Ord No. 04-18 ORDINANCE NO. 04-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING THE CODE OF
ORDINANCES BY AMENDING CHAPTER 35, "EMPLOYEE POLICIES
AND BENEFITS", SECTIONS 35.001 THROUGH 35.014 AND
READOPTING SAME, AS REVISED, IN ORDER TO ADOPT A
PERSONNEL POLICY AND PROCEDURES MANUAL, PROVIDING
FOR ITS ADMINISTRATIVE AMENDMENT; PROVIDING A
CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY
TO CODIFY;PROVIDING AN EFFECTIVE DATE; AND FOR OTHER
PURPOSES.
WHEREAS, the City Commission of the City of Delray Beach has determined it is in the best interests
of its residents to repeal the current Employee Policies and Benefits ordinance and enact a new ordinance,
adopting a"Personnel Policies and Procedures Manual."
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, that:
Section 1. The above recitals are true and correct and are hereby incorporated into this Ordinance
as if fully restated herein.
Section 2. Chapter 35, "Employee Policies and Benefits", of the Code of Ordinances of the City of
Delray Beach, Florida, is hereby repealed and readopted, as revised; providing that Chapter 35, "Employee
Policies and Benefits" shall hereafter read as follows:
See Exhibit"A",which his attached hereto and made a part hereof.
Section 3. 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.
Section 4. That all ordinances or parts of ordinances in conflict herewith be,and the same are hereby
repealed.
Section 5. Specific authority is hereby given to codify this Ordinance.
Section 6. This Ordinance shall become effective immediately upon its passage on second and final
reading.
PASSED
AND ADOPTED in regular sessl o se d andJlLnaleag on this the day of
,2018.
INN
ATTEST: "' A Y O R
City Clerk
First Reading ,e .
e
Second Reading- � II AA
A form d 1 sufficiency:
Max LC
id Attorney
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EXHIBIT A—Ordinance No. 04-18
CHAPTER 35. - EMPLOYEE POLICIES AND BENEFITS
Sec. 35.001. -DEFINITIONS.
For the purpose of this subchapter the following definitions shall apply unless the context
dearly indicates or requires a different meaning.
Governing authority. The municipal officers of the City who are authorized to enact the
ordinances of the -municipality, and shall 'include only those officers who are authorized to vote on
those ordinances.
Seniority. The length of service in any department in the municipality.
Sec. 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,Assistants
to the C4 Manager, Department Heads and Police Majors. This subchapter shall not include any
officer or person employed part time or for temporary duty only; nor shall itinclude 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 -tight to
return to the employee's previously held civil service position.
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Ct . 35.003. - GIA4L SER7„qCE BOARD
/A� A f-lyll
Serviee Boafd fiE��the ffFaiqieipa4ty is hefeby efe
(1) The Beafd shall be eaffTesed of&e (5) fegula±fneinbefs, thfee (3) faeffibefs
of the Beafd to be pefsofts of diffefe-Bt veea .ons of vaeational baekgfetm&,
not en�loyed by the fnuiaieipahty in any odief eapadty, offidal oi!
R19d sha4 be appointed by the g&ver-� aufhoi* of the .eipahty faf _9
teffn of two (2) yeafs.The f5ufth and fifth fegula±fnefabefs of the Beafd shA
be eleeted ftoiaa Gity einployees at lafge, but net both ftei=a the safn
depafttnent.The teffn of the fi5tifth and fifth feVI af fnei-nbefs shaR be fef on
yeaf.!a addifion to the Eve (5)fegulat fneffib efs, _,___ _ded,thefe shaH
be two (2) aheinate fneinbefs,one to be appe�inte__y the gov____9
kgdft_d dhan the difee (3)
othef Tpeinted meinbefs,and the othef to be eleeted fieni the City eraployee.s
a”large,but fioni a diffefent depaftntent than eithe of!Z44-11
fegula-f
ORD. NO. 04-18
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and 4tei!eaftet- the eleetioa
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shall be held ea that date eaeh 9
imer-e thaa ane eaiadidate eaten 6517 the J
(3) Foi!these einplayees are aa 9
Gitthey sha
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in aedet to be vandated.
(4) 4he votes shall be eoffselidated aft the f6RE)vviilg day afte:,- the eleetiea. Th
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de V 41-ttneSLJ.
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theaJ
inembei! of the J
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ORD. NO. 04-18
219d one of its
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Sec. 35.004 35.003. -ADOPTION OF CODE OF RULES AND REGULATIONS.
Subject to the qualifications contained in Section 35.002(A), the City Manager shall
re are rules and regulations.in the form of a Personnel Policies
and Procedures Manual C'PPM"), which shall be effective upon issuance by the City Manager. This
eede PPM shall cover the regulations for the conduct and direction of the employees and shall
prescribe their duties, hours of work, discipline, and control. The cede PPM shall contain rules and
regulations for the appointment, employment, and discharge of persons in all positions in the
municipality, based on merit, efficiency, character and industry. This eede PPM shall have the force
and effect of law on employees of the municipality.
J) The PPM shall be subject to modification, amendment, or expansion as deemed
necessar`T by the City Manager.
See. 35.005. LIS-OF ELIGIBILITY.
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ina-ifitaift lists of eligibles. The City Maitiagei! shaH divide the depai!tfnents qiq�e gifades. These lists in
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available fai! eRaiaa�at—le.—' in
eligiblesexeept as otherwise pi!o-�ided
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if the
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See. 35.006. - SUSPENSION OF PROVI-S-1011,TQ IDUCITTI Td-- P" TETITION.
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and all eases of suspeasio�a of the exa±niaa6eia shall b
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�A) The City Goii�ssieia sha4l fix- the pay of all einpleyees, shall fix the fitifnber e
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ORD. NO. 04-18
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the einplayees shaR bedepartine-at
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iti fl-9opiniaia of the Depai!tineat Head and the City I
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I but the iftaetive eia*E)yee shall�aot lose 9
pos— e-,�:iotisly held by the einployee is open,.
(D) Ra the event aft eimpleyee disselits to the J
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See. 338$. DTIS�CTSAsF � T
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mad I if J imade by h •
See. 35.009. LAPP T .9 HEARING; lC%l'cc-viz-ITT
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vAffie-at pay (as above ifefei!fed J as show-a by that la the ease of )
days,be held vvithift niffety (90)
days,
fi�oin the date that a'a appeal shaI4J
the date that aia appea4 shA have beeia so filed with the Boatd. Heati� dates ifa all �tppeals inq be
exteiaded if ffiutually agreed to by the einployee,the J
to the pe:eseja se I
ti±ne and plaee of heating the J whieh heariag shaR be open to the .
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ORD. NO. 04-18
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the Beai!d the B a-l!d shall
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the
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(3) if the Bea--rd eounsel foizEaatis iiot 9
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a!a behalf ef the
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subffiitted vAdiin teft (10) days frofn the date an appeal is filed with the B
of the ten day pe:6od.
if they so
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ORD. NO. 04-18
sideeess-ei!.
ef law. The Beard eattnsel shall also ilule upaa qaestioas of eaftfliet ef iatetest
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aft A qaestiaas of f)ineluding but not hinited to his 9
his ftA*S
judge aiad J )
to the appeal a-ad heai=�.
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eaasidei!ed by the BE)ai!d eouffsel or the Beai!d. The pi!oeeediiags shall be as
(9) The ei!de:,- of proof at all heai4�s sha4 be as follows! The Gity Managel! shau
(10) hi a4l heatifigs, J
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pat-ties a--ad vAtftesses shall be-nade uadei!oath.Hea-tsay e-�idenee tnay be uaed
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but it shA aet6
ORD. NO. 04-18
The Board e0uasel or the Board, by its
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used,Board eaurisel is
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or uperl his oveia J
rnariaet- pra�A-ded in the Florida Rules of Givil 9
respaadiag to a diseo:v� request shag be liberally gT-a-rtted by- the Board
eatiasel- or by the Board whea ftE)Board eE):uftsel is
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la the ease of aia appeal of art ernployee's
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other irt wi!�g widiia thit-� (30) days fiern the date the appeg was filed
the Board,whe their witftesses will be aftd the addresses of these vAtiaesses. 1
other appeal eases eaeh party rn�ast advise the other of th—eir
filed with the Board. FaAure to so ffetify the opposing par--of the ftarnes a!ad
ly
ftdd±esses of the other 1
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as detertniaed by the Bear
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eathase� or by the Board whea ae Board eethasel is used. Copies of aR
par�when prepared arid�aot later thart tea(10) days priar to the hearifig,along
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IVH— the oppor--
shaR efftide the deprived party
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Board wheia ria beard eE):uftsel is used.
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there is aa Beard eaurisel heari� the subjeet to ifffvalidate the
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subpeena—at eideron the grourid that it was not lawissued--1S'
issued tiader the authority of dais J
However.failirig to eomply vA-th the subpoeaa er order resides.A failure to eeiiTly with
as pr�ded in subseetion (B)(14) of this Seetien.
(16) After the hearifag of the appe�d, when a Board eouiasel is used, the Board
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as well as I-As legal
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ORD. NO. 04-18
stated
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vAliehevei! is later. if a p"
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diseipliiie
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(18) The above desei!ibed I
suspeiisioiis without pay foi!tnei!e than seven (7) ealendai!days a�ad detnotia
shall be i!e�adeteed vAibia thii!ty (30) days aftei! the last day of the heai�� e,-,z
i!eeeipt of if
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whiehevei!is later-.appeal eases afid the I
appeal I as i:efi��ed to above,
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waivedJ
to his attoi!�of i!eeoi!d.
See. TliT Z- �ij -S >3
J afldd shall be punished in the iznafj±iei!pi!esetibed by law figi!that offense.
If the eimpleyee whose appeal is to be heard as set out ia the fat-egeiiag Seetions shall fail to
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entei!ed thei!eon. If the City MaiaageT shall fail to appear at the heaing, aild if ao evideflee be off-ere
ifl suppoi!t of his J
eiatetedth
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ORD. NO. 04-18
5.n71 o I EIN Q � s� vv�i-''f''rrLTs!`AYT .
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pay tnfd bis ease is J
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(B) la a4 eases of stispeasiea—4t_b8'd+ J
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disii-Assed ai!demoted shall have the—iight of appeal to the Gi-61 Seiwiee Beai!d iii the i:naffaer-set figith
iii Seetiea 35.009 vviffi i!efe:�eaee to a-e appeal -- the ease of
eyeept the duty to pi!avide--ft
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as heizeift J J
inayas detevTieed by the
i!eeeive the pay he lost beea-use of that
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See. 35.013. - DT011T .
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if the Gity Maaagee so3
of the dis±nissal to the Giv4 Sefviee Board.
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See. 35.014. PzEREN-Trr�v7NUaP®-rr-rz:r.
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ofMedal eoi=apefiftg fai!a Giv4 Sei!viee pos'--oia iii the City.A pi!efiei!e-atial beaus of teft (40) peiats shq
be added to the exain�atio�as seei!e of aiay eligible disabled vetei!a�a "o sei�ved ea aefive duty ia a
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ORD. NO. 04-18
Secs. 35.004-35.029. - RESERVED
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