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18311 ,L • 1 R? 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. 's ` -1- ?#e 77= 7. ].4/5/78 ??-- i 14 • •: is"''r' :!; .fir Fti ???a?' ' in t i r 1 t I t I i i } f t i a `s I E e S i , •t r ? t - r4 (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. _ Vr iM i 9 i aW w ?"•'i"t~w3 ?i•.?r ;-,'?4X i // +1?.^*4 ;*r'!ia?P{itr???t?w•IRl2!"! art. ^"' 1111110 111111111111111qII;I01111 . 4.: 1`'jk9Sly II -I go, „": ??. s?.. S+•,-nTlJlS>4? .. .i.'. r ,..7 '3-` .•. ,},. 7 ?. 1• F . <.. ,j,''3?f '3 .i?' •5 `. x- a `•tx" ' ?.11 .if'' - of .'?i :• •t?•??t .? 13`? "?ypb?SespiF:sstlr.?+.?; [} ?g`y ? 3?:' ?.?, ,. .: .,-,?:Y' ?'.'? ?, 5' f ° elf.- •{?F+?:. vj..:••1. ?yiJ''I??i3li?1i?lYtt`JL. Pik; ,.. ?5..etY??'f:•'t.b:.?X3°LY .?7c::x?"L. ?[rk•l r. •c.... :a1... .e: "6r^.?x_y?t i•: r.',•. .:.r:.. ia.-:?:i^: L'. .: ?..??'IY .eri?rCYrY3?l:as /??1?5'i? '3..ry??l'?f? i a ,.a- Sa...r; :::.,.?.GP.R,ka..i• i??ii•? ?•.»"s •?. Lr:??' Y `1 -` P k. Ash j'_ . 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 r` s uecossary or desirable to carry out the purposes and • provisions of this ordinance. 7 aM: •f 'fit! C f,'? ?,.,"•T::r-- . (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 ' i • (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 y,; appointment and promotion, upon which lists shall be placed C . the names of successful candidates. 3'• ?ql Syr.', 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., J ""Ord-!°'1831 17 77, .b1'a"';'?:?,' c 4t .'y, 't I ?.; o 5 r_.. __, _..?,_..rF?. •. .,k:?. _ !.,?w'_i?u'3:'_..Sa:a,.:;..sK?s+itv:e? :;??..a_. _-4'...?:a•t?-b4d?t?:L?.?id.?'?_4,tiS'a?rtlYu::ii?.?.r ?Fl?r { , -,r•f.rw.wJ?++••••+•? f.. J....•r.-?- -_ _nwr.w-r..-..f... ?... ... •.r ... w. ..J .. _. _......• __'; •_ _ _..•yy •-. ?.. ? .. r.• .. r>_. rn _..:QJ w , I 1 r 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. i (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. t ' (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. I (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. . 'i •4- qfC1 10 -5 78 11 7 I? + P41 1 i a I ' .s i i , ?{t?!Xt,??u!5,,"",krt??ter"?'•";?r,??:??}:?`Py;'"?<'^'?'",.''`uq?"'`•Y?'`?R'"r*K?ntl; S b I lx-??'"N_s't.:' J` r+q'? f' `, k=:': s`,1`' ?E? •; ';f'4 • '?c l' ??• ? ?f'h• f•elJx! fi.i ?'PL(?g6i)^{i..; 3? l yy\ r!4 yy.?TT?{4r1;?:„4?F[T•, s.SYCirrPs L4!? '?€? rtr t"? F.Nt •.C•?. ?y{y`Y. '?I, ?:h?•? y? >t 3`1' •A yl•µ rL. p r?F{'C eNJJ}fi ?F...?:n;•?t?'?r'y: ±?'Zt'!••y ..i ?1j•1, x' y ?.iy'?7tFYi'.':'xit'?.'•'?4:5?•,'Yf•••L•'i iYr:tti 5{ e. ?'17z';y=;? 1?ai ?,°?ri:•,: ?. 9r4,Y.?; ,ii,. .. ?} 1t?a 3•?nY .?''r ?"7:.'al1:'":f.' .? ?,'y?._:.?ar;.;ii'r :i n.. Ci`?. d}ar ?•• f; 3''. i..»?,c'?l. 1' rv? y r yci ? d ?t "'i.''l Vii} 3i , ar, •I ? k; ';.?'.v #`'. ;t. ..;•?,i^=!,kr'+^r'f2s`rA?°?`,`[. .. .. •-°;j :'f.i?'ti.t-.?...;..?.t?,_-.: p [?., I I ' I 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$cations or additions to per'so=el policies, and of providing advice and counsel on all aspecL•s of public personnel administration, including, but not limitad to, manpower utilization, manpower training, test validation, amployae compensation and employee grievances. Upon request by the Civil Service Board, the City Commission may in its discretion provide said board independent legal counsel. s All cases of employee grievances relating to discipline or problems of job discrizainatiOn shall be heard by the hearing officer utilizing the -Y r procedure set forth in Section Z-38. 1 Section Z-38. Hearing Officer. There sha .1 be a hearing officer appointed by the Civil Service Board from a list of not less than five (S) names established by the City Commission for such purpose. In establishing a list for the hearing officer position, the City Commission shall utilize qualification standards t similar to those used by the State of Florida Division of Administrative Hearittga. The City Commission: shall have authority where permitted by statute to contract with the State of Florida Division of Administrative i Hearings to provide a hearing officer. The City Manager shall not participate in any manner in the establishment of -the -test for the position of hearing- officer or in the selection of a hearing officer once the test has been created. T81i' "0 r / -78 . j e ? .y , "try 740 xl? ?r. 1 Ll? !21 aW • t,. :?cCY Yy',i???`1i?•!?K".,'S'?"{,`??(r'1?!!B±jC •'r;..; t•>. ,„"?•s'Zvi:°?..!3ww?7,y"?eyS'a'?'•C,., vrA;n,r`.`nfSrsR?p'-R•h., .w •?it.:?rre.1' 'a,c.(trvP'?y?E$?»?tt. +'t•'f?'•'WE+. L4s!s?r?_._p 3 :s? I:r....41.:_ft.,.__.1:t, ,.,'u=, 1.;, ??nsszt•:.i..<...a ,;t': r+:7a'._.. MI "'? - ',•? ' '•`?: ?. - •,r.,. -' .,y ..- j• : F:..,,;7?;°'? `•?. '.' h''M;5?;•4=, ???", ra?y3 i'? 5?,'a a- r -f rps•c. ' • ?"'.w,??.M 1f` ?.i.• ••. •1 ??••. rl . ? Aj • 'F?': tin' L ••?.? ?'•i?w.YrrW 'Y, 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 ;rel. t1?(C( ?;,r?,?. ?.y?? r"?- •.? ? 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. I , j, r -6- 0 '1831- --- '.10/5/78, M' e r, (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. E i i r 1 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. ore. l,s i, • ' j? .. .10/5/70 ??l•y ?,?, F` .?; _ _ •.. .ice...... .,.: - ta:ar?;• „z3'?x••?'??^n•a;?:? , .•7;v. ?•y` ' .s?s'?;!:Lh?; i?,F'i?.'"a ?'?'•sr?,??"r. w`? , <.. _, . « ?:• •?:::??i??'?5?:,?4i? iu ?:'.fr.,.,..,?. , .;;` yif?.`+'.:F.'??.ys?n4.,;1..°3 ti'?,?,?: ?zt ,?.k:',S.c?:? ?.?.4? , ...e-,1,?,•?`; r?'`r??x"r?fi'i'" "??;{?-.'';.? :???,y.av.:k?:_r,.ny?}'t%'.?'tf,;'` Ynt" -7- l n / 5 e •w ..•- - YS ? .i'.1"`µ '?. a t ?•y.. f\? i ?.. . 1 / . Ya { e I ...r ?", s? +i "F 1 `x ?. ;ti?isKyf ?4 ys r r?''?I?:?"i-v1 , .'>^ 4ry; ,, 4? ";+,r `i _,...'?.•A s.fSe 1?,'???,?.sa,, .r .mss ?,` ?' s S••r. E d t `? ' i fir' G #th,.. N i" ,y "_h"" a,. r .", 1 _ CF, g. ?;, ;:,s?t?r '?? ?c:•r4 ???^" .•. by y??.?,,lc?.`' +?' 3d"'?f" .g€ • + t?.P+ ?a'i& k + „?J?+?x +, sk k??3'??*«"?c}?,t`? t,+.::... r1:,.?..=' '? f"i. ?. t,:.i r, ?? y?'Sb? :v(k':'.?`K!!,•` f 1'?7 *^?j.?"???f, ty? ??? =0 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 I y•, w j, E?:.., 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 ?''•. .; -10- - 18 'r f,_• .. ,? ...?.•- , -+"•' - ?tl-:. ,Ty,.r .. ...?;,- .£",-':?{"\4 "rsy lam' :K :n { ? •? -? .. .. 5 .? • t ? 1 ? _ 'J' a., . .. :.l: ?. , .. _ _.?df:;':m6` . iE.:,.her.3.?.:?,.......?C;r. .t.-'._ e'er' C'.r.??.??.?, '"'.dr;i ..•?F?..=.i r•a;..1`?`• ? idll"+n `?•-e fi7 r? 1 ?-p ?g{25,?; 347F7 i1 ,y t j:lr`+f gT - ?4?°.•. Q; :? ) e!4{,: &\r?. ? ?...;?' ? ^? { t• 1 irJ7 ?f?_$?T rat .d8.. 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I. ?y'lr<i .F f? • Yc .? Fr 4C f?E :" IX ,??ie !'.fe, r! .. .i'' .' r'i •yt•'?.l? 1'?'5...,tgL'.'a': e. ;i?tx. 3??""',`???TY??..:.r.. ;'J' ' .. .. - •VS n.ll^•,?,Li •y?!r:si`?1Y ?,' _ vt'?i`C.I.,? R:r° ,'r;9?e ?• si'? ."• `.' _ + ``j'' C. ?I' s? '?i;s+u_; .^,t'o ,?.•?r,'F`,. }; .b.• ?,F' .. - -y+; •?'f•+•.1Ft ?q ?J ??;`,?;, ! i?q'?J,`s`.i •'. :.s• '?". .`, r .. ,f. .•.;'?? ?'-?.ifLr'•''••`yell.l?ii'"f. ,?'a1??.???.s{1?,3uY ??°: ,:`r'? - ,,. '?:., n.`??*'? v'-" ''' =;,,: ' •."?? r??' sf??r ???"xiD?. 1l3Lfiffiih`?fe>w0.4?Sryw+a...vr•..rw.. b..?.n••«.w.. ... ....._. .....?..? ., ... .... ..... ... ?.......,.e,•..s_.a.i_.:«r.a.,.,:J`.,.w.w;rrn ?,:l:r?1i.P???'rt'SC7.3'? r S?: -'?ff?•'s f••r`" ff •-' '. F,.?,? '- ?'? ', i°'3?, • rM. Psi' ?+: il'(^?-: . • r?F:r3Ciy.4r:4i • 4'????•??w'j?'?tt'-a?3't?:SL?sr?''r• k? a P f' 'Notice UE Passage t 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$25 COI'y4TYOSPIN1LLAS, : %4$.-116. ...?..k7 rr....a, .pp....d 3--ws. ZAA...s... rtl r1. IM. A.. AN ORDINANCE REPr UANG ORDINANCE NO. ITTT IN Y r 0.h .1 A. CI--w s.ti. ?T I I PM'6a .iOrrwaw 1. F1..r.. c-qEN771SLTY• VACATING A CERTAIN -ALLEY' If . { . CO ITS ACTIMAN HEIGHTS WEDIVISIOH REVISED, MZL- i Ii.11M.wW M"-1.4..r6+... 6Wi t•.•••••••••••••••••••••••••••••••••••• ALAS COUNTY FLORIDA: PROYMIM FOR PR[JM M j A..RHR1;,1A* ............................... ....kllnr+..f %TT{CgL' Y6DA ORDOTROVI IN •r H0.t1a* .Cf. P sflk40 Al CLdStuncaa....?F1 .................. S}wrsy TrL OPJXNA MNO um, ,j J4 ................................................ AN'OIDMA= AMZNIDl7I0a;mm rrY'MLRTZR. nAnmX -MCI, AS RAPM LA Iv16r ........................ Y=... ..... ..........CKi4,+r pYidI' ED. F TOTIRPR?AYED.LFOOR?T? kkWFN=OFrOFr IY } e T. OLTLR.IUR'S}!tF'ORYOF THE ............................ . MY, FOIdITHETHE DI oISIRISUTIATr Or PAwERS. r= FOR THS ' TEARS OF ELECTED (IMa S AND THEIR bLul mt ....... ........................................... . 'OT EMENTLECTION. PROVIDING IFOR' A REFERZSNDUM r 1EILL"T10N REIJIIINO TO SUCH CHAAP'R; TO PRO. mr6.i I-h- r EMT 0. rV G- *.. r. wggr l•1+•1i•? .1 ar...rl L rY .VIDE-FOR THE SEPARARUM Or 7H'--,t1RDYIS M: 1't.rr.. r -.y, Tl.de -41%.1 rM rY rwppr i.. I+r...... M.....,tl......lf i v..i? HEREOF I TO PROVSDC FOR PIW"n txmm or rRo..' Pl w.. c-,y. r1..H., -I. M} .M 1.- ?...-a r.wwi d1....rr r?.111,. rrl M11. M ; P05M ENACTMENT'. AND TO PSOVIDL rAR THE M' ' S nrrWR',DATE OI'•THTS ORDINAZICI 41M ....rd mr'1 .1.I...irrr.u ...I .tt1..1 I...A....„ .6m .M W r1L.r PROVAL At RZFKRTXM5L ? • . ? '• ? 3 ••7M'?p.r...arr..i.r ..r ?,.....L r+kww ..r rN..,r I. lf. rr}r.. y+..ry .,.' •.i:i„ ?.! ORDINANCE NO.ILTI •'.•:•e :•"'.`? r..... .w..+1?F.w.•+.•I.I?..??+r..r•r*. i:iARrORDDfANCE or THE C" Or,axmwam ,+ • •FfAR?nA. AY"DM CHAPTER UM S'E= LAW9 O! ? FLOPMA. IMI.-AS.AMLNDEM.T0MAE= A rfcF.'%?.{1' r ` KJ c ti< X=XM Or=M.SERVICE ADMINISTRATION: IO M i , /• ;•,••• •••?`:"r`"""'•""•"•••"•"'•" 'I'M ARMOVI.SERVIMTAESTAELISSAPM. /.... r..1..6w.W Mrs... ?? 801IM.DEPART7OMR AND ESTAELLRI M DLrrM& / rllTUr TitM nttr to nnris it uyy Tp RSTAELIYI CIVIL SClY1CC BOARD AND rROY[Dt Tfr...3 0.th.... .t L4HSAS,, .,rta 1l7Q w rwwnuw unvs Nit •r M • TRI•M'OIM1IX(! Or T'8 WXMERS AND W }' iris twY i?i.u ,.L .wi.rtpl}r' OUTZtt^TO MY1Di FOR A HRARM I, i Nor f•WII?CTRt• TOUT FUR111 POMCAL ACTTYITm PRO. . `SEAN 1 *WERTLDy,iTQ. E7T1fn.[M UNI.AttrUC ACTf•PR4• .;.: ?IIHIEFTIGIL?TB PROVIDE pl;tAL71IIS'•/TIR VN71.S7TORR'`{ Cy-]09 C??.ra.?r.n.elwrrr xt• wir,er'an1? t1r ?R!@ff • , . .•19PROYAL`AT RLrCICNWIf.:. - 1=Y=.?"'4 ?•: •'.,;-: • ^ rASSED aN rrrar• READING. ?: nTSr- -. rASEtD Ott SLCasD AND. rITUL.REAOIm. A1ID"'? +•`'?'•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- THAT FTT " ngM'ARE.NONAS6T0NAn NIWYIDE NOR :AND SREMP'T rROM-PROCEU. T( r FORrETTURE I1POK CONY cnoN OF rE DHRY. TO PRO. ; .'V= DMAHIJTY PENSION OUAUFICATIG!(f; TO PM I 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. 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'+? ???2. e-?rc.rt., .,?_`F'?7,: _ • e- .c,?,,.?,,i?^•?4t_.('. i,i:d "d-•::,. _ ;T.,S• :_3.# .*; - e-r-:r k °•?I ;T' a 2""}` rt'Ld?'# r - r-3 F 43?6^?rV'¢; ?,5.,5y.,3,?.Ti}, +LSI??S' Sd'•'~ i?r,"i'4fY gE '?r b,1 kw?,?L.i;r?.i-?rl..).sl':1,1:: irY?''.k. .74 ?['?r •1 .tl•ri 'r?r'1V4 ', S.' 7'. f i'}?? ,?i?} .vs s.`. •s':si: `.?e:'; i'x '`t-x. t°?"'.i';.:'.:?'' .I":' .i, 'l' ;:;.;, ,}•"s': }5 . l7,u t-:?:,ea:;e'-ar :3 a.? eirs. •l It}ax:fJo '1'`? !v Y ? ?+'? .sx' li...r A3 •:°i ?^"=!'., °{>??' *'.rCr;r•'.l br??::S\I?• , J;?,._ ,'t.' ?.Fi:"`.?: .C p'.'Y': -.?;J;; ..c +2 .? ?P%°Sr?-y5`?is? ?' •`?13 rir„ .- sl. i? c ..t.s Z'-?'_?. •a S.s-?r? -.i .•A. r.::,^=1:'t :=.'? .?pp>??..3 '3• ?? ??:-?rL? rr 7 ,.'x?:r '?'' 1At ?? .} ?:r : :''':'.iiiM "+_,.??. :.,x{s=:r,*i':;?.. eel: •, _ - .t,:?, +;?t4i4'i•:,iex,.e?t^`i'r-. ;i;<A, ?a' ? ? .,? y ,r [,:??.yyt?r- YS -s«7's.c . ;?(. _?' :.t.. n 'ji: s'r. • ?..`- "`•_' "j,'. ;'y''"•y'? ,: t '?t• r?a, :r., ,'?r ?d •'?` r%.", .f "r rL,??y?.{..y ?.' ',{ S"??i;'.. !^s' .-," .;; r ;'t d • - -L•.tL .');;r' t .r'i•;+ !L;;? Y 5 i 5• .A 'r .1 '? , .•'! • 1:! •i i - C. k'rt. ", qq ..F :+.T4 q R , i +•. ? ?^ S ??• W:1 ?Pr:' 4'1 .. f:: L z ??S?i .lkf r1' .. 'v,. ',?R: ti'r;. 'r.°." ?'t •z-r<md,?•'" 1i• ?t." .x. .sal ? ;4 3?- .!4 T' ? ak t .r "}'-., •r •'I• ?r :?i`,"'?€,i ..t `. ? ??.i,. ,.?1 r 4 !? ? •?ky?. ??r`{.??' .?'?7t '•??,• +?. ':)r '??' ? ?}' .ii1::;1'? =?.}e ?i:,I ?;4i ... .•.rr 4i.,?.W f. Y' }.q? 'iSS .i..s.?zrvl?,?''?3 1t5 ,?., i; i - : i' :"1•p •fi- ?'3?,,1' ..'?.i' ,'"t5 ,rL,:? ?F ?f•?E,y+. _^, r (.4 1 .. . "1 + '. t.F i.'°L,.•. „ ,1, ?! Y,. v.tl, a[.z .a r' 'SS, ':,: •r ;??;;- 1--.:t".'M l,g.:? is .?' y? a i 14 l,St' .5 x.. S• r 't1 ?t?.. i, ,, d#.:4 ` - •' _ .,. .;ripe .K ?z. :s• `,,a? jj .. ,: 1. `.ti <?'•Y,}?''( ?71 t'?}„.fitt<.sr5'r?kn r7 .s. l r ry t TSjr nx?J ?,cl(y?'fF?..T.?)••. .<'• - .. -[.,+.i?t, :.j' i??:':+n?,a•?};:. M -,0 r i?. <•'.!1;:, + __ °. ,l •° .;??;?...:::?.,r,-:??.>:;?:?':.L:..rw._? _.?..ey..`......, >`.,? .(.{.? ..,.. . • ...... ??u4?4? yr "i?ropase ?.; .y i e?AJLta.I1 Pabll¦bedDa3y ,,,• ? •r. ' tment Of Ordinanees.- r Ena Crater. Pinellas Cavaty, Florlda c r r. ? ; Clearwater City Cof-nilon. Meeting r_S; -1978, j' AS F PLVE[ I ' C i Ha ll: ty Commission Meeting Room be innin at 9:30 A M s.:• ' . . : U. .1 Y O . g . . g ' "' W'"" eis tsrss¦lxxad a¦tbortq v.,..*g7 appet)rcd Ro.awsi. Zsbier, *? on oath .¦y$ eist she S ,I d, 1817 *,• 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 Vice Ordinar?r t,,, ,,., X9 AMENDED, TOPROVWEFORTHEEXjSTENCEOF?lE; s p ( i t" ` ' .... . .. . . a .......................... .. ......... • T830 i83i 183 Ord >CITY, OF CLEARWATER, FOR THE FORM OF GOVERN." r^ ? . , ,. . ............................................. . . . . . ...... . .... • . ?. 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 P 4, { '1 S • • • • 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. -1- (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. -2- • • (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. • -4- 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. -5- 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. -6- (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. -7- - ._ • 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. -9- 1 ♦ • • 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 -10-