06-78 FAILED OF PASSAGE ON 2ND READING
ORDINANCE NO. 6-78
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM
TO BE HELD MARCH 7, 1978, ADDING TO PART I, SECTION
4.04 OF THE CITY CHARTER OF THE CITY-OF DELRAY BEACH,
A SUBSECTION (j) AND AMENDING SECTION. 4 AND ADDING A
SECTION 16(a) TO THE CIVIL SERVICE ACT, WHICH SECTIONS
OF THE CHARTER AND CIVIL SERVICE ACT PROVIDE FOR THE
ESTABLISHMENT OF A CIVIL SERVICE BOARD, A CODE OF
CIVIL SERVICE RULES AND REGULATIONS, AND PERSONNEL
POLICIES; AND WHICH SECTIONS, CODE AND PERSONNEL
POLICIES PROVIDE TERMS AND CONDITIONS OF EMPLOYMENT
AND A SYSTEM OF CIVIL SERVICE FOR CITY EMPLOYEES;
SAID AMENDMENTS TO PROVIDE THAT THE CIVIL SERVICE
BOARD, THE CODE OF CIVIL SERVICE RULES AND REGULATIONS
AND PERSONNEL POLICIES SHALL CONTINUE TO APPLY TO AND BE
MAINTAINED FOR ALL REGULAR EMPLOYEES WHO ARE NOT COVERED
BY A COLLECTIVE BARGAINING AGREEMENT AND THAT REGULAR
EMPLOYEES WHO ARE COVERED BY COLLECTIVE BARGAINING
AGREEMENT, UNLESS OTHERWISE PROVIDED EITHER IN THIS
ORDINANCE, OR IN THE CODE OF CIVIL SERVICE RULES AND
REGULATIONS AND PERSONNEL POLICIES OR IN THE COLLECTIVE
BARGAINING AGREEMENT, SHALL BE REMOVED FROM THE
BENEFITS OF THE CIVIL SERVICE ACT, CIVIL SERVICE CODE
OF RULES AND REGULATIONS AND PERSONNEL POLICIES.
WHEREAS, the Charter of the City of Delray Beach, Part I, Section
4.04 provides in part that the City Manager shall have various powers and
duties in connection with the appointment, promotions, conditions of
employment and tenure of City employees.
WHEREAS, City of Delray Beach Civil Service Act, ChaPter 25784,
Special Acts of 1949, amended by Chapter 67-1284, Special Act of 1967
provides, in part, that:
"Section 4. The City Manager shall adopt, enact and
amend a code of rules and regulations. This Code shall
cover the regulations for the conduct and direction of
the Employees and shall prescribe their duties, hours of
work, discipline and control. Said Code shall contain
rules and regulations for the appointment, employment
and discharge of persons in all positions in the said
Municipality, based on merit, efficiency, character and
industry. Said Code shall have the force and effect of
law on employees of said Municipality. Said Board shall
make investigations concerning the enforcement and effect
of this Act and report to the City Manager."
WHEREAS, the aforesaid Code of Rules and Regulations are contained
in two documents commonly, and herein referred to as (1) Civil Service
Code of Rules and Regulations; and (2) Personnel Policies; and,
WHEREAS, the aforesaid Civil Service Code of Rules and Regulations
and the Personnel Policies do not differentiate between their applicability
to employees who are and who are not covered by collective bargaining
agreements; and,
WHEREAS, there exists under Chapter 447, Florida Statutes, a
Public Employees Relations Act which, in part, requires collective bargaining
negotiations on many of the same subjects as are covered in the City's
Civil Service Code of Rules and Regulations and Personnel Policies; and,
WHEREAS, it appears that there may be conflict between the Civil
Service Code of Rules and Regulations and Personnel Policies as compared
to the matters of employment which may be the content of any collective
bargaining agreement executed pursuant to the aforesaid Public Employees
Relations Act; and,
WHEREAS, it is the desire of the City Council to avoid the
potential conflicts which would arise out of having the rights of employees
covered in different writings, rules, policies, contracts, and ordinances;
and,
WHEREAS, Section 166.021(4), Florida Statutes, requires a referend~
of the electors in order to change any rights of municipal employees con-
tained in the Charter or Special Law; and,
WHEREAS, Section 166.031, Florida Statutes, and the City of
Delray Beach Charter, Article V provide that a municipality may amend its
Charter by ordinance submitted to the electors of the municipality at a
general or special election called for the purpose,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That there shall be added to Section 4.04 of the
City Charter of the City of Delray Beach, a subparagraph Section 4.04(j)
and said Section is hereby amended to read as follows:
(j) "The Personnel Policies or Personnel Rules adopted
pursuant to this Charter shall not apply to nor be
maintained for any of the City's employees who are
covered by a collective bargaining agreement unless
otherwise expressly provided in said Personnel
Policies, Personnel Rules or'Collective Bargaining
Agreement."
Section 2. That the Civil Service Act of the City of Delray Beach,
Chapter 25784, Special Acts of 1949, amended by Chapter 67-1284, Special
Act of 1967 be and the same is hereby amended to read as follows:
"Section 2. All persons regularly employed by said
Municipality in any Department shall be construed to
come within the provisions of this Act, but this Act
shall not include any officer or person employed for
temporary duty only; nor shall it include employees
covered under the terms of a collective bar~ainin~
a~r~ement unless otherwise.s~eclfied in this ordinance
or ~n the collective bar~a~n~n~ a~reement. Employees
of said Municipality, coming within the provisions of
this Act, shall be employed and retained in employment
and advanced to any higher grade on merit and fitness
only, and the merit and fitness of any applicant for
said Departments, or for advancement therein, shall be
determined by competitive examination, as hereinafter
provided."
Section 3. That the aforesaid Civil Service Act is hereby amended
to read as follows:
"Section 4. The City Manager shall adopt, enact and amend
a Code of RUles and Regulations. This Code shall cover the
regulations for the conduct and direction of the employees
and shall prescribe their duties, hours of work, discipline
and control. Said Code shall contain rules and regulations
for the appointment, employment and discharge of persons in
all positions in the said Municipality, based on merit,
efficiency, character and industry. Said Code shall have
the force and effect of law on employees of said Municipality.
This Code of Rules and Regulations shall continue to apply to
- 2 - Ord. No. 6-78
all positions fallin~ within units covered by collective
bar~ainin~ a~reements. Said Board shall make investigations
concerning the enforcement and effect of this Act and report
to the City Manager."
Section 4. That the aforesaid Civil Service Act is hereby amended
by adding a new subsection 16(a) to read as follows:
"16(a) The provisions of Sections 8 through 16 inclusive
shall continue to apply to employees covered by a
collective bargaining agreement~ and Section 20
shall continue to apply to positions falling within
units covered by collective bargaining agreements."
Section 5. That this Ordinance shall not be effective unless
the same is approved by a majority of the electors of the City of Delray
Beach voting at the election to be held March 7, 1978, for the purpose of
approving or disapproving this Ordinance. The question to be submitted to
the electors at such election shall be substantially as follows:
DO YOU APPROVE AMENDMENTS TO THE CITY CHARTER
OF THE CITY OF DELRAY BEACH AND THE CIVIL
SERVICE ACT WHICH WOULD PROVIDE THAT REGULAR
EMPLOYEES OF THE CITY WHO ARE IN A COLLECTIVE
BARGAINING UNIT SHALL RECEIVE THE BENEFITS
CONTAINED EITHER IN AN EXECUTED COLLECTIVE
BARGAINING AGREEMENT OR RECEIVE THE BENEFITS
CONTAINED IN THE CIVIL SERVICE CODE OF RULES
AND REGULATIONS AND PERSONNEL POLICIES, BUT
SHALL NOT RECEIVE THE BENEFITS CONTAINED IN
BOTH.
FOR
/ /
AGAINST / /
If a majority of the electors voting upon such question auprove
these amendments, then the amendments shall be in full force and effect.
If a majority of the electors voting upon such question disapprove such
amendments then these amendments shall be null and void.
Section 6. That upon the approval of this Ordinance by the
electors as aforesaid, all ordinances or parts of ordinances or Charter
provisions or parts of Charter provisions inconflict herewith shall be and
the same are hereby repealed as of the effective date of this Ordinance.
Section 7. That if any clause, section or other part of this
ordinance shall be held invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Ordinance shall not be affected thereby,
but shall remain in full force and effect.
PASSED AND ADOPTED in regular session on second and final reading
this day of , 1978.
ATTEST: M A Y O R
City Clerk
First Reading January 23. 1978
Second Reading Failed of Pa~ (5 to 0)
- 3 - Ord. No. 6-78