignment shall involve no change in compensation. No
person shall be employed for more than thirty (30) days on duties other than those implied by a
competitive examination and is appointed in accordance with the procedure in these rules. In the
event that an employee becomes physically incapacitated to properlyperform the duties required,the
director of the department, with the approval of the City Manager, may transfer within his own
department, said employee to another position with acceptable requirements,and a written report on
said transfer shall•be made to the Board. (Assignments of employees in the Department of Police or
to perform the same duties in various districts, and to assist each other, and similar changes in other
departments of the location of the employee's work area, and not of the position held, and where
there is no change in salary, are not to be construed as transfers but as routine details).
RULE XVII
LAY—OFF, RESIGNATION, AND REINSTATEMENT
SECTION 1. LAY—OFF PROCEDURE: Whenever it becomes necessary to reduce the number of
employees within a given class in any department through lack of work, funds, or other causes,
employees shall be laid off in the following order:
1. Emergency or temporary appointees.
2. Provisional and probationary employees.
23
3. Regular, full-time employees.
An employee laid off may be transferred to another position with similar duties or to a lower class
than the one just vacated. If the said employee had been promoted before being laid off and there is
no vacancy in the same classification for which he would be eligible,then if the employee's lay—off
score is higher than the lowest rated employee in the same.position from which the employee had
been promoted, the employee may be demoted and the lowest rated employee laid off or transferred
with the approval of the Board.
SECTION 2. RESIGNATIONS: Any former employee who has resigned from the
classified service will not be eligible for reinstatement. Such former employees,upon application for
employment, will be processed in the same manner as any other applicant, including the filing of an
application, the taking of an examination, and the selection from an eligible register in accordance
with personnel rules. No seniority credit will be given for services rendered prior to date of
resignation.
RULE XVIII •
PERFORMANCE EVALUTIONS
SECTION 1. REPORTS REQUIRED: Performance evaluations relative to the ability and conduct
of regular, full-time employees in the classified service shall be made at least semiannually by the
• department director on forms prescribed by the Human Resources Director. The first performance
evaluation for employees hired subsequent to adoption of these rules will be required at the
termination of the probationary period and each six months thereafter. All records, reports, and
performance evaluations of said employee in all branches of the service shall be open for inspection
and review by the Board or its authorized representative. The performance evaluations given to the
Board covering employees in a particular department shall be open for inspection by the said
department director and every employee shall have the right to see his or her performance rating.
Reporting authorities shall advise the Board whenever an employee is taking an accredited academic
course pertaining to his or her position with the City of Opa-locka.
SECTION 2. RECOMMENDATIONS REGARDING PERFORMANCE: The Board shall report to
the department director in each branch of the service its findings and recommendations for
improving the performance of an employee, and shall conduct whatever investigations may be
necessary to ascertain the facts pertinent to a fair determination of the standing of said employee.
SECTION 3. METHOD OF APPEAL: A regular,full-time employee, or one who has
completed a probationary period,who feels that the performance rating is not accurate shall have the
right of appeal to the Personnel Board not later than thirty (30) days from-the date on which
notification of the performance rating was given to the employee. Such appeal shall be in writing
and shall be filed with the Human Resources Director who shall arrange for the consideration of the
appeal by the Board as soon as practicable. Both the employee and the department director shall be
notified reasonable in advance of the time and place of consideration of such appeal by the Board,
and shall have the right to present witnesses and give evidence in accordance with the rules and
regulations as established by the Board. The Board within a reasonable time after consideration of
the appeal shall make its recommendation in writing to the department director with a copy of said
24
•
recommendation being sent to the City Manager. After consideration of the Board's
recommendation, the department director shall make his decision which shall be final and which
shall be duly recorded in the permanent records of the department and the Board_ The Human
Resources Director shall in writing, promptly notify the appellant of the department director's
decision.
RULE XIX
DISMISSALS, SUSPENSIONS, DEMOTIONS, AND RESIGNATIONS
SECTION I. NOTICE: The removal, suspension or reduction in pay or class of a regular,full-
time employee who has completed the probationary period shall not become effective until the
department director shall have first served the said employee with a written notice thereof,together
with such facts in detail as shall enable the said employee to explain the situation in his own defense.
A copy of said notice together with the employee's explanation,if any,shall be filed with the Board.
A temporary or provisional employee may be discharged by the City Manager without appeal to the
Board.
SECTION 2. GROUNDS FOR REMOVAL, SUSPENSION AND REDUCTION IN PAY OR
CLASS: The following are declared to constitute a breach of duty and to be grounds for
removal, suspension or reduction in pay or class from and within the classified service,although
charges may be based upon causes other than those enumerated, that is,that any employee...
a. Has been convicted of a felony (Resolution 752, April 14, 1955) or of a
• misdemeanor involving moral turpitude; or offense against the dignity of the
City; or
b. Has been guilty of an immoral or criminal act. If such act is, at the time
the charges are preferred, involved in a criminal proceeding before the
grand jury or the courts, the employee so charged may request that the
• hearing be postponed or continued with his consent until such time as the
criminal proceedings are terminated, and such request shall be granted
provided, however, that the said employee shall execute a waiver of all
rights to pay during the said period of post-ponement; and provided,
further, that said employee may have the hearing or investigation proceed
at any time on ten (10) days notice in writing; or
c. Has willfully, wantonly, or through culpable negligence,been
guilty of brutality or cruelty to a person in custody;or
d. Has willfully violated any of the provisions of the Civil Service law
or Rules of the Personnel Board; or
e. Has violated any lawful and reasonable official regulation or
order, or failed to obey any lawful or reasonable direction made
and given by his superior,where such violation or failure to
obey amounts to an act of insubordination or a serious breach of
proper discipline; or
25
f. Has been intoxicated on duty or off; his conduct bringing
reproach upon the City; or
g. Has been guilty of actions which amount to insubordination or
disgraceful conduct, whether committed on duty or off; or
h. Has been wantonly offensive in conduct or language towards
the public or City Officers or employees; or
Has solicited the vote of a member of the City Commission for
or against a proposed ordinance or resolution, or a proposed
item in the budget, or an appropriation ordinance concerning the
employee's department, where such solicitation is charged and
established to have been elsewhere than at a public hearing
of the City Commission or a committee thereof; or
j. Is incompetent, negligent, or inefficient in the performance of the
duties of the position held; or
k. Is careless or negligent of the property of the City; or
1. Has used, or threatened, or attempted to use political influence
in securing promotion, leave of absence, transfer, change in
pay, change in character of work, or revision of examination
grade; or
m. Has guided, or in any manner had been concerned in assessing,
soliciting, or collecting money from any officer or employee in
. the service of the City for the purpose of making a gift to a
public officer; or
n. Has been induced, has induced, or has attempted to induce an
officer or employee in the service of the City to commit an
unlawful act, or to act in violation of lawful and reasonable
departmental or official regulation on order; or has taken any
fee, gift, or other valuable thing in the bourse of his or her work
or in connection with it for his or her personal use from any
citizen, when said contribution is made with the hope or
expectation of receiving a favor or better treatment than is
accorded to other citizens; or
o. Has intentionally falsified a time record or failed to report
absence from duty to superiors; or if, after employment, it is
found than an employee has made a false statement in the
application for employment; or
P. Has been absent from duty without leave contrary to the rules of the Board,
or has failed to report for work after the leave of absence has expired,or after
said leave of absence has been disapproved or revoked and cancelled. If said
absence or failure to report is excusable, the charges may be dismissed
and the employee reinstated in his or her former position unless the
position has been filled from the eligible register, in which case the latter
employee may remain and the former employee's name be placed on the
26
eligible register in the order of seniority for re-instatement; or
q. k Is antagonistic toward superiors and fellow employees,
• criticizing orders, rules and policies,and whose conduct
interferes with the proper cooperation of employees and
impairs the efficiency of the public service; or
r. Has been refused a surety bond when applied for a
qualification for employment; or
s. Has misused sick leave privilege or has excessive tardiness,
absenteeism without good cause; or
•
t. Has, without the permission of the City Manger been found to have in his
possession and using any recording instrument or device to secretly record
conversations without the knowledge or consent of the person or persons
whose conversation may be recorded; or
u. Has, in his official capacity, solicited or recommended attorneys to
persons or employees involved in accidents, in injuries
property sustained by employees in the course of their
employment, in property damage, or in any litigation involving
the City.
•
(Note: Nothing contained in any, of these rules shall interfere with the right
and duty of the City Manager or the department heads, or a citizen, to file charges on any grounds
which he considers justifiable against any employee.)
SECTION 3. SUSPENSION; REDUCTION IN PAY OR CLASS; APPEAL:
That any officer or employee in the classified service of the City who has not completed the
probationary period-or who is serving under provisional,temporary,or emergency appointment may
be suspended, reduced in pay or class, or removed for cause at any time by the City Manager. 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 or the City who has been appointed following
certification from a reemployment or employment list maybe suspended,reduced in pay or class,or
removed for cause at any time during the probationary period by the City Manager by giving the
employee written notice of such suspension,reduction, or removal together with a statement of the
reasons therefore. 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
probationary period may be suspended,reduced in pay or class or removed by the City Manager,in
the manner prescribed in this section as supplemented by the policies of the Human Resources
Department. A written notice of the suspension,reduction, or removal,stating the reasons therefore
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(5)business days after receiving such written notice
27
may appeal in writing to the Board for a hearing. The Board shall immediately set a time and place
not later than five (5) 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 Board may, at the request of the City Manager 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 Board may make any further investigation
which it thinks proper..Within forty—eight(48)hours after the completion of the public hearing or
such investigation,the Board shall report its findings to the City Commission. A copy ofthe written
statement given to the officer or employee, a copy of any written reply thereto and a copy of the
findings of the Personnel Board shall be filed as a public record in the office of the Human
Resources Department.
SECTION 4. RESIGNATION BEFORE APPEAL: The acceptance of the resignation of an
employee suspended, removed or reduced in pay or rank,before final action by the.Board, shall be
considered a withdrawal of the charges, and the separation of the employee concerned shall be
recorded as a resignation and the proceedings shall be dismissed without judgment.
. SECTION 5. FAILURE OF PARTIES TO APPEAR: If the employee notified shall fail to
appear at the time fixed for the hearing, the Board shall hear the evidence and render judgment
thereon. If the department head shall fail to appear and if no evidence is offered in support of the
charges made, the Board may render judgment by default, or may hear evidence offered by the
appellant employee and render judgment thereon, which judgment shall be forwarded to the
department head and the employee.
SECTION 6. REAPPOINTMENT DISQUALIFICATIONS: Any employee who has
completed the probationary period and who is. removed for misconduct or delinquency, or who
resigns while not in good standing, shall be disqualified from participating in any examination given
by the Board, for at least two years thereafter, unless in the judgment of the Board,the charges will
not affect the employee's usefulness in other classifications.
SECTION 7. DISMISSAL OF PROBATIONARY EMPLOYEES: Whenever it is necessary
for the City Manager to dismiss a probationary employee before the completion of the probationary
period, a report of the charges, shall be forwarded to the City Manager to request approval. A copy
also will be given to the Board for filling with the service record of the said employee. An employee
dismissed during his probationary or working test period shall not be entitled to an appeal to the
Board..
SECTION 8. SUSPENSION:. A classified employee may be suspended without pay for
disciplinary action not to exceed fifteen (15) calendar days by the head of the department,with the
approval of the.City Manager.
28
SECTION 9. SUSPENSION DURING INVESTIGATION: The-performance by any employee of ..
duties for and on behalf of the City of Opa-locka in which life or property has been lost, or the
circumstances surrounding the performance of said duties may require investigation by the City
Manager or as ordered by the City Commission, shall result in an automatic suspension of the
employees involved therein provided:
a. The suspension shall be with pay.
b. That the employee shall be reinstated or disciplined upon the
order of the City Manager or City Commission at the completion
of the investigation, which shall not exceed ten days.
•
RULE XX
POLITICAL RULES
SECTION 1. DISCRIMINATION PROHIBITED: No person in the classified service, or
seeking admission thereto, shall be appointed, reduced or removed, or in any way favored or
discriminated against because of political opinion; or affiliations.
•
SECTION 2. POLITICAL ACTIVITY: No officer or employee of the City shall directly or
indirectly solicit or receive-or be in any manner concerned in soliciting or receiving any assessment,
subscription, o'r contribution for any political party or any political purpose whatever. No person
•
holding a position in the classified service shall take part in political management or affairs or in
political campaigns further than to cast his vote or express privately his opinion.
SECTION 3. ABUSE OF POLITICAL INFLUENCE: No person who holds anypublic office,
or who has been nominated for, or who seeks a nomination or appointment to anypublic office,shall
con-aptly use or promise to use, either directly, or indirectly, any official authority or influence in
order to secure or aid any person in securing personally, or for another, any office or employment in
the classified service
or any promotion or increase in'salary therein, as a reward for political patronage. Nor shall any
person,by the means of threats or coercion,induce or seek to induce anyone in the classified service
to resign or to waive his personal rights to certification, appointment or promotion.
29
RULE XXI
. . RESTRICTIONS ON OTHER EMPLOYMENT ..
SECTION 1. OTHER EMPLOYMENT PROHIBITED: No regular,full-time employee
shall hold any other position,or pursue any other gainful occupation,without having first obtained
the permission of the depai[anent head, the City Manager and the Board. New requests must be
submitted annually or whenever there is a change in outside employment.
RULE XXII
HOURS OF WORK, ATTENDANCE AND LEAVE
SETION 1. HOURS OF WORK: The City Manager shall determine the actual hours
of employment for any or all employees of the City whenever such action in his opinion is in the best
interest of the City service.
SECTION 2. VACATION WITH PAY/ANNUAL LEAVE:
a. All employees are given vacation, annual leave with pay, calculated based
•
on actual service in the previous calendar year as follows:
(1). Regular, full time employees with 1-5 consecutive years of service
accrue 12 vacation days annually.
(2) Regular full-time employees with 6- 10 consecutive years of
service shall accrue 15 vacation days annually.
(3) Regular, full-time employees with 11-15 consecutive years of
service shall accrue 18 vacation days annually.
(4) Regular, full-time employees with 16-20 consecutive years of
service shall accrue 20 vacation days annually.
(5) Regular,full-time employees with 21 consecutive years of service or
more shall accrue 22 vacation days annually.
b. Employees begin accruing annual leave on the day they are hired.
However, annual leave cannot be used until after the completion of the
employee's probationary period.. Employees discharged prior to
completion of probationary period
are not entitled to payment for accrued leave. Employees who
complete the probationary period are entitled to payment as noted in
the Personnel Policies/Administrative Regulations.
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c. If a person enters the employ of the City prior to the fifteen(15th)
of the month, it shall be considered as a full month of service.
d. It is intended that annual leave will be taken within the calendar
year in which they are due. Annual leave cannot be postponed to the
following year without the approval of the Human Resources Director
and department director. Annual leave shall be taken at the discretion
of the department director.
e. Part-time employees receive annual leave pro-rated based on the
number of hours worked each month.
SECTION 3. SICK LEAVE WITH PAY:
a. Regular, full-time employees are allowed sick leave with pay.
Regular,full-time employees accrue one(1)day for each full month of
service. Sick leave accrues from the date of hire, but cannot be
utilized until completion of the probationary period.
b. Temporary employees•whose appointment is made regular, full time
are eligible for sick leave on the basis of the date of their original
temporary appointment. Sick leave with pay is cumulative from year
to year up to the maximum determined by the Personnel
Policies/Administrative Regulations.
c. The department head should not grant sick leave for any employee for
time that would exceed the earned sick leave allowance:
(1) Any person, who needs to take off for reason of sickness,
shall use sick leave and not use compensatory time.
(2) When an employee has used up the accumulated sick
leave allowed and is still unable to return to work,the excess
time absent will automatically be charged to the vacation
leave due rather than terminate the employee. In the event,
however,that an employee is unable to return to work and has
exhausted both sick leave and vacation due him, his request
for additional unpaid leave must be approved by the Board
and the City Manager.
e. Care and discretion shall be exercised by department heads to
prevent the abuse of these liberal sick leave privileges.
Absences on account of trivial indispositions must be
discouraged. In cases where the supervisor suspects that the
31
employee is malingering, sick leave with pay shall not be
granted. _ .
•
f. In order to receive compensation while absent on sick leave,
the employee must take steps to notify the immediate
superior of the illness within two (2)hours after the time set
for the beginning of the daily duties. In the event the
employee is incapacitated to such an extent that in the
opinion of the Board, it was physically
impossible for the employee to notify his immediate superior
of his absence on account of sickness, the Board may, in its
discretion, waive this requirement. When said absence is
more than one—half Y2 day,the employee concerned in order
to receive compensation;must file with the Human Resources
Director a Certificate from a licensed physician recognized
by the Board, stating that said employee was unable during
the whole of said absence to perform the duties thereof.
g. For all part-time employees, sick leave shall be earned on a pro-rata
basis depending upon the number of hours worked in a month.
• h. Full time employees will be charged eight hours •
against accrued sick leave for each day they report in
sick.
SECTION 4. CIVIL LEAVE:Upon approval of his department head and the City Manager, any
employee holding a position in the classified service shall be granted a leave of absence with pay for:
a. Service upon a jury. Pay in this instance will be the
difference between that received for jury duty and employee's
daily rate.
b. Appearance before a court, legislative committee, or other
judicial or quasi-judicial body as a witness in action involving
the Federal Government, the State of Florida, a political
subdivision thereof, or the City, in response to a subpoena
or other direction by proper authority.
c. Attendance in court in connection with an employee's official
duty. Such attendance shall include the time required in going to the
court and returning to the employee's place of duty. Any absence,
however,whether voluntary or in response to a legal order to appear
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and testify in private litigation not as an officer
or employee of the City, but as an individual, shall be taken as
annual leave, as leave of absence without pay, or as a deduction
from authorized accumulated overtime.
SECTION 5. PERSONAL LEAVE WITH PAY:
a. National Holidays. The following and any other days designated
by the Commission or under its authority are holidays,and compensatory
time off shall be allowed for work done on these days: New Year's day,
• Martin Luther King's Birthday, President's Day, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veteran's Day,
Thanksgiving Day, Friday After Thanksgiving and Christmas Day. .
b. Religious Holidays. There is no official observance of religious
holidays except such as may also be National Holidays. It is the
policy of the City to reasonably accommodate the observance ofreligious
Holidays for employees when work flow permits.
c. Conventions or Conferences. Attendance at conventions or at
meetings of like character shall not be considered as leave from duty but
shall be noted on the payroll,and said absence must be pre-authorized by
the City Manager and Human Resources Director.
d. Employees participating in promotional examinations or
open competitive examinations for their present jobs prior to the
establishment of a register of eligible will be granted time off without
charge against leave for the time necessary to complete the examination,
when such examination is given during their tour of duty.
d. Medical Examinations. Employees will be excused for the purpose of
taking the physical fitness for employment in the service of the City.
This shall apply to both entrance and promotional examinations at the
discretion of the Board.
e. Death in Family. Any employee may in case of death in the immediate
family be given a maximum of four(4) days leave withpay. Employees
may receive a maximum of eight (8) days leave annually unless
authorized by the City Manager. The immediate family is constituted to
mean the following: Father, Mother, Sister, Brother, Husband,wife or
Child, and may also include any other person who is an actual member
of the employee's household. The circumstances of the employee's
personal leave shall be endorsed by the department head and submitted
by letter to the Board.
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e. Death in Family. Any employee may in case of death in the immediate
family be given a maximum of four(4)days leave with pay. Employees
may receive a maximum of eight (8) days leave annually unless
authorized by the City Manager. The immediate family is constituted to
mean the following: Father, Mother, Sister, Brother, Husband, wife or
Child, and may also include any other person who is an actual member
of the employee's household. The circumstances of the employee's
personal leave shall be endorsed by the department head and submitted
by letter to the Board.
f. Other Leave. The City Manager may approve requests for leave of
absence with pay in addition to the aforementioned for all employees in
the classified service upon the recommendation of the director of the
department, which in the judgment of the City Manager shall tend to
promote unity and efficiency in the public service, provided,however,
that said leave of absence shall also be approved by the Board.
g. All-employees will be given their birthdays off with pay after working
one full year and it shall not be accumulated or paid out.
SECTION 6. LEAVES OF ABSENCE WITHOUT PAY: The Director of a
department with the approval of the City Manager may grant leaves of absence without pay for the
following causes and not otherwise;
a. A temporary physical disability, provided however, that no
such leave shall be given for a period to exceed ninety(90)
days, unless said disability was caused by an injury without
negligence on the part of the employee, received in the performance
of duty, in which latter case the period of leave maybe extended with
the approval of the Board.
b. A leave of absence for the purpose of entering upon a
course of training or study or to engage in an investigation calculated
to improve the quality of the employee's service,but no leave shall be
granted for a period to exceed six(6)months with the right to extend
for another six (6)months,unless approved by the City Manager and
the department head. Where a leave of
absence is given for more than ninety(90) days,the position shall be
filled,if necessary, for the unused part of the said period of leave by a
temporary appointment from the eligible register. The employee
granted such leave shall not be guaranteed re-employment in the same
or similar position.
c. Employees granted leave in accordance with this section shall
understand the,acceptance of another position or engaging in other
34
•
employment while on said leave of absence shall be deemed a
voluntary resignation from the service of the City. Any vacancy from
said cause shall be filled by.a temporary employee for the duration of
not more than ninety(90)days. Leaves of absence during the required
probationary period of service of an employee shall extend the said
probationary period the length of time used during the said leave of
absence.
d. In no case shall leave of absence be given within ninety(90) day
of the employee's appointment, neither shall leave of absence be
• • granted within six (6) months after the return of the employee
from a leave of fifteen (15) days or more, except in the case of
disability. At the expiration of a leave of.absence, the employee
shall be returned to the position vacated when said leave of
absence was granted. .•
e. Whenever leave of absence without pay is granted, it shall be
promptly reported in writing to the Board.
f. Family and Medical Leave
1. Employees who have been employed by the City.for one
year and have worked at least 1,250 hours during the twelve months before
the start of the FMLA leave can take up to 12 weeks of unpaid leave in a•
12 month period for:
a. The birth or adoption of a child;
•
b. Acquiring a foster child;
c. The serious health condition of a child,spouse,or parent; and
d. The serious health condition of the employee.
•
2. The City uses a rolling twelve month period in calculating
FMLA leave. This means that each time an employee takes FMLA
leave, the amount of leave available would be the difference between
any leave already used in the immediately preceding twelve months and
the full twelve week allotment. •
3. The right to FMLA leave applies to male and female
workers.
• • 4. An employee must use his/her sick leave benefit for any part of
the 12-week period. If the employee's sick leave is exhausted, the
employee may request permission to convert annual leave to sick leave.
5. The City will maintain any pre-existing health insurance for the
duration of the leave and at the level and under the same conditions and
coverage as was provided prior to the commencement of the leave. It is
35
the employee's responsibility to pay his or her portion of the insurance
cost, if applicable.
6. An employee returning from FMLA will be restored to the
original or an equivalent position with equivalent benefits,pay and all
other terms and conditions of employment.
7. When husband and wife both work for the City, the total amount
• of leave that they may take is limited to 12 weeks if they are taking
leave for the birth or adoption of a child or to care for a sick parent.
8. When foreseeable, requests for a leave of absence or any
extension of a leave of absence should be submitted in writing to the
Human Resources Director. Employees on approved leave are expected
to report any change of status in their needs for leave or their intentions
to return to work to the Human Resources Director. In addition,
employees requesting leave due to their own serious health condition or
the serious health condition of a family member must provide medical
certification of the serious health condition. The City may require a
second or third opinion (at its expense),periodic recertification of the
serious health condition; and, when the leave is a result of the
employee's own serious health condition, a fitness for duty report to
return to.work. The City may deny leave to employees who do not
provide proper advance leave notice or medical certification.
9. If an employee fails to return to work at the conclusion of an
approved leave of absence, including any extension of such leave,the
employee will be considered to have voluntarily resigned from
employment.
•
SECTION 7. MILITARY LEAVE:
a. Employment Credit. Veterans honorably discharged from
• military service who were granted leave of absence for the
time spent in the Armed Forces of the United States as
actual service rendered in the employ of the City, as though
said employment had not been interrupted by the military
leave of absence, provided,however,that said service
credit shall not accrue to the veteran who was a working
test appointee at the time of induction until said veteran
shall have satisfactorily completed his working test period
•
36
granted this military leave in the future calendar years prior to those
of the same department who have previously received this military
leave. •
c. Requests for military leave shall be made as early as possible
but at least two weeks prior to the date such leave is desired.
d. Employees of the City who take the leave granted under
subparagraph (a) of this Section and who would receive
as military pay an. amount less than normal City Service salary
shall be paid the difference between those two amounts.
e. Should the military pay-of any employee of the City who takes
the vacation granted under subparagraph(e) of this Section
• exceed the employee's normal City Service salary, the City
shall pay no salary to such employee for such military leave
period.
f. The Provisions of this Section shall apply to employees who
receive military leave not exceeding two (2)weeks for training
• in additional to normal vacation leave, as provided in this
Section.
g. Employees who take the military leave provided in this Section
shall be credited with that time on their seniority status in the
City Personnel records.
h. The Finance Department shall prepare forms for request for
additional pay provided in subparagraph(d) of this section.
SECTION 9. FAILURE TO RETURN FROM LEAVE: Any employee who fails to report for
duty at the expiration of a leave of absence without the consent of the director ofthe department shall
be determined to have voluntarily resigned from his or her position with the City. Personnel records
will indicate "Voluntary Resignation—Failure to Return From Leave."
SECTION 10. RECORDS OF ABSENCE FROM DUTY:
a. All branches of the service are required to maintain a permanent record of
every absence from duty of employee.
b. The payroll clerk, or other responsible employee, shall be
charged with maintaining an accurate attendance record, on which
tardiness of the employee shall also be noted. Said record shall be open
to inspection by the representative of the Board. Absences,
irregular attendance of any land, and tardiness, shall be taken into
37
consideration when completing the employee's performance
_evaluation, and when said conditions are persistently indulged in,
they shall justify disciplinary action against the employee. It shall
be the duty of supervisors to report promptly to Human Resources
the absences from duty and cause of same. Failure to make said report
shall be cause for disciplinary action.
c. All absences of one—half V2 day or more shall be reported to the Human
Resources Department on the attendance record on the forms provided for
the purpose. Time off allowed for overtime worked by an employee at
the request of the department director shall not be regarded as absence
from duty and shall be noted on the attendance record as earned time off.
Overtime must be kept at the minimum. When overtime becomes
necessary, it shall be repaid in the form of time off as soon as possible.
•
•
RULE XXIII
PREVENTION OF UNLAWFUL HARASSMENT AND DISCRIMINATION
The City of Op a-lo cka is committed to providing a work environment that upholds employee dignity
and respect. In keeping with this commitment,the City strictly prohibits unlawful harassment based
on race, color, national origin, religion, disability, gender and other forms of unlawful harassment.
Any unlawful harassment,including sexual harassment,whether verbal,physical or environmental,
is unacceptable and will not be tolerated, whether it occurs in the workplace or at outside work-
sponsored activities.
To educate all employees,the City issued this policy together with an internal complaint procedure
for investigation of allegations of unlawful harassment. The City takes the matter of harassment very
seriously. All acts of unlawful harassment in the workplace,whether or not specifically mentioned
in this policy, are considered a serious offense and will result in disciplinary action, up to and
including discharge.
Training/Education
In an effort to ensure that all supervisors and employees understand their role in preventing unlawful
harassment, training and education sessions regarding this policy will be required annually.
Prohibited Harassment Defined
_Prohibited harassment is unwelcome verbal or physical conduct by an employee or any individual
including residents, consultants, vendors, or contractors, that denigrates or shows hostility or
aversion toward an employee and/or his or her relatives, friends or associates because ofhis/her race,
color, sex, religion,age, national origin, disability, veteran status, or other status protected by law,
and that:
Has the purpose or effect of creating an intimidating, hostile, abusive or offensive
working environment; or
38
• Has the purpose or effect of unreasonably interfering with an individual's work
performance; or
•
• Otherwise adversely affects an individual's work performance.
•
Sexual Harassment Specifically Prohibited
As part of the above-stated anti-harassment policy, no employee or any other individual including
residents, vendors, or contractors may sexually harass any employee.
Sexual Harassment Defined: Sexual harassment is defined as any unwelcome sexual advance,
request for sexual favors, or other verbal or physical conduct of a sexual nature when:
• Submission to such conduct is made, either explicitly or implicitly, a condition of
employment;
• Submission to or rejection of such conduct is used as a basis for decisions such as
promotion, discharge, perfoinlance evaluation, •pay adjustment, discipline, work
assignment, or any other condition of employment or career'development; or
• Such conduct otherwise unreasonably interferes with work performance or creates an
intimidating,abusive or offensive working environment,even if it leads to no adverse job
consequences.
The kinds of behavior that may constitute sexual harassment include, but are not limited to:
• • Unwelcome sexual flirtations, advances or propositions;
• Derogatory, vulgar, or graphic written or verbal statements regarding an individual's
sexuality, gender or sexual experience;
• Unwelcome touching,patting, pinching, or attention to an individual's body;
• Physical assault;
• Unwanted sexual compliments, innuendoes, suggestions or jokes;
• The display of sexually suggestive pictures or jokes;
• Subtle pressure for sexual activity;
• Repeated requests for social engagements or interactions,when prior social invitations
have been refused or when the employee has otherwise indicated such invitations are
unwelcome;
• Lewd or offensive comments, catcalls or inappropriate whistling;
• Repeatedly brushing against someone's body, or impeding or blocking normal work or
movement;
39
• Transmitting, accessing or drafting sexually explicit materials by computerized,
electronic, or other means, such as E-mail and voice mail.
Sexual harassment can be offensive comments or actions of a male to female,female to a male,male
to a male, or female to a female. It is not possible to identify each and every act that may constitute
sexual harassment. To establish a work environment that is not conducive to sexual harassment,the
City prohibits rough housing and other physical contact, except to the extent that it is necessary and
incidental to any employee's job. Moreover, with the exception of generally acceptable behavior
such as a handshake, no employee should intentionally touch another employee's body. People
should not be questioned about their sex lives or sexual preferences. Pictures of nude or scantily-
clad persons and sexual jokes are equally inappropriate in the workplaces.
Other Forms of Unlawful Harassment Specifically Prohibited
• This policy specifically prohibits harassment oh the basis of any characteristics protected by
local, state and federal anti-discrimination laws. Unlawful harassment is defined as verbal or
physical conduct that segregates or shows hostility or.aversion toward an individual because of
any characteristics protected by law, including but not limited to race, color, national origin,
religion, disability, gender, age,veteran's status, or sexual preference.
Examples of the types.of behavior that can lead to unlawful harassment may include, but are not
limited to, the following statements, behaviors, or documents:
• Epithets, slurs, or negative stereotyping that relate to the characteristics protected by law
noted above;
• Threatening,intimidating, or hostile acts that relate to the characteristics protected by law
noted above;
• Written or graphic material that denigrates or shows hostility or aversion toward an
individual or group because of the characteristics protected by law noted above; and
• Acts that are intended to be "jokes"or "pranks"but that are hostile or demeaning with
regard to race, color, religion, gender, national origin, age, disability, veteran status or
other status protected by law.
•
The City believes that each employee should be given an equal right to succeed based on his or her
abilities and job performance without being bothered or distracted by offensive behavior on the part
of other employees.
Complaint Procedure
Each Department Director and employee is responsible for creating an atmosphere free of
discrimination and harassment, sexual or otherwise. Employees are responsible for respecting the
rights of their co-workers.
Any employee who has a question, concern or complaint of discrimination or harassment based on
race, color, gender,religion, age,national origin, disability,veteran status, or other protected status
must immediately report the incident to the Human Resourced Director. If the incident occurs when
40
•
the Human Resources Director is unavailable,the employee shall immediately complete an incident
report and deliver it to the Assistant City Manager. If, for any reason, an employee feels
uncomfortable reporting the situation to the Human Resources Director, or the Assistant City
Manager, the employee should send a written complaint to the City Manager.
Investigation of Complaints
All reports of alleged unlawful conduct will be promptly and thoroughly investigated, and the City
will act to ensure that any improper conduct ceases immediately and corrective action is taken to
prevent a reoccurrence. The City of Opa-locka will inform the complaining employee of the
resolution of the complaint as appropriate. Employees who have been found to have violated this
policy will be subject to disciplinary action up to and including termination.
Confidentiality
All complaints will be treated confidentially in accordance with F.S. §119.
No Retaliation
No employee will suffer adverse employment consequences as a result of making a good faith
complaint or taking part in the investigation of a complaint. Any employee,who feels that retaliatory
action has been taken at any time because he or she complained of unlawful harassment, or
participated in an investigation,immediately should report that action to the Assistant City Manager.
An employee who knowingly alleges a false claim against a manager,supervisor,or other employee
or individual will be subject to disciplinary action,up to and including termination of employment.
RULE XXIV
PAPERS AND PROPERTY OF BOARD
All original papers, applications, examination questions and papers, certificated, and other
documents and correspondence, shall remain the property of the City in custody of the Board,filed in
the office of the Board, and kept intact not less than one (1) year. Examination papers, eligible
register, and other records of non-competitive examinees shall be kept in the same manner as those
of the competitive examinees.
RULE XXV •
CHANGE OF RULES
These rules maybe amended,repealed or supplemented by the Board at anytime,and new rules
adopted in accordance with the City Charter.
RULE XXVI
41
REGULATIONS
Any act or resolution of the Board that may subsequently be found to be not in accord with these
rules and regulations shall,immediately upon discovery of such nonconformity,be declared null
and void and of no effect. The Board shall have the power to correct by proper resolution any
error of whatever nature, immediately upon the discovery of same. All previous ordinances and
rules for admission to the administrative service of the City, tenure of employment, and
• promotion therein, and to any branch thereof,and for appointment of examiners there under,are
hereby annulled and repealed. If any rule or parts of rules should be declared unconstitutional or
of no force in any Court, the same shall not affect the remaining rules, which shall be in full
force and effect. "
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission hereby adopts and approves the personnel rules,
policies and regulations.
Section 3. Any ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 4. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction,then said holding in no way
affects the validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall become effective in the manner provided by law.
PASSED A N D ADOPTED this 28 day of FEBRUARY , 2007.
•
e Approved as to f. .. A
pp Ad legal sufficiency:
( ,4001111111
TY CLEF C O. rif
42
• DATE/
•
Moved by: Vice Mayor Johnson
Seconded by: Commissioner Tydus
Commissioner Vote: 3-0
Commissioner Tydus: Yes
Commissioner Holmes: Not present
Vice Mayor Johnson: Yes
Mayor Kelley: Yes
D: Ordinance/Adopting and Approving Personnel Rules,Policies and Regulations-12-06
43