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29-97 ORDINANCE NO. 29-97 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "CIVIL SERVICE", SECTION 35.002, "APPLICATION; EXCLUSIONS", BY AMENDING SUBSECTION (A), TO PROVIDE CLARIFICATION OF POSITIONS NOT COVERED BY THE ACT AND BY CREATING A NEW SUBSECTION (C), TO PROVIDE CERTAIN PROTECTIONS FOR POLICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH THE CITY; AMENDING SECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", BY AMENDING THE TITLE TO "FIXING PAY, POSITION AND CLASSIFICATION THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS (A), (B), (C) AND (D), TO PROVIDE REFERENCES TO POSITIONS AND CLASSIFICATIONS, BUMPING RIGHTS, RIGHTS UPON RESTORATION OF POSITION, AND A HEARING PROCESS TO DETERMINE CONTESTED SENIORITY RATINGS; AMENDING SECTION 35.013, "DISMISSAL", BY AMENDING SUBSECTION (A) TO PROVIDE FOR THE DELETION OF REFERENCES TO GRADE, SUBSTITUTING THE WORD POSITION, PROVIDING FOR REAPPOINTMENT BY THE CITY MANAGER TO VACANT POSITIONS UNDER CERTAIN CIRCUMSTANCES; REPEALING SECTION 35.014, "RETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE"; AMENDING SECTION 35.015, "PREFERENTIAL BONUS POINTS", BY RENUMBERING SECTION 35.015 TO SECTION 35.014, "PREFERENTIAL BONUS POINTS"; PROVIDING A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, ANDAN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, authorized changes to the Civil Service Special Act; and WHEREAS, the changes to the Special Act were passed by the 1997 Legislature of the State of Florida, as embodied in enrolled local bill HB 521; and WHEREAS, the City Commission desires to amend its ordinance to conform to the changes enacted by the legislature. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.002, "Application; Exclusions", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 35.002 APPLICATION; EXCLUSIONS. (A) All persons regularly employed by the municipality in any department shall be construed to come within the provisions of this subchapter, except Assistant City Manaqers, D~epartment heads and Police Majors ~ /~ /~I~ /~~ /~ /~ /~ /~ ~~ /~~ /~. This subchapter shall not include any officer or person employed part time or for temporary duty only; nor shall it include employees covered under the terms of a collective bargaining agreement, or expired collective bargaining agreement which is subject to renegotiation unless otherwise expressly provided in this subchapter or in the code of rules and regulations or in the collective bargaining agreement. (B) The provisions of this subchapter shall not apply to those persons appointed by the City Commission. (C) An employee appointed to the position of Major in the police department after October 1, 1996, with previous permanent status under the Civil Service Act, shall have the riqht to return to the employee's previously held civil service position. Section 2. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.007, "Fixing Pay and Grade Through Budgetary Process", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: Section 35.007 FIXING PAY, POSITION AND CLASSIFICATION ~ THROUGH BUDGETARY PROCESS. (A) The City Commission ~~~ shall fix the pay of all employees, shall fix the number of positions ~~ in each particular classification in each department ~ and may increase or reduce the number of positions in any classification or the number of classifications in each department ~/~, or may abolish any classification or position in any or all departments ~/~, through the budgetary process. The City Manager may vary the number of positions ~%~ in any classification or the number of classifications in any or all ~gpartments ~ during the budget year to meet city requirements. - 2 - Ord. No. 29-97 (B) In the event of a reduction in the number of positions in ~6~ /~f any classification in any or all departments or a reduction of classifications in any or all departments ~, the employees ~6~ shall be retained ~ /~ /~ according to seniority~//~/~/~~/~/~/~~/~/~/~/~/~/ ~/~~/~~/~/~/~/~/~/~/ In the event of the elimination of a position or classification within a department, employees who are affected shall have the opportunity to bump back within the department to another position or, if applicable, to another classification, if the employee, in the opinion of the Department Head and the City Manaqer, is qualified for the proposed position and has received a satisfactory performance evaluation for the year precedinq the reduction in force. The employee shall thereafter receive the pay applicable to the new position or classification. In the event the position or classifications previously eliminated in the reduction in force ~6 is again increased, those employees ~~ forced back as aforesaid shall be first to succeed to the restored position or classification previously held by the employee with permanent status ~ /~ according to seniority, without further examination or probationary period. (C) In the event a reduction in the force ~f/~/~ ~~f causes an employee ~/~9~/~f/~/~~/~/~f/~/f~ to go into inactive duty, the inactive employee ~ /~~ /~ ~~/~ shall not receive any pay, but the inactive employee ~~ shall not lose ~ seniority, provided ~ the inactive employee remains inactive for a period not to exceed one year/ and reenters ~ active duty within ten days after notice has been given to the inactive employee ~ by the City Manager that the ~ position previously held by the employee is open. ~~/ In the event an employee ~/~6~9~ dissents to the ~ seniority rating, a hearing shall be held by the Board and the seniority determined, and the findings of the Board shall be final. ~ection 3. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", Section 35.013, "Dismissal", of the Code of Ordinances of the City of Delray Beach is hereby amended to read as follows: - 3 - Ord. No. 29-97 Section 35.013 DISMISSAL. (A) Any permanent employee of the municipality may be dismissed by the City Manager when there is no longer any need for the position held by the employee ~/~/~/~/~~ because of ~ ~6 change in work= ~/~/~~~/~/~/~~/ In the event a vacancy exists elsewhere in the City, ~/~/~/~ ~/~/~/~/~~/ the City Manager may, if the City Manager ~ so desires, appoint the ~ employee to fill the vacant position if the employee is qualified for the position and the employee's performance evaluation for the preceding year was satisfactory.../ ~/~ ~n the event there is no other work for the employee, the employee's dismissal shall be final and there shall be no appeal of the dismissal to the Civil Service Board. (B) Any permanent employee who is dismissed for misconduct or delinquency or who resigns while charges are pending, shall be disqualified from taking any civil service examination in the city within a period of five (5) years thereafter. Section 4. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 35.014, "Retainment of Rank, Grade, and Seniority; Reduction of Number in Grade" Section 5. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by renumbering Section 35.015 to 35.014, to read as follows: Section 35.01~ PREFERENTIAL BONUS POINTS. A preferential bonus of five points shall be added to the examination score of any eligible veteran competing for a civil service position in the city. A preferential bonus of ten points shall be added to the examination score of any eligible disabled veteran or widow of a disabled veteran competing for a civil service position in the city. - 4 - Ord. No. 29-97 Section 6. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. ~ection 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 8. That this ordinance shall become effective immediately upon its passage on second and final reading. PASSED AND ~OPTED in regular session on second and final reading on this the 5th day of Au~st, 1997. ATTEST: ~City Cl~k / First Reading July 15, 1997 Second Reading August 5, 1997 - 5 ~ Ord. No. 29-97 MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGERial( SUBJECT: AGENDA ITEM #/dA- REGULAR MEETING OF AUGUST 5, 1997 SECOND READING/PUBLIC HEARING FOR ORDINANCE NO. 29-97 (AMENDMENTS TO CIVIL SERVICE ACT) DATE: AUGUST 1, 1997 The 1997 legislature passed and enrolled HB 521 which provided for certain amendments to the Delray Beach Civil Service Act. The enrolled bill is attached for your information. Ordinance No. 29-97 amends the City's code to conform with the changes in the Act. In summary, the changes are as follows: Section 1: Part time employees, assistant city managers, police majors (along with department heads, temporary employees and those appointed by the City Commission) are not covered under the Act. Provides for the return of police majors to a previously held civil service position. Section 2: The word "grade" is omitted and the words "position" and "classification" are substituted. Provides layoff and bumping rights, and for recall upon restoration of position. Section 3: Provides for dismissal due to changes in the work and appointment to vacant positions if qualified. Section 4: Repeals Section 35.014. Section 5: Renumbers Section 35.015 to 35.014. At first reading on July 15, 1997, the Commission passed the ordinance by unanimous vote. Recommend approval of Ordinance No. 29-97 on second and final reading. ref: agmemo6 Boca Raton News, Friday July 25, 1997 Legal Notices A PUELIC HEARING will he'held on Ihe tollowif~ i)rolx3sed Ordinance It 7:00 P~. off ~i~AY, ~ 11~ (or It I~y c~tinuiti~ M Such ~qing v/flich iS set by the Commis- t~), in the City Commis~on Ct~m- bets, 100 N.W, lsl Avenue, ~K'n, FIoriM, ~I w'n~c~ time ~e City Ox~miss~ wilt c~nsi(~' its aOo~tion. The prW ordina~ct n~y be in- 'ted at the Office M 1~ C~ Cler~ City Hall ]00 N.W. 1st Argue, l'~y Belch, Florida, ~ lt~ hours It 1:00 I.l~. to 5:00 p.m., M4~:ily I~rough Frk~y, exc~ot holi~ys. All ~N ORDINANCE DF THE CITY /~II~ION DF THE CITY OF DELRAY ~EACH, FLORIDA, AMENDING ~:HAPTEN 35, m,r-MPLOYEE POLI- /:lES AND BENEFITS~, ~CIV}L SER- ~'ICE~, SECTION ~.0~2, ~PPLICATION; EXCLUSIONS', BY ~MEHDING SUBSECTION {A), TO PROVIDE CLARIFICATION OF PO- SITIONS HOT COVERED BY THE ACT AND BY CREATING A NEW SU~SECTION (C), TO FROYtDE CERTAIN PROTECTIONS FOR PO- LICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH THE CITY; AMENDING SECTION ~,0~, ~:IXING PAY AND GRADE THROUGH BUDGETARY PROCESS', BY AMENDING THE TITLE TO ~XING FA.Y, POSITION Ago CLAS- SIFICATION THROUGH BUDGET- ARY PROCESS'; AND SUBSECTIONS {A), (Bi, (C) AND (O), TO PROWDE REFERENCES TO POSITIONS AND CLASSIFfCATiONS, BUMPING RIGHTS, RIGHTS UPON RESTORA. TION OF POSITION, AND A HEAR. lNG PROCESS TO DETERMINE CONTESTED SENIORITY RATINGS; (A)' TO P.~OV~DE FOR THE DELE- TION OF REFERENCES TO GRADE, SUISTITUTtNG THE WORD POSI- TION, PROVIDING FOR REAP- POINTMENT BY THE CITY MANAG- ER TO VACANT POSITIONS UNDER CERTAIN CIRCUMSTANCES; RE- PEALING SECTION eRETAINMENT OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE~; AMENDING SECTION 35.01S, 'PREFERENTIAL BONUS POINTS', BY RENUMBER- lNG SECTION 35.015 TO SECTION 3~14, ~PREFERENT]AL BONUS ~NTS'; PRO¥~D(NG A SAYING CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE ~ be IclvMd that if a pe~on cities I~ appeal any deci$i(~ m~de by Ihe; C~ Commission with reqx. d afly ~,4tor considered at this heariq, ~ person will need a re(~-d of thes~ pllr. eecliflgs, and for this purpoM such pencil may ne~d to eflsure that a ve~- bitJ~ record includes file te~tirnofly mil evidence ulx)fl mrhich TM Appeal ils to~Je ba~qci. The City does no~ provide or~llxepore such record. PursnaA? 'CITY OF DELRAY BEACH AJisofl MacG/~gor Harly City Clerk [ITY IIF DELRrI¥ BE;I[H CITY ATTORNEY'S OFFICE ~00 bi-w 1st AYENUE. DELRA¥ B£ACH, ~LORZDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 Writer's Direct Line: (561) 243-7091 DELRAY BEACH MEMORANDUM Ali.America City 'llllJ TO: City Commission 1993 David T. Harden, City Manager FROM: Susan A. Ruby, City Attorney SUBJECT: Amendments to Civil Service Act The 1997 legislature passed and enrolled HB 521 which provided for certain amendments to the Delray Beach Civil Service Act. The enrolled bill is attached for your information. The attached ordinance amends the City's code to conform with the changes in the Act. In summary, the changes are as follows: Section 1: Part time employees, assistant city managers, police majors (along with depatm~ent heads, temporary employees and those appointed by the City Commission) are not covered under the Act. Provides for the return of police majors to a previously held civil service position. The word "grade" is omitted and the words "position" and "classification" are substituted. Provides layoff and bumping rights, and for recall upon restoration of position. Section 3: Provides for dismissal due to changes in the work and appointment to vacant positions if qualified. Section 4: Repeals Section 35.014. Section 5: Renumbers Section 35.015 to 35.014. Our office requests that this ordinance be placed on an appropriate agenda for City Commission approval. Please call if~v.,ou have any questions. Attachments (._. cc: Alison MacGregor Harty, City Clerk Paul Dorling, Chairman, Civil Service Board Department Heads civilser.sar · ORDINANCE NO. 2 9- 9 7 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 35, "EMPLOYEE POLICIES AND BENEFITS", "CIVIL SERVICE", ~/SECTION 35.002, "APPLICATION; EXCLUSIONS", BY AMENDING SUBSECTION (A), TO PROVIDE CLARIFICATION OF POSITIONS NOT COVERED BY THE ACT AND BY CREATING A NEW SUBSECTION (C), TO PROVIDE CERTAIN PROTECTIONS FOR POLICE MAJORS WITH PREVIOUS CIVIL SERVICE STATUS WITH THE CITY; AMENDING 0gECTION 35.007, "FIXING PAY AND GRADE THROUGH BUDGETARY PROCESS", BY AMENDING THE TITLE TO "FIXING PAY, POSITION AND CLASSIFICATION THROUGH BUDGETARY PROCESS"; AND SUBSECTIONS (A)(B)(C) AND (D), TO PROVIDE REFERENCES TO POSITIONS AND CLASSIFICATIONS, BUMPING RIGHTS, RIGHTS UPON RESTORATION OF POSITION, AND A HEARING PROCESS TO DETERMINE CONTESTED SENIORITY RATINGS; AMENDING "/SECTION 35.013, "DISMISSAL", BY AMENDING SUBSECTION (A) TO PROVIDE FOR THE DELETION OF REFERENCES TO GRADE, SUBSTITUTING THE WORD POSITION, PROVIDING FOR REAPPOINTMENT BY THE CITY MANAGER TO VACANT POSITIONS UNDER CERTAIN CIRCUMSTANCES; REPEALING SECTION 35.014, "RETAINMENT, OF RANK, GRADE AND SENIORITY; REDUCTION OF NUMBER IN GRADE"; AMENDING SECTION 35.015, "PREFERENTIAL BONUS POINTS", BY RENUMBERING SECTION 35.015 TO SECTION 35.014, "PREFERENTIAL BONUS POINTS"; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Delray Beach, Florida, authorized changes to the Civil Service Special Act; and WHEREAS, the changes to the Special Act were passed by the 1997 Legislature of the State of Florida, as embodied in enrolled local bill HB521; and WHEREAS, the City Commission desires to amend its ordinance to conform to the changes enacted by the legislature; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: ~. That Title 111, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service" of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.002, "Application; Exclusions", subsections (A) and (C) to read as follows: Section 35.002 APPLICATION: EXCLUSIONS. (A) All persons regularly employed by the municipality in any department shall be construed to come within the provisions of this subchapter, except Assistant City. Managers, Department heads and Police Maiors t~at~a4a~. This subchapter shall not include any officer or person employed part time or for temporary duty only; nor shall it include employees covered under the terms of a collective bargaining agreement, or expired collective bargaining agreement which is subject to renegotiation unless otherwise expressly provided in this subchapter or in the code of rules and regulations or in the collective bargaining agreement. (B) The provisions of this subchapter shall not apply to those persons appointed by the City Commission. (C) An employee appointed to the position of Major in the police department after October 1. 1996. with previous permanent status under the Civil Service Act. shall have the right to return to the employee's previously held civil service position. ~ That Title 111, "Administration", Chapter 35, "Employee Policies and Benefits", heading, "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.007, "Fixing Pay and Grade Through Budgetary Process", subsections (A), (B), (C) and (D) to read as follows: Section 35,007 FIXING PAY. POSITION AND CLASSIFICATION :MN~;}-GII~Dg THROUGH BUDGETARY PROCESS. (A) The City Commission ...... ; ..... ,~.~.:,.. ,~c ,~ ..... ;t.;,.,.~l:~.. shall fix the pay of all employees, shall fix the number of ~ mt~}ber-s in each particular classification in each llr, gartlRtllt gr-ad~ and may increase or reduce the number of positions in an_v classification or the llumber of classifications in each department awj-gead~, or may abolish any classification or position in any or all departments *~.at gradz, through the budgetary process. The City Manager may vary the number of positions ~ in any classification or the number of classifications in any or all departments during the budget year to meet city requirements. 2 ORD. NO. 29-97 o7/.9,'97 WED 08:36 FAX 4O7 278 4755 DEL BCH CTY ATTY -.-.-, CITY HALL (B) In the event of a reduction in the number of.t~°sirions in ~ any classification in any or all departrnenm or a reduction of classifications in any or all depan~,,en~ g-r-a4e, the ~ ~ shall be retained Lq '~'"' -'~"-~ according to seniority; g-r-m~_ In the event of thc elimination of a rosition or classification within a det)artment employees who are affected shall have the opportunity to bump back within the deoartment t~ another t)osition or. ff at)t)licable~ to another classification, if the ~m,qovee. in the opinion Of thc Deoartm-ent l-lead and th-e-City Manager. is ou~lified for the oronose~l v~)sition and has received satisfactory _refformance evalna:,_'on for the year preceding the reduction in force. The employee shall thereafter receive the pay applicable to the new position or classification In the event the position or classifications previously eliminated in the reduction in force g-rad~ is again increased, those ~ m, mln~ forced back as aforesaid shall be first to succeed to ~ position or classification t~reviomlv held bv the enmlovee with t)ermanent statu~ ,u according to seniority, without further examination or probationary period. (C) In the event a reduction in the force zf any gr_-~2e_~ '~,e,'~-c,f causes an emnlove¢ a ""~""'~ ~' *'~ '""~ ~'""~ ~' '"~' '= .... to go into inactive duty the inactive emnlovee -'~- : '~ ] .... shall not receive any pay, but the inactive ~ '"~ shall not lose "~ig seniority, provided l~ the inactive emnlovee remains inactive for a period not to exceed one year; and reemers ~m active duty within ten days after notice has been given ~ employee .~.L'v. by the City Manager that the a position previously held by the employee is open. event an employee ~ dissents to the gis seniority ratiag, a hearing shall be held by the Board and the seniority determined, and the findings of the Board shall be final. Scion 3. That Title HI, "Administration", Chapter 35, "Employee Policies and Benefits" heading, }'Civil S~rvice', of the Code of Ordinances of the City of Delray Beach is hereby amended by amending Section 35.013, "Dismissal", subsection (A) to read as follows: (A) Any permanent employee of the municipality may be dismissed by the City Manager when there is no longer any need for the ,~osition held bv the employee5_ ~ because of ~h~ a change in worl~ er '2~ ~li~."~T. er~ of "~._c po.~itior..~-In the event a vacancy exists elsewhere in the City. ;,- - ' ......... a~ ~_ ;_ Manager may, if the City_ Manager *' ..c so desires, appoint the ma employee to fill the vacant pogition ff the ~nployee is qualified for the nosition anti the employee's performance evaluation for the t>rccedin~ year was satisfactory. ~g-- .... -'~':^'v, k ...... .~4 ,tx ~ lin thc event there is no other work for the employee, the ~ dismissal shall be final and there shall be no appeal of the dismissal to the Civil Service Board. 3 ORD. NO. 29-97 (B) Any permanent employee who is dismissed for misconduct or delinquency or who resigns while charges are pending, shall be disqualified from taking any civil service examination in the city within a period of five (5) years thereafter. ~. That Title III, "Administration", Chapter 35, "Employee Policies and Benefits", heading "Civil Service" of the Code of Ordinances of the City of Delray Beach is hereby amended by repealing Section 35.04, "Retainment of Rank, Grade, and Seniority; Reduction of Number in Grade". ~. That Title 1II, "Administration", Chapter 35, "Employee Policies and Benefits", subpart, "Civil Service", of the Code of Ordinances of the City of Delray Beach is hereby amended by renumbering Section 35.015 to 35.014, to read as follows: Section 35.015 4 PREFERENTIAL BONUS POINTS. A preferential bonus of five points shall be added to the examination score of any eligible veteran competing for a civil service position in the City. A preferential bonus of ten points shall be added to the examination score of any eligible disabled veteran or widow of a displayed veteran competing for a civil service position in the City. ~. That should any section or provision of this ordinance, or any portion thereof, or any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof, other than the part declared to be invalid. Section 7. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby, repealed. Section 8. That this ordinance shall become effective immediately upon its passage on the second and final reading. 4 ORD. NO. 29-97 PASSED AND ADOPTED in regular session on second and final reading on this the ~ day of ,1997. MAYOR ATTEST: City Clerk First Reading Second Reading civilser.ord 5 ORD. NO. 29-97