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66-78 ORDINANCE NO. 66- ? 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF D~.LRAY BEACH, FLORIDA, PROVIDING FOR A REFERENDUM TO BE HELD NO- VEMBER 7, 1978, ADDING TO PART I, SECTION 4.04 OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,A SUBSECTION (j) AND AMENDING SECTIONS 2 AND 4 OF THE CHARTER AND 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 agree- ments; 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 I in different writings, rules, policies, contracts, and ordinances; and, : WHEREAS, Section 166.021 (4), Florida Statutes, requires a referendum i of the electors in order to change any rights of municipal employees contained 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 or ex- pired collective bargaining agreement which is sub- ject to renegotiation 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 provi- sions 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~reement, or expired collective bargaining agreement which is subject to re- negotiation unless otherwise expressly provided in this ordinance or in the code of Rules and Regulations, or in the collective bar- ~ainin~ a~reement. Employees of said Municipality, coming within the provisions of this Act, shall be employed and retained in em- ployment 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 examina- tion, as hereinafter provided." Section 3. That the aforesaid Civil Service Act is hereby amended to read as follows: -2- Ord. No. 66-78 "Section 4. Subject to the qualifications contained in Section 2 of this Civil Service Act, the City Manager shall adopt, enact and amend a Code of Rules and Regula- tions. 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 appoint- ment, 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 en- forcement and effect of this Act and report to the City Manager." Section 4. 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 November 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: AMENDMENT 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 COL- LECTIVE BARGAINING UNIT SHALL, UNLESS OTHERWISE EX- PRESSLY AGREED, OR PROVIDED, 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 BENFITS CONTAINED IN BOTH. SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT REFERENDUM ORDINANCE BE ADOPTED? FOR APPROVAL AGAINST APPROVAL If a majority of the electors voting upon such question approve 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 5. That upon the approval of this Ordinance by the electors as aforesaid, all ordinances or parts of ordinances or Charter pro- visions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 6. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of compe- tent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. - 3 - Ord. No. 66-78 PASSED AND ADOPTED in regular session on second and final reading this 25th day of September , 1978. ATTEST: City Clerk First Reading S~mh~r ]1. ]g7~ Second Reading September 25, 1978 - 4 - Ord. No. 66-78