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ORDINANCE NO, 1831
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING CHAPTER 21153, SPECIAL LAWS OF FLORIDA,
1941, AS AMENDED, TO ESTABLISH A SYSTEM OF CIVIL
SERVICE ADMINISTRATION; TO DEFINE CAREER CIVIL
SERVICE; TO ESTABLISH A PERSONNEL DEPARTMENT
AND ESTABLISH ITS DUTIES; TO ESTABLISH CIVIL SERVICE
BOARD AND PROVIDE FOR THE APPOINTMENT OF ITS
MEMBERS AND ESTABLISH ITS DUTIES; TO PROVIDE FOR
A HEARING OFFICER; TO SET FORTH POLITICAL
ACTIVITIES PROHIBITED; TO ESTABLISH UNLAWFUL ACTS
PROHIBITED; TO PROVIDE PENALTIES FOR VIOLATION
HEREOF; TO PROVIDE FOR THE STATUS OF PRESENT
EMPLOYEES; PROVIDING FOR A REFERENDUM ELECTION
RELATING TO THE CIVIL SERVICE SYSTEM; TO PROVIDE
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
TO PROVIDE FOR PROPER NOTICE OF PROPOSED ENACT-
MENT; AND TO PROVIDE FOR THE EFFECTIVE DATE OF
THIS ORDINANCE, AFTER APPROVAL AT REFERENDUM.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA.
Section 1. Chapter 21153, Special Laws of Florida, 1941, as amended,
is hereby amended in its entirety to read as follows;
Section 2-34. System of Civil Service Administration--General.
Purpose.
The general purpose of this section is to establish a system of
civil service administration that meets the social, economic and
program needs of the people of the City of Clearwater. This
system shall provide means to recruit, select, develop, and
maintain an effective and responsive work force, and shall
include policies and procedures for employee hiring and
{ advancement, training and career development, job classification,
salary administration, retirement, fringe benefits, discipline,
discharge, and other related activities. All appointments and
` promotions in the City of Clearwater service shall be made
without regard to sees, race, religion or political affiliation,
1 and shall be based on merit and fitness.
Section 2-35. Career Civil Service.
(a) The career civil service shall be a permanent service to which
i this ordinance shall apply and shall comprise all tenured
positions in the public service now existing or hereafter
established, except the following;
(1) The members of the City Commission, the City Attorney
and Assistant City Attorney.
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(Z) Members of boards and commissions amd heads of departmsata
appointed by the City Manager.
(3) Persona employed to make or conduct a temporary and special
inquiry, investigation, or examination on'aehalf of the City
Commission, a cony sittee thereof, or they City Manager.
(4) The City Manager, Assistant City Managers and other
assistants to the City Manager.
(5) The following positious-which by their nature cannot or should
not appropriately be included in the career civil service
are exempted:
a. Department, Division, and Agency Heads
b. Personas serving in positions fvadad in whole or in part
by Q.S. Goverszxent z=aupcwor assistance programs.
(b) Nothing herein shall be construed as precluding the appointing
authority from filling -nay poaition in the manner is which positions
iu the career civil service are filled.
(c) All appoiatmenta to positions in the career civil service of the
City of Clearwater shall be made by the City Manager, who shall
lik6wise be respoasible for d1s=1ssals, suspensions, or doxnationss
of al1 persons is the career service. The City Manager shall have
the- same &ppointing and disciplinary authority with respect to
persons eiempted from the career service is Section Z-35 (a) (4)
-arid (5) of this ordinance, except as otherwise provided in the Charter.
Section 2-36. Personnel Department. '
(a) 'T'here shall be in the City of Clearwater a. personneL department,
the execvtive head of which shall be the director of per; - el.
(b) The director of personnel shall be experienced in the management
and admiasiatration of paraounel amd shall be appointed by, and
serve both at the pleasure of the Civil Service Board sad the
City- Manager.
(c) The director of personnel is executive head of the personnel
depazr =eat and shall direct *.11 of its administrative and technical
activities and appoint its enxployees. It shall be the duty of the
director of personnel to:
(1),Encourage and exercise leadership in the development of
effective personnel administration within the several depart-
ments in the government service, and to make available the
facilities of the depart= of personnel to this end.
(Z)Advise the City Manager on manpower utilization.
(3) Foster- and develop programs for the improvement of
e:xaplcyee effectiveness, including training, safety, health,
caimseiing and welfare.
(4) Investigate from time to time the operation and effect of this
i ordinance and of the policies made thereunder and to report
such fiadiugs and recommendations to the City Manager
and/or Civil Service Board. _
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5 Establish and maintain record
{ () s of all employees in the
government service, in which there shall be sat-forth.aa
to each e=ployea the class, title, pay or status, and other
relevant data.
(6) Make an annual report to the City Manager and to the Civil
4
Service Board regarding the work of the department.
(7) Apply and carry out this ordinance aid the policies thereunder
and to perform. any other lawful acts which may be
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s uecossary or desirable to carry out the purposes and
• provisions of this ordinance.
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. (d) , Ga rncoxaxsanadatiozt of the Cite Manager, the Director of Pars 10=181
ti'•-?.? a'?•'i':?-,??X?k ??•- "''•?
shall issue erscnael policies for the City of Clearwater.
Adequate ;?•.r.,?;a; .3q, r'? 4
f public notice shall be given to all interested parties of proposed. r{ t,.y+?7."tl*=t s ?;?
`• . changes or additions to the personnel, policies prior to the lima
they are to take effect. If requested by any of the affected parties,
3 the director of personnel shall schedule a public hearing before
the Civil Service Board an proposed changes or
additions to the perso=el policies. The policies shall provide:
R (1) For the preparation, maintenance and revision of a position,
classification play for all, positions in this career service,
based upon similarity of duties perfa
zae
d and responsibilities
assua ed, so that the sa=e '±
quaLi_ficatioas may reasonably be
required for, and the same schedule of pay may be equitably
applied to, all positions in. the same class. Ater- such classi-
fication plan has been approved by the City Manager, the director
shall a11ccate or reallocate the position of every employee in the ,
carip ar service to one of the classes in the plan- Any employee
r affected by the allocation ar reallocation of a position to a class
,
shall after filing
with the
director of personnel a writteax request ,
for reconsideration thereof is such =y'^^er and form as the ?
director may prescribe, be given a reasonable opportuaaity to be 43
heard therefrom.
(2) For the annual submission of a pay plan to the City Manager. 7
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(3) For the recruitment of capable persons and for the adxninisterizg
of competitive exa=ls. All competitive exams utilized shall, ? .
prior to utilization be validated to 1==e that they are culturally ;
fair and to insure that they are job related.
i (4)'For the certification to the City Manager of the names of persons j
who are categorized as qualified to fill a vacancy. S
' (S) For the establishmcstt and maintenance of eligible lists for
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appointment and promotion, upon which lists shall be placed
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. the names of successful candidates. 3'• ?ql
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i (6) For promotions which skull give appropriate consiaeration to ??w' • `
i the applicant'a qualifications, record of performance, and ability..
' ('7) For, upon appointment or promotion, a period of employee
Probation Prior to Permaaent appointment,
not to exceed six i
months, except for initial, appointment of police officers and
E firefighters for whom the probationary period shall be one year.,
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1 (8) For emergency employment for not more than 90 days
and for the provisional ernployment without open. evaluation
J when there is no appropriate eligible list available, No such
1 provisional employment shall continue longer than six months,
nor shall successive provisional appolatrnents be alldwed.
. ,, (9) For the establishment of programs, including tiaiass programs,
designed to attract and utilize persons with miai:nal quxli4cations,
`f I but Frith potential for development, in order to provide career
J a? development opportunities among members of disadvantaged
5?? s groups, handicapped persona, and returning veterans.
(10) For keeping records of performance of all employees in the
career service, which performance records shall be considered
in determining salary increments or increases for meritorious
- service; as a factor in promotions, as a factor in detarmining the
order of" layoffs because of lack of funds or work and in
reinstatement; and as a factor in demotions, discharges and
transfers.
(11) For layoffs by reason of lack of funds ar work ar abolition
3V , of a position, or material chaugo in duties or organization, and
,,, for reemployment of employees so laid off.
(12) For establishment of a plan; for resolving employee grievances
' sad complaints •
(13) .'or establishment of disciplinary measures such as suspension,
demotion In rank or grade, or dischaxge. Such measures shall
provide for presentation of charges, hearing rights, and appeals
for all permanent employees in the career service.
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(141 For establishing. hours of work, holidays, and attendance
regulations in.various classes of positions in tire: career service.
(15) For establishing and publicizing fringe benefits such as insurance
- progra= , retixement and leave policies.
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(1b) For development and operation of programs to improve work
eeectiveness, including training, safety, health, welfare,
counseling, recreation and erixployee relations.
(17) For such other policies and adrrjnistrative regulations, not
inconsistent with this ordinance, as may be proper and necessary
-; for its enforcement.
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(a) The director of personnel or the director's authorized agent shall
be reuponsible' for the certification of the payroll vouchers that the
persons named therein have been appointed and employed in accordance
with the provisions of this ordinance and the policies thereunder. No
i City of Clearwater disbursing or auditing officer shall make or approve
or take any part in making or approving any payment for personal
service to any persons holding a position in the City of Clearwater
service unless said payroll voucher or account of such pay bears
the certification of the director or the director's authorized agent.
(f)' The director of personnel shall develop and maintain an
affirmative action plan that will assure equal opportunity in
j .recruitment and selection, job structure, promotion policies,
training to improve job performance and upward mobility, and
all other related procedures and practices.
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Section 2.37: Civil Service Board.
There shall be within the personnel Department a five-member
civil service board. The ansznbers of- the board shall be'citizens
of Clearwater, not employed by the City of Clearwater, or in any
manner connected with the City administration, and such members
shall serve overlapping three year terms. Two members shall
be appointed by the'City Manager, two shall•be elected by the
municipal employees, and the fifth shall be selected by the other four
members. The fifth person selected shall be an individual who does
not presently hold any office in or affiliation with a,ay type -of labor
union or orgax?ization commonly associated with municipal management
or administration. Three members of the board shall constitute a
quorhxn and each year the board shall elect one of its members as
chairman. A member- of the board shall resign immediately upon
announcement that the member is running for any political office.
Each member of the board ahall hold office until the member's
successor is appointed and confirmed. A member of the board may
be removed by the City Commission for cause. Cause within the
meaning of this section shall be defined to include malfeasance, mis-
feasance, or nonfeasance in office, conviction for a felony, or a crime
involving moral turpitude. Prior to such removal the member shall
' be entitled to receive a written st,atement of the reasons for such removal
and be granted a hearing on such reasons before the City Commission.
Replacement of any member removed as herein provided, shall be in
the same manner as the original appointment, election or selection,
and for the remainder of the applicable term. For the initial appointment
of the Board, one of the members appointed. by the City Manager and
one of the members elected by the municipal employees shall be for
a term of three years; one =ember appointed by the City Manager and
one member elected by the municipal employees shall be for a term
of two years, and the member selected by the four members shall be
appointed for a terra of one year, each appointment to run from the
time of the appointment and until their successors are appointed and
qualMad.
The civil service board, upon request of the personnel director, the
City Ma-rager, or upon its own initiative shall have the responsibility
of conducting public hearings on proposed deletions, mad3$cations
or additions to per'so=el policies, and of providing advice and counsel
on all aspecL•s of public personnel administration, including, but not
limitad to, manpower utilization, manpower training, test validation,
amployae compensation and employee grievances. Upon request by the
Civil Service Board, the City Commission may in its discretion provide
said board independent legal counsel.
s All cases of employee grievances relating to discipline or problems of
job discrizainatiOn shall be heard by the hearing officer utilizing the
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Section Z-38. Hearing Officer.
There sha .1 be a hearing officer appointed by the Civil Service Board
from a list of not less than five (S) names established by the City
Commission for such purpose. In establishing a list for the hearing
officer position, the City Commission shall utilize qualification standards
t similar to those used by the State of Florida Division of Administrative
Hearittga. The City Commission: shall have authority where permitted
by statute to contract with the State of Florida Division of Administrative
i Hearings to provide a hearing officer. The City Manager shall not
participate in any manner in the establishment of -the -test for the position
of hearing- officer or in the selection of a hearing officer once the test
has been created.
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It shad be the duty of the hearing officer to represent the public interest
by reviewing employee appeals resulting from alleged adverse a=ployer ...
action, including but not limited to violations of this ordinance or'the
rubes and regulations promulgated thereunder, unwarranted demotion, s''....'.
dismissal or suspension. During such review, both the a i °
• ppealiag employee
! and the appointing authority or other persons whose action is being
reviewed shall have the right to be heard publicly, be represented by
a person of his choice, and to present evidentiary facts. At the hearing
of such appeals or grievances, technical rules of evidence shall not apply.
In conducting administrative hearings, the hearing officer shall have the
i ower to administer oaths, issue sub oenaea compel th 'production of
books, PaPere and other documents and receive evident
e. The hearing 0 4." if
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officer, in the conduct of administrative hearings, shan utilize a
procedure similar to that set out in Section IZO.57 `1 Florida Statutes
and Section IZO.58 Florida Statutes ?, ,
All orders prepared by the hearing officer as a result of such hearing ,:? .? •,
or hearings shall conform with the requirements for such orders as
net out in Section 120. 59, Florida Statutes. The hearing officer shall i _ • i
then transmit the proposed order composed of findings of iact and ;
conclusions to the civil service board. The civil service board mal 4
adopt the recommended order prepared by the hearing officer as its
order and order a penalty consistent therewith. Irt its order the civil
service board may reject or modify the conclusions of law and
interpretations of administrative rules contained in the proposed order d !,
of the heazi=g officer, but may not reject or modify the findings of fact ?
unless the civil service board determines from a review of the complete
record and states with particularity that the findings of fact were ,.
not based upon competent substantial evidence, or that the proceedings
upca which the findings were based did not comply with the essential i
requirements of law. The language of this paragraph shall not be
'. construed to grant or otherwise permit the civil service board to reopen ?.
any hearing or to commence taking or retaking any evidence or testimony.
Thereupon, witbin tea'(10) days, the civil service board utilizing the
proposed order shall transmit together with a copy of the proposed order
its determination, including a determination of penalty to the City Manager; provided, however, that the aforementioned penalty shall be
consistent with the factual findings of the hearing officer, and such
determination will also conform with the requirements for such orders
set out in Section 120. 57 (8) of the Florida Statutes.
Following receipt of the order prepared as provided in Section 4
120. 57 (8) of the Florida Statutes, and the penalty, such order and ;
penalty shzU be considered a final order and the City Manager shall be `
bound to accept the penalty, unless within five (5) days, the City '
Manager shall seek further judicial review as set out herein. s •, "' 14
.. Any, party adversely affected shall have the right to have the ad=inistrative?
proceeding reviewed by filing a Petition for Certiorari with the Circuit,
Court of Pinellas County as provided by Rule 4. 1 of the Florida Rules -
of Appellate Procedure. `
Section Z-39. Political Activities.
s (a) No City of Clearwater employee in the career service shall hold
office as a member of the City Commission of the City of Clearwater
i virile at the sama time continuing as an employee of the City.
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(b) No employee or officer sha11 directly or indirectly coerce or attempt
to coerce or coauxiand any other officer or employee to pay, land-
or contribute any part of his salary, kickback any sum of money,
or anything also of value to any party, committee, organization,
agency, or person for political purposes.
(c) Nothing herein contained shall affect the right of the employee to
hold membership in, and support, a political party, to vote as
the employee chooses, to express opinions on all political subjects
and candidates, to maintain political neutrality, and to attend
political meetings during the employee=s off-duty hours; provided,
that no employee in the career service shall represent his opinion
' on political subjects or candidates to be the opinion of or endorse-
` meat by the City of Clearwater.
Section 2-40. Employee Organizations.
The City of Clearwater employees shall have the right to organize,
join and participate, or to refuse to organize, join and participate, in
any employee organization freely and without fear of penalty or reprisal,
for the purpose of collective negotiation through representatives of their
own choosing on terms and conditions of employment. Nothing contained
in this section shall preclude the right of the employee from submitting
an appeal under the provisions of Section 2-38.
Section 2-41. Unlawful. Acts Prohibited.
(a) No person sball make any, false statement, certificate, mark,
rating or report with regard to any teat, certiS•catiou or appointment
made under any provision of this ordinance, or in any manner commit
or attempt to commit any fraud preventing the impartial execution of
this ordinance and policies.
(b) No person shall, directly or indirectly, give, render, pay, offer,
solicit, or accept any money, service or other valuable consideration
for any appointment, proposed appointment, promotion or proposed
promotion to, or any advantage in, a position in the career service.
(c) No employee of the personnel department, examiner, or other
person shall defeat, deceive or obstruct any person in his right to
e=-iaation, eligibility, certification or appointment under this
Ordinance, or furnish to any person any, special or secret information
for the purpose of affecting the rights or prospects of any person with
respect to employment in the career service.
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Section 2-42. Penalties.
(a) Any person who wilfully violates any provision of this ordinance
shall be guilty of a misdemeanor of the second degree as defined
in Section 775. 08 (2) of the Florida Statutes and sha11 be subject
to itnprisonment for a definite term not exceeding sixty (60) days,
as provided is Section 775. 082 (4) (b), Florida Statutes, or, a fine
not exceeding Five Hundred Dollars ($500. 00) as provided in
Section 775.083 (1) (e), Florida Statutes.
(b) Any person who is convicted of a misdemeanor as described in
subsection (a) of Section Z-42 shall, for a period of five (S) years,
be ineligible for appointment to or employment in a position of
the'City of Clearwater service, and if such person is an officer
or employee of the City of Clearwater, such person shall forfeit
the office or position.
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Section 2-43. Status of present employees.
(a) Employees holding positions in the career service for six (6)•
months or more immediately prior to the adoption of this ordinance
shall be continued in their respective positions without further
examination, and shall be governed by this ordinance and shall
enjoy all rights and privileges herein until separated from their
positions as provided by law. Certified police and fire personnel
who have held positions as police officer and firefighter for
twelve (12) months or more immediately prior to the adoption of
this ordinance shall be continued in their respective positions without
further examination, and shall be governed by this ordinance and
shall enjoy all rights and privileges herein until separated from
their positions as provided by law. Those who shall have failed
to qualify as provided herein shall be dismissed from their positions
within thirty (30) days after establishment of an eligible list for
their' respective positions. Nothing herein shall preclude the
reclassification or reallocation as provided by this ordinance of
any position held by any such incumbent.
(b) No pension benefits that have accrued to employees shall be
affected by this ordinance.
(c) All present wage rates, civil service rules and regulations,
procedures for employment and other City personnel policies
shall continue in force until changed or revised in the manner
provided in this ordinance.
Section Z. If any provision of this ordinance or of any policy, or order
thereunder of the application of such provision to any person or circumstances
shall be held invalid, the remainder of this ordinance and the application of such
provision of this ordinance or of such policy, or order to persons or circum-
stances other than those to which it is held invalid shall not be affected thereby.
Section 3. The City Commission shall have continuous power to amend
this ordinance; however, no such amendment shall becpme effective until and
unless it is ratified by a majority of the qualified electors of the City voting
either in a general election or in a special election called and held for the
purpose of ratification or rejection of the amendment.
k
I
?l
Section 4. Schedule.
(a) This Ordinance containing a new Civil Service System shall take
effect as provided in Section 7 of this Ordinance.
(b) Unless and until the conditions for adoption set forth in Section
7 of this Ordinance are satisfied the Civil Service System as set forth in
Chapter 21153, Special Laws of Florida, 1941, as amended, shall remain
in full force and effect.
10/5/78
? ??. ........ .. __.-..•.-_. .. .. .. ' ? .. ? ,. ..u b. .. ..., r.-....•r _.... ..w.•?..LtiY..•rtayl'•..r.n.-.. rr?nJ
r
i' (c) All present wage rates, civil service rules and regulations,
procedures and personnel policies not in conflict with this ordinance shall
continue in force until and unless repealed or otherwise revised in the manner
provided in this Ordinance or by other lags.
y•ht _
?? (d) Within sixty (60) days following this ordinance becoming effective
I Y
as provided in Section 7, the City Manager shall designate the members he
t r
wishes to nerve on the Civil Service Board provided for by this ordinance,
* and the-municipal employees shall proceed to elect their members. The
four members so selected and elected shall then meet within the sixty (60)
t- day time period provided herein to select.a fifth member.
(e) The Civil Service Board in existence immediately prior to the
time that this ordinance becomes fully effective shall continue to function
until a Board is selected in a manner consistent'with this ordinance.
i.
Section S. (a) A special election for the purpose of voting on the
Civil Service System contained in this ordinance shall be conducted on the
second Tuesday in December, 1978.
(b) The question to appear on the referendum ballot shall be-
as follows:
Shall Chapter 21153, Special Laws of Florida, 1941, as
amended, be further amended by Ordinance No. 1831 to create
i a new civil service system dealing with the following:
Removal of department, division and agency heads from the
civil service; maintaining a civil service board; including
a hearing officer to conduct employee disciplinary and grievance
hearings; permissible political activities of civil service
employees; allowing civil service employees to join and
participate in employee organizations; continuing the civil service
status of present employees; and a referendum requirement on
all future changes' beyond Ordinance No. 1831 ?
FOR AGAINST
+ Section 6. Notice of the proposed enactment of this ordinance has
i been properly advertised in a newspaper of general circulation in accordance
R with Section 166.041, Florida Statutes.
} -9-
I
•F '
E"OrdM 1831... .. .... ._ _. as/5/78
it 3;.. - •I _???.
+0
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i '
z
Section 7. This Ordinance shall become effective immediately upon
Its final passage and adoption and if such Civil Service System is approved
t?er x
b a ma on of the electors
by ,? ty voting in a referendum on the issue at a valid
tit'"q4 t; ??.??Zl34tih`Y9y.• !.qty. ?'??
special election called for such purpose to be conducted in the City of Cleaxwater,
=.? _ ?•,r.=n ,•h ? ' r`?"?'
Florida, and upon the filing of this ordinance with the Secretary of State. =Y. € .,,•?'t st..<,,?, ?????`
x?',t ?„•J t? h?? ? 1
PASSED ON FIRST READING September 21,
1978
PASSED ON SECOND AND FINAL
<=1 x a of d' .'.
October
READING AND ADOPTED 5, 1978
• rr
ayar-Commissioner Attest; /} r
City Clerk
I, Lucille Williams, duly appointed City
Clerk of the City of Clearwater, Florida,
hereby certify that a copy of the foregoing
Ordinance No. 1831, approved by the electorate
r on December 12, 1978, was filed in the'offic'.
of the Secretary of State on December 18, 198?
Copy of notification from Secretary of State
filed with Commission minutes dated December.,
13, 1978.
Witness my hand and the seal of the City of
Clearwater this 17*_h day of .7anukry, 1979,
r ._
ty 'ter c
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CLEARWATER SUN I ;
R?t1.Mi D.117 Of Ordinances ,.
C4.r..lor. P1..11r C...17. N'I+.Nda
STATEOFM.IDA ORDINANCE NO. 1$25
COI'y4TYOSPIN1LLAS,
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............................ . MY,
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nrrWR',DATE OI'•THTS ORDINAZICI
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FLOPMA. IMI.-AS.AMLNDEM.T0MAE= A
rfcF.'%?.{1' r ` KJ c ti< X=XM Or=M.SERVICE ADMINISTRATION: IO M i
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+•`'?'•x,'.'+,OND0IATICE NO: 113x' •:''•'.:? 'i.r:'•#
r'A!{:ORDTNANCE•Or:TIM CITY Or CIZARWATM
A. AMQIDINO CHAPTER =J. WWAI. LAWS • . -
Or.. FLORIDA. UR. AS AMENDED. TO CREATE A PEN. ' •' 'I
.•/FGN FUND FOR EMPLOYEES Or THE CRY orCLEAR•
AT1SA AND TO PROVIDR Ct1YCRAGE TITEFRA'P:' TO
ISEgI7RE• PA=CtPATM AND TO SET rOFrrH THE
PROYiSGN .:'
IHUI?S+TFOLTU FOR: To SNr FORTH THE'
FOR THE MONm OOMPRUM-THE FUND: 7O SET'. ,.
AVkTII rM RM- AND R_' OULATIONS rOR 415UPH I
MG THE FUND' TO PRIME ror. PENSION RENE-
A><i TrCtIY YEARS SERVICE. rat PER..,
MNNTT 121110WITATM. AND FOR DEATH. TO PAW:-FOR DECREASE WrIFITS FOR EACH CH1LD:'
-
PRGYIDE MINIMUM PENSION EIXEFTIII: TO PM',
YTDE THAT THIS ORMANC. FINAL. NOT REXJCi OR
YES= MGM Or PnWKS AUtEADY M , •;
011010 PENSM Si1'O:r17S: TO SGT rDRTTT REGLL . s
IAT10" FOR Ram or 0ON77UEUTONS:•TO-PRO-
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ti VIDE THAT NO'rdM HEREIN CONTAINED SHALL AL-
TER OR AFrECT ANY OF THE RIGHTS OR I.IAWLITIL'i
' Or.AfIY' EMPWYEY Or THE CITY Or CEZARWATER
UNDER ANY OTII•R PENSION PLAN NOW IN EFFECT. t
TO PROVIDE CERTAIN WORKMEN1 COMPFVSATION
SXOLUS M;.7O SET OUT THE PENSION RIGHTS OF
MEMLERS Or THE ARMED rORCES AND TO PROYME '
4GR THEIR RYMM IN CASE Or RESIGNA7IOl1 TO
?rItOTIDE THAT THERE R ML a NO rtNSION kT '
s'MELT UHIES11 Xn TICEENI' rUNN ARE ON DEFOUT.
TO-PROYmo Yen NG or PENSION RIGIrm Ar=
TEPI YEARS. TO rRAYIDE FOR THE AIMOMMr Or
THE r'ENSM FWV; PROYmING FOR RIMMENDUM . t
RCJl771N37OTHEPENi1ONrIf1N;TOrRO
:ELECTION
VOW TORTIC iTPARAIIH.ITY DT T1HL PRITYISONf
I HEILEOT: TO PROVIDE FOR PROPER NOTICE Or P20•
POSED CUCTMENT: AM TO PROVIDE FOR THE EF.
FECITVE DATE Or THIS ORDHA M AFTER AP. 1
.'PROVAL' AT RI7ERCNDUbL ;
P"M ON FIRST READING, krla"w 21: Im,
t.` PASSED ON umm An rDHAL READING AND
='ADOPTED AS AMZM= DOW 1. NI1
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Pabll¦bedDa3y ,,,• ? •r.
'
tment Of Ordinanees.- r
Ena
Crater. Pinellas Cavaty, Florlda c
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;
Clearwater City Cof-nilon. Meeting r_S; -1978,
j' AS
F PLVE[
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Commission Meeting Room
be
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at 9:30 A
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W'"" eis tsrss¦lxxad a¦tbortq v.,..*g7 appet)rcd Ro.awsi. Zsbier, *? on oath .¦y$ eist she S
,I
d,
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*,•
To titles as coiulder follows adoption : of Ordinance Nos. I=, 33I AY
'„- Lagal Clark of the Cleanmur S¦a, a dally st¦spaper prtblished at ciewvater to Plata" cats,
!T
E CI
Y
ttiatti¦•ts.e>Mlio.py.( .dvWt6tvW0y6atuas .......... .................. AN' ORDINANCE AMENDING
H
T
CHAPTER 8710, SPECIAL LAWS •OF FLORIDA. I9?3:.AS = " ".''`'•' ?" ;
'.;r?
:_`<• Pro
osed
nactment of
of
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Ordinar?r t,,,
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X9 AMENDED, TOPROVWEFORTHEEXjSTENCEOF?lE; s
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T830 i83i 183
Ord >CITY, OF CLEARWATER, FOR THE FORM OF GOVERN." r^
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.............................................
. . . . . ...... . .... • . ?. 1..
MENT, FOR THE DISTRIBUTION OF POWERS. FOR TIIF:
::'a i' • a =d z r? '
.` .......................... ..................................................... ' TERMS OF ELECTED OFFICERS AND. THEIR MANNER
'OF ELECTION; PROVIDING FOR •A•• REFERENDUM xxxx
• ... • . • • . • . • • .... • • . • .................................... ?C6%+, ••• P-b%11101110 'ELECTION • RELATING To SUCH CHARTER;'. TO:' PRO: I,. ,, ?• ? .„?
y" VIDE'FOR THE SEPARABILITY OF-THE PROVISIONS. r=' '?• ?
a -t, ,. ¦swspapar is tf» h¦¦es d S t'?P.?f r.. A P.a.. 1 . 7 .$ ......... .......................... ; HMEOF; TO PROVIDE FOR PROPER NOTICE'OF PRO-
':'POSED :ENACTMENT; AND TO PROVIDE FOR THE EF- •:: ?'?-??`?
.` ........... .................. .... FECTIVE DATE OF. THIS OItDiNANCE,.AFCER;:AP=f., Ufa :
• PROVAL AT. REFERENDUM. . • r
x?= t¦rtier says that tin t)aid (year.atrr 9.s . aewapaper palsTished at [Yasr,rater, In said • •' AN ORDINANCE OF THE CITY OF CLEAAWATER, .
jr C axly, FlorMs. sad that tie said.avrpaper has henetoHe< beast vwtin¦o¦dy psbtished to said FLORIDA, "AMENDING CHAPTER 21153, SPECIAL LAWS.
'
Cwsitr, 7%ar" a¦elt do) ni d has Lear eot=vd as seraad dart small natter at the passe office in OF- FLORIDA, 1941, AS AMENDED,, TO ESTABLISH A
.tr, IS as Tudtaa ce"aty, Jiarlds, for 0 PenW OF oar ytwr ssat ptceediM the tint Pobbestio¦ ., SYSTEM OF CIVIL SERVICE ADMINISTRATION..TO DE- t
- ?t attecl ed eapr of &d1 r1uu sat; and atttaat turdwr sap tint she hay ndther paid am promised FINE. CAREER CIVIL SERVICE: TO ESTABLISH. A' PER=
41. am w empol *a arty diren¦n!, ttlbaty aeomadsdaw or tt:f¦nd for the parpase ot.eelarin6 } SONNEL, DEPARTMENT' AND ESTABLISH' ITS DUTIES; >+ -
i i1w rwk o 61. gaper. ' k-TO' ESTABIASH 'CLVIL SERVICE BOARD. AND PROVIDE ;
.THE'.APPOINTMENT OF ITS MEMBERS AND. ES-'-
iTABLISH:ITS DUTIESRTO.PROVIDE FA HEARING1
. DFFLCER TO SMFO TH POLITICAL A VITIES PRD
?X;,'.; t , .••. ... .. :HIBLTEII: -:TO' ESTABLISH UI!iI.AWFUL'.AC15• PRO-` l
WF.a
iti?t}, 'y uaadtta ibodbriansma t E{IBITED TO PROVIDE PENALTIES FOR VIOL'ATIONJ
7EipTABT IMM $TAR of nevivA Ot tm HEREOF; TO PROVIDE FOR THIS $T?lTUS OF?RFS
}?., '? •, MT CGtt?1t1t10K EXM IT WAY IL 11 i - R? f Y h•' 1r. a
REFERENDUb! I `
MOE0 ?R:?- tuttxlit IMl. tkTCEATti1T EMP?.OYEGS; ROVIDINGi 'FOR': A
ti xst':' „? 'ELECTION.RELATING TO THE CIVIL SERVICE SYSTEM. _ , h
110P=ike Ta PROVIDE FOR THE SR'sPARABILTTY OF THE PRO:?' -. r°
:
ONS HEREOF;-TO•PROVIDE'FOR PROPER-NOTE
? -PROPOSED;ENACTMENT; ANf)'TQ'PROVIDE-•FOR
THE. EFFECTIVE DATE OF THIS. QRDINANCE:: AFTER t
°AR?PROVAL -AT REFERENDUM.
``-ANA?ORDINANCE OF; THE CITY +(6F; CI,EARwA'I'EKL
;FLORIDA.: AMENDING. CHAPTER 23214,' SPECIAL: LAWS';'
OF. FLORIDA, 1945, AS AMENDED, TO CREATE A-:PEN-
:$ION FUND FOR EMPLOYEES OF THE CITY OF CLEAR=,"
:WATER AND T& PROVIDE COVERAGE THEREOF, TO';
REQUIRE PARTICIPATION. AND -.TO SET. F•ORTIi THE::
RULES T1JEREFOR;' T0• SET '-FORTH::THE -PROVI ION •;
FOR.THE.MON1ES COMPRISING THE FUN -TO'SET.
'FORTH THE. RULES AND REGULATIONS FOR ADM1NI5r.
ERING .THE FUND; TO PROVIDE FOR PENSION. BENS,
!FITS AFTER TWENTY- YF,ARS SERVICE. ' FOR ' PER==
'MANENT INCAPACITATIOWAND FOR DEATH; TO PRO-
NYLDI FOR"INCREASED BENEFITS FOR EACH CHILD
:PROVIDE:: MIMMUM .PENSION BENEFITS; TO PRO;
VIDE' THAT' THIS DRDINANCE SHALL NOT. REDUCE .OR;
JWRIDGP VESTED RIGHTS OF PERSONS'ALREADY RE
££EEIVING PENSION BENEFITS;' TO SET FORTH REGU-;
'LATIONS FOR RETURN. OF CONTRIBUTIONS; TO PRG-t
WE'THAT. PENSIONFUNDS•ARE NONASSIGNABLE
IND - EXEMPT ' FROM'- PROCESS; 'TO ' PROVIDE . FOR.
:FORFEITURE UPON CONVICTION OIL FELONY; TO PRO-`
NIDE'DISABILITY PENSION. QUALIFICATIONS; TO PRO.,
3ME THAT. NOTHING•HEREIN CONTAINED.SRAL.L AI:•
'TER OR•AFFECT ANY OF THE RIGHTS OR LIABILITIES
'OF?ANY-EMPWeEE,OF THE CITY OF CLEARWATER
IMER ANY OTHER PENSIONTLAN NOW IN EFFECT;
TQ,:PROVIEME CERTAIN.. WORKMEN'S COMPENSATION
EXCT.USLONS;.TO SET OUT THE PENSION .RIGHTS OF-
"MEMBERS OF THE -APIMD FORCES AND TO PROVIDE
FOR THEIR RIGHTS •IN CASE; OF RESIGNATION; TO
PROVIDE THAT. THERE' SHALL BE NO PENSION-PAY.
KENT UNLESS SUFFICIENT FUNDS ARE ON DEPOSIT;
PROVIDENESTING.O!<rPEaNSION .RIGHTS AFTER
YEARS;'. T10 PROVIDE' FOR THE AMENDMENT OF
'PENSION .PLAN:. PROVIDING FOR A. REFEREN-
ELECTION RELATING TO THE PENSION PLAN; TO
PROVIDE°.FOR' THE SEPARABILITY OF THE PROs,
NS HEREOF; TO,PROVIDE FORVROPER NOTICE
AF•'PROPOSED'ENACTMENTv AND PROVIDE FOR,
"THE EFFECI'iVI3 DATE-OF THIS ORDINANCE.'AFTER
APPROVAL AT VMRENDUK,1 •,?S"?f'«''? ;„-*::•.a-:
us may be prm-nd•to speak on the acdlnailcss awilor
0y:-i
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{ '1
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•
• • •
ORDINANCE NO. 1831
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING.CHAPTER 21153, SPECIAL LAWS OF FLORIDA,
1941, AS AMENDED, TO ESTABLISH A SYSTEM OF CIVIL
SERVICE ADMINISTRATION; TO DEFINE CAREER CIVIL
SERVICE; TO ESTABLISH A PERSONNEL DEPARTMENT
AND ESTABLISH ITS DUTIES; TO ESTABLISH CIVIL SERVICE
BOARD AND PROVIDE FOR THE APPOINTMENT OF ITS
MEMBERS AND ESTABLISH ITS DUTIES; TO PROVIDE FOR
A HEARING OFFICER; TO SET FORTH POLITICAL
ACTIVITIES PROHIBITED; TO ESTABLISH UNLAWFUL ACTS
PROHIBITED; TO PROVIDE PENALTIES FOR VIOLATION
HEREOF; TO PROVIDE FOR THE STATUS OF PRESENT
EMPLOYEES; PROVIDING FOR A REFERENDUM ELECTION
RELATING TO THE CIVIL SERVICE SYSTEM; TO PROVIDE
FOR THE SEPARABILITY OF THE PROVISIONS HEREOF;
TO PROVIDE FOR PROPER NOTICE OF PROPOSED ENACT-
MENT; AND TO PROVIDE FOR THE EFFECTIVE DATE OF
THIS ORDINANCE, AFTER APPROVAL AT REFERENDUM.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 21153, Special Laws of Florida, 1941, as amended,
is hereby amended in its entirety to read as follows:
Section 2-34. System of Civil Service Administration--General
Purpose..
The general purpose of this section is to establish a system of
civil service administration that meets the social, economic and
program needs of the people of the City of Clearwater. This
system shall provide means to recruit, select, develop, and
maintain an effective and responsive work force, and shall
include policies and procedures for employee hiring and
advancement, training and career development, job classification,
salary administration, retirement, fringe benefits, discipline,
discharge, and other related activities. All appointments and
promotions in the City of Clearwater service shall be made
without regard to sex, race, religion or political affiliation,
and shall be based on merit and fitness.
Section 2-35. Career Civil Service.
(a) The career civil service shall be a permanent service to which
this ordinance shall apply and shall comprise all tenured
positions in the public service now existing or hereafter
established, except the following:
(1) The members of the City Commission, the City Attorney
and Assistant City Attorney.
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(Z)Members of boards and commissions and heads of departments
appointed by the City Manager.
•
(3)Persons employed to make or conduct a temporary and special
inquiry, investigation, or examination on behalf of-the City
Commission, a committee thereof, or the City Manager.
(4)The City Manager, Assistant City Managers and other
assistants to the City Manager.
(5)The following positions which by their nature cannot or should
not appropriately be included in the career civil service
are exempted:
a. Department, Division and Agency Heads
b. Persons serving in positions funded in whole or in part
by D.S. Government manpower assistance programs.
(b) Nothing herein shall be construed as precluding the appointing
authority from fil14' g any position in the manner in which positions
in the career civil service are filled.
(c) All appointments to positions in the career civil service of the
City of Clear-water shall be made by the City Manager, who shall
likewise be responsible for dismissals, suspensions, or demotions
of all persons in the career service. The City Manager shall have
the same appointing and disciplinary authority with respect to
persona exempted from the career service in Section 2-35 (a) (4)
and (5) of this ordinance, except as otherwise provided in. the Charter.
Section Z-36. Personnel Department.
(a) There shall be in the City of Clearwater a personnel department,
the executive head of which shall be the director of personnel.
(b) The director of personnel shall be experienced in the management
and administration of personnel and shall be appointed by, and
serve both at the pleasure of the Civil Service Board and the
City Manager.
(c) The director of personnel is executive head of the personnel
department and shall direct all of its administrative and technical
activities and appoint its employees. It shall be the duty of the
director- of personnel to:
(1)Encourage and exercise leadership in the development of
effective personnel administration within the several depart-
ments in the government service, and to make available the
facilities of the department of personnel to this end.
- (2)Advise the City Manager on manpower utilization.
(3) Foster-and develop programs for the improvement of
employee effectiveness, including training, safety, health,
counseling and welfare.
.(4),Investigate from time to time the operation and effect of this
ordinance and of the policies made thereunder and to report
such findings and recommendations to the City Manager
and/or Civil Service Board.
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•
•
(5)Establish and maintain records of all employees in the
government service, in which there shall be set forth as
to each employee the class, title, pay or status, and other
relevant data.
(6)Make an annual report to the City Manager and to the Civil
Service Board regarding the work of the department.
(7)Apply and carry out this ordinance and the policies thereunder
and to perform any other lawful acts which may be
necessary or desirable to carry out the purposes and
-provisions of this ordinance.
•
• (d) On recommendation of the City Manager, the Director of Personnel
shall issue personnel policies for the City of Clearwater. Adequate
public notice shall be given to all interested parties of proposed.
changes or additions to the personnel policies prior to the time
they are to take effect. If requested by any of the affected parties,
the director of personnel shall schedule a public hearing before
the Civil Service Board on proposed changes or
additions to the personnel policies. The policies shall provide:
(I)For the preparation, maintenance and revision of a position
classification plan for all positions in the career service,
based upon siTtrtl=rity of duties performed and responsibilities
assumed, so that the same quat5fications may reasonably be
required for, and the same schedule of pay may be equitably
applied to, all positions in the same class. After such classi-
fication plan has been approved by the City Manager, the director
shall allocate or reallocate the position of every employee in the
career service to one of the classes in the plan. Any employee
affected by the allocation or reallocation of a position to a class
shall, after fi11• • with the director of personnel.a written request
for reconsideration thereof in such manner and form as the
director may prescribe, be given a reasonable opportunity to be
• heard therefrom.
(2)For the annual submission of a pay plan to the City Manager.
(3) For the recruitment of capable persons and for the administering
of competitive r rrs. All competitive exams utilized shall,
prior to utilization be validated to insure that they are culturally
fair and to insure that they are job related.
(4)For the certification to the City Manager of the names of persons
who are categorized as qualified to fill a vacancy.
(5)For the establishment and maintenance of eligible lists for
appointment and promotion, upon which lists shall be placed
the names of successful candidates.
•
(6)For promotions which shall give appropriate consideration to
the applicant's qualifications, record of performance, and ability.
•
(7)For, upon appointment or promotion, a period of employee
probation, prior to permanent appointment, not to exceed six
months, except for initial appointment of police officers and
firefighters for whom the probationary period shall be one year.
_3_
(8)For emergency employment for not more than. 90 days
and for the provisional employment without open evaluation
when,there is no appropriate eligible list available. No such
provisional employment shall continue longer than six months,
nor shall successive provisional appointments be allowed.
(9)For the establishment of programs, including trainee programs,
designed to attract and utilize persons with minimal qualifications,
but with potential for development, in order to provide career
development opportunities among members of disadvantaged
groups, handicapped persons, and returning veterans.
(10)For keeping records of performance of all employees in the
career service, which performance records shall be considered
in determining salary increments or increases for meritorious
service; as a factor in promotions; as a factor in determining the
order of layoffs because of lack of funds or work and in
reinstatement; and as a factor in demotions, discharges and
transfers.
(11) For layoffs by reason of lack of funds or work, or abolition
of a position, or material chango in duties or organization, and
for reemployment of employees so laid off.
(12)For establishment of a plan for resolving employee grievances
and complaints.
(13)For establishment of disciplinary measures such as suspension,
demotion in. rank or grade, or discharge. Such measures shall
provide for presentation of charges, hearing rights, and appeals
for all permanent employees in the career service.
( 14) For establishing hours of work, holidays, and attendance
regulations in various classes of positions in the career service.
(15)For establishing and publicizing fringe benefits such as insurance
programs, retirement and leave policies.
(16)For development and operation of programs to improve work
effectiveness, including training, safety, health, welfare,
counseling, recreation and employee relations.
(17) For such other policies and administrative regulations, not
inconsistent with this ordinance, as may be proper and necessary
for its enforcement.
(e) The director of personnel or the director's authorized agent shall
be responsible for the certification of the payroll vouchers that the
persons named therein have been appointed and employed in accordance
with the provisions of this ordinance and the policies thereunder. No
City of Clearwater disbursing or auditing officer shall make or approve
or take any part in making or approving any payment for personal
service to any persons holding a position in the City of Clearwater
• service unless said payroll voucher or account of such pay bears
• the certification of the director or the director's authorized agent.
(f) The director of personnel shall develop and maintain an
affirmative action plan that will assure equal opportinity in
.recruitment and selection, job structure, promotion policies,
training to improve job performance and upward mobility, and
all other related procedures and practices.
•
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Section 2-37. Civil Service Board.
There shall be within the Personnel Department a five-member
civil service board. The members of the board shall be'citizens
• of Clearwater, not employed by the City of Clearwater, or in any
m.anner connected with the City administration, and such members
shall serve overlapping three year terms. Two members shall
be appointed by the City Manager, two shz11 be elected by the
municipal employees, and the fifth shall be selected by the other four
• members. The fifth person selected shall be an individual who does
not presently hold any office in or affiliation with any type of labor
union or organization commonly associated with municipal management
• or administration. Three members of the board shall constitute a.
quorum and each year the board shall elect one of its members as
chairman. A member-of the board shall resign inam.ediately upon
announcement that the member is =raring for any political office.
Each member of the board 511a-11 hold office until the memberrs
successor is appointed and confirmed. A member of the board may
be removed by the City Commission for cause. Cause within the
meaning of this section shall be defined to include malfeasance, mis-
feasance, or nonfeasance in cifice, conviction for a felony, or a crime
- involving moral turpitude. Prior. to such removal the member shall
be entitled to receive a written statement of the reasons for such removal
and be granted a. hearing on such reasons before the City Commission.
Replacement of any member removed as herein provided, shall be in
the same manner as the original appointment, election or selection,
and for the remainder of the applicable term. For the initial appointment
of the Board, one of the members appointed by the City Manager and
one of the members elected by the municipal employees shall be for
a term of three years; one member appointed by the City Manager and
one member elected by the municipal employees shall be for a term '
, of two years, and the member selected by the four members shall be
appointed for a term of one year, each appointment to run from the
time of the appointment and until their successors are appointed and
qualified.
The civil service board, upon request of the personnel director, the •
City Manager, or upon its own initiative shall have the responsibility
of conducting public hearings on proposed deletions, modifications
or additions to personnel policies, and of providing advice and counsel
on all aspects of public personnel administration, including, but not
limited to, manpower utilization, manpower training, test validation,
employee compensation and employee grievances. Upon request by the
Civil Service Board, the City Commission may in its discretion provide
said board independent legal counsel.
All cases of employee grievances relating to discipline or problems of
job discrimination shall be heard by the hearing officer utilizing the
procedure set forth in. Section 2-38.
Section 2-38. Hearing Officer.
There shall be a hearing officer appointed by the Civil Service Board
from a list of not less than five (5) names established by the City
Commission for such purpose. In establishing a list for the hearing
officer position, the City Commission shall utilize qualification standards
similar to those used by the State of Florida Division of Administrative
Hearings. The City Commission shall have authority where permitted
by statute to contract with the State of Florida Division of Administrative
Hearings to provide a. hearing officer. The City Manager shall not
participate in any manner in the establishment of the-test for the position
of hearing- officer or in the selection of a hearing officer once the test
has been created.
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It shall be the duty of the hearing officer to represent the public interest
by reviewing employee appeals resulting from alleged adverse employer
action, including but not limited to violations of this ordinance or the
rules and regulations promulgated thereunder, unwarranted demotion,
dismissal or suspension. During such review, both the appealing employee
and the appointing authority or other persons whose action is being
reviewed shall have the right to be heard publicly, be represented by
a person of his choice, and to present evidentiary facts. At the hearing
of such appeals or grievances, technical rules of evidence shall not apply.
In conducting administrative hearings, the hearing officer shall have the
power to administer oaths, issue subpoenaes, compel the production of
books, papers and other documents and receive evidence. The hearing
officer, in the conduct of administrative hearings, shall utilize a
procedure si?r+41ar to that set out in Section 120. 57 (1), Florida Statutes,
and Section 120. 58, Florida Statutes.
All orders prepared by the hearing officer as a result of such hearing
or hearings shall conform with the requirements for such orders as
set out in Section 120. 59, Florida Statutes. The hearing officer shall
then transmit the proposed order composed of findings of fact and
conclusions to the civil service board. The civil service board may
adopt the recommended order prepared by the hearing officer as its
order and order a penalty consistent therewith. In its order the civil
service board may reject or modify the conclusions of law and
interpretations of ariTrin;strative rules contained in the proposed order
of the hearing officer, but may not reject or modify the findings of fact
unless the civil service board determines from a review of the complete
record and states with particularity that the findings of fact were
not based upon competent substantial evidence, or that the proceedings
upon which the findings were based did not comply with the essential
requirements of law. The language of this paragraph shall not be
construed to grant or otherwise permit the civil service board to reopen
any hearing or to commence taking or retaking any evidence or testimony.
Thereupon, within ten (10) days, the civil service board utilizing the
proposed order shall transmit together with a copy of the proposed order
its determination, including a determination tion of penalty to the City
Manager; provided, however, that the aforementioned penalty shall be
consistent with the factual findings of the hearing officer, and such
determination. will also conform with the requirements for such orders
set out in. Section 120. 57 (8) of the Florida Statutes.
Following receipt of the order prepared as provided in Section
120. 57 (8) of the Florida Statutes, and the penalty, such order and
penalty shall be considered a final order and the City Manager shall be
bound to accept the penalty, unless within five (5) days, the City
Manager shall seek further judicial review as set out herein.
Any party adversely affected shall have the right to have the administrative
proceeding reviewed by filing a Petition for Certiorari with the Circuit
Court of Pinellas County as provided by Rule 4. 1 of the Florida Rules
of Appellate Procedure.
Section 2-39. Political Activities.
(a) No City of Clearwater employee in the career service shall hold
office as a member of the City Commission of the City of Clearwater
while at the same time continuing as an employee of the City.
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(b) No employee or officer shall directly or indirectly coerce or attempt
to coerce or command any other officer or employee to pay, lend
or contribute any part of his salary, kickback any sum of money,
or anything else of value to any party, committee, organization,
agency, or person for political purposes.
(c) Nothing herein contained shall affect the right of the employee to
hold membership in, and support, a political party, to vote as
the employee chooses, to express opinions on all political subjects
and candidates, to maintain political neutrality, and to attend
• political meetings during the employee's off-duty hours; provided,
that no employee in the career service shall represent his opinion
on political subjects or candidates to be the opinion of or endorse-
ment by the City of Clearwater.
•
Section 2-40: Employee Organizations.
The City of Clearwater employees shall have the right to organize,
join and participate, or to refuse to organize, join and participate, in.
any employee organization freely and without fear of penalty or reprisal,
for the purpose of collective negotiation through representatives of their
own choosing on terms and conditions of employment. Nothing contained
in this section shall preclude the right of the employee from submitting
an appeal under the provisions of Section. 2-38.
Section 2-41. Unlawful Acts Prohibited.
(a) No person sha-11 make any false statement, certificate, mark,
rating or report with regard to any test, certification or appointment
made under any provision of this ordinance, or in any manner commit
or attempt to commit any fraud preventing the impartial execution of
this -ordinance and policies.
•
(b) No person s1, 11, directly or indirectly, give, render, pay, offer,
solicit, or accept any money, service or other valuable consideration
for any appointment, proposed appointment, promotion or proposed
promotion to, or any advantage in, a position in the career service.
(c) No employee of the personnel department, examiner, or other
person shall defeat, deceive or obstruct any person in his right to
examination, eligibility, certification or appointment under this
ordinance, or furnish to any person any special or secret information
for the purpose of affecting the rights or prospects of any person with
respect to employment in the career service.
Section 2-42. Penalties.
(a) Any person who wilfully violates any provision of this ordinance
shall be guilty of a misdemeanor of the second degree as defined
in. Section 775. 08 (Z) of the Florida Statutes and shall be subject
to imprisonment for a defi*+ite term not exceeding sixty (60) days,
as provided in Section 775. 082 (4) (b), Florida Statutes, or, a fine
not exceeding Five Hundred Dollars ($500. 00) as provided in.
Section 775. 083 (1) (e), Florida Statutes.
(b) Any person who is convicted of a misdemeanor as described in
subsection (a) of Section Z-42 shall, for a period of five (5) years,
be ineligible for appointment to or employment in a position of
the'City of Clearwater service, and if such person is an officer
or employee of the City of Clearwater, such person shall forfeit
the office or position.
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Section 2-43. Status of present employees.
(a) Employees holding positions in the career service for six (6)
months or more immediately prior to the adoption of this ordinance
shall be continued in their respective positions without further
examination, and shall be governed by this ordinance and shall
enjoy all rights and privileges herein until separated from their
positions as provided by law. Certified police and fire personnel
who have held positions as police officer and firefighter for
twelve (12) months or more immediately prior to the adoption of
this ordinance shall be continued in their respective positions without
further examination, and shall be governed by this ordinance and
shall enjoy all rights and privileges herein until separated from
their positions as provided by law. Those who shall have failed
to qualify as provided herein shall be dismissed from their positions
within thirty (30) days after establishment of an eligible list for
their respective positions. Nothing herein shall preclude the
reclassification or reallocation as provided by this ordinance of
any position held by any such incumbent.
(b) No pension benefits that have accrued to employees shall be
affected by this ordinance.
(c) All present wage rates, civil service rules and regulations,
procedures for employment and other City personnel policies
shall continue in force until changed or revised in the manner
provided in this ordinance.
Section 2. If any provision of this ordinance or of any policy, or order
thereunder of the application of such provision to any person or circumstances
shall be held invalid, the remainder of this ordinance and the application of such
provision of this ordinance or of such policy, or order to persons or circum-
stances other than those to which it is held invalid shall not be affected thereby.
Section 3. The City Commission shall have continuous power to amend
this ordinance; however, no such amendment shall become effective until and
unless it is ratified by a majority of the qualified electors of the City voting
either in a general election or in a special election called and held for the
purpose of ratification or rejection of the amendment.
Section 4. Schedule.
(a) This Ordinance containing a new Civil Service System shall take
effect as provided in Section 7 of this Ordinance.
(b) Unless and until the conditions for adoption set forth in Section
7 of this Ordinance are satisfied the Civil Service System as set forth in
Chapter 21153, Special Laws of Florida, 1941, as amended, shall remain
in full force and effect.
-8-
• •
(c) All present wage rates, civil service rules and regulations,
procedures and personnel policies not in conflict with this ordinance shall
continue in force until and unless repealed or otherwise revised in the manner
provided in this Ordinance or by other law.
(d) Within sixty (60) days following this ordinance becoming effective
as provided in Section 7, the City Manager shall designate the members he
wishes to serve on the Civil Service Board provided for by this ordinance,
and the municipal employees shall proceed to elect their members. The
four members so selected and elected shall then meet within the sixty (60)
day time period provided herein to select a fifth member.
(e) The Civil Service Board in existence immediately prior to the
time that this ordinance becomes fully effective shall continue to function
until a Board is selected in a manner consistent with this ordinance.
Section 5. (a) A special election for the purpose of voting on the
Civil Service System contained in this ordinance shall be conducted on the
second Tuesday in December, 1978.
(b) The question to appear on the referendum ballot shall be
as follows:
Shall Chapter 21153, Special Laws of Florida, 1941, as
amended, be further amended by Ordinance No. 1831 to create
a new civil service system dealing with the following:
Removal of department, division and agency heads from the
civil service; maintaining a civil service board; including
a hearing officer to conduct employee disciplinary and grievance
hearings; permissible political activities of civil service
employees; allowing civil service employees to join and
participate in employee organizations; continuing the civil service
status of present employees; and a referendum requirement on
all future changes beyond Ordinance No. 1831?
FOR AGAINST
Section 6. Notice of the proposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166. 041, Florida Statutes.
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Section 7. This Ordinance shall become effective immediately upon
• its final passage and adoption and if such Civil Service System is approved
by a majority of the electors voting in a referendum on the issue at a valid
special election called for such purpose to be conducted in the City of Clearwater,
Florida, and upon the filing of this ordinance with the Secretary of State.
PASSED ON FIRST READING September 21, 1978
PASSED ON SECOND AND FINAL
READING AND ADOPTED October 5, 1978
/s/ Charles F. LeCher
Mayor-Commissioner
Attest:
/s/ Lucille. Williams
City Clerk
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