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CSB ag & mins & misc 1983MINUTES OF THE CIVIL SERVICE BOARD MEETING AUGUST 5, 1983 MEMBERS PRESENT: Chairman, Dr. John F. Darby Secretary, Dr. Luis M. Perez Gordon Frederick Bill McQuatters MEMBERS ABSENT: Mr. Donald Jones I ALSO PRESENT: W. E. "Pete" Knowles, City Manager Steve Harriett, Asst. City Manager Francie Wynalda, Personnel Officer Rosa Rotundo, Finance Dept. Jan Stuart, Finance Dept. Mildred Carver, Finance Dept. Chairman Darby opened the meeting at 8:05 P.M., Thursday, August 4, 1983. There was a quorum in attendance. The Meeting was held in the City Manager's Conference Room, Sanford City Hall. OLD BUSINESS: The Chairman called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, May 5, 1983. Dr. Luis Perez moved that the minutes of the last meeting of May 5, 1983 be accepted and approved as mailed. Motion seconded by Bill McQuatters. Motion carried. Board discussion of Rules & Regulations numbers 21 and 24. Mr. Frederick presented his proposed amendment to be added to paragraph 1 of Rule 24 as follows: Cumulative acts of an employee constituting failure to perform his duties in a proper manner may, if no other disciplinary action has been taken, be incorporated in disciplinary pro- ceedings brought within ninety (90) days from any act relied upon and set forth in such charge. All acts relied upon in such charge shallbe set forth with particularity as to date, time, place and the specific acts constituting the charge. No act more than ninety (90) days remote may be relied upon in any charges brought against any employee. Discussion followed on the above amendment as to clarification and intent of the wording. This amendment was to be added after paragraph 1 of Rule 24. ..1 Civil Service Board Minutes Page 2 August 4, 1983 Motion was then made to amend the first paragraph of Rule 24 as follows: The appointing authority may suspend a classified employee only for cause, for a period not to exceed thirty (30) calendar days. The appointing authority may dismiss any classified'empl- oyee only for cause. Prior to suspension or dismissal, the appointing authority shall furnish the employee, the Personnel Officer and the City Manager, a detailed written statement of the charges for suspension or dismissal. Said charges for suspension or dismissal shall be restricted to actions occurring within thirty (30) days from the date of filing of the papers of intent. Nothing in this section shall preclude the appointing authority from taking disciplinary action against classified employees for cumulation of offenses of violations of rules and regulations. Motion by Gordon Frederick, and seconded by Dr. Perez that the above amendment be included in the Civil Service Rules and Regulations, Rule 24, paragraph 1 as specified above. The Board then returned to prior discussion of adding the follow- ing amendment to Rule 24, paragraph 1, with further revision as underlined: Cumulative acts of an employee constituting failure to perform his duties in a proper manner mav, if no reprimand or other disciplinary action has been taken, be incorporated in disciplinary proceedings brought within ninety (90) days from any act relied upon and set forth in such charge. All acts relied upon in such charge shall be set forth with particularity as to date, time, place and the specific acts constituting the charge. No act more than ninety (90) days remote may be relied.upon in any charges brought against any employee, but may be considered in deciding proper punishment. Motion made by Gordon Frederick that this finalized amendment be added to the end of Rule 24- paragraph 1 as a new paragraph. Seconded by Dr. Perez. Gordon Frederick and Dr. Perez voted that the motion be passed, Bill McQuatters voted to abstain and Chairman Darby did not vote. The Board then reviewed personnel transactions from May 5, 1983 to August 4, 1983 and certified them accordingly. There being no further business before the Board, the Chairman adjourned the meeting at 10:00 P.M., August 4, 1983 upon receiving a motion from Bill McQuatters and a second from Dr. Perez. Motion carried. EQUAL PROTECTION DR. JOHN F.:ARBY CIVIL SERVICE 130ARD CHAIRMI.% DONALD R..QNES OF THE SECRETACY 9z CITY OF SANFORD LUIS M.PU ;EZ SANFORD. FLORIDA 32771 BILL McOUA ;TERS EMPLOYER - EMPLOYEE GORDON FRE :ERICK .-FOR BULLETIN BOARD POSTING- To: All Civil Service Employees From:. Christy Johnson, Civil Service Secretary Date: June 15, 1983 Subj: Notice of rescheduling of Hearing Please be advised that the hearing on Bernard T. Mitchell has been rescheduled from Wednesday, June 15, 1983 to Tuesday, June 28, 1983 at 8:00 P.M. in the City Commission Chambers, Room 117, City Hall, Sanford, Florida. EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE I30API) CHAIRMAN DONALD R. JONES OF THE SECRETARY zi CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 32771 BILL McQUATTERS EMPLOYER-EMPLOYEE GdRDON FREDERICK MINUTES OF THE CIVIL SERVICE BOARD MEETING May 5, 1983 MEMBERS PRESENT: Chairman, Dr. John F. Darby Secretary, Donald Jones Gordon Frederick Bill McQuatters Members Absent: Dr. Luis M. -Perez Also Present: Steve Harriett, Asst. City Manager Francie Wynalda, Personnel Officer Rosa Rotundo, Finance Dept. Jan Stuart, Finance Dept. Diane Smith,Finance Dept. Chairman Darby opened the meeting at 8:05 P.M. Thursday, May 5, 1983. There was a quorum in attendance. The meeting was held in the City Manager's Conference Room, Sanford City Hall. Old Business: The Chairman called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, April 7, 1983. Gordon Frederick moved that the minutes of the Civil Service Board meeting of April 7, 1983 be accepted and approved as mailed. Motion_ seconded by sill McQuatters. Item #2 on the agenda was the discussion of Civil Service Rules and Regulations, Rule 21, Rule 24 and Rule 31. Words struck through were deleted, words underlined were added as follows. Board discussion of Rule 21, item (1). Motion was made to amend as follows: The employee has eeritta�- are- aelr- wkek- *�ie�aes %e -era- awe -e- eke - Sae- e- ��e�a - ® -kas been convicted of a felony, or of a misdemeanor involving moral turpitude. Motion made to amend by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (4). Motion was made to amend item 4 as follows: The employee has willfully violated any lawful Page 2 Civil Service Board Meeting Minutes May 5, 1983 official regulation or order or failed to obey any proper direction made and given by a superior officer. Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (6). Motion was made that item 6 be stricken from the Rules and Regulations: Tke- empleyes- kas Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (8). Motion was made that item 8 be stricken from the Rules and Regulations: Wke- empleyee Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (9). Motion was made that item 9 be stricken from the Rules and Regulations: The- etapleyee Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21 that an amendment be made to this Rule to allow disciplinary action to betaken against employees who are repeated cf fenders of rules and regulations. Motion was made by Bill McQuatters and seconded by Dr. Darby that the City Manager's staff and Gordon Frederick each make separate proposals on how this amendment should be worded and present these proposals at the next regularly scheduled Board meeting. Motion carried. Board discussion of Rule 24, paragraph 1. Motion was made to amend paragraph 1 as follows: The appointing authority may suspend an employee with status only for cause, for a period not to exceed thirty (30) calendar days. The appointing authority may dismiss any employee with status only for cause. Prior to suspension or dismissal, the appointing authority shall furnish the employee, the Personnel Office and the City Manager, a detailed written statement of the charges for suspension or dismissal. Said charges for suspension or dismissal shall be restricted to actions occurring within thirty (30) days prior to the date of the written statement, Page 3 Civil Service Board Meeting Minutes May 5, 1983 ege� -e- sad- �e�aeas: Nothing in this section shall preclude the appointing authority from taking disciplinary action against classified employees for cumulation of offenses of violations of rules and regulations. This statement shall include the alleged offenses, the dates of alleged offenses, the City of Sanford Personnel Rules and Regulations or Civil Service Rules that have been violated and all necessary data. Motion made by Gordon Frederick, seconded by Donald Jones. Motion passed. C,intinued Board discussion of Rule 24; motion made by Gordon Frederick, seconded by Dr. Darby to rewrite the "Demotion Section" for clarity and also to re- number the entire Rule 24. Chairman Darby made a motion that throughout the Rules and Regulations wherever the word "status" is used, it should be replaced with the word "classified ". This is referring to employees who are classified, or who have met the probationary period. Seconded by Bill McQuatters, motion carried. Board discussion was given to Rule 31. Dr. Darby made a motion that the Employee Election Committee and Nominating Committee be combined under the following guidelines: Employees from each of the seven (7) departments in the City will appoint a person to sit,on the Nominating Committee. Each department is to be assigned a number. Even numbered departments will appoint representatives on the even numbered years, and odd numbered departments will appoint members on odd numbered years. The purpose being to rotate the Nominating Committee among all civil service employees. The departments are numbered as follows: 1. All Staff Offices 5. Public Works Dept. 2. Finance Dept. 6. Recn. & Parks Dept. 3. Police Dept. 7. Utility Dept. 4. Fire Dept. Page 4 Civil Service Board Meeting Minutes May 5, 1983 The Civil Service Board reviews the 7 names and authorizes them as the Nominating Committee (unless they find a name unacceptable and ask for a substitute). The two Board members that are appointed by the City Commission then appoint from the 7 employees, an Election Committee of a Clerk and 3 Inspectors whose responsibility will be to assure that all nominated candidates for positions on the Civil Service Board shall meet election requirements as set forth in the Civil Service Rules and Regulations /Act and they shall super- vise the election, count votes, and certify the results of the election to the City Clerk. The Board requested that this revision of Rule 31 be incorporated into the Rules and Regulations. There being no further business before the Board, the Chairman adjourned the meeting at 10:00 P.M. May 5, 1983 upon receiving a motion from Gordon Frederick and a second from Donald Jones. Motion carried. Minutes of Board Meeting April 7, 1983 Members Present: Chairman, Dr. John F. Darby Secretary, Donald Jones Gordon Frederick Bill McQuatters Members Absent: Dr. Luis M. Perez Also Present: Steve Harriett, Asst. City Mgr. Francie Wynalda, Personnel Officer Bill Bernosky, Police Sergeant Larry Helman, F3-re Lieutenant Rosa Rotundo, Finance Dept. Mildred Carver, Finance Dept. Jan Stuart, Finance Dept. Diane Smith, Finance Dept. Secretary Donald Jones opened the meeting at 8:25 PM Thursday, April 7, 1983 in the absence of the Chairman who arrived later. There was a quorum in attendance. The meeting was held in the City Manager's Conference Room, Sanford City Hall. Old Business: The Secretary called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, March 10, 1983. Gordon Frederick moved that the minutes of the Civil Service Board meeting re: the Bernard T. Mitchell Hearing held Thursday, March 10, 1983 be accepted and approved as mailed. Motion seconded by Bill McQuatters. Item #2 on the agenda was a discussion of the revised Civil Service Rules and Regulations adopted October 7, 1982. Mrs. Janet Stuart opened the discussion by asking why the term "Personnel Board" was used in several instances throughout the rules and regulations instead of the term Civil Service Board. Steve Harriett stated that this was a typographical error and all such wording would be corrected to read Civil Service Board. Civil Service Board Meeting Minutes of April 7, 1983 Page 2 of 4 Motion made by Gordon Frederick that the Rules of the Civil Service Board be reviewed and that all places where "Personnel Board" is noted will be amended to Civil Service Board. Motion seconded by Bill McQuatters. Motion carried. RULE 9:PROBATION Mrs. Stuart also asked why the phrase "-if such a position is available" was added to Rule 9, paragraph 1, page 6. After discussion a motion was made by Gordon Frederick that this phrase be deleted from the rule. Seconded by Donald Jones. Motion Carried. RULE 18: PROMOTIONS Discussion continued to Rule 18, page 10, paragraph 2 (a), Methods of Promotion. The phrase "on the basis" should be deleted from this rule. Motion made by Gordon Frederick, seconded by Donald Jones. Motion Carried. RULE 21: CAUSES FOR SUSPENSION, DEMOTION OR DISMISSAL Mrs. Jan Stuart requested that the Board consider striking Rules 21 -24 from the adopted Rules and Regulations because they were not a part of the old Rules and Regulations and she saw no need for them to be included. Dismissal is covered in the Civil Service Act, Sections 33 -35. A lengthy discussion followed. Francie Wynalda stated that these were added to the Board's Rules and Regulations at the .request of the Board so that the City's Personnel Rules and Regulations and those of the Civil Service Board would be in keeping with each other and not in conflict. The Act gives few specifics as to what are causes for disciplinary action; in past meetings the Board favored putting these reasons in writing so that employees would be aware of these requirements. Motion made by Gordon Frederick to make the discussion of Rules 21 -24 a special order of business at the next Board meeting so that the Board could read and study them more closely. RULE 25: RIGHT OF APPEAL FOLLOWING OUTCOME OF PRE- DETERM. HEARING Rule 25 Right of Appeal was discussed and it was requested that there be a clarification as to pre- determination hearings. Since these hearings are held by the City Hearing Officer,* it was suggested that the heading be changed to read "Right of Appeal To The Civil Service Board" and that the first sentence in paragraph 1 read: Following the outcome of a pre - determination hearing by the City's Hearing Officer, any classified employee has the right, within 10 days after receipt of notice of his dismissal, suspension, demotion or transfer to appeal to the CSB. Civil Service Board Meeting Minutes of April 7, 1983 Page 3 of 4 Motion was made by Gordon Frederick to amend as suggested. Seconded by Bill McQuatters. Motion carried. RULE 31: E14- PLOYEE ELECTIONS Pata. 1 Employee Elections_ is to be modified to read "Civil Service Employee Elections ". This is to be added to the heading and to the first sentence. Motion made by Gordon Frederick to amend. Seconded by Dr. Darby. Motion Carried. Para. 7, Duties of _the_ Civ_. Ser. . Bd . Emp,loyee Elect. C_o_m_m_itt_e_e_ There was discussion or question between the Civil Service Act and the Rules and Regulations on the makeup /membership of the election committee. Mrs. Stuart pointed out that the Act requires the committee be made up of 3 inspectors and a clerk. The Act however, does not require that these _four positions be rotated among,all city civil service employees. In the October 7, 1982 Board meeting there was discussion in reference to rotating the election committee members within each department—Each department was given a number from 1 -7. Even numbered departments would change representatives on even number years; odd numbered departments on odd numbered years. Dept. representatives could not serve on the committee more than two consecutive years. Depts. were assigned the following numbers: 1 All Staff Offices; 2 Finance Dept; 3 Police Dept; 4 Fire Dept; 5 Public Works Dept; 6 Recreation & Parks Dept; 7 Utility Dept. During the October 7 meeting, this policy was adopted by motion of Dr. Perez and seconded by Dr.-Darby- Motion. carried. The Board then tabled discussion of the duties of the Civil Service Board Employee Election Committee until the next regular Board meeting. Item 2 on the agenda under "New Business" dealt with the adoption of the new Public Safety application blank for Police Officer and Firefighter candidates. Mr. Gordon Frederick questioned why it was the Boards' responsibility to approve the employment application forms. Steve Harriett advised the Board that the application form or blank had to be furnished by the Civil Service Board as required under Rule 5, part. graph- (d) of the Civil Service Board Rules and Regulations. That the city staff in cooperation with the Police Chief, Fire Chief and City Manager were asking for the Board's approval of the new form, and that the form had been accepted by the City Attorney and met State and Federal employment application criteria. Mr. McQuatters asked Civil Service Board Meeting Minutes of April 7, 1983 Page 4 of 4 the representative from the Police Department, if the department had reviewed the application and was satisfied with it. Sergeant Bill Bernosky informed the Board that the old application needed a great deal of improvement as it failed to contain adequate areas of questions /information pertaining to public safety applicants. The new application, he feels, is an excellent one which will improve the inter- viewing process. He stated it had the support of both Chiefs and the City Manager as well as the interview board. Gordon Frederick motioned to accept the application; motion seconded by Bill McQua4ters and carried. RULE 5: _APPLI_C_A_T_I_ONS FOR EMPLOYMENT Item 3 on the agenda was general discussion of policies and procedures relating to Rule 5 of Civil Service Rules and Regulations- Applications for Employment, Section 8 (a) (b) and (c). Discussion followed on whether to accept applications from former employees who "quit without notice" and whether in the Board's opinion this was to be interpreted as resigning in "good standing ". The Board's opinion was that even though an employee quits without notice, he /she still left in good standing unless something in their personnel file indicated otherwise. Questions also followed in reference to accepting applications from employees who were terminated for cause, or who falsi- fied their application -as to whether they be allowed to submit an application for employment. The Board determined that all past employees, regardless of reason for leaving, should be given an application for employment. It shall be the City's responsibility to determine if the applicant will be interviewed. Item 4 on the agenda was the Board's review of personnel transactions from January 7, 1983 through April 6, 1983. There being no further business to come before the Board, the Chairman adjourned the meeting at 10:00 P.M. April 7, 1983, upon receiving a motion from Gordon Frederick and a second by Donald Jones. Motion carried. MEMORANDUM TO: City Manager FROM: Personnel Officer April 13, 1983 SUBJ: April 7, 1983 Civil Service Board Meeting Mr. Knowles: Attached is a copy of the Civil Service Board meeting minutes of April 7, 1983. The Board took exception to the words "personnel board" which appears in several places in the newly adopted Rules & Regulations. Steve and I advised the board these were typographical errors and all such references would be deleted. On Rule 9, page 6, last sentence of paragraph 1 of the Civil Service Board Rules & Regs, the Finance Dept. wanted the Board to delete wordage (added by City Staff) "if such a position is available ". Board agreed. Steve and I took exception to this because th-e wording leads you to believe that someone who fails to perform in a new position after a promotion, can be placed back in his old job (same or similar position). This is fine if there is a vacancy somewhere. I believe this could cause problems for us because most of our promotions cause a "bumping effect" and to return someone to his old position would adversely affect other promoted employees. I can find no specific Personnel Rule or Regulation speaking to demoting or returning employees to classifications in which there are no authorized vacancies. Rule 21 Causes For Suspension, Demotion or Dismissal. As you will recall, the Board asked the City to incorporate, directly from our Personnel Rules & Regs these guidelines. This was done. Mr. Frederick began questioning the legalities of these reasons for disciplinary actions. Steve and I explained that the city had been using these for over 2 years. He had this discussion tabled and placed on special order of business of the next meeting. Selection of employees for the Civil Service Board Employee Election Committee, covered under Rule 31 is still bothering the Finance Dept. Back in October, 1982 the Hoard held a discussion in reference to rotating employees on this committee to encourage employee partici- pation in Civil Service election proceedings. The Board, during that October meeting, adopted a policy as to how committee membership was to be handled. This is attached. The Board has, however, decided to open this up again for discussion at the next meeting. Memorandum to City Manager April 13, 1983 Page 2 of 2 Finally, Christy posed several questions to the Board reference the acceptance of falsified applications and whether she should accept an application from employees formerly dismissed for cause. Rule 5, Section 8- Disqualification -, paragraphs (a) (b) and (c) on page 3 of the Boards rules state these applications are not certifiable, shall be disqualified from consideration and the former employees shall not be considered for employment in any position in the classified service without the permission of the Board and Dept. Head. However, the Board's responses last Thursday were in conflict with these rules as you will see in reading the minutes. Discussion of these issues will be on the next meeting agenda along with the hearing of Bernard T. Mitchell. Dr. Darby wants the business agenda discussed first, then Bernard's hearing. He specifically wants to cover the election committee subject as there are three (3) Board seats up for re- appointment in June. These terms expire June 30, 1983: Dr. Darby, Appointed by City Commission Gordon Frederick - Elected By Employees Bill McQuatters Appointed By the Civil Service Board Members cc: Steve Page 1 LISTING OF REVISIONS %AMENDMENTS TO THE CIVIL SERVICE RULES & REGULATIONS APRIL 7, 1983 BOARD MEETING 1. Personnel Board be removed from the Rules and Regulations and Civil Service Board be inserted. Rule 2 Par. 1, Rule 7 Par. 1, Rule 30, Par. 1 Pgs.1,5,22. 2. Rule 9, par. 1 page 6 Delete "if such a position is available." 3. Rule 18, par. 2 (A) page 10 delete on the basis" 4. Rule 25, Heading to Read "Right of Appeal. to the Civil Service Board" and that the fist sentence in this par. should read "Following the outcome of a pre- determination hearing by the City's Hearing Officer, any"--classified employee has the right, within 10 days after receipt of notice of his dismissal, suspension, demotion or transfer to appeal to the CSB. Page 18 . 5.Rule 31. Heading to read "Civil Service Employee Elections ". This wording is also to be used atthe front of the first sentence. Page 23. MAY 5, 1983 BOARD-MEETING 1. Rule 21, item 1 Amend as follows: The employee has eem#tted- an -aet wh4eh- v4elates- the- eriFR�na }- }aws -of -the- State- of -FI -er -Has been convicted of a felony, or of a misdemeanor involving moral turpitude. Page 13. 2. Rule 21, item 4 Amend as follows: The employee has willfully violated any lawful official regulation or order or failed to obey any proper direction made and given by a superior officer. Page 14. 3. Rule 21, item 6 Rule be stricken from page. Page 14. 4. Rule 21, item 8 Rule be stricken from page. Page 14 . 5. Rule 21, item 9 Rule be stricken from page. Page 14. 6. Wherever the work "Status" is used, should be replaced with the work .( "classified" Rule 24 Demotion section Par. A.& B. Page 18. 7. Rue(e 3 r.a mp�o�ees from each of the seven (7) departments in the City will appoint a person to sit on the Nominating Committee. Each Depart- ment is to be assigned a number. Even numbered departments will appoint representatives on the even numbered years, and odd numbered departments will appoint members on odd numbered years. The purpose being to rotate the Nominating Committee amoung all civil service employees. Page 25A. The Departments are numbered as follows: 1. All Staff Offices 2. Finance Dept. 3. Police Dept. 4. Fire Dept. 5. Public Works Dept. 6. Recn.& Parks Dept. 7. Utility Dept. The Civil Service Board reviews the 7 names and authorizes them as the Nominating Committee (unless they find a name unacceptable and ask for a substitute.) Page 2 The two Board members that are appointed by the City Commission then appoint from the 7 employees an Election Committere of a Clerk and 3 inspectors whose responsibility will be to assure that all nominated candidates for positions on the Civil Service Board shall meet election requirements as set forth in the Civil Service Rules and Regulations/ Act and they shall supervise the election, count votes, and certify the results of the election to the City Clerk. AUGUST 5, 1983BOARD MEET 8. lo amen U Zhe Tlr-bL paragraph of Rule 24 as follows: Page 15 The appointing authority may suspend a classified employee only for cause, for a period not to exceed thirty (30) calendar days. The appointing authority may dismiss any classified employee only for cause. Prior to suspension or dismissal, the appointing authority shall furnish the employee, the Personnel Officer and the City Man - ager , a detailed written statement of the charges for suspension or dismissal. I . Said charges for suspension or dismissal shall be restircted to action occuring within thirty (30) days from the date of filing of the papers of intent. Nothing in this section shall preclude the appointing authority from taking disciplinary action against classified employees for cumulation of offenses of violation of rules and regulations. " 9. To Amend Rule 24, and adding a par. 2 to read-as follows: Page 15 Cumulative acts of an employee constituting failure to perform his duties in a proper manner may, if no reprimand or other disciplinary action has been taken, be incorporated in disciplinary proceedings brought within ninety (90) days from any act relied upon and set forth in such charge. All acts relied upon in such charge shall be set forth with particularity as to date, time, place and the specific acts constituting the charge. No act more than ninety (90) days remote may be relied upon in any charges brought against any employee, but may be considered in deciding proper punishment. preserve all reports and correspondence, supervise or conduct examinations, maintain a record of examinations, act, as secretary for the civil service election subsection (3) of Section 3 of this act, and perform such other related duties as required by this office and .directed by the Civil Service Board. SECTION 13. Appointment of Assistant Examiners. If in the judgement of the Board, it is necessary or desirable, the Board has the power to designate a suitable parson or persons, either in or not in the civil service of the city, to conduct any examinations and to make a report thereof to the Board. Furthermore, the nembers of the Board may conduct any examination themselves or designate one or more of their members to do so. Any examinations held under the provisions of this section and the report thereon are as effective and valid as if taken under the supervision of and reported by the chief examiner. SECTION 14. Expenses of the Civil Service Department A sufficient sum of money shall be appropriated each year by the City Commission to carry out the provisions of this act. It is the duty of the Civil Service Board to file its estimate of expenses for the ensuing fiscal year with the City Commission, through the City Manager, at such time as required by the City iianage_. SECTION 15. Code of Rules; publication and effective date. The Civil Service Board shall make rules to carry out this act for examinations, promotions, appointments, probationary employment periods, and removals in accordance with its provisions. The rules of the Civil Service Board shall not conflict wi'-h the terms of this act, nor become sect =_ve until they have _been pos i.ed_ _at the front door of the City Hall -in the City of Sanford, for a period of five (5) - - days, in a conspicuous place and until each member of the civil service affected thereby has been mailed a copy thereof by the secretary or executive secretary o the Civil Service Board. Such rules shall have attached thereto a certificate by the secretary or executive secretary of the Civil Service Board that5he posted a copy of said rules as above required and mailed copies thereof as likewise required. Such certificates are prima -facie evidence of compliance with the requireman:_s of Vosting and mailing. SECTION 16. Classification of positions. The City Commission, subject to the approval of tht Civil Service Board, shall classify all positions in the city Sec. 15 amended by H. 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W W S d U W 0- m- � m � O m m W W m Z -N N O Q O 4••) V) ck� m I L.` in Q ^ r 4--) U 0) •-) O Q r Cl 4-3 CL m S- a-•1 C- S S- r O N N O Y m O W W O r N .N 4- E U O 4? m V) CL 4- -a S �C O N .-) L C C cr U O O Q N +) r 3 3 Q U r +..) m r0 4-3 W •r {{ VI N N N E E G �. +.� .f O t?� 1 . � O 't7 � .1..) 1 QJ 4J •r >) O V) -1•.•) r r 4- '>7 �•--� V) ro `m s S•. � > r O CT OI O O r 3 +-) � L V) 3 O O S U U W a- a m= U U O_ Q 0 N N dN N O V) 4-) V) N V) Ln V) M O (C V) ru r6 i-•) V) r E r .1 r _ _ _ _ _ _ - =0 ra r0 U O U >u >U U O. u r U O O_ o!Y IY d af M M M co 00 07 00 M M CO M M M co 00 C, M M M 00 cc 03 m OC CO . t 1 1 00 00 1 00 00 00 00 1 00 00 1 1 1 1 1 I e--r r- O I 1 Ol 1 1 1 1 1 1 M N N Gt .-I I rI i M 0') 4 N -) lO '� 1111 i 1-4 Ol O 10 N N N Q co • 1 N I I I t 1 1 r 1 r 1 I r t 1 1 I 1 I I i N r•1 N N N N N 11 N N N N N N N r I rl e--r ri ri .-r r-+ --1 .•-1 1-1 r r r--•I ri ri e-i � I.L l.L � L � � L L ^L. L LL G L \ \ \ \ \ \ \ \ \ \ \ 3 \ 3 m m m m 3 m\ 3 3 m 3. 3 m 3 m 3 3 Op 3 3 O O r O U S E , O O (n r VI •r 7) rCi c tT 4-) c V) V1 i C tL d7 N r C $. r O O L C C S- N •1••) S- i-) � 4-J r N r V) •r O _O QJ •r 3 � O "a r O r- L C -0 QJ r r O '- L 5. "a O U C C E O rC O O •r O •r r6 S- V) L O O L N Q N � 3 S � IY m U ---:c S O rts � Q <Y m 4_ S < S U N 1 C7 J LL 7 O m 7 m Y N J 3 Q Li 3 EOUAL PROTECTION EMPLOYER- EMPLOYEE MEMBERS PRESENT: ALSO PRESENT: CIVIL SERVICE BOAPD OF THE CITY OF SANFORD SANFORD, FLORIDA 82771 MINUTES OF THE CIVIL SERVICE BOARD MEETING NOVEMBER 10, 1983 Chairman, Dr. John F. Darby Secretary, Dr. Luis M. Perez Gordon Frederick Bill Mc uatters Donald ones Francie Wynalda, Personnel Officer Rosa Rotundo, Finance Dept. Mildred Carver, Finance Dept. Christy Johnson, Board Secretary DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK Chairman Darby opened the meeting at 8:05 P.M., Thursday, November 10, 1983 There was a full quorum in attendance. The meeting was held in the City Manager's Conference Room, Sanford City Hall. OLD BUSINESS: The Chairman called for the reading of the minutes of the last regular meet- ing of the Civil Service Board held Thursday, August 5, 1983. Bill McQuatters moved that the minutes of the last meeting of August 5, 1983 be accepted and approved as mailed. Motion seconded by Donald Jones. Motion Carried. Board discussion of Rules & Regulations number 24, Paragraph 1 which was amended and adopted on August 5, 1983 as follows: Cumulative acts of an employee constituting failure to perform his duties in a proper manner may, if no reprimand or other disciplinary action has been taken, be incorporated in disc- iplinary proceeding brought within ninety (90) days from any act relied upon and set forth in such charge. All acts replied upon in such shall be set forth with particularity as to date, time, place and the specific acts constituting the charge. No act more than ninety (90) day remote may be relied upon in any charges brought against any employee, but may be considered in deciding proper punishment. The Board members discussed this rule as to clarity and interpretation of the amended rule. The Board then reviewed personnel transactions from August 5, 1983 to November 10, 1983, and certified them accordingly. • *EOUAL Pk OTECTION w CIVIL SERVICE 13C OF THE . CITY OF SANFOI SANFORD. FLORIDA 32771 EMPLOYER - EMPLOYEE -FOR BULLETIN BOARD AGENDA DR. JOHN F. DARBY RDCHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK POSTING - CIVIL SERVICE BOARD MEETING NOVEMBER 10, 1983 8:00 P.M. OLD BUSINESS: 1. Reading of the minutes of the Regular Civil Service Board Meeting of Thursday, August 5, 1983. 2. Discussion of the Civil Service Rules and Regulations. NEW BUSINESS: 1. 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O a--) g � N O N H I I �" N O -p V) r N O co E U Q it I r r i> I r- Q 3 U U- Cl- O F N '� N N O O = Q U J N >> _ •r O "~ +-) C N •r 4-3 - 0 r IO � trto 0 to O � C1 1 U _ - _ - - S_- O a• a) O S- J of M M M M M 00 CO 00 00 M M 00 00 00 M M D1 M 00 00 I 1 1 00 I I I I N LO -4 rl CO 00 I I I I 0`0 N co 1 I � � p O 4- ° LO 1T M ^ .•1 -1 I 1 I I 1 I' cl c> r1 rl LLim 1 I 00 0) d> dl co 00 O � LL.' LL- LL U- LL.� LL. m 3 3 m 3 3 3 m m m 33 m 3 Cn 3 � O O O S- U) N r S-. O 3 C r 4-) r S= (U O r r rr r E C r N N �• U p ro O V = U 3 J N •� •r m o C.O. N (,� ' N N J m U 3 ¢ E CLEVELAND & BRIDGES ATTORNEYS AND COUNSELORS AT LAW MACK N. CLEVELAND, JR. JACK T. BRIDGES MICHAEL E. GRAY PICO BUILDING 209 NORTH OAK AVENUE P.O. DRAWER Z SANFORD, FLORIDA 32771 TELEPHONE 322-1314 TO: MEMBERS OF CIVIL SERVICE BOARD, CITY OF SANFORD, FLORIDA Executive Secretary, Civil Service Board City Hall - Hand Delivery Sanford, Florida 32771 - FROM: MACK N. CLEVELAND, JR. DATE: NOVEMBER 4, 1983 RE: Sentinel Communications Company and Leslie Kemp Poole, vs. Civil Service Board of the DCity d Of Sanford, Florida, John Darby, Gordon Frederick, William McQuatters and Luis M. Perez Case No. 83- 1572- CA -17 -L I attach herewith conformed copy of Permanent Injunction as entered by Circuit Judge October 31, 1983, which I believe con You may recall that Judge Kenneth M. Leffler was the pre- siding Judge at the hebutrwhen the CircuitaPudgestfor Seminole temporary injunction, _ County reassigned the cases, and to dJudge1McGregorin Seminole County, this c If you have any questions pertaining to the contents of the enclosed Permanent Injunction, please do not hesitate to ' I wili be harpy to discuss same wit} you; other - contact me ana wise, it appears this ofcnncstatement fort l services rendered and with the prepartion y expenses incurred. I appreciate very much the opportunity of assisting you in this matter, and particularly want to thank you for your expression of confidence, thedmatterkwas resolved satisfactorily. circumstances, I believe Sincerely, CLEVELAND & BRIDGES MACS N, CLEVELAND, JR. MC, Jr. /eab Enclosure 1 r w i l- In In V Ln O O Ln O Ln r In O v+ O In O In O to O to 00 In O s �D LT1 ✓ N .� � v Ln w v v •• r rn V %0 Ln w rn v N ...D v V v v v J ��D v O+ V %0 co v rn r �0 00 V co %D v O co � r v Q+%D N 00 � O In %D %D O �r rr � nkD t_n co 03 N � In N t.0 co CD Lo `♦� \ "v J 0 orli En PC t� O C � H n r r� t� t� C7 c H cn H z rn y H Oz � H .D z V N y i x r �D 00 N u 0 doCumulative acts of an employee constituting failure to perform his duties in a proper manner may if n A oother disci- to action has been taken be incorporated in disciplinary proceedings brought within ninety (90) days from any act relied upon and set forth in such charge. All acts relied upon in such charge shall be set forth with particularity as to date, time, place and the specific acts constituting the charge. No act more than ninety (90) days remote may be relied upon in any charges brought against any employee -D 0 s7 -s N r• c� G r• E n C, tb cD a o 11 CD (D O (D F-+ H. (n � w Ir n �+ r x H � 9 CD _ o N N r~ Imo+ QQ n n r• (D to b rt (D (D rt r• F- LZ Fj C- 0 (D O (D to O H-+ F-i (D O, O, 'S (D F-j O In ov E mc w td to to t d tz L b7 ov 3 3 3 \r I h7 3 �2: C 3 O C O O F- �Li O N H H ! H H Ih H D W H H H \ \ c+ I n• En ro I f I I in m H. 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C (D cam. • C CL 04 m rt Jy r- 0 0 a c+ 0 0 rD a N 0 WI - -n -a n cn -n I J J Z (D GOI QC • C) T7 7 1 .7) O C,, Or TNT m lw O (D 'D O (D (D r cD 0 O vi - = c, n •• n (J. p C c, ;D rD Q o () n cr 2 (D �+ (JD :E N rD O E3 O 7 Z � 2 v TI 'n TI "11 TI J• J• `� J• Q J• Q Q Q Q } -1 (0 (D • (D =r 7 7 cn Z CD 0 -DD (D J -5 „'S (D D C � a � I� D c iv i O O J 7 O C-+ Q (D sv ID Z a :n z O m J• C'+ H� n N' (D -n -a n cn -n I J J J• (D J• QC • J• or (D (D O TNT m lw O (D 'D O (D cD 3 D C � a � I� D c iv i O O J 7 O C-+ Q (D sv ID Z a :n z O m J• C'+ H� n N' (D D c J TNT m lw N O Tic- [jr.- JOHN F. L)AF:, 1 CIVIL SL a-� IV PCL 13CAPD CHAIRMAN DONALD R. JONES OF THE SECRETARY CITY OF SANFORD LUIS M.PEREZ 4:k I* SANFORD. FLORIDA 32771 BILL WOUATTERS EMPLOYER - EMPLOYEE GORDON FREDERICK To: All Board Members From: Christy Johnson, Civil Service Board Secretary Date: July 18, 1983 Subj: Amended City Policy (Disciplinary Policy No. 11.54) I have attached the recent revision of the City Personnel Rules and Regulations, policy revision on Dismissal, Demotion, and Suspension for Cause and Pre - Disciplinary Hearing Pracedure, for your review. We recently revised our Rule 21, Causes for Suspension, Demotion and Dismissal in May 1983. This rule is also on our August agenda for next month for amendment. I have attached this recent revision for comparision, and review. per the request of Dr. Darby, Chairman . TO: FROM: CITY OF S:.NFORD, FLOPIDA DISCIPLINARY ACTION RECORD DEPT /DIV. SUBJECT: DATE: I. You are hereby notified of an initiation of disciplinary action against you for misconduct which was not in the best interest of your employer to wit: II. Type of Disciplinary Action Initiated: ❑ Reprimand ❑ Demotion ❑ Suspension For Days Without Pay ❑ Dismissal • III. As a City employee with 6 or more months of continuous full -time employment, you shall be notified by the Personnel Office..within one (1) working day from the date of receipt of this notice, of an opportunity for a pre- disciplinary hearing before a hearing officer. If you wish to expedite your request for a hearing, you may report in person to the Personnel Office for details. The purpose of the pre - disciplinary hearing is a review to determine if there is cause for the disciplinary action. You are to report to work for your normal work schedule until further notice and until the disciplinary action has been reviewed and made final. As a City employee with less than 6 months continuous full -time employment, you are not entitled to a pre - disciplinary hearing before the City's hearing officer. is L oil- P. 0. Box 1778 - 32771 d Telephone (305) 322 -3161 HAND DELIVERY Re: Initiation of Suspension Dear: . This letter will serve as initiation of suspension_ pro- ceedings against you. This initiation of suspension is brought about due to your You are entitled to a pre - disciplinary hearing before a hearing officer. The request for this hearing must be in writing addressed to the Personnel Office and received in this office within five (5) • calendar days following receipt of this letter. You may waive this letter and appear at the Personnel Office and sign a receipt for proper notification of this hearing date. Upon receipt of your request for a pre - disciplinary hearing, the Personnel Office.shall set a hearing date within twenty (20) days and you will be notified of this hearing date by certified mail, return receipt requested, or by hand delivered notification. If a written request for a pre- disciplinary hearing is not received within the five (5) calendar days following receipt of this letter, or you do not appear in the Personnel Office to request a hearing, it shall be construed as a waiver of any further right to appeal and the action of the appointing authority (department head/ supervisor) shall be sustained. Sincerely, CITY OF SANFORD Francie Wynalda Personnel Officer is FW RECEIVED BY DATE "The Friendly City" � 0 MEMORANDUM CIT� OF SANFORU From: CITY MANAGER Date August 4, 1983 To: Civil Service Board Members Subject: Meeting of 8/4/83 re rules You requested the City personnel to review the Board's actions on the Rules of the Civil Service System in respect to certain changes being considered. Please see the second page of my memo of 5/11/83 to the Board which covers these points. I plan to be present at the meeting tonight but I also have a meeting previously scheduled with the Planning and Zoning Com- mission at the same time. I will attempt to attend both. Pete a • M E M O R A N D U M May 11, 1983 To: Sanford Civil Service Board From: City Manager Responding to the Civil Service Board's Minutes of your meeting of May 5, 1983, I wish to bring to your attention several points. a) New Board members may have an erroneous impression as to the frequency of need for an appeal of supervisory disciplinary actions to classified employees. We have had two appeal hearings within the past ninety days by a single employee. The Civil Service Board has held e.g;ht appeal hearings during the past twenty -five ey ars; including these last two. This indicates the city's supervisors are extremely careful and reasonable in their personnel administration. They have taken great care to be fair with the employee while also being fair with the public who pays for a day's work from each employee and the public deserves receiving a productive day's work in return. b) The Civil Service Board represents the public; - not the employees and not management. This is-aal a labor board and it is j" a grievance board. These functions are handled by the City Com- mission. The Civil Service Board is the public's board to be sure our public employees are treated fairly in only disciplinary matters and that the public employees treat the public fairly through productive work functions. It is a two -way street for the Civil Service Board. c) Thirty years ago the Civil Service Board had a philosophy the Board was the employees' representative to protect the employees; irregardless of what the employee did. This was a very dangerous 9 • Memo To: Sanford Civil Service Board From: City Manager -2- 5/11/83 e) In addition to (d) above, all employees have a specified grievance procedure that guarantees a satisfactory explanation to the employee with a stipulated procedure where the employee can carry it all the way to the City Commission, in a very short, quick, procedure; where the entire City Commission will review any grievance. This is a two -way procedure to also review the department's personnel administration along with the employee's grievance. In the several years this written policy for grievance has existed, no employee has felt it necessary to go beyond the office of the city manager. The grievance procedure is contained in the employee's booklet and the procedure is also covered verbally in the orientation class that every employee is required to attend, on city time. These points are offered for information and background in light of a discussion to change the Civil Service Rules. The Civil Service Rules used to be very broad and boiled down to discipline or demotion could be effected for cause. Later, the Board requested that the more detailed City's Personnel Rules and Regulations be incorporated into the Civil Service Rules and Regulations. This was done and the Board adopted their rules as they exist today. At the May 5, 1983, meeting the Civil Service Board voted to: a) Rule 21, item (1) eliminated disciplinary action if an employee "violates" the criminal laws and held the discipline could only be applied if a court convicted the employee of a felony, or misdemeanor involving moral turpitude. Since less than twenty percent of violators are arrested and convicted, this is so restrictive as to be a negative step. The City recently had an employee cause a fire in the heavy equipment shed where he acknowledged he was stealing gasoline from several pieces of equipment while smoking (controlled substance on his person). Several thousands of dollars worth of damage was done but he was not convicted in court. Today -our system of justice is not the system most perceive as justice. The state did away with municipal courts; the state requires all cases to be prosecuted through the state attorney's office; the state attorney will not handle municipal law violations nor misdemeanors (no violations of municipal ordinances handled in over five years); the system of plea bargaining frequently result in no conviction; and the many technical aspects that . circumvents the justice system such as the speedy trial rule, admissible evidence, etc., even to the point of the individual being known guilty by admission yet can not be convicted. Employment discipline does not need to be hung up on legal technicalities to protect and serve the public. It must be fair; the judicial system is not. I suggest Rule 21, (1) not be changed. Rule 21, item (4) - proposed is to insert "willfully" violates - which is another example of a legal technicality not required in personnel disciplinary rules. You can not define exactly actually nor prove "willfully" in such personnel use. It is a legal term that needs to be reserved for the courts for lawyers to debate; not personnel rules. Rule 21, item (6) -- OK to delete. Rule 21, item (8) - this should not be stricken as it is not covered elsewhere and approximately 50% of poor performance comes after the probationary period due many times to personal and outside influences. The advance of technical knowledge passes many "non - learners" by. These become incompetent and inefficient and many need to be spurred into learning programs and tasks. Many of our Memo To: Sanford Civil Service Board From: City Manager -3- 5/11/83 Rule 21, item (8) - CONV D: personnel are not white collar, skilled individuals. Many do not have personal initiative but must be led and directed into updating and useful channels. Rule 21, item (9) - address carlessness or negligence. This is not addressed elsewhere. This rule covers many of the points of minor infractions for reprimands. It is a rule that is needed to direct the employee into thinking and remembering their job responsibilities and serves to cover an approach when a supervisor does not need to level charges of violations. This rule should be kept as is. Rule 24, paragraph 1 - the law does not grant the Board authority to direct an appointing authority to restrict discipline but only grants the Board authority to review that discipline applied by the appointing authority. Therefor, I suggest the proposed first sentence be struck. Applying to the same rule, I suggest the "30 days prior" time period is not sufficient to cover the allowed times from the date of infraction to: a) Preparation of charges and papers of intent with the case; b) Submission for review'by three staff personnel; c) Service of intent papers; d) .5 day period to request review hearing; e) 20 days to hold hearing; f) If affirmative, to prepare discipline papers, service on employee, and process. I suggest a time period of 60 days be used. (Remember, there are an average of 22 "working day" per month). Applying to this same rule, Rule 24, paragraph 1; - the proposed sentence at the end of this paragraph is satisfactory. 141 WER /m.jh • August 5, 1983 M E M O R A N D U M To: - Sanford City Commission From: City Manager Re: City Shop reorganization The city manager appointed a team to review existing city shop operations to reduce costs and improve productions. Concerned by the Shop budget and low repair _ production, the team has worked on this matter for more than two months. On July 28, 1983, they presented a recommended reorganization of shop work. A copy is attached. The City of Sanford had 136 pieces of rolling stock plus 100 pieces of minor equipment. 11 vehicles were taken out of this by allotments to utilize privately owned cars for city work with all costs of purchase, insurance, fuel, repairs, registration, etc., borne by the owner /employee. This left 125 vehicles, plus the 100 pieces of minor equipment. Under the fire and utility budgets are salaries for two mechanics. These, added to the Shop budget for 1983 -84, became $197,228.39 plus parts for vehicle and equipment maintenance. 1. The Fire Department would like to maintain their own equipment and 3 firefighters offered to do this work. A plan has been worked out to return 13 fire department vehicles to the department for maintenance; plus these 3 firemen will service and main- tain normal repairs on the police administrative (6) and police investigative (8) vehicles. This is a total of 27 vehicles to fire department maintenance. In return, the three firefighter /mechanics will be paid $1,000.00 /year plus scheduling changes, etc. This has been well- received by these men. With this change, the current mechanic position will be transferred to the Shop. Net reduction - $18,310.68. 2. With the fire and utility mechanic included in the count, currently there are 9 full time employees at the Shop. With the changes, three of these positions can be eliminated with reduction in budgeted needs. It is proposed to eliminate the positions -of: 1 - Shop Supt. 1 - Automotive mechanic 1 - Maintenance worker $ 25,674.28 17,267.47 12,775.32 - -^ $ 55,717.07 Memo To: Sanford City Commission From: City Manager Re: City Shop reorganization -2- 8/5/83 The city manager recommends acceptance of this reorganization to be effective on October 1, 1983. All employees will follow the written procedure for layoff whereby they can go back to their previous job if they desire to do so and it then is a bumping system on seniority with all placed on a special re- employment list for future openings. This plan has been discussed with the Shop personnel and explained in detail. WEK /mjh attachment c EQUAL PROTECTION • EMPLOYER-EMPLOYEE • OLD BUSINESS: CIVIL SERVICE BOAPD OF THE CITY OF SANFORD SANFORD, FLORIDA 32771 AGENDA CIVIL SERVICE BOARD MEETING AUGUST 4, 1983 1. Reading of the Minutes of the Regular Civil Service Board Meeting of Thursday, May 5, 1983. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 2. Board discussion on the Civil Service Rules and Regulations to wit: A. Rule 21 - Causes for Suspension, Demotion, and Dismissal. B. Rule 24, Dismissal, Suspension, and Demotion of Employees. NEW BUSINESS: 1. Personnel Transactions from May 5, 1983 through August 4, 1983. EQUAL PROTECTION EMPLOYER - EMPLOYEE To: From: Date: DR. JOHN F. DARBY CIVIL SERVICE BOARD CHAIRMAN DONALD R. JONES OF THE SECRETARY C I T Y OF S A N F O R D LUIS M. PEREZ SANFORD, FLORIDA 32771 BILL MCQUATTERS GORDON FREDERICK All Civil Service Board Members Christy Johnson, Civil Service Board Secretary July 12, 1983 Subj: Filing of Financial Disclosure forms Please be advised that attached is the "Financial Disclosure" forms which you are required to file no later than July 15, 1983, with the Clerk of the Circuit Court of the county in which you are principally employed or a resident of. n LJ I• 0 TO C t chr1stY J Sanford y Hall °hnson FL 32771 N �B pTMORNEYAT'-Ayy RTM P SANE OR D. F ARK AVENUE 305.3 �2 3353 2771 DATE July 12' 1983 suBJECr FinanClal Disclosure Mr. Fr return to the off der1Ck is Curren !c t1 quite imAossible for e until Monday' Yon vacation an orm by July 15' him to file t July lg, 1983' d will not 1983. Please m he required Fin hence !t is ake known to anClal Disclosure sC 1 osure that be! (Mrs. Gordon V r mre . Thor F,, M der! k p' Secretary a N72 me oows R,d, C t0 CITE D SA t� � } : MEMORANDUM 1 1: CITY MANAGER - s Office Date July 11 , 1983 To: CITY OF SANFORD "ADVISORY BOARD MEMBERS" Subject: Filing of Financial Disclosure forms Attached is the "FINANCIAL DISCLOSURE" from which you are required to file no later than July 15, 1983, with the Clerk of the Circuit Court of the county in which you are principally employed or a resident of, /mjh 1 Y' F-siring It7DY'Vice Soci P f By Donna Estes Herald Staff Writer The Sanford Civil Service Board on a 4 -1 vote at the conclusion of a lengthy meeting Tur -sday night upheld the city's firing of a_ .; plants division employee on April 6. e action overturned a previous decision in early May of the board and ended the stormy 39 -month employment by Sanford of Bernard Mitchell. Mitchell's entire work record, including various disciplinary actions by superiors in three different city utility departments, were reviewed in detail before the board voted to concur with his termination. Even Gordon Frederick, who cast the one negative vote in Tuesday night's proceeding, said Mitchell "leaves a lot to be desired" as a city employee. At issue was an early May hearing on Mitchell's firing for insubordination and "disgraceful conduct," a term given as an acceptable reason for dismissal in the city's civil service board rules, when the board decided to exclude the additional charge of Mitchell's troubled work record. Four members of the board — Dr. John Darby, chairman, William Mcguatters, Donald Jones and Dr. Luis Perez — agreed Tuesday night to consider ;Mitchell's overall work record. Frederick, however, held fast to hl -s position that the overall work record " hould not be an issue. He insisted that Mitchell had been repri- MAilded or disciplined for cacti infraction of ' "Y policy during his city career, including a OY County Commissio Z 30 -day suspension wtttlout pay handed down by the Civil Service Board and that "in our system. once tried, convicted and punished we don't (use that record to) do it again." The board members reversed their decision on Mitchell's termination when they consid- ered his entire work record. Newspaper settles suit with Civil Service Board. See Page 3A Of Mitchell's indication that he still wants to work for the city, Frederick said it is obvious the city doesn't want him and indicated he was puzzled "why in the hell he (Mitchell) does." McQuatters made the motion finding "Mitchell guilty of insubordination" and and finding that Mitchell's work record is suffi- cent to sustain the city's dismissal. An earlier motion by Frederick that the board determine that Mitchell was tired without cause died for lack of a second. Frrcicnck filed his separate detailed opinion In the case. City Attorney Bill Colbert Introduced 19 exhibits against Mitchell detailing his infrac- tions of city policy. i hose infractions in- cluded collecting casts payments from some city water customer. %L 1:c service he was to shut off; personally i;Tanuti; additional time to utility customer uho mere delinquent in paving utility bill, "t whom he knew; his battles with suixryt+. -Ir+ tlwt included calling one supervisor a "village idiot" in the presence of citizens and other employees while on the job; speeding in a city vehicle: and refusing to obey orders of supervisors. Three different supervisors testified that while Mitchell was a hard worker, he has difficulty communicating with supervisors and others. All the supervisors said they counselled Mitchell and tried to help him correct his communications problems to improve himself. Mitchell, meanwhile, said he was not guilty of "disgraceful conduct" nor of being insub- ordinate. "I'm a hard worker but everytime I opened my mouth to question, I got slapped with disciplinary action," he said. "I don't know what to say; I'm beyond words." Mitchell said that he didn't feel he had been in trouble with the city, but believed ,he was misunderstood. Asked if he felt "anyone had been out to get you," Mitchell said, "No." Dr. Perez asked Mitchell, if he got his city job back, "Do you think you could keep your mouth shut, rather than get disciplinary action ?" Mitchell responded that he asked questions so he could understand. In his closing statement, Mitchell said he felt like a child who was continually beaten without being told why. He also told the board that he relied on its early May decision overturning his city firing and had quit a job he held at that time in preparation for returning to the city. "If you had found me guilty before, I would still have my job," he said. SEEDCO Projects Opposed By Micheal Beha a Herald Staff Writer Innl� Employment and Economic Develop• :rucq r: , 1,111,ttlon + ;sot more bad news Tuesday, this time County commissioners. ' `'tlrrs voted unanimously Tuesday not 10 "" 'r +lrral funding for three projects sponul+o'd ` er ltle• commissioners' action will be v t, ,4i +t lass from the East Central Florida t oullril who are reviewilll; the y '}' ' 9' 7 Ilill!lnll In ItAcial iuntls. 7. , • _t +.a 5,111 fw;-,..oitr rcview4 al any stage t11 ° ^t *e rrl.lke v much more oliltieuit for a !t,ltr t .munfwYlnnF'rs saki they -7; 11F,� 1_ {,ifll at'iit l� �1i 1'�ilY i11r llm.ouij? + ,t,{ v.. di!t, {rill tliml F,tl, Y 111,(1 tatY „ ,.!.,,'. :i tit t►:. , i u ,ttU1{,; .., bu +rl:r *• d,r%f1XVment and are trying to recover s i s5 (.• `► 1K 4 all un +pent grant for support of a local i rr.,i;t u; _v, is TTw audit report also claims that SEEDCO re, cr. % +'• • = +«t on a E2.6 million Rural Development L• ` " "'{ lisx) OU0 of which was used to fund an "—)hlblous aircraft business venture. ' ' ' ++ ag for an additional $1 million in + rt.rntlnued development of the amphibi- 1 "lernational Aeromarine Corp., has sr ; ,,rant from the federal Community +Irallon 1n addition to the funding from meet Loan. 'HillUation for the funds says that g= 1(lveattnent9 has also been raised for MUi t rstul, would employ about 70 vrluu,llly Incri-ase to IU0 Jobs when In 414111( 1loll. ,)n��+ - - " ►,r�•,I.ic11t of Iit terrlat1011 �t:I II d— ,1u. r it TODAY Action Rep orts ..............7 Bridge .. ........................8 Calendar ......................4 Classified Ads 4,5 Comics .........................8 Crossword .................... 8 Dear Abby ....................2 Deaths .........................6 Dr. Lamb .....................e Editorial ..... ............. ....4� Florida .........................3 Horoscope .................... 8 Hospital ....................... 2 Nation ..........................2 People ....................... 1-3 Sports ...................... 9 -11 Television .................... 6 Weainer ....................... 2 � World...........................6r Tuning Off The Top Fr',:rinq for it o. Continued from Page 1A Yie project ca':1� !er 2 +_� youths to be involved in the SEEDCO projections are overly optimistic because of program which would bring 75 substandard houses up poor economic conditions in the field. At a work session to minimum standards. last summer they refused to recommend the project for The application states that participants in the funding. program would receive eight weeks of training at In all, according to the grant applications, the project Seminole Community College prior to beginning the will cost $3,338,000. program and then would be assigned to rehabilitate SEEDCO has also asked for $1.565,000 to finance homes in Bookertown. East Oviedo, Midway, Winwood, development of its 80 -acre Evergreen Industrial Park. Jamestown and Goldsboro. TI grant application states that half of the park will be But county officials in reviewing the application ed initially with profits from the sale of that Tuesday morning said officials at Seminole Community pr -ty being used to develop the remainder of the College knew nothing about their participation in the park. plan. In addition to the federal funds. SEEDCO's application Each of the three grant applications has previously states that $2.4 million in private funds will be used to been rejected for federal funds. The federal government develop the property. awards funds for projects on a priority basis. Projects The third SEEDCO funding application is for $175,000 not accepted in one year may be re- submitted and to finance a r youth housing rehab ilitation dd`Cj/ • pr gr� G . fz u nde in a othe • B r &�etings To Be Public a� By Donna Estes Herald Staff Writer The Sanford Civil Service Board will not hold an), closed -door, executive sessions in the future and, according to an agreement approved by the board's five• members, an injunction will be issued by the circuit court to make sure. A lawsuit filed against the Sanford Civil Service Board and its five members individually by Sentinel Com- munications, publishers of the Orlando Sentinel news- paper, charging violation of the state's "government in the sunshine law" on May 31 will be settled as a result of the agreement. The board, composed of John Darby, chairman. Dr. Luis Perez, Gordon Frederick, Donald Jones and William McQuatters, voted unanimously Tuesday night agreeing to the settlement recommended by special a Y!.;y Mack N. Cleveland Jr. . .-!er the agreement initiated by Cleveland and worked out by him and Sentinel attorney David Evans. the board and its members will not be charged attorney fees and court costs for the Sentinel suit. And a permanent injunction is to be issued by the circuit court barring future closed meetings. The Orlando newspaper charged the board with violating the state's "government in the sunshine law" by holding a closed door meeting on May 31 to decide the fate of a Sanford city employee who had been dismissed. The Sentinel charged that the closed door meeting violated state law and the civil service board's own rules and regulations requiring its meetings, hearings and deliberations to be open to the public.' In addition. the Sentinel said that its reporter, Leslie Kemp - Poole. was barred from attending the May 31 closed door meeting. The suit asked that the Civic Service Board and its members be required to pay attorney fees and costs of the lawsuit. The Sentinel also asked the court to issue a temporary restraining order and a permanent injunction to stop the board from holding closed meetings in the future. Circuit Judge Kenneth Leffler two weeks ago granted a temporary injunction, but limited it to the problem of one employee discussed at the May 31 meeting. s CRACWFO lECI'S +4 rl7 ivew 1;PA hra l William Ruckcl,!t rc:. ordered the start !,t massive cleanup �I, tions. Critics have charK,d EPA with dragging ►t , feet in recent months. but Florida environ• mental officials praise the latest action. "The idea here, and • remove contamination contaminated sludge or Tschinkel, secretary of Environmental Regulatio "EPA's position befor the complete, exhaustiv done. Now they seem to 1 sensible middle groun inexpensive remedial acts Work began last weeki Florida sites — Warring Whitehouse, Zellwood an The short-term cleami federal Superfund, the Congress in 1980 to pa nation's most dangerous 1 Florida, which ranks f most number of hazardoi toxic waste sites. Ruckelshaus, who was agency was formed In 1 in May. He ordered his staff to as the six in Florida whi quick cleanup — the r drums, contaminated soi EPA officials admit t restoration of land, wat< years and millions of doll ..Patient Transfe Continued from Page lA patients have arrived there from West Volusia Memorial unannounced. "They go back and forth with this type of thing." he said. Tesar said the hospital administration is not responsible for the transfer of the skin graft patient. "Neither I nor anvone in this ad- ministration can make a doctor dis- charge a patient from the hospital," Tesar said. "The only person that can discharge a patient is a physician. I can't tell a physician how to practice medicine." At least one doctor at Central Florida Regional sees it differently. "The business office ordered that p.nit"It transferred•" he said. Itnt Tesar said: "The business office can't do that." 'Yntrccs at Central Florida said it was patient arruunls m:ntager John White H•]to ordrrcd the transfer. White said today ! {r:uu nt transter is up to the dnrtur 1hs uihce "CM) only enlighten a din!•" �•. Ito lhc'ti11Ua UUn.•• - a i!nrtrrr r'an tO ih p.tUe'nt." the !owu •:,rill 'k. it ttu• rubs of your cmi,lo} ct _4 • W CIVIL SERVICE BOARD OF CITY OF SANFORD IN THE MATTER OF THE ) REHEARING OF BERNARD T. MITCHELL) This cause coming on to be heard pursuant to application for rehearing filed with the Civil Service Board of the City of Sanford, Florida, by the City of Sanford, and after due notice being given in accordance with the law, rules and regulations of the Civil Service Board of Sanford, Florida, and a public hearing having been held, and the Civil Service Board hearing all evidence, and testimony and law presented in behalf of the parties, and the Civil Service Board being fully advised in the premise, and after careful consideration and deliberation, it is therefore; THE JUDGEMENT AND ORDER of the Civil Service Board is that Bernard T. Mitchell is guilty of insubordination and disgraceful conduct. The Civil Service Board's judgement and order in regards to Bernard T. Mitchell's work record is that there was sufficient cause for dismissal of Bernard T. Mitchell by James A. Cohen, Steve Harriett and initialed by Warren E. Knowles. The dismissal by the City is sustained effective as of April 7, 1983. CIVIL SERVICE BOARD OF CITY OF SANFORD, FLORIDA 0 Page 2 IN THE MATTER OF THE ) REHEARING OF BERNARD T. MITCHELL) a of RT day I' I HEREBY CERTIFY that a true co I rY thereo f has this June 1983, been furnished to: i All Civil Service Board Members Bernard T. Mitchell's Personnel File Civil Service Board Secretary City Manager, Warren E. Knowles Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Water Superintendent, Billy Magner Sewer Superintendent, Jerry Herman Plant Superintendent, Jim Cohen City Attorney, William Colbert 40 EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE BOARD CHAIRMAN DONALD R. JONES OF THE SECRETARY 41ZI CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 32771 BILL WOUATTERS EMPLOYER - EMPLOYEE GORDON FREDERICK To: Civil Service Board From: Christy Johnson, Civil Service Board Secretary Date: June 22, 1983 Subj: Re- Organization of the Civil Service Board In accordance with section 5 of the Civil Service Act: Within one week after the 5 members of the Board have assumed office as hereby provided the Board shall organize by the election of one of its members as Chairman, and one as Secretary. The Chairman and Secretary shall serve for a period of one year, and each may suceed himself with the • consent of the other 4 members. As per the request of Dr. Darby, Board Chairman I have listed the format which has been used historically by the Civil Service Board. 1. Board Secretary calls for nominations of a temperary Chairman. 2. Temperary Chairman calls for first order of business - the nomination of the 5th member of the Board. 3. The Temperary Chairman calls for nominations for the office of Chairman of the Board. 4. With the election of the Chairman of the Board, the acting Chairman steps down and the elected Chairman assumes the seat. 5. Chairman calls for nominations of the Secretary of the Board. I have attached a copy of this format for your review. EQUAL PROT[CTION f EMPLOYER - EMPLOYE CIVIL SERVICE 130ARD MEMBERS PRESENT: OF TN[ CITY OF SANFORD SANFORD. FLORIDA 82771 CIVIL SERVICE BOARD MINUTES OF BOARD REHEARING ON BERNARD T. MITCHELL June 28, 1983 Dr. John F. Darby:; Chairman Donald Jones, Secretary Dr. Luis M. Perez Bill McQuatters Gordon Frederick ALSO PRESENT: DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK Mr. W. E. Knowels, City Manager Steve Harriett, Asst. City Manager Francie Wynalda, Personnel Officer Donna Estes, Sanford Herald William Colbert, City Attorney Jim Cohen, Plant Superintendent Billy Magner, Water Superintendent Jerry Herman, Sewer Superintendent Bernard T. Mitchell Rosa Rotundo Mildred Carver Jan Stuart Chariman Darby opened the hearing at 8:00 P.M., Tuesday, June 28, 1983 with a full quorum in attendance. The hearing was held in the City Commission Chambers. The Chairman opened the discussion re: Appointment of a Board Chairman and Secretary for July 83 through July 84, as required under Section 5 of the Civil Service Act. For the initial action of Board reorganization the Board Secretary was designated by a motion by Dr. Perez, and seconded by Mr. Frederick to be the Acting Chairman. Dr. Darby nominated Bill McQuatters to be the fifth member of the Board, seconded by Dr. Perez. There being only one nomination to the position of fifth member of the Board, the nominations were closed, and Bill McQuatters was unamimously elected to be the fifth member for the coming year. The Chairman called for nominations for Secretary of the Board. Bill McQuarters nominated Dr. Perez to be Secretary to the Board, seconded by Donald Jones. The Acting Chairman called for nominations for Chairman of the Board, Bill McQuatters nominated Dr. Darby as Chairman of the Board, seconded by Dr. Perez. There being but one nomination to the position of Chairman of the Board and the motion having been made and seconded to close the nominations, Dr. Darby was reelected by unanimous vote by all members to be Chairman of the Board for the coming year. The Chairman Dr. Darby then discussed the recommendation from Mack Cleveland re: the injunction to hold executive session of the Board in the Sunshine. He recommended that the Board authorize him to proceed with the settlement of this case and to execute a Stipulation whereby Plaintiffs would waive any claims for costs and attorney's fees that they might have against the Civil Service Board and its members individually and page 2 providing further for the insurance of a permanent injunction prohibiting the Civil Service Board from meeting in executive sessions in hearings such as a Bernard Mitchell matter. Dr. Perez moved that they accept Mack Clevelands recommendation, seconded by Donald Jones. Motion carried unanimously. The Chairman then called for the City Attorney, William Colbert to proceed with the rehearing case of Bernard T. Mitchell. The Board discussed with the City Attorney their options and responsibilities to review and consider Mitchell's work history for the past two years. Gordon Frederick motioned that Mitchell's past work record was not listed as a part of the original charges for dismissal by Steve Harriett, acting as Hearing Officer, but was inappropriately included by the City Manager. That Mitchell's work record should not be considered by the Board. The Chairman then asked that the motion be voted on. Motion died as a result of a second. Another motion was introduced by Bill McQuarters, and seconded by Donald Jones to consider all of Mitchell's work history for the last two years. Motion was carried by a 4 to 1 vote with Gordon Frederick casting the dissenting vote. The City Attorney then called: Jerry Herman, Sewer Collection Superintendent Billy Magner, Water Distribution Superintendent Jim Cohen, Plant Superintendent Steve Harriett, Assistant City Manager Warren E. Knowles, City Manager Each witness was questioned by the City Attorney, cross - examined by.Mr. Mitchell and individual Board Members. The Board then called for closing statements by the City Attorney and Mr. Mitchell. The Board also questioned Mr. Mitchell on his attitude, and his work record. The Board Chairman then called for recommendations from each Board Member as to the disposition of the case. Mr. Bill McQuatters voted to uphold the City's dismissal of Mr. Mitchell. Mr. Jones and Dr. Perez also voted to uphold the City's dismissal of Mr. Mitchell. Gordon Frederick made a motion that Mr. Mitchell's work record should not be considered, and he voted to reinstate the employee, and requested that the Board accept a copy of his findings and opinion, and that they be made part of the official minutes of the Hearing, record. (see attached copies) The Chairman then cast his vote for dismissal of Mr. Mitchell based on Mitchell's work record, and for insubordination and disgraceful conduct. page 3 Therefore, in a 4 to 1 vote, it was the judgement and order of the Civil Service Board that the dismissal of Bernard T. Mitchell by the City of Sanford should be upheld. There being no further business before the Board the meeting was adjourned at 12:30 A.M., June 29, 1983. I Christy Johnson do attest that the attached Findings and Opinion and other attached documents are a true copy of the Originial given to me at the Board Rehearing on June 28, 1983. 0 if In Re: The Matter of the Hearing of BERNARD T. MITCHELL. CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA FINDINGS AND OPINION This case involves the termination of Bernard T. Mitchell, a classified employee of the City of Sanford, Florida. The category of being a "classified" employee simply means that he had completed his probationary period and could thus be terminated only for cause pursuant to the provisions of the Civil Service Act applicable to the City of Sanford, Florida. On April 1, 1983 the employee returned to work after having been suspended without pay as an incident to prior dis- ciplinary action. He was reassigned to a department over which one James Cohen was the superintendent. In his testimony of May 12, 1983 (page 10) Mr. Cohen acknowledged that both Harriett and Knowles commented to him regarding the employee's prior record and while neither Harriett nor Knowles acknowledge having instructed Cohen to keep a closer eye on Mitchell than was kept on the other people, Cohen's actions certainly indicate that he did not follow his normal guidelines with respect to Mitchell. The reason for such scrutiny is obvious though it becomes immaterial in considering the charges brought. Nevertheless, on April 6, 1983 these proceedings were se.t in motion when Superintendent Cohen issued his memo (See Exhibit A) after which Mr. Harriett became involved. Thereafter Harriett instituted disciplinary action (See Exhibit B) wherein Mitchell was charged with misconduct, to -wit: "1. Violation of Personnel Rules and Regulations Sec. 6.0, Para. C, requirement to be prompt and ready for work, to wit: you punched in at 7 AM" "this date, but were not ready to work as you had to go get your hard hat, rubber boots, gloves and pitchfork after you had punched in before you could begin work. This took approximately 10 minutes. "2. Violation of Personnel Rules and Regulations Sec. 11.54 (f)(6), Insubordination and Disgraceful conduct, to wit: when your Supt. Mr. Jim Cohen cautioned you about being ready for work at starting time and explained the City policy regarding this, you became hostile and stated that 'you did not care what the policy was of the City'. Initiation of your termination as a City employee is hereby effected for violations of City policy as listed." Upon request of the employee and pursuant to long standing and prescribed proceedings Mitchell requested that the charges be brought before a hearing officer to determine their sufficiency. It should be noted at this point that Harriett who purportedly acted as Acting Utility Director in the bringing of these charges is also, or in reality, the Assistant City Manager and that it was the City Manager who was called upon to serve as Hearing Officer. Upon consideration of the matter by the Hearing Officer he determined that there was not sufficient grounds as to Charge #1. To be noted is the fact that this charge had as its focal point the time that Mitchell reported for work. Not only did Cohen testify that Mitchell had never clocked in after 7:00 a.m. (starting time) but that over the years many others had clocked in late but that "very seldom have I written anyone up unless they are over 30 minutes late." (Page 9 of transcript) As to Charge #2 the hearing officer found that "There was grounds for charge # two plus hearing officer reviewed file and instructed dept. head to include all other disciplinary actions as background for Bernard's work record. Work record is such to support termination." (See Exhibit B) To be noted at this point is the fact that the hearing officer's proper function was to examine the charges brought beforE him as per Exhibit B and not to add to such charges or to otherwisE attempt to infuse other grounds. At hearings on May 12, 1983 and on May 31, 1983 the Board isolated and considered the Charge #2 as it existed when it was submitted to the hearing officer (See Exhibit B) namely, n 0 "There was grounds for charge # two plus hearing officer reviewed file and instructed dept, head to include all other disciplinary actions as background for Bernard's work record. Work record is such to support termination." and it was the unanimous decision of the Board that the action of Bernard Mitchell did not constitute insubordination and dis- graceful conduct. As to the "new grounds" inserted by the hearing officer the Board was divided as to the propriety of such acts by the hearing officer and whether or not under the charges properly before the Board the Board could properly consider plus hearing officer reviewed file and instructed dept. head to include all other disciplinary actions as background for Bernard's work record. Work record is such to support termination." By 3 - 2 vote in the meeting of May 12, 1983 it was determined that the action by the hearing officer was improper, ineffective and did not justify considering Mitchell's work record. By the same vote of 3 - 2 the dismissal of Mitchell was not sustained. While the employer took effront to the language used in the order to reflect the Board's findings, the result was the same, At this -»--=r,,. the matters referred to above remained unchanged. Consideration of the work record as a charge against Mitchell can only arise by virtue of the hearing officer's conduct which was improper and beyond the scope of his authority. The work record would be properly considered in evalu- ating the severity of the punishment if and only if Mitchell was found to have been guilty of a properly brought charge. The simple and logical reason for requiring that guilt of a properly brought charge must exist before considering the work record lies in the fact that as to each and every disciplinary item in Mitchell's record which is now sought to be relied upon, such disciplinary item was previously considered / u 4 Aeemek Nkc es S�� and pnishment meted out. The impropriety of "trying" (and punishing) Mitchell a second time for offenses already tried and punished is apparent. • His work record could be considered by the Board in determining whether the punishment for conduct on a charge properl made was proper or whether it was excessive. Such a reference to the "record" of a person has great influence upon the punish- ment to be properly imposed. Charge #2 as made by Harriett is not sustained by the evidence. The "additional" grounds embraced within the findings of the hearing officer are improper and are not before the Board. Consideration of the work record is therefore improper. The dismissal of Bernard T. Mitchell was without cause and such dismissal should be reversed under authority of Rule 27, Sanford, Florida , City of JC: When he became hostile and said he did not care about the policy, this was a minor incident I felt like, as far as coming in at seven o'clock - and I just wanted to get it on record that if he did not agree with the policy on getting there on time, what else was he going to not agree with. BC: How did the matter get to Mr. Harriett? JC: I wrote the memo. I passed it on to Mr. Harriett. Showed it to him. Took it back down to the plant to have Bernard look at it. I had him go through the policy manual. Read the policy manual to him. I explained to him, - asked him to sign the memorandum. He said "no ". He wanted to go somewhere else and talk to Mr. Harriett. BC: JC: BC: JC: BC: •JC: BC: JC: BC: JD: BM: JD: GF: JD: GF: JC: 46 ' What would have been the pur.,,ose of his signing the memorandum? Just to get it on record that he had been spoken to and he was aware of what the policy was at that point. If I'm understanding what you're saying is it was Mr. Mitchell who then asked to see the Asst. City Mgr. Yes sir. I, in fact, told him there was no need to go any further as long as he was there and was ready to go to work. Did you have any further involvement in this after the memorandum was written and after Mr. Mitchell refused to sign and then asked to see the Asst. City Mgr.? The involvement came after he was terminated by Mr. Harriett; him being an employee for me, I signed the paperwork also. But you had no other confrontations face to face? He continued to work for me until the point at which was was terminated. I have no other questions at this point. Can you hear the witness Mr. Mitchell? Yes. Are there any questions that the board has for the witness? I've got some. Well, we can start then to begin. You indicated that other of your employees had problems with punching in at seven and that you've talked with several of them over the years. Is this correct? Yes sir Can you recall about how many of those you've had the occasion to talk to over the years about not being able to check in at seven and not meeting what you wanted or being almost late? JC: Well, I have 19 employees and in the past seven years, numerous times and very seldom have I ever written anyone up unless they are over 30 minutes late and on numerous occasions I have suspended them over several days for being late. I was not wanting to suspend him or do anything other than talk to him and find out what the reason was for him coming in right at seven o'clock. GF: When you use t'e woad I've not -ritten them up, are you speaking now of the same memorandum that you wrote on Mr. Mitchell. Is that what you call writing them up? JC: Yes. GF: Is this the first time that you know of, that you became aware of, when Mitchell . checked in right at seven o'clock? JC: Yes sir. fie had only worked, this was his fourth or fifth day I believe. GF: Was he ever late? Actually late? JC: No, he was not late. f ` GF: JC: When Mitchell was transferred to your department was that at Mitchell's request or do you know? No sir, it wasn't as far as I know. GF: Do you know how the transfer came about? I know he was working in another department before, wasn't he? JC: I had a vacancy and I was. aked if I would hold it open for Bernard Mitchell to come back to work. GF: Do you recall who made that request of you? JC: The personnel department and the city manager. GF: Was it Mr. Knowles or .... (unclear JC: Mr. Knowles GF: Were you given any comments about Mr: Mitchell prior to the time he started working for your department about his past record? JC: Yes sir. There was a conversation. GF: By whom? • JC: Well, I work pretty closely with the other departments, and the superintendents of the water and sewer, and I heard conversation as to how much trouble they had had with him. GF: Did either Mr. Harriett or Mr. Knowles make any comment to you when the man was transferred to your department about his prior record? JC: Yes sir GF: Which one? JC: Both of them GF: Did they have any conversation with you regarding keeping a close eye on him? JC: Not as such as what you are getting to. I was told that he could be a problem. GF: Were you instructed to keep a closer eye on him than on the rest of your people? JC: No sir JD: Mr. McQuatters BMc: That answers the bulk of my questions. I would like to know from you when you • first discussed with Mitchell about his problems being late - -were you trying to help Mr. Mitchell become a better employee? JC: Yes I was BMc: I'm out of questions. JD: When you -Oh, just a minute Mr. Mitchell. How long does it take an employee usually to get ready to go to work. He has to have certain protective equipment out there; is that it? JC: It's according to what job he's going to that day as to what he's going to be wearing. But that morning when Bernard came in he still had his lunch bag in his hand and had to go to his locker to put it up, get his hard hat on and report back by and find out what he's going to do. JD: Usually in your department does it take a while to get to the job site from . where they check in? JC: They're actually at the job site when they check in. He has roughly a 15 second walk from his car to the time clock. That':: what he done. He got out of his car and went to the time clock, and from the time clock is roughly 300 feet to a barn where the locker is and where his paraphernalia is at. JD: So it would just take a matter of a minute or two? - -, n- to File: Re: Bernard Mitchell Violation of City of Sanford Personnel Rules & Regulations Section 6.0 - C CITY OF SANFCRD CIVIL SERVICE B") -tikL 4/6/83 0 On April 6, 1983, Bernard reported to work at exactly 7:00 A.M. I tried' to counsel him and told him that he was almost late, that he is expected to be here in rime to go to work at 7:00 A.M. It took him ten more minutes to get himself ready to start work. Bernard became very hostile and advised me that he did not care what the policy was of the city, and that as long as he punched in on time, and if I did not approve, then we could take it to a higher place. I told him that we were not going higher, that he was working for me and I expect him to be ready for work when everyone else is, and that is at 7:00 A.M. Bernard shows a total disregard for City of Sanford policy and is unwilling to accept constructive criticism. Bernard has been verbally warned to be ready for work at 7:00 A.M. C.C. Personnel Bernard Mitchell James A. Cohen, Plants Supt. A::n"4( __/n S7!�j� Be and Mitchell t I II. • • F,!` L'. DISCIPLINARY ACTION REPORT (To be completed by initiating 0- oartment) CITY OF SANFORD CIVIL SERVICE BOAR) DATE: April 6, 1983 TO Bernard T. Mitchell FROM: Steven D. Harriett DEPARTMENT: Utility Acting Utility Director DIVISION: Plant You are hereby notified of (an initiation of consideration of) disciplinary action against you for misconduct which was not in the best interest of your employer to wit (include all details): 1 Violation of Personnel Rules and Regulations Sec. 6.0, Para. C, requirement to be prompt and ready for work, to wit: you punched in a 7 PM this date, but were not ready to work as you had to go get your hard hat, rubber boots, gloves and pitchfork after you had punched in before you could begin work. This took aporoximately 10 minutes. Violation of Personnel Rules and Regulations Sec. 11.54 (f)(6), Insubordination and Disgraceful conduct, to wit: when your Supt. Mr. Jim Cohen cautioned you about being ready for work at starting time and explained the City policy regarding this, you became hostile and stated that "you did not care what the policy was of the City ". Initiation, of your termination as a City employee is hereby effected for violations of City policy as listed Type of Disciplinary Action: El Reprimand ❑ Demotion ❑ Suspension For Days Without Pay Q Dismissa: Your status is as follows: x Classified Probationary Employee TO THE EMPLOYEE III. x You understand that as a Classified Employee, you shall be notified by the Personnel Office within One (1) working day from the date of receipt of this notice, of an opportunity for an apF�s hearing before a hearing officer. If you wish to expedite your request for a hearing, you may report in person to the Personnel Office for details. ac: a probationary Employee, you have the right a•., ac ni tlined I` 0 0 MACK N. CLEVELAND, JR. JACK T. BRIDGES MICHAEL E. GRAY CLEVELAND & BRIDGES ATTORNEYS AND COUNSELORS AT LAW June 28, 1983 Dr. John F. Darby, Chairman and Members, Civil Service Board of the City of Sanford City Hall Sanford, Florida 32771 Re: Sentinel Communications Company and Leslie Kemp Poole, Plaintiffs, vs. Civil Service Board of the City of Sanford, Florida, John Darby, et al. Gentlemen: PICO BUILDING 209 NORTH OAK AVENUE P.O. DRAWER Z SANFORD, FLORIDA 32771 TELEPHONE 322 -1314 I assume you have received a copy of the Temporary Restraining Order entered by Judge Leffler on June 15, 1983, together with a copy of my letter of June 22, 1983, wherein I made reference to the fact that I might submit for your consideration further recommendations. Since the hearing before Judge Leffler, I have been in contact with David Evans, attorney for Plaintiffs, and he has advised me today by telephone that his clients are willing to waive any claims they may have against the Board and individually for attorney's fees and costs in the event we were willing to stipulate for the entry of a Final Order providing for a permanent injunction prohibiting the Civil Service Board of the City of Sanford from engaging in any executive sessions regarding any such hearings of the Bernard T. Mitchell type. The case we relied on at the time of the Temporary Injunction Hearing has not been specifically overruled by the Florida Supreme Court and in view of that fact, it appears that this might provide a basis for pursuing this matter further in order that the Supreme Court could speak to the matter of a Board meeting in an executive session while exercising its quasi judicial function. However, in view of the substantial expenses that would be involved and also subsequent cases ruled upon by the Supreme Court and other Appellate Courts in Florida, it appears to me that it would not be economically feasible for th Civil Service Board and the City of Sanford to pursue this matter further in view of the attitude of Plaintiffs to reso- this matter as suggested above. n is r� I►J Dr. John F. Darby, Chairman and Members of Civil Service Board Page 2 - June 28, 1983 My recommendation to the Board is that you would authorize me to proceed with the settlement of this case and authorize your Chairman to execute a Stipulation whereby Plaintiffs would waive any claims for costs and attorney's fees that they might have against the Civil Service Board and its members individually and providing further for the issuance of a permanent injunction prohibiting the Civil Service Board from meeting in executive sessions in hearings such as a Bernard Mitchell matter. If you desire to discuss this matter with me I will be happy to do so, but I believe the favorable consideration of this recommendation would be in the best interest of all concerned in view of the existing circumstances. Please advise. Respectfully yours, CLEVELAND & BRIDGES ,sack N. Cleveland,. Jr.r MNC j r / mg cc Gordon V. Frederick, Esquire Mr. Donald R. Jones Mr. William McQuatters Luis M. Perez, M.D. Mr. Warren E. Knowles, City Manager William A. Colbert, Esquire, City Attorney 0 14 New Business: 1. The Board Secretary called for nominations of a temporary Chairman for the Annual Re- organization of the Board. The Board by unanimous vote, designated the Executive Secretary as acting Chairman for the initial action of Board re- organization. The Acting Chairman, here -in -after referred to as the Chairman, called for the first order of business, the nominations of the fifth member of the Board. Dr. Perez nominated Mr. Merle W. Warner to be the fifth member of the Board. Mr. Jones seconded the nomination. Dr. Darby moved that the nominations be closed. Motion seconded by Mr. Jones. !notion carried. There being but one nomination to the Position of fifth member of the Board and the nominations having been closed by unanimous vote, Mr. Merle VT. Warner was unanimously elected by the Members of the Board to be the fifth member of the Civil Service Board for the coming year. 2. The Chairman next called for the nominations for the office of Chairman of the Board. Dr. Perez nominated Mr. Merle W. Warner to be the Chairman of the Board. Dr. Darby seconded the nomination. Mr. Morris moved that the nominations for Chairman of the Board be closed. Motion seconded by Mr. Jones. Potion carried. There being but one nomination to the position of Chairman of the Board and the motion having been made and seconded to close the nominations, Mr. Warner was elected by unanimous vote of all members to be Chairman for the coming year. In view of the election of the regular Chairman, the Acting Chairman stepped down and the elected Chairman assumed the seat. 3. The Chairman called for nominations of the Secretary of the Board. Mr. Jones nominated Dr. Darby for the position of Secretary. Dr. Perez seconded the nomination and further moved that the nominations be closed. page 3 Therefore, in a 4 to 1 vote, it was the judgement and order of the Civil Service Board that the dismissal of Bernard T. Mitchell by the City of Sanford should be upheld. There being no further business before the Board the meeting was adjourned at 12:30 A.M., June 29, 1983. I Christy Johnson do attest that the attached Findings and Opinion and other attached documents are a true copy of the Originial given to me at the Board Rehearing on June 28, 1983. � #I EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE BOARD CHAIRMAN DONALD R. JONES OF T" SECRETARY C I T Y OF S A N F O R D LUIS M. PEREZ faSANFORD. FLORIDA 32771 BILL McOUATTERS EMPLOYER - EMPLOYEE GORDON FREDERICK -FOR BULLETIN BOARD POSTING-- To: All Civil Service Employees From: Christy Johnson, Civil Service Board Secretary' Date: June 16, 1983 Subj: Agenda for Civil Service Board Hearing of June 28, 1983. 1. Section 5 of the Civil Service Act, Organization of the Civil Service Board: Board appointment of a Chairman and a Secretary, for 1983 -84 year. 2. Bernard T. Mitchell hearing. • 3. Notice: There will be no regular Civil Service. Board meeting for the month of July. �7- Office Memorandum - - - To City Manager From : Fire Chief Subject: EMT CITY OF SANFORD, FLORIDA Date: 6/14/83 This is to inform you that of the 15 firefighters taking the State EMT final exam, 14 successfully passed. Firefighter Sid Hawkins did • not pass the exam and as you are already aware Firefighter James Benton did not qualify to take the final State exam. Measures have already been initiated to have these remaining two firefighters successfully complete the course. JTH /ch �J W.C.Gailey (' Fire Chief EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE 130ARD CHAIRMAN DONALD R. JONES OF TM! SECRETARY • C I T Y OF S A N F O R D LUIS M. PEREZ SANFORD, FLORIDA 32771 BILL McOUATTERS EMPLOYER - EMPLOYEE June 15, 1983 GORDON FREDERICK Bernard T. Mitchell 2714 W. 23rd St. Sanford, F1. 32771 CERTIFICATE OF SERVICE The undersigned, as a duly appointed Police Officer of the City of Sanford, Florida, hereby certifies that this notice of rescheduling • of heari ng was personal ly served on 74- at '/y (4iW.1 P.M.) , this /s of June 1983. Officer's Signature • An;odd couple of rough riders Apache, a 12- year -old golden retriever, seems to like the life of adventure and hitches a ride on a speeding jet ski on a Panama City. lake. ASSOCIATED PRESS Bay Point Marina worker Rob Hofer takes the dog out for a wet spin Tuesday, giving them both a chance to cool off: r , Board barred from holding closed meetings By Michael Brennan mission chambers and discussed sion, according to the suit and _rehearing the fired Sanford utili- Poole's testimony. ' OF THE SENTINEL STAFF -ties employee's case in the city Darby testified Wednesday that manager's conference room be- the ,executive sessions are "a �SANFORD — A circuit judge hind closed doors. practice we have followed for 15 . issued a temporary injunction Sentinel Communications, with years. We deliberate among our - Wednesday barring the Sanford Poole as a party to the suit, is su- selves, usually in a separate room, Civil Service Board from holding ing the board and its individual sometimes in the same room." fujuie closed meetings reg4ding members. The suit asks that all Mack Cleveland, who was cho- a fired city worker. future meetings be held in public sen by the board Wednesday Sentinel Communications Co., and that the defendants pay all morning to represent it in the publisher of The Orlando Senti- court costs. The board has no suit, argued that the board had a • nil, -had sued, claiming that the budget. "quasi-judicial" role in its deci- b violated Florida's Sunshine. Darby testified Wednesday that sion whether to give the fired when it prohibited reporter Donna Estes, a reporter for the worker 'a rehearing. He said that Les to Kemp Poole from attending Sanford Evenirig Herald, was role gave the board an exception ad "executive session" When the standing in the doorway of the to the Sunshine Law under an ap- c4se was discussed. conference room attempting to peals court ruling. - - '"The established law seems to enter just before ,the meeting be- In ruling Wednesday, Leffler e clear: meetings of the Civil ; gan. He said board member Gor- barred the-board from closing fu- ervice Board of Sanford are re- don V. Frederick spoke with her, ture hearings on -that case, but quired to be conducted "as then closed the door and the said he was "reluctant" to issue a public meetings. All portions -of, meeting began. permanent injunction against all and every part ' of the meetings - Frederick, who is also a private closed sessions - because "excep must be open,' said Circuit Judge attorney, testified Wednesday tions may exist –under circum- �; Kenneth M. Leffler. that Estes asked him if they were stances the court does not cur- *"The executive session held going to close the door. rently perceive." May 31; 1983, was 'not entirely, ; "1 told her if she got out of the A final hearing will be sched- open to the public." / way it would close itself," he tes- uled to decide the request for a Sanford City Attorney Bill Col- tified. "I told her we weren't go- permanent injunction, Leffler bert had objected to the executive ing to start_ with her in the said. Attorney David 'Evans, rep- 1 session, and board Chairman Dr.. doorway."' _ resenting Sentinel Communica- John Darby did not vote on hold- Board members deliberated for tions, said he is confident he will ingAhe session. - one hour, voted to reconsider the reach an agreement with Cleve - After the 4 to 0 vote, the suit case, and returned to the commis- land that the board "will not meet s the board left the city com- sion room to announce their deci- any more in executive session." r a Huge Whirlpool Beauty Baths • . Dry. Heat Sauna Baths • Year Round Tan Rooms • Complexion Cleansing Steam Baths • Indoor • Heated Swimming Pools •Large Fitness Conditioning Areas • In- :r _ dividual Programs 8, Personal Supervision. EQUAL PROTECTION EMPLOYER- EMPLOYEE DR. JOHN F. DARBY CIVIL SERVICE 13CAPD CHAIRMAN DONALD R. JONES OF THE SECRETARY CITY OF SANFORD LUIS M.PEREZ SANFORD, FLORIDA 32771 BILL WOUATTERS GORDON FREDERICK Minutes of Special Meeting Civil Service Board June 15, 1983 Members Present: Also Present: Dr. John Darby, Chairman Mr. W. E. Knowles, City Manager Donald Jones, Secretary Steve Harriett, Asst. City Manager Dr. Luis Perez Francie Wynalda, Personnel Officer Bill McQuatters Donna Estes, Sanford Herald Gordon Frederick Mike Brennan, Sentinel Star Chairman Darby opened the meeting at 9:30 A.M, Wednesday, June 15, 1983 with a full quorum in attendance. The meeting was held in the City Manager's Conference Room. The Chairman asked for names of attorney's who would represent the • Civil Service Board in a suit filed by the Sentinel Communications Co. (Sentinel Star). Donald Jones suggested Mack Cleveland to represent the Board, seconded by Dr. Luis Perez. Motion made Dr. Darby that the City of Sanford hire Mack Cleveland to represent the Civil Service Board in this suit. Motion passed unanimously. The Chairman then brought up discussion in reference to changing the Hearing of Bernard T. Mitchell from Wednesday, June 15, 1983 to Tuesday, June 28, 1983, at 8:00 P.M., in the City Commission Chambers, Motion by Dr. Darby, seconded by Donald Jones. Motion carried unanimously.. There being no further items for discusssion on the agenda, the Chairman adjourned the meeting at 9:45 A.M 0 l c, deveIop(. r com tienue Colbert saia %vhilc the city will sponsor the I' a bonds for the project, the city will have no 1 Mare. on responsibility for their payment nor will the prat the ,city's credit be pledged. In another matter, City Manager W. E. "Pete" � ..rri• �s mow. � .f ;: i�• l .„ 'Herald Photo by Jane tanelberry iceman closed Tuesday afternoon when .a strange odor re was made some Ill_ - �1 q ay U i plo +ees. Treated. iNMM. 2 j P O r De, t ' own description of the odor. It was bronehials, lungs nose and eyes and ecAWd 1680me, he added_ - rida Re- • , losed as, ' ° complaining of symptoms the side the to Cloy up until the source could ,±, mod- The store was closed to Yees were sent home about 3.30 itis as a, . cal were Cyn" .. sYstem is on computer so 'it Vind t , ', soon as P-410, F. -il c, s_: d the clause ,hie _ the r;ght to repurchase the land i. c )uicnt was not begun within a certain -Aber of } g .a months made it difficult to finance -i -. project. The City Commission said it would -r dove the reverter clause for a payment of $543Z, Robert G. Feather leveland p.resen s, lvi I ., oa r Representing the Sanford Chl The board also excluded an Service Board in its first cast* Evening Herald reporter from the appearance today on a charges( 55- minute executive session, held in violating -the "government in tie the City Commission Conference sunshine" law was Mack N. Clem-. Room at City Hall. The closed door land Jr., a Sanford attorney. session was held despite a warning Cleveland, a former legislator a::d from City Attorney Bill Colbert that veteran of 20 years on the cites the board members could be pro - Civil Service Board, was retains; seeuted as individuals for the after the five- member board unazs, misdemeanor of- violating the sun - mously voted to select him at a shine law if they held the meeting. special meeting this morning. He noted at the time that the board No other attorney was discusstd members could escape prosecution by the group. City Manager W. E. if they were acting under the advice "Pete ".. Knowles contacted Cleat- of the. board's attorney. But, he land for the. board and got b4 noted that Gordon Frederick was agreement to handle the court Fast only a board member and not its Knowles told board members tbtr attorney. Cleveland wished all "tide to " be The board decided to hold the present"for a hearing before Circe meeting after `Frederick gave them Judge Kenneth Leffler which %vv& . the opinion that the board is similar scheduled, for 2 p.m. today ,at the to a judicial body and acaarding to Seminole County Courthouse. an appellate court decision An in Gtr. Luis Perez said the board ' Tallahassee a board of this type can I chose Cleveland because of his vast meet behind closed doors. knowledge of the Civil Service According to the state law which Board gained during his 20 years ct created the board, the city must pay services. Cleveland was elected 14 for its legal defense and earlier this consecutive times to two -year terms week the City Commission by the city employees. authorized the hiring of an attorney I to represent the board. Colbert The board also voted unanimous could not represent the group ly to reschedule a rehearing of a because of an apparent conflict of S case involving a city employee for 8 interest in that he is representing p.m. June 27. The rehearing was the city in a battle with the board slated for tonight before the lawsuit I over a decision concerning a terms was filed by the Orlando $entinel. noted city employee. The basis of the newspaper's soft . The lawsuit against the board revolve's- "around the board's refusal asks the court to levy attorney fees to permit the press and the public to and court costs against the board attend a closed door meeting May and its individual members. i 31 'when the board discussed It is thought this is the first time whether to grant a rehearing to the the almost 40- year -old board has 1 city on a case involving a fired city been involved in • a court case. employee, Bernard Mitchell. — Donna Estes. TODAY Action Reports ............................2A People............. Around The Clock ......................AA Sports .............. RridnP - - ------------ _ ........... 68 Television ................... 1 -3 B ...................7 -9A 7R • u 0 o m IN THE CIRCUIT COURT OF THE 18TIJUDICIAL CIRCUIT OF FLORIDA, S- 'MINOLE COUNTY, FLORIDA CIVIL DIVISION SENTINEL COMMUNICATIONS CO'1PANY a.nd LESLIE KEMP POOLE, Plaintiffs, V-13i . CIVIL SERVICE BOARD OF THE CITY vF SANFORD, FLORIDA, JOHN DARBY, C6RDON FREDERICK, DONALD R. JONES, W': LLLIAM McQUAR.TERS , and LUIS 11. PEREZ , Defendants. SUMMONS Case No. -15'72 - Cel -/7- L THE STATE OF FLORIDA: Tp Each Sheriff of the State: YOU ARE HEREBY COMMANDED to serve this summons and a co o' the complaint *or petition in this action on defendant copy LUIS M. PEREZ 436 S. Virginia Avenue !' Sanford, Florida 32771 ii i ;i Eac:l defendant is hereby required to serve written defenses to the complaint or petition on DAVID L. EVANS, ESQUIRE plaintiff's attorney, whose address is Post Office Box 2854 ! Orlando,.Florida 32802 (3 05) 425 -9044 ;i 't w ;;thin 20 days after service of this su-r,,nons on that defendant, exclusive ef; the day of service, and to file the original of the defenses with the clerk of this court either before ser.,ice on plaintiff's attorney or il-unediately, thereafter. If a defendant fails to do so, a default will he entered agAinst that defendant for the relief remanded in the complaint cr petition. DASD on JUNE 19 83 *arid Notice of . fcr Temporary i3 ij Application Restraining Order (COURT SEAL) 3 Clerk of Circuit Court SE2IINOLE COUNTY, FLORIDA BY: T2 U 4W'l As Deputy C er • IN T�E C.IRCU'IT COURT IN Al,., FOR SE:. -OLE COUNTY, FLORIDA CAST. NO. X3 -i< ---/; _ C.4 -. /7- L SENTINEL COMMUNICATIONS CurIPANY and LESL? KEIMP POOLE, ,I a vs. r- -I L -A Plaintiffs, CIVIL SERJIC;E BOARD OF THE ;,•TTY OF SANFORD, rLOPTDA, jOHN DARBY, GORDON FREDERIC.Kr DONALD R. JONELS; WILLIAM MCQUATTFRS, al:d LU1.� M. PEREZ, Defendants, Plaintifts SENTINEL CO3- ',MUN1CATION:; k;Oi•PANr, ai,d LESLIE' KEMP PO01,E, by znllj th-ough { -hei:, Lluders? ,nea Btt-Orneyr, Sl]e the CIVIL SERVICE BOARD OF THE CITY OF SANFCRD, FLORIDA, JOHN DARBY, GORDON FREDERICK, DONALD R. JONES, ;WILLIAM ACQUATTERS, and LUIS M. PEREZ as and constituting sui6 Board, and individuul!y, and allege as follcxs < !I 1. Plaintiff SENTINEL CO,MMUN !CAT T-ONS COMPANY, ( hereinafter �Ireferred to as ":�:c »TINt;L "), a Delaware rl—,- :ration, is the pub 14 N i I Ii of 1; �rlandc, Sentine2.1, a daily newsruper of general circulation �) in Seminole Count Florida , _y, orida an,. �hrougL.ou� Central Florida. 2. Plaintiff LESLIE hEM POOLE; (hereinafter referr-u to as "POOLE") is a resident of Orange County, Florida and is employed by SENTINEL as a news reporter with the responsibility 11 of gathering news of proc_eaings at public meetings for 1-JAi.::seminatio1, eguitanIc to the public through the newspa:i�r published by Plaintiff SEN-INf -,. 3. The CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FIi.;RIDA, (hereinafter referred to as "the Board") , is a manic: pal board created �y Species'_ Act, Chap:-el (1 -2791, H.B. No. 255" Taws of Florida, 1961. 4. JOHN DARBY, CORDON FREDERICK, DONALD R. JO; ES, Fti'ILLIAc� McQUATTERS, and LUIS M. PEREZ (hereinafter colleccive?u referred j to as "Board Members ") are residents of Seminole County, Flo -iAa, I and constitute the members of the Board. 5. The mattei: before this Court is within the eguitanIc jurisdiction of the Court under the provisions of Florida Statut:_s • I • �f i} 4 i� t! SENTINEL COMMUNICATIONS COMPANY and LESLIE KEMP POOLE, Plaintiffs, VS. IN THE CIRCUIT COURT, IN AND FOR SEMINOLE COUNTY, FLOn.IDA CASE NO. E3- 1572- CA -17 -L CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA, JOHN DARBY, GORDON FREDERICK, DONALD R. JONES, WILLIAM McQUATTERS, and LUIS M. PEREZ, ii �i Defendants. TO: AMENDED NOTICE OF APPLICATION FOR TEMPORARY RESTRAINING ORDER CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA c/o John Darby, Chairman of the Board Agricultural Research & Education Center Celery Avenue Sanford, Florida JOHN DARBY Agricultural,Research & Education Center Sanford, Florida GORDON FREDERICK 116 North Park Avenue Sanford, Florida DONALD R. JONES 1919 South Sanford Ave. Sanford, Florida WILLIAM McQUATTERS First federal Savings & Loan Association 312 Wert First Street Sanford, Florida LUIS M. PEREZ 436 S. Virqinia AVE!nue Sanford, Florida YOU ARE NOTIFIED that on Wednesday, June 15, 1983, at 2:00 o'clock P.M., before the Honorable Kenneth 14. Leffler, Circuit Judge, in the Seminole County Courthouse at Sanford, Florida, Plaintiffs will apply to the Court for a Temporary Restraining Order enjoining Defendants from holding any meetings of the Civil Service Board of the City of Sanford, Florida, that are closed to the public in violation of Florida Statute 9286.011, in violation: of the Special Act by which the Board was created, and in violation of Rule 26(4) of the Board. j DATED: June 13, 1983. �i DA L. EVANS j of Mateer, Harbert, Frey, Bechtel & Phalin, P.A. Post Office Box 2354 Crlando, Florida 32802 (305) 425 -9044 Attorneys for Plaintiffs i I! 5286.011, and due to the inadequacy of any legal remedy. 6. On March 10, 1983, May 12, 1983, and May 31, 1983, within Seminc-le County, Florida, the Board dial, with a quorum present, conduct closed meetings at which official acts were taken. The public was excluded from said meetings, which were conducteC in secret behind closed doors. At the meeting of the ioard held May 31, 1983, by a 4 -0 vote of the Board Members, with JOHN DARBY abstaining, the Board voted to meet in private and left the public meeting area to meet in a private office. Such action was taken over the express objection of Plaintiff POOLE. 7. The acts of the Board and Board Members as aforesaid violate Florida Statutes 5286.011. 8. The acts of the Board and Board Members as aforesaid violate the Special Act by which the Eoard was created, which states, at Section 37(4): "All hearings shall be open to the public." 9. The acts of the Board and Board Members as aforesaid I violate Rule 26(4) of the Civil Service I?oard which states: "All hearings shall be open to the public." 10. The meetings closed by the Board were not closed upon the advice of counsel. The May 31, 1983 meeting was closed and held in private over the express objection of the City Attorney of Sanford, Florida, William Colbert, Esquire, who expressly advised the Board and Board Members, prior to the closure of the meeting, that said closure was contrary to Florida Statutes 5286.011, the Special Act creating the Board, and Rule 26(4) of the Board. 11. Unless enjoined by this Court from holding such closet meetings at which official acts are taken, Defendants will conduct additional closed meetings of a like kind in violation of the laws of this State, as a result of which irreparable injury will be done to the State of Florida and to the general public. 12. Plaintiffs have retained the law firm of Matcar, Harbert, Frey, Bechtel & Phalin, P.A. to represent them in conn�ctiar, 2 r 0 C: I• i this ?ct"* and have agreed tc Da a reasonabl fee for �I 5 _ Y � the services of said firm. I I I I I„ WHEREZ"CIRE, ?plaintiffs pray treat tr_is Court will take' juris- i diction of this natter ar:i _-sue a r-errr,nr ?ry restrainin order, I i; W ith notice, enjoin: -a <; - es- rain'ng t;:ie Board and Boa � Meribers from iolding any •_iosed meetings, formal or i n formal, At which � I official acts deliberations are taken. Plaini.ifr further i pray that upon further and final hearing, said temporary order I be made peimanent, and reques, such other and furthe� relief as may..be just and equitable, and for Plaintiffs' c s }s and reasonable attorneys' fees to be assesseld against tle Board and the individual Board Members pursuant to Florida �tatutes 5286.011(4). 3 WI- LTJ�M IG. MATEER, ESQUIRE v ID L. EVANS, SQUIRE Mateer, Harbert, Frey,J Bechtel & Phalin, P.A.i 100 East Robinson Street Post C►fiice Box 2854 Orlando; Florida .32802i' (305) 425 -9044 1 Attorneys for Plaintiffs P CIVIL SERVICE BOARD OF CITY OF SANFORD, FLORIDA j i 6 IN THE MATTER OF THE HEARING OF BERNARD T. MITCHELL ) This cause coming on to be heard pursuant to application for hearing filed with the Civil Service Board of the City of Sanford, Florida by Bernard T. Mitchell, and after due notice being given in accordance with the law, rules and regulations of the Civil Service Board of Sanford, Florida, and a public hearing having been held, and the Civil Service Board hearing all evidence, and testimony and law presented inbehalf of the parties, and the Civil Service Board being fully advised in the premise, and after careful consideration and deliberation, it is therefore; The JUDGEMENT AND ORDER of the Civil Service Board that Bernard T. Mitchell is not guilty of insubordination and disgraceful conduct and therefore the dismissal of Bernard T. Mitchell by James A. Cohen, Steve Harriett, and initialed by Warren E. Knowles is not sustained effective as of April 6, 1983. Done and Ordered by a majority vote of 3 to 2 by the Civil Service Board on the 12th day of May, A.D. 1983, City Commission Room, City Hall, Sanford, Seminole County, Florida. ATTEST: DONALD JONES BILL MCQUARTERS ATTEST (NOTARY) --BOARD SE A CHRSITY U. JOHN sty Dom"iAH n'" S0 *4 W 9.1983; COMMISSION XPIRES DP/ JOHN F. DARBY CHAIRMAN DR. LUIS M. PEREZ I HEREBY CERTIFY that a true copy thereof has this day of May 1983, been furnished to: IS All Civil Service Board Members Civil Service Board Secretary Bernard T. Mitchell' Personnel File City Manager, Warren E. Knowles Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Water Superintendent, Billy Magner Sewer Superintendent, Jerry Herman Plant Superintendent, Jim Cohen (Also acting Public Utility Director) EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE 130ARD CHAIRMAN DONALD R. JONES OF THE SECRETARY • C I T Y OF S A N F O R D LUIS M. PEREZ SANFORD. FLORIDA 32771 BILL McOUATTERS EMPLOYER - EMPLOYEE GORDON FREDERICK TO: ALL BOARD MEMBERS AND CITY EMPLOYEES FROM: Christy Johnson, Civil Service Secretary DATE: June 3. 1983 SUBJ: June 9, 1983, Civil Service Board Meeting The regularly scheduled Civil Service Board meeting for June 9, 1983 has been cancelled. • The Civil Service Board will be holding a rehearing on Mr. Bernard T. Mitchell June 15, 1983, at 8:00 P.M. in the City Commission Chambers. This rehearing is open to the public. • EQUAL PROTECTION EMPLOYER- EMPLOYEE CIVIL SEPVICE 130ARD OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 Sanford Civil Service Board Special Board Meeting DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL MCOUATTERS GORDON FREDERICK There will be a special meeting of the Civil Service Board on Wednesday, June 15, 1983 at 9:30 A.M. in the City Manager's Conference Room in the Sanford City Hall. AGENDA 1. To discuss and select an attorney to represent the Civil Service Board in the suit with the Orlando Sentenial, and Leslie Kemph Poole. 2. To discuss the possibility of rescheduling the rehearing of the Bernard T. Mitchell case from the present hearing scheduled for June 15, 1983 at 7:30 P.M. John F. Darby Chairman June 14, 1983 L3 t' I 0 0 ents probably. would petition- the court for a rehearing.- ' - Issued with unusual speed — just. three days after oral argu- ments s — the ruling reversed a de- cision by the 1st District Court of Appeal striking down the fund. They justices' did not immediately explain their reasoning but prom- ised a detailed opinion later. The Legislature created the fund in 1975 to protect doctors and hospitals against million -dol- lar malpractice judgments by pro- viding excess coverage beyond the policy limits of normal insurance. About half of Florida's hospitals joined the fund. Since then, all have pulled out A' three -judge appeal panel ruled May 17 that the Legislature In addition, he said, if forecasts are correct the hospitals will have to pay another $23 million in as- sessments for fund years 1977 -78 and 1978 -79. Hospitals might have to pay $100 million to cover claims over the seven -year life of the fund. "If the projections of the actu- aries for the PCF continue to be as accurate as they have been, it will result in 120 members having to pay $100 million in doctors' losses they did not anticipate,'•' Wilkinson said. The Legislature has passed a bill, now awaiting Gov. Bob Gra- ham's signature, that would re- move the cap on doctor rates.. The legislation also would abol- ish the fund if it fails to do $5 mil- lion worth of business by July 1. Once again, Jennings was con- victed in Brevard Circuit Court of kidnapping, sexually battering and murdering the girl, who was abducted from her bedroom. Quarles argued that Jennings, who had along history of psycho- logical problems, should have been certified a mentally disor- dered sex offender .by the trial court. That would have meant Jennings -would have received treatment before sentencing. Quarles said that the jury, which recommended death on a 9 to 3 vote, might have been influ- enced by a possible cure to urge al prison term instead. There was no indication when the justices would rule on the request. Sentinel sues, board over-closed By Jim Leusner OF THE SENTINEL STAFF Sentinel Communications Co., publisher of The Orlando Sentinel, sued the Sanford Civil Service Board and its five- appointed members Thursday, charging that they violated Florida's Sunshine Law on May 31 by barring a newspaper reporter from a portion of a public meeting. The suit, filed in Seminole County Circuit Court, said the board and its members, Dr. John Darby, Gordon Frederick, Donald Jones, William McQuat- ters and Luis Perez, should not have barred Sentinel reporter Leslie Kemp -Poole from the meeting. Sentinel Communications asked for a temporary and permanent restraining order to prevent the board from holding any future closed meetings. It also asks that the board, which has no budget, and its individual members pay the newspaper's attor- neys fees and court costs. "This suit is based on the rather patriotic idea that government has no right to conduct the people's business in secret," said Sentinel Executive Edit Steve Vaughn. Kemp - Poole, who also is named as a plaintiff the suit, was barred from a one -hour portion of tl meeting while the board voted to reconsider tl case of a Sanford utilities department employee wl was fired for insubordination, disgraceful condu and poor job performance. The board voted 4 to 0 to hold a private, "exec tive session" over objections by Sanford City Attc ney Bill Colbert. Board Chairman Darby did n vote. Darby said Frederick, who is also a private attc ney, advised other board members during the me( ing that the panel was allowed to meet in privat Darby said Frederick told the board that.it was co sidered.a "quasi- judicial body" and was entitled .meet to "deliberate" over personnel decisions: "It seemed that the law was very indefinite, as f. as the cases he was citing to us," said Darby, a 1 year member of the board. "It's not cut and dry by long shot. We've always done it. I think the who thing is foolish, to make such a big to -do about it." Defendant skips end of trial --- By Louis Trager OF THE SENTINEL STAFF Stephen Small missed the third act of a courtroom drama Thursday- His trial on charges of battery on a law enforcement officer and resisting arrest with violence. • -- After hearing the first two days of evidence and lawyers' arguments, and testifying himself Wednes- day, Small may have known how the story was going to turn out. Or perhaps he just got bored. In any event, when the players reassembled Thursday morning for Orange County Circuit Judge Lawrence Kirkwood's instructions to the jury, the 24- year -old Union Park man was nowhere to be found, said his lawyer Assistant Public Defender James Auffant. Small Kad been released on $1.000 his convictio dates, including trials, prosecutor Jim Lewis said an interview. But "it's rare when they come to a U and leave in the middle of it," he said. Witnesses said Small, 1214 Overdale St., thre ened neighbors with a hatchet Feb. 6. After plak hide - and -seek with Deputy Sheriff Ron Delis Small crawled out of a hole in the side of his hot and dragged Delisle inside, the deputy testified. Small hit him with a board, punched and kicl+ him, the deputy said. The defendant and his w testified that it was the other way around. Despite his disappearance, the show went on. Z jury took about 15 minutes to find Small guilty, a he faces a maximum sentence of five years in pri: if he is found. Kirkwood issued a warrant for Small's arrest a deputy sheriffs were searching for him Thursc EQUAL PROT[CTION 04 EMPLOYER-EMPLOYEE r1 � J NEW BUSINESS: CIVIL SERVICE BOAPD OF THE CITY OF SANFORD SANFORD. FLORIDA 82771 SPECIAL MEETING CIVIL SERVICE BOARD MEETING MAY 12, 1983 8:00 P.M. (CITY COMMISSION CHAMBERS) 1. Bernard T. Mitchell's appeals hearing on his dismissal. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 2. The 2 Board members appointed by the City Commission will appoint from the Nominating Committee, the Election Committee consisting of 1 Clerk, and 3 Inspectors to supervise the employee election. CITY OF SANFORD, FLORIDA I I CIVIL SERVICE BOARD To: Dr. Darby, Chairman Date: 5 -5 -83 From: Christy Johnson, Civil Service Board Secretary Subject: Bernard Mitchell's hearing request As per your request I called Bernard Mitchell today to see if he still wanted his hearing request before the Civil Service Board on May 12, 1983, Mr. Mitchell stated that he did indeed want his hearing, he felt he was not treated fairly. W] r] th MINUTES OF THE CIVIL SERVICE BOARD MEETING May 5, 1983 MEMBERS PRESENT: Chairman, Dr. John F. Darby Secretary, Donald Jones Gordon Frederick Bill McQuatters Members Absent: Dr. Luis M. Perez Also Present: Steve Harriett, Asst. City Manager Francie Wynalda, Personnel Officer Rosa Rotundo, Finance Dept. Jan Stuart, Finance Dept. Diane Smith,Finance Dept. • Chairman Darby opened the meeting at 8:05 P.M. Thursday, May 5, 1983. There was a quorum in attendance. The meeting was held in the City Manager's Conference Room, Sanford City Hall. Old Business: The Chairman called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, April 7, 1983. Gordon Frederick moved that the minutes of the Civil Service Board meeting of April 7, 1983 be accepted and approved as mailed. Motion seconded by Bill McQuatters. Item #2 on the agenda was the discussion of Civil Service Rules and Regulations, Rule 21, Rule 24 and Rule 31. Words struck through were deleted, words underlined were added as follows. Board discussion of Rule 21, item (1). Motion was made to amend as follows: The employee has eete�- a�- ae- wl� }ek- �e�aee �e- a }x� }aa�- haws -e -fie- sae- e- ��e�a -e -leas been convicted of a felony,or of a misdemeanor involving moral turpitude. Motion made to amend by Gordon Frederick, seconded by Bill is McQuatters. Motion carried. Board discussion of Rule 21, item (4). Motion was made to amend item 4 as follows: The employee has willfully violated any lawful Page 2 Civil Service Board Meeting Minutes May 5, 1983 official regulation or order or failed to obey any proper direction made and given by a superior officer. Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (6). Motion was made that item 6 be stricken from the Rules and Regulations: Tke- empleyee- has- �eer�- gt��- e�- �r�se�e��eat�ee- e�- e�- � }s��aee�t��- eer��tte� . Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21, item (8). Motion was made that item 8 be stricken from the Rules and Regulations: T- ho- empleyee e�- k�s�e�- pes��e�- Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. • Board discussion of Rule 21, item (9). Motion was made that item 9 be stricken from the Rules and Regulations: 'eke- empleyee Motion made by Gordon Frederick, seconded by Bill McQuatters. Motion carried. Board discussion of Rule 21 that an amendment be made to this Rule to allow disciplinary action to be taken against employees who are repeated cEfenders of rules and regulations. Motion was made by Bill McQuatters and seconded by Dr. Darby that the City Manager's staff and Gordon Frederick each make separate proposals on how this amendment should be worded and present these proposals at the next regularly scheduled Board meeting. Motion carried. Board discussion of Rule 24, paragraph 1. Motion was made to amend paragraph 1 as follows: The appointing authority may suspend an employee with status only for cause, for a period not to exceed thirty (30) calendar days. The appointing authority may dismiss any employee with status only for cause. Prior to suspension or dismissal, the appointing authority shall furnish 19 the employee, the Personnel Office and the City Manager, a detailed written statement of the charges for suspension or dismissal. Said charges for suspension or dismissal shall be restricted to actions occurring within twe -�9� -years thirty (30) days prior to the date of the written statement, Page 3 Civil Service Board Meeting Minutes May 5, 1983 e }e� -ems- eat- e�aer�s- Nothing in this _section shall - preclude the appointing authority from taking disciplinary action against classified employees for cumulation of offenses of violations of rules and-re lations. This statement shall include the alleged offenses, the dates of alleged offenses, the Citu of Sanford Personnel Rules and Regulations or Civil Service Rules that have been violated and all necessary data. Motion made by Gordon Frederick, seconded by Donald Jones. Motion passed. C,jntinued Board discussion of Rule 24; motion made by Gordon Frederick, seconded by Dr. Darby to rewrite the "Demotion Section" for clarity and also to re= number the entire Rule 24. Chairman Darby made a motion that throughout the Rules and . Regulations wherever the word "status" is used, it should be replaced with the word "classified ". This is referring to employees who are classified, or who have met the probationary period. Seconded by Bill McQuatters, motion carried. Board discussion was given to Rule 31. Dr. Darby made a motion that the Employee Election Committee and Nominating Committee be combined under the following guidelines: Employees from each of the seven (7) departments in the City will appoint a person to sit on the Nominating Committee. Each department is to be assigned a number. Even numbered departments will appoint representatives on the even numbered years, and odd numbered departments will appoint members on odd numbered years. The purpose being to rotate the Nominating Committee among all civil service employees. The departments are numbered as follows: 1. All Staff Offices 2. Finance Dept. 3. Police Dept. 4. Fire Dept. 41 5. Public Works Dept. 6. Recn. & Parks Dept. 7. Utility Dept. Page 4 Civil Service Board Meeting Minutes May 5, 1983 The Civil Service Board reviews the 7 names and authorizes them as the Nominating Committee (unless they find a name unacceptable and ask for a substitute). The two Board members that are appointed by the City Commission then appoint from the 7 employees, an Election Committee of a Clerk and 3 Inspectors whose responsibility will be to assure that all nominated candidates for positions on the Civil Service Board shall meet election requirements as set forth in the Civil Service Rules and Regulations /Act and they shall super- vise the election, count votes, and certify the results of the election to the City Clerk. The Board requested that this revision of Rule 31 be incorporated into the Rules and Regulations. There being no further business before the Board, the Chairman adjourned the meeting at 10:00 P.M. May 5, 1983 upon receiving a motion from Gordon Frederick and a second from Donald Jones. Motion carried. 0 t& i EQUAL PROTECTION iii EM PLOY ER• EM PLOYEE OLD BUSINESS: CIVIL SERVICE 13C;ARD OF THE CITY OF SANFORD SANFORD. FLORIDA 32771 AGENDA CIVIL SERVICE BOARD MEETING MAY 5, 1983 8:00 P.M. 1. Reading of the Minutes of the Regular Civil Service Board Meeting of Thursday April 7, 1983. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 2. Motion made by Gordon Frederick that Rules 21 -24 be tabled until the May meeting date to give the Board a chance to read and study them more closely. The following Rules are to be reviewed. A. Rule-21-Causes for Suspension, Demotion & Dismissal B. Rule 24- Dismissal, Suspension, and Demotion of Employees C. Rule 31- Paragraph 7 Duties of the Civil Service Board Employee Election Committee. NEW BUSINESS: 1. Personnel Transactions from April 7, 1983 through May 4, 1983. r a o� Sanford, Flo C; rldd P. D. Box 1778 — 32771 Telephone (3051322 -3161 May 2, 1983 Dr. John F. Darby 1324 East 24th Street Sanford, FL 32771 Dear Dr. Darby: The City Commission on April 25, 1983 re- appointed you to serve on the Civil Service Board for a two year term commencing July 1, 1983. The City Commission wishes to express its appreciation for this service to the City. j Yours very truly, H. N. Tamm, Jr. City Clerk "The Friendly City" EQUAL PROTECTION q6 9 EM PLOY ER-EM PLOYEE �7- I� CIVIL SERVICE 130ARD OF THE CITY OF SANFORD SANFORD. FLORIDA 32771 To: City Manager From: Christy Johnson, Civil Service Board Secretary Date: April 27, 1983 Subj: Public Safety Employment Application DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL McQUATTERS GORDON FREDERICK Attached is the employment application we are planning to use for Public Safety applicants. This application was approved by the Civil Service Board at its March 10, 1983 meeting. CC: ASST. CITY MANAGER PERSONNEL OFFICER Office Memorandum I CITY OF SANFORD. FLORIDA To City Manager Date: 4/25/83 From Fire Chief Subject: EMT CLASS This is to advise you of the status of the personnel who participated in the just completed EMT training program. Of the 16 individuals participating in the program, 15 successfully completed the college's requirements and are awaiting to take the state test on April 30. Results of this test will not be available for approximately two months. The employee who did not successfully-complete the course indicated to us, in a meeting held last Friday, he will enroll in the course again after a brief rest. W.C.Gailey Fire Chief JTH /ch I am forwarding.this to each Board member for'their information. Christy EQUAL PROTECTION 69 EMPLOYER - EMPLOYEE I ft OLD BUSINESS: CIVIL SERVICE 13C>A PI) OF THE CITY OF SANFORD SANFORD, FLORIDA 32771 AGENDA CIVIL SERVICE BOARD MEETING MAY 5, 1983 8:00 P.M. 1. Reading of the Minutes of the Regular Civil Service Board Meeting of Thursday April 7, 1983. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 2. Motion made by Gordon Frederick that Rules 21 -24 be tabled until the May meeting date to give the Board a chance to read and study them more closely. The following Rules are to be reviewed. A. Rule 21- Causes for Suspension, Demotion & Dismissal B. Rule 24- Dismissal, Suspension, and Demotion of Employees C. Rule 31- Paragraph 7 Duties of the Civil Service Board Employee Election Committee. NEW BUSINESS: 1. Personnel Transactions from April 7, 1983 through May 4, 1983. ps Minutes of Board Meeting April 7, 1983 Members Present: Chairman, Dr. John F. Darby Secretary, Donald Jones Gordon Frederick Bill McQuatters Members Absent: Dr. Luis M. Perez Also Present: Steve Harriett, Asst. City Mgr. Francie Wynalda, Personnel Officer Bill Bernosky, Police Sergeant Larry Helman, Fire Lieutenant Rosa Rotundo, Finance Dept. Mildred Carver, Finance Dept. Jan Stuart, Finance Dept. Diane Smith, Finance Dept. Secretary Donald Jones opened the meeting at 8:25 PM Thursday, April 7, 1983 in the absence of the Chairman who arrived later. There was a quorum in attendance. The meeting was held in the City Manager's Conference Room, Sanford City Hall. Old Business: The Secretary called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, March 10, 1983. Gordon Frederick moved that the minutes of the Civil Service Board meeting re: the Bernard T. Mitchell Hearing held Thursday, March 10, 1983 be accepted and approved as mailed. Motion seconded by Bill McQuatters. Item #2 on the agenda was a discussion of the revised Civil Service Rules and Regulations adopted October 7, 1982. Mrs. Janet Stuart opened the discussion by asking why the term "Personnel Board" was used in several instances throughout the rules and regulations instead of the term Civil Service Board. Steve Harriett stated that this was a typographical error and all such wording would be corrected to read Civil Service Board. ' y Civil Service Board Meeting Minutes of April 7, 1983 Page 2 of 4 Motion made by Gordon Frederick that the Rules of the Civil Service Board be reviewed and that all places where "Personnel Board" is noted will be amended to Civil Service Board. Motion seconded by Bill McQuatters. Motion carried. RULE 9:PROBATION Mrs. Stuart also asked why the phrase "-if such a position is available" was added to Rule 9, paragraph 1, page 6. After discussion a motion was made by Gordon Frederick that this phrase be deleted from the rule. Seconded by Donald Jones. Motion Carried. RULE 18: PROMOTIONS Discussion continued to Rule 18, page 10, paragraph 2 (a), Methods of Promotion. The phrase "on the basis" should be deleted from this rule. Motion made by Gordon Frederick, seconded by Donald Jones. Motion Carried. RULE 21: CAUSES FOR SUSPENSIONS DEMOTION OR DISMISSAL • Mrs. Jan Stuart requested that the Board consider striking Rules 21 -24 from the adopted Rules and Regulations because they were not a part of the old Rules and Regulations and she saw no need for them to be included. Dismissal is covered in the Civil Service Act, Sections 33 -35. A lengthy discussion followed. Francie Wynalda stated that these were added to the Board's Rules and Regulations at the request of the Board so that the City's Personnel Rules and Regulations and those of the Civil Service Board would be in keeping with each other and not in conflict. The Act gives few specifics as to what are causes for disciplinary action; in past meetings the Board favored putting these reasons in writing so that employees would be aware of these requirements. Motion made by Gordon Fredlerick to make the discussion of Rules 21 -24 a special order of business at the next Board meeting so that the Board could read and study them .more closely. RULE 25: RIGHT OF APPEAL FOLLOWING OUTCOME OF PRE =DETERM. HEARING Rule 25 Right of Appeal was discussed and it was requested that there be a clarification as to pre- determination hearings. Since these hearings are held by the City Hearing Officer,'it was suggested that the heading be changed to read "Right of Appeal To The Civil Service Board" and that the first sentence in paragraph 1 read: Following the outcome of a pre- determination hearing by the City's Hearing Officer, any classified employee has the right, within 10 days after receipt of notice of his dismissal, suspension, demotion or transfer. to appeal to the CSB. . Civil Service Board Meeting Minutes of April 7, 1983 Page 3 of 4 Motion was made by Gordon Frederick to amend as suggested. Seconded by Bill McQuatters. Motion carried. RULE 31 • E14PLOYEE ELECTIONS Para. 1, Employee Elections is to be modified to read "Civil Service Employee Elections ". This is to be added to the heading and to the first sentence. Motion made by Gordon Frederick to amend. Seconded by Dr. Darby. Motion Carried. Para 7, Duties of the Civ_. Ser. Bd. Employee Elect Committee There was discussion or question between the Civil Service Act and the Rules and Regulations on the makeup /membership of the election committee. Mrs. Stuart pointed out that the Act requires the committee be made up of 3 inspectors and a clerk. The Act however, does not require that these four position "s be rotated among,all city civil service employees. In the October 7, 1982 Board meeting there was discussion in reference to rotating the election committee members within each department.kEach department was given a number from 1 -7. Even numbered departments would change representatives on is even number years; odd numbered departments on odd numbered years. Dept. representatives could not serve on the committee more than two consecutive years. Depts. were assigned the following numbers: 1 All Staff Offices; 2 Finance Dept; 3 Police Dept; 4 Fire Dept; 5 Public Works Dept; 6 Recreation & Parks Dept; 7 Utility Dept. During the October 7 meeting, this policy was adopted by motion of Dr. Perez and seconded by Dr. •Darby. Motion darried.- The Board then tabled discussion of the .duties of the Civil Service Board Employee Election Committee until the next regular Board meeting. Item 2 on the agenda under "New Business" dealt with the adoption of the new Public Safety application blank for Police Officer and Firefighter candidates. Mr. Gordon Frederick questioned why it was the Boards' responsibility to approve the employment application forms. Steve Harriett advised the Board that the application form or blank had to be furnished by the Civil Service Board as required under Rule 5, parFgraph' (d) of the Civil Service Board Rules and Regulations. That the city staff in cooperation with the jo Police Chief, Fire Chief and City Manager were asking for the Board's approval of the new form, and that the form had been accepted by the City Attorney and met State and Federal employment application criteria. Mr. McQuatters asked T1 ACivil Service Board Meeting Minutes of April 7, 1983 Page 4 of 4 the representative from the Police Department, if the department had reviewed the application and was satisfied with it. Sergeant Bill Bernosky informed the Board that the old application needed a great deal of improvement as it failed to contain adequate areas of questions /information pertaining to public safety applicants. The new application, he feels, is an excellent one which will improve the inter- viewing process. He stated it had the support of both Chiefs and the City Manager as well as the interview board. Gordon Frederick motioned to accept the application; motion seconded by Bill Mc4uatrers and carried. RULE 5: _A_PPLI_CAT_I_ON_S_ FOR EMPLOYMENT Item 3 on the agenda was general discussion of policies and procedures relating to Rule 5 of Civil Service Rules and Regulations- Applications for Employment, Section 8 (a) (b) and (c). Discussion followed on whether to accept applications from former employees who "quit without notice" and whether in the Board's opinion this was to be interpreted as resigning in "good standing ". The Board's opinion was that even though an employee quits • without notice, he /she still left in good standing unless something in their personnel file indicated otherwise. Questions also followed in reference to accepting applications from employees who were terminated for cause, or who falsi- fied their application -as to whether they be allowed to submit an application for employment. The Board determined that all past employees, regardless of reason for leaving, should be given an application for employment. It shall be the City's responsibility to determine if the applicant will be interviewed. Item 4 on the agenda was the Board's review of personnel transactions from January 7, 1983 through April 6, 1983. There being no further business to come before the Board, the Chairman adjourned the meeting at 10:00 P.M. April 7, 1983, upon receiving a motion from Gordon Frederick and a second by Donald Jones. Motion carried. JP EQUAL PROTECTION 44 EMPLOYER - EMPLOYEE OLD BUSINESS: CIVIL SERVICE (30API) OF THE CITY OF SANFORD SANFORD, FLORIDA 32771 AGENDA CIVIL SERVICE BOARD MEETING APRIL 7, 1983 8:00 P.M. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 1. Reading of the Minutes of the Regular Civil Service Board Meeting of Thursday, March 10, 1983. 2. Open Discussion of Civil Service Rules and Regulations adopted October 7, 1982. NEW BUSINESS: 1. Adoption of the new Public Safety Employment Application. • 2. Advertising cost of two positions (Police Officer and Public Utilities Director. 3. General Discussion of policies and procedures relating to the acceptance of employment applications and their specific contents. 4. Personnel Transactions from January 7, 1983 to April 7, 1983. MEETING WILL BE HELD IN THE CITY MANAGER'S CONFERENCE ROOM. t j i�a 4:41 9 M 0 % a n du m - - CITY OF SANFORD. FLORIDA Personnel Officer TO: The Civil Service Board DAT[a 1/27/83 OROM:Francie Wynalda su@JKCT: Employment Application For Public Safety Applicants Gentlemen: Attached you will find a copy of a recently developed employment application to be given to applicants for the position of police officer and firefighter. Because of the nature of these two positions, both the Police and Fire Departments requested an application be designed with their specific needs in mind. We have done this and submit this • application to you for your approval to be used as the official Civil Service Board application for these two positions. Thank You. cc: City Manager Assistant City Manager Police Chief Fire Chief 6 EOUAL PROTECTION 1z EMPLOYER - EMPLOYEE To: From: Date: Subj : CIVIL SERVICE BOAPD OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 32771 Mr. Knowles, City Manager DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK Christy Johnson, Civil Service Board Secretary January 27, 1983 Civil Service Board Rules and Regulations As per the Board minutes of January 6, 1.983 each Department and Superintendent is to be charged for the copies of the revised Civil Service Rules and Regulations. Each set of the revised Rules and Regulations is 32 pages. Estimated cost per copy is 3.6(�. Total Sets 273 X 32 pages = 8,736 X 3.6� equals $314.49 Listed below is the Department /Superintendent breakdowns. Department/ Superintendent City Manager's Office Asst. City Manager's Off. Engineering Building Finance Fire Police - Admin. Uniform Investigation Public Works - Admin. Shop Maint. Streets Refuse Recreation , Parks Utility - Admin. Plants Water Sewer TOTAL Number of Total Number Estimated Sets - of copies Cost 3 96 3.46 2 64 2.30 4 128 4.61 6 192 6.91 10 320 11.52 41- 1,332 47.24 16 512 18,43 40 1,280 46.08 8 256 9.22 2 64 2.30 7 224 8.06 8 256 9.22 21 672 24.19 22 704 25.34 8 256 9.22 12 384 13.82 8 256 9.22 20 640 23.04 16 512 18.43 19 608 21.89 273 8,736 314.49 EQUAL PROTKCTiON CIVIL SERVICE BOAPD OF TN ' • CITY OF SANFORD SANFORD, FLORIDA 32771 EMPLOY ER-EM PLOY<E To: Police Chief From: Christy Johnson, Civil Service Board Secretary Date: January 25, 1983 Subj: Police Officer vacancy DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL McQUATTERS GORDON FREDERICK Attached are 15 completed applications for the position of Police Officer, from which you may select applicants for interviews. In addition to these applications, I am in the process of contacting 25 others who have applications on file which are currently incomplete. These applicants must respond to written notification on or before Friday,,February 4, 1983. Additional completed applications will be sent to you on Monday, February 7, 1983. • Please let me know which applicants you intend to interview so that I may check their workman's compensation histories. If an applicant is not going to be interviewed for the position of Police Officer, please make sure you specify why on the form. You will see a blank for this at the top section of the Interview Evaluation Report. These applications should be returned to Civil Service as quickly as possible. Also be sure you complete the following items: 1. Reason for non - selection after interview. There are sample reasons on the form to use, and a comment section. Please be specific. 2. Overall evaluation column must be filled out 3. Score or total rating points must be added up. 4. Interview rating form must be returned to Civil Service, signed and dated along with the application for employment. Accurate and complete documentation of employment applications and interview evaluation reports must be maintained for Federal Reporting purposes. Thank you for your cooperation. The above handling of paperwork should expedite your hiring procedures. NOTE: Advertisements for the position of Police Officer will appear in Saturday's Evening Herald, January 29, 1983 and Sunday's Orlando Sentinel, January 30, 1983. CC: City Manager Personnel Officer JIM SMITH Attorney General State of Florida 0- I)EI'AR "INTENT OF LEGAL AFFAIRS OFFICE OF THE ATTORNEY GENERAL THE CAPITOL TALLAHASSEE. FLORIDA 32304 January 12, 1983 Mr: William L. Colbert City Attorney City of Sanford Suite 22, Flagship Bank post Office Box 13:0 Sanford, Florida 32771 Re: MUNICIPALITIES -- opinion request regarding authority of municipality to include questions regarding marital status and credit data on employment application for municipal police and fire departments. Dear Mr. Colbert: This is in response to your request for an opinion as to whether a municipality data onyitscemploymentlapplicationn�ora al the status and cred municipality's police and fire departments. I regret to advise you that this office must decline to comment formally on the matters referred to in your letter. The Attorney General's Office does not usually opine on questions requiring interpretation of local ordinances, policies or regulations rather than general state law. See, §16.01, F.S., and Section III, Department of Legal Affairs Statement of Policy Concerning Attorney General Opinions (copy enclosed). However, in an effort to be of some assistance to you I am enclosing a copy of 14 C.J.S. Supp. § §64, 72, dealing with discrimination in public employment and copies of several Attorney General Opinions which may be helpful. I would note generally that Part I, Ch. 112, F.S., sets forth conditions of employment for public officers and §112.042, F.S., provides, in part, that it is against the public policy of this state for the governing body of a municipal agency, board, commission, department or office to refuse to hire or employ, to bar, or discharge from employment any individual solely because of his Mr. William L. Colbert • Page Two or her race, color, sex, religious creed or national origin. See, §112.042(1), F.S. Compare, §112.042(1), §Z3.167(1), F.S., which states that it is an unlawfu�- employment practice for an employer (as provided in §23.162[6], F.S.) "[tjo discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual . . . because of such individual's race, color, religion, sex, national origin, age, handicap or marital status." I trust that you will understand the position this office is compelled to take in this matter and I hope that the information included herein will be of assistance to you. This informal advisory opinion reflects the views of the writer and should not be considered an opinion of the Attorney General. GHd Encl. r 1 6_I Sincerely, DIVISION OF OPIN ONS ��aQ9 ytc Gerry Hammond Assistant Attorney General CIVIL SERVICE BOARD • OF THE CITY OF SAN FORD SAr.FCVc. FLCnICA 32771 Ln Coll APPLICATION FOR EMPLOYMENT TODAY'S DATE ;J?E DEPI. AN EQUAL OPPORTUNITY EMPLOYER Indicate Position For Which You Are - Applying By Checking Appropriate Box FIP,EFIGHTER U POLICE OFFICER Pg-L-T INSTRUCTIONS ;,plication must be typewritten or printed legibly in ink. All questions mus: be answered. if a cuestion is not appiicable, so state and indicate NA of ap,,licable). Applications which are not complete and legible will not be considered- If space provided is not sufficient for complete answers, you wish to furnish additional information, attach sheets of the same size as this application, and numt -er answers to correspond with ouestions PERSONAL HISTORY ":ame in full: Last Name First fuddle Llst all other names you have used including nicknames: if female, furnish maiden name. If you have ever used any surname other f`ar your t ue name, during what period and Linder what circumstances were these used? :-eight L d. V.`eight e. Date of Birth ve you ever legally changed your name? (other than marriage) No Yes Date Place ow long have you been a resident of: This county g Social Security Number Court _ Florida RESIDENCES a. Present residence address: residence and business telephone number Residence: Apt- No. Street b. Complete address to which you wish mail sent: City Slate c. List chronolooicaliv all of vour residences for nast in Business: Zip Code Dates Apt. No. Street Address, R.F.D., P.O. Box, etc. way City nuns nurneJ- State From To Mo. Yr. Mo. I Yr. CITIZENSHIP 3�Are you a U.S. citizen? b. By birth? C. Naturalized? No Yes No Yes No Yes If naturalized, furnish: Date Race Court Nnturaiization Numoe, PHYSICAL DATA a. Describe any pastor present physical defects or disabilities, including extent of defective vision, if any, with and without glasses and deficiencies in color vision and hearing. b. Do you have any physical defects, including any which would preclude unrestricted, regular participation in all phases of training, physical training, and defensive tactics? No Yes (If "yes ". descrbei c. Have you had any serious illnesses, operations, or injuries? No Yes (describe and give dates) d. If you have ever been hospitalized, describe and give dates. - -DES N O YES NO e. Have you now or have you ever had a back injury or any physical defector diseese or disability whatsoever? ❑ Have you ever received disability compensation? ❑ f. How many days have you lost from work or school due to illness during the past S years? ❑ - State nature of illnesses: -- g. Have you ever been treated for or do you have any history of mental or emotional illness? (If "yes ", describe) No Yes h. Do you now have or have you ever had any history of excessive use of alcohol? (If "yes ", describe) No Yes 1W you now or have your ever had any history of use of any drug regulated by Chapter 893, F.S., which is also known as the Florida compre- hensive Act, and which was not specifically prescribed for your personal use by a licensed physician? No Yes (IT "yes ", describe) 1- Have you ever used, sold or experimented with any illegal drug? YES ❑ NO ❑ If YES, explain. k ...vE YOU EVE.pEE.rjUREDDM THE JOB? O YES ❑ «o have you ever Bien paid for lost tize frGr work cue to injury? D�YESpw V o Ir YES.P .sr EJt P.- w /URY' Name of School From Local-on ( Mo. Dates �— Yr. To Mo. Yr. Course Pursued (No. Co;lece Hours) !o School — - - -- - - - - -- r. College -- - -- liege raduate School Cher . Were you ever dismissed from a school, or was any disciplinary action ever taken against you during your scholastic career? No Yes School Date Type of Action h. List awards, honors, citations, positions held in school organizations, and any other special recognition you received while attending school: c. Give the name and mailing address of any college or university that you received a degree from: d. What foreign languages do you speak? Read? Write? e- Have you had any education /training in law enforcement? No Yes (If "yes ", give details: f. ve you had any education /training in firefighting? _No _Yes -(If "yes ", give detdils• g. List any special abilities, interests, and hobbies with degree of proficiency: h Indicate type of special license such as pilot, radio operator, etc., showing licensing authority, where the license was first issued, and cafe current license expires. (Except vehicle operator's license.) i. Special skills you possess and machines and equipment you can use. (For example, short wave radio, multilith, comptometer, key punch, turret lathe, transcribing machine, scientific or professional devices.): ;. Approximate number of words per minute: Typing Otner r � L_J Shorthand a F;av_ yob eder been arrests t or C` aged v, i,n a7,-, .' olatlon) _ No _ � es (List a!' sucn rr at;c's e'de I1 nc,t fort' a!ly F,a' °^. O' nc cou , a;:pE:arance, or found not Guilty, or matter settied by payment of f,ne or t;;"&lture o' co!iaieral.) _Date Place Agency Cr,a ge Final Disposition Details MILITARY DATA a. Have you ever served on active duty in the Armed Forces of the United States? No Yes __ Highest rank attained in military service: e. Discharge Type of Basis for Separation Center: g. Was any disciplinary action taken against you in the service? No Yes Date Place Nature of Offense •Action Taken C. Serial Number d. Dates of Active Duty f. Member of Reserve No Yes Ready Service Branch National Guard Present Former None Standby If you attend drills, meetings, or camps, give name of Unit and Location: h. Have you ever served in the Armed Forces of a foreign country? No Yes (Specify countries, dates) ORGANIZATION MEMBERSHIP List all clubs, societies of which you are or have been a memoer: Name City and State Former Present (List position held & extent of activity) a. b. C. d. e. Are you now, or have you ever been a member of the Communist Party, U.S.A., or any communist or fascist organization? No Yes �ave you or any member of your family ever been a member of any foreign or domestic organization, association, movement, group or com- bination of persons which is totalitarian, fascist, communist, or subversive, or which has adopted, or shows a policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States, or which seeks to alter the form of Government of the United States by unconstitutional means? No Yes (If answer to (e) is 'yes". explain fully.) Lis'. chronclog:Jally all cmp, o; ^ier is a 7, n - -- — — _ All time must be accounted tor. li un_-mPloyed iJ c Se'1 ".G fJr'.r .-8'e5 O` u F, c 7 ent.^ Job Title Lniplo�ed Mo. Yr. ':0 2'r. \' ;,n:'r.i� r *nines From: To: is _ : _ ir.g Ending Name Address Telephone Kind of Business Imrr.ediate Supervisor's Dame and Title No. of hours worked per week Duties Re---son for Leaving Job Title Employed Mo. Yr. Mo. Yr. Monthly Earnings From: To: BeginnjnF Ending Firm Dame Address Telephone Kind of Business Immediate Supervisor's Name and Title o. of hours VNt-med per week Duties Reason for Leaving Job Title Employed Mo. Yr. Mo. Yr. Monthly Earnings From: To: nin Ending Firm Name =,B5 Address Telephone Kind of Business Immediate Supervisor's Name and Title No. of hours worked per week es Reason for Leaving Job Title Employed Mo. Yr. Mo. Yr. Monthly Earnings From: To: Beginning Ending Firm Name Address Telephone Kind of Business Immediate Supervisor's Name and Title No. of hours worked per week Duties Reason for Leaving Job Title Employed Mo. Yr. Mo. Yr. Monthly Earnings From: To: Beginnin Endin Firm Name Address Telephone Kind of Business Immediate Supervisor's Name and Title No. of hours worked per week Duties Reason for Leaving 3ob Title Employed Mo. Yr. Mo. Yr.1Monthly Earnings From: To: Bc innin Fndby Name Address Telephone Kind of Business lrnmcdiate Supervisor's Name and Title NO. of hours a=j(ed per week Duties Reason for Leaving APPLICANT DRIVING HISTORY • NOTE: All questions must be completed in full or application will not be processed. NAME POSITION APPLIED FOR DIRECTIONS: Please print information EXACTLY as shown on driver's license. 2. State in 3. Issue 4. TYPe: 1. Driver's Date: ❑ Chauffeur License which issued. ❑ Operator No.: Last 5. Name: First Middle w Maiden 6. Address: 7. City /State /Zip Code 8. Date of Birth: Month Day Year 9. If you have not held a Florida Driver's License for the last three years, please give prior Driver's License No. and the state in which it was issued under Item No. 15. YES NO ❑ ❑ in t. . ti Pn[P currently valid? 71 to of expiration: 12. Has your license(s) ever been suspended? ❑ ❑ If "yes" give complete details under Item No. 15. 13. Has your license(s) ever been revoked? ❑ ❑ If "yes" give complete details under Item No. 15. 14. List all traffic citations received within the last seven (7) years. For each offense, give date, description of offense, city andior state in which offense occurred and disposition of case. 15. Space for detailed answers to other questions (indicate item number to which answers apply) (If necessary, attach addit ona! sheet of paper.) 16. Have you ever completed a Defensive Driving Course? if "ves" aive date completed: Month Day Year ytJ rvv ❑ ❑ Certification of Applicant Read carefully before signing. I hereby certify that all answers to the above questions and statements on this Driver's License form are true, and 1 agree end understand that any misstatements of material facts contained in the form may cause forfeiture upon my part of all rights to any employment sought he eunder. Date - Signature FORM-1-151 Rev. 2/81 NAL R-!:': P. EN C ZE S Give three references (r.:)t rclalpves, former or in their communities. such as hou:e)olders, property cw-tes, t _s5 or rr:f—s r7r&" or women including you Sk, one, who have known you well during the pas, five years. &W.mplete Name Address (street & city) Telephone Number Residence No. Yrs. Acq. Occupation Business b. Complete Name Address (street & city) TelePh,,-)-nc Number Residence No. Yrs. Acq. Occupation Business c. Complete Name Address (street & city) Telephone Number Residence No. Yrs. Acq. Occupation Business Give three social acquaintances in your own age group including both sexes. d. Complete Name No. Yrs. Acq. e. Complete Name 0 No. Yrs. Acq. f. Complete Name No. Yrs. Acq. Occupation Occupation Address (street & city) Telephone Number Residence Business Address (street & city) Telephone Number Residence Business Address (street & city) Telephone Number Residence Business i. APPLICANT'S CERTIFICATION A FALSE ANSVER TO ANY QUESTION(S) IN THIS APPLICATION RAY 'E GROQNCS FOR NON - SELECTION. OR FOR TE M INATION AFTER YOU BEGIN WORK. ALL STATEMENTS ARE SUBJECT TO INVESTIGATION, INCLUDING A CHECK OF YOUR T M INIkG AND E-XPERIENCE STATEMENTS. ALL INFORMATION YOU isLIVE WILL BE CONSIDERED IN REVIEWING YOUR APPLICATION. ` FOR APPLICANT'S AGREEMENT 1. 1 AUTHORIZE THE CITY TO MAK£ APPROPRIATE INVESTICATICNS. ALLOWABLE BY LAW, TO VERIFY MY APPLICATION AND ALL CONTENTS THEREOF. 2. 1 UNDERSTAND THAT ANY FUTURE OFFER OF EMPLOYMENT IS CCNTIMGENT UPON MY PASSING THE CITY'S STANDARD PHYSICAL EIAMINATIOM. 1 CONSENT TO TAKING THE EMPLOYMENT MEDICAL EXAMINATION. AHD SUCH FUTURE MEDICAL EKAAINATIONS AS MAY BE REQUIRED BY THE CITY- 1 1 CERTIFY, UNDER OATH, THAT THE FOREGOING ANSWERS ARE CCRRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. 1 UNDERSTAND THAT MISREPRESENTATION WILL BE CONSIDERED AS JUST CAUSE FOR REJECTION OF THIS APPLICATION AND /OR DISMISSAL FROM EMPLOYMENT WITH THE CITY OF SANFORD. FLORIDA. i. IF EMPLOYED. 1 AGREE TO ABIDE BY AND COMPLY WITH ALL RULES. REGULATICNS. POLICIES AND PROCEDURES OF THE CITY OF SAAFORD. DATE OF APPLICATION A"LICANT'S SIGIIATURE SWOA% TO AND SUBSCRIBED BEFORE ME THIS DAY Of VOTARY PUBLIC. STATE OF FLORIDA DOCUMENTS TO BE ATTACHED TO APPLICATION III. Attach a certified copy of Florida Police or Fire Standards Training Certificate b. Attach a certified copy of birth certificate. c. Attach acertified copy of high school diploma or Florida Pol ice or Fire Standards approved G.E.D. d. Attach copy of military discharge(sj. e. Attach copy of current Emergency Medical Technician Certificate if Fi ref iahter applicant OTHER REQUIREMENTS an orderFd by the Department. applicant will be fingerprinted and shall submit to a Physical examination which includes an electrocardiogram. REMARKS `J EQUAL PROTECTION 104 EMPLOYER-EMPLOYEE MEMBERS PRESENT: OTHERS PRESENT: (witnesses) ALSO PRESENT: CIVIL SERVICE 130>ARD OF THE CITY OF SANFORD SANFORD, FLORIDA 32771 MINUTES OF BOARD MEETING MARCH 10, 1983 Chairman, Dr. John F. Darby, Members: Dr. Luis M. Perez, Gordon Frederick, Bill McQuatters City Manager, Warren E. Knowles Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Public Utilities Director, Mack Lazenby Water Superintendent, Billy Magner Water Foreman, Augustus Brown Bernard T. Mitchell June Strine, Personnel Larry Helman, Fire Diane Smith , Finance Jan Stuart Finance Mildred Carver, Finance Rosa Rotundo, Finance DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK ABSENT: Donald Jones, Secretary • Purpose of Board Meeting: To conduct a Hearing as requested by Bernard T. Mitchell, relative to his discharge on March 1, 1983. Chairman Darby opened the Hearing at 8:06 P.M., Thursday, March 10, 1983. The Chairman advised that Donald Jones,. Secretary would not be attending the hearing, and that Bill McQuatters would be acting secretary for this hearing. The Chairman questioned and was advised that the Defense and Prosecution were present and that witnesses were present. The Board asked weather Mr. Mitchell wanted the Rule of Sequestration, or did he want this Rule waived? Mr. Mitchell waived the Rule of Sequestration. All witneesses were called before the Board and sworn in and returned to their seats. The Prosecution called it's first witness: Augustus Brown, Water Foreman Mr. Brown , at the request of the City Manager, explained the incident on Summerline Ave concerning the couplings, and why Mr. Mitchell did not install the coupling given to him, and that Billy Gilchrist did put the coupling on. • The Defense questioned the witness as to: Was the coupling taken apart? Which employee installed the coupling? Was job completed before Lunch hour? And Did he actually refuse to install the coupling? CIVIL SERVICE BOARD HEARING MARCH 10, 1983 CONT (2) The Prosecutor re- directed the Examination to clarify previous examination. The Board questioned the witness as to why Mr. Mitchell asked WHY 3 times, and did he know why he did not install it, and what the time laspe was • between asking Mr. Mitchell to install it, and when it was installed, asked if their was any difference in couplings, and approximate cost of couplings. The witness was excused by the Chairman. The Prosecutor called the next witness: Billy Magner, Water Superintendent Billy Magner, as the request of the City Manager, explained that he was called by his Foreman, Augustus Borwn to come to Summerlin Ave, that he was having problems with Bernard Mitchell, and that upon arriving at the scene Mr. Mitchell called him a village idiot. The Defense crossed examined the witness as to: Exact statement of the phrase "Village Idiots" The Board questioned the witness as to who the phrase was directed to, and excused the Superintendent, and Foreman due to illness. The Prosecutor called the next witness: Francie Wynalda, Personnel Officer The Prosecutor asked for Ms. Wynalda to tell what Mr. Mitchell had said at the Grievance Hearing held on February 28, 1983, in respect of the phrase "Village idiots ", and to whom it was directed to. • The Defense crossed examined the witness as to: Did I directly say Billy Magner, and Augustus Brown are Village Idiots, or did I use a parable ? The Board questioned the witness as to Mr. Mitchell calling the phrase Village Idiots by name to his Superintendent and Foreman. The witness was excused by the Chairman. The Prosecutor re- directed the examination to clarify previous interigation. The Prosecutor called the next witness: Steve Harriett, Asst. City Manager The Prosecutor, asked the witness to explain in detail the main items in the Grievance hearing for Bernard Mitchell covering such items as: How many times told to install coupling? Did he install coupling? Did he actuAlly specify who he called "Village Idiots "? Any difference in the coupling Augustus Brown wanted him to install and coupling installed ? The Defense crossed examined the witness as to: One of the couplings being different and having a nipple in the end. The Board asked what difference a clean coupling made in the system. • The witness was excused by the Chairman. The Prosecutor, called the next witness: Mack Lazenby, City Engineer and Utilites Director. Mr. Lazenby, at the request of the City Manager, explained the Utility Director, explained how water lines are hooked up, and coupling sizes, gaskets, seals, and what a nipple coupling was. Civil Service Board Hearing March 10, 1983 Cont. (3) The Defense then questioned the witness on: What specifically he had terminated Mr Mitchell for ? And had he received any additional information on this case • The Board then questioned the witness on his experience in the field, and the reason for the insubornation and disgraceful conduct charge against Bernard Mitchell. There being no further questions the witness was excused. The next witness called was Mr. Bernard Mitchell: Bernard T. Mitchell, Maintenance Worker I Water Division - employment 3 yrs. 3 months. The Defendent was questioned by the Prosecution on: His work period and his Foremans employment.period Did you put coupling on? Did you call your supertinendent a" "village idiot "? Why he was asked 3 times to install, and didn't ? The difference in the 2 couplings? Did not do as told Who installed coupling? The Prosecutor then questioned the Defendent on items that he felt needed to be clarified. The Board questioned the Defendent as to which coupling was installed, and was the old one used, if so why not. • Summary by Prosecution Summary by Defense The Prosecution rested. - - - - -- The Defense rested.- - - - - -- The Civil Service Board recessed into Executive Session to deliberate on a Judgement and Order, at 9:45 P.M. The Hearing reconvened at 10:08 P.M., March 10, 1983. The Secretary published the findings of the Board, read in Open Session, as stated in the attached "Judgement and Order ". The Chairman made the motion that all other Board agenda items would be put on the next Board agenda. Frederick seconded, Motion carried. A tape recording of this hearing is on file as a permanent record. Motion made by Chairman to adjoun meeting, seconded by Dr. Perez, Motion carried. The Hearing of the Civil Service Board of the City of Sanford adjourned at 10:26 P.M., Thursday , March 10, 1983 41 EQUAL PROTECTION 04 EMPLOYER-EMPLOYEE • • POLICE OFFICER: CIVIL SERVICE BOAPD OF THE CITY OF SANFORD SANFORD. FLORIDA 32771 ADVERTISING COST March 10, 1983 XT1;T.TCD AD VP 1 ad run in the Sentinel Star on January 30, 1983 cost $48.51 1 ad run in the Evening Herald on Janaury 29, 1983 cost 5.40 Total $53.91 PUBLIC UTILITIES DIRECTOR: DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WGUATTERS GORDON FREDERICK 1 ad run in the Sentinel Star on February 27, 1983 cost $91.63 1 ad run in the Evening Herald on February 26, 1983 cost 9.72 Total $101.35 TOTAL ADVERTISING COST FOR NEWSPAPERS $155.26 Magazines and other advertising Florida Engineering Society Journal run in March 1983 issue $40.00 for Public Utilities Director. ASCE NEWS (new supplement to Civil Engineering)_ March 1983 issue $87.75 for Public Utilities Director. TOTAL SPENT FOR ADVERTISING TO DATE 4/6/83 $283.01 EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE 130ARD CHAIRMAN DONALD R. JONES OF THE SECRETARY 04 CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 32771 BILL McOUATTERS EMPLOYER - EMPLOYEE GORDON FREDERICK RECAP OF POLICE OFFICER VACANCY ON JANUARY 20, 1983, REQUISITION NUMBER 301. Total Applications on file (54) Sent letter to 54 Applications (see attached) 37 Applicants Responded 17 Did not Respond Out of the 37 that responded 8 were not Florida State Certified. The 8 applicants were: B. Cox W/M J. Connell AI /M M. Allshouse W/M S. Wiedenhoeft W/M L. Carr W/M L. Scranton W/M D. Ruddell W/M R. Marah W/M The remaining 29 Florida State Certified applicants who responded are: NAME R/S REASON NOT SELECTED /HIRED • 0. Garcia H/M Applicant with greater training selected R. Hargrave W/M Applicant with greater educational background sel. F. Owens W/M Unable to contact for interviews V. Kauffman W/M Applicant with greater work exp. selected M. Tinis W/M Applicant found other employment with Alt. Spgs. W. Hudson W/M Applicant lacks practical work exp. R. Graff W/M Unable to contact for interviews F. Baker W/M Applicants Aux. record not conclusive R. Toledo H/M Applicant term. for insubordination F. Riveria H/M Applicant possess only marginal exp. E. Humphrey W/M Applicant found other employment D. Wilson W/M Applicant lacks experience R. Buchanan W/M Unable to contact for interviews K. Best W/F Applicant lacks experience and add. training C. Johnson W/M Applicant lacks add. experience and training R. Maynard W/M Unable to contact for interview S. Mahary W/M Applicant lacks law enforcement exp. C. Monkel W/F Applicant more interested in community rel. work D. Marion W/M Applicant with greater education /training selected S. Smith W/F Needs job exp.- currently on Aux. R. Sachs W/M .Committed felony R. Starr W/M Applicant lacks exp, need to work on Aux. D. Steward W/M Applicant lacks exp, marginally qualified G. VanKleeck W/M Applicant with greater Educational Background Sel. J. Whiddon W/M Applicant needs moreexp. C. Wise W/M Unable to contact • C. Withrow W/F Applicant lacksexperience and add. training A. McGill B/M *' ^* HIRED S. Black B/M Applicant's Aux record not satisfactory 0 LJ page 2 The 17 Applicants who were contacted by letter but did respond are listed below: S. Brown W/F S. Catalano H/M C. CunninghamW /M J. Fetzer W/M J. Griffin W/M L. Hoffman AI /M M. Jones W/M R. Johnson W/M R. Metcalf W/M TOTAL APPLICANTS CONTACTED: (54) 5 W/F 2 $/M 1 AI /F 4 H/M 1 AI /M 41 W/M R. McClintock W/M M. Monahan W/M C. Mahlstedt W/M J. Rumbaugh W/M D. Robb W/M G. Skinner W/M M. Taylor W/M F. Ubienski W/M EQUAL PROTECTION % 4 EMPLOYER - EMPLOYEE is • CIVIL SERVICE 13CARD OF TN[ CITY OF SANFORD SANFORD. FLORIDA 32771 BREAKDOWN OF INTERVIEW RATING SCORES NAME AVG. SCORE R/S DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK R. Hargrave 117 W/M (Quit w/o Notice, not eligible for rehire) A. McGill 106.5 - B,M Hired * * * * ** S. Smith 105 W /F• 0. Garcia 101 - H/M D. Stewart 98 W/M J. Whiddon 97 W/M D. Marion 95.5 W/M S. Mahany 87.5 W/M F. Riveria 87 - H/M R. Starr 79 W/M K. Withrow 79 W /F• C. Monkel 76 W /F• 3 Person Interview Board composed of equal race /sex composed of Police Officers and above. INTEREST CARD SYSTEM A. The interest card system is established and administered to allow applicants to express their interest in being considered for employment in positions not currently vacant. The system provides that an applicant may file an interest card in the Civil Service Office for any position in the classification plan C. When a position is posted by a Job Posting Announcement, all completed interest cards for that specific position shall be pulled from the file. Notification of the vacant position shall be mailed to the applicant, specifying job title, application closing date, starting salary, hours worked per week, and the requirements for making application for the vacancy. The card is then stamped on the back with date of notification sent. D. Interest cards on file shall remain active for six months from the date of submittal. Completed, notorized applications for employment shall remain active for 12 months and inactive for 12 months thereafter. E. Interest cards are to be stamped with the month submitted on the card. They are categorized according to position applied for, and filed alphabetically. F. If an applicant has filled out an application his interest card is filed in the pending section. is GJ EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE 130>ARD CHAIRMAN DONALD R. JONES OF THE SECRETARY • CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 32771 BILL McQUATTERS January 24, 1983 EMPLOYER- EMPLOYEE GORDON FREDERICK CIVIL SERVICE COST FOR PRINTING AND MANHOURS ON THE CIVIL SERVICE RULES AND REGULATIONS XEROXING: 31 Pages X 277 emp. 8,587 1 cover letter X 277 277 8,864 X Current Xerox rate of 2.9� per copy = $252.49 MANHOURS: 1 Board Secretary X 19 Hours = $106.00 1 Per. Sec X 2 Hours = 12.00 1 Lead Cus t . 14kr. . X 3 Hrs . = 17.00 1 City Mgr's Secretary X 2 Hrs 13.00 1 Personnel Officer X 2 hrs = 20.00 28 hrs. $168.00 SUB -TOTAL FOR PRINTING $252.49 SUB -TOTAL FOR MANHOURS 168.00 Sub -Total $420.49 • I EQUAL PROTECTION DR. JOHN F. DARBY CIVIL SERVICE 13CAPD CHAIRMAN DONALD R. JONES OF THE SECRETARY CITY OF SANFORD LUIS M.PEREZ • SANFORD. FLORIDA 32771 BILL WOUATTERS EMPLOYER-EMPLOYEE GORDON FREDERICK To: City Manager From: Christy Johnson, Civil Service Secretary Date: April 4, 1983 Subj: Public Utilities Director vacancy • Attached are the 30 resume's listed alphabetically who are applying for the postion of Public Utilities Director. Thomas G. Aitcheson Ross L. Allen Charles P. Beauchea Cliff Burgess Michael Crumpton Donald R. Feaster Michael F. Estock Yusuf M. Farris Jimmy J. Gilliard Charles Hassler Brian Johnson Frederick J. Lane Donald A. Lipps James-C. Lyon Louis V. Martin III Paul R. Moore James L. Panky, Jr. John R. Patterson Alan R. Pazin A. Michael Quintana, Jr. Thomas E. Richeson Erasto S. Rivera John E. 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N N O W W 00 r- 00 W N l_- I!n (ON In N 41 110 4_1 O tD 1.0 00 00 W 00 W 00 O r N OD 07 F+ In ol o \.D V_ 00 o Ln In W -4 1.0 In `— 00 O O' O� l� P.+ 00 Ul 00 00 r �D 00 In O 00 rr A W V f + r-• r� r-• r-• I.- F- F� F + h-• t + r h-• ON 00 O V V In v W V O\ O A V F-• N A ' W V ON W 1� V .P O W 00 00 ON v� In ON W V In V ON X.- 1__ N W A -11 • 00 Oh N O � ' r- In O In In N N A In l!t 00 00 �,D Ln O` ON W In %D O r-• In A t-• 00 I'D 11 %.D �D Ln (fin . N rt"fi R+Z7 3 fD N 7 -1 A O a n o A -n �3 N W a r EQUAL PROTECTION 40 zi EMPLOYER-EMPLOYEE To: From: Date: Subj: CIVIL SERVICE BOARD OF THE C I T Y OF S A N F O R D SANFORD. FLORIDA 82771 Mr. Knowles, City Manager DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL MCOUATTERS GORDON FREDERICK Christy Johnson, Civil Service Board Secretary January 27, 1983 Civil Service Board Rules and Regulations As per the Board minutes of January 6, 1983 each Department and Superintendent is to be charged for the copies of the revised Civil Service Rules and Regulations. Each set of the revised Rulec and Regulations is 32 pages. Estimated cost per copy is 2.94 Total Sets 273 X 32 pages = 8,736 X 2.94 equals $252.49 Listed below is the Department /Superintendent breakdowns. Department/ Number of Total Number Estimated Superintendent Sets of copies Cost City Manager's Office 3 96 2.77 Asst. City Manager's Off. 2 64 1.85 Engineering 4 128 3.70 Building 6 192 5.55 Finance 10 320 9.25 Fire 41. 1,312 37.92 Police-Admin. 16 512 14.80 Uniform 40 1,280 36.99 Investigation 8 21;6 7.40 Public Works - Admin. 2 64 1.85 Shop 7 2.24 6.47 Maint. 8 256 7.40 Streets 21 672 19.42 Refuse 22 704 20.35 Recreation 8 256 7.40 Parks 12 384 11.10 Utility-Admin. 8 256 7.40 Plants 20 640 18.50 Water 16 512 14.80 Sewer 19 608 17.57 TOTAL 273 8,736 252.49 �' 3 EQUAL PROTECTION 9 is aotl EMPLOYER - EMPLOYEE U • DR. JOHN F. DARBY CIVIL.. SERVICE 13CARD CHAIRMAN DONALD R. JONES OF THE SECRETARY CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 32771 BILL McOUATTERS January 25, 1983 GORDON FREDERICK /7 • Sanford, / ! _.. ! 9 S • Board, • 1 7 The ..ity of oartPGYu, t.lvli oci:L "ic` --� ac_7ct:ii,;, is �:lti:'ICTi�ty aCCCp'%ii1Cy applications for the position of Police Officer. Should you wish to be considered for this position, you should forward the following documents to me at the above address, by February 4, 7983. 1. High School Diploma or GED 2. Florida Police Standards and Training Commission Minimum Standards Certificate 3. Copy of a current valid Florida Driver's License 4. Birth Certificate 5. DD -214 (Military Discharge Papers) 6. Degrees- If any If I do not hear from you by February 4, 1983, your application for the vacancy of Police Officer will be considered incomplete and placed in an inactive status. You may telephone my office at (305) 322 -31.61 ext. 207, should you have any questions. Sincerely, Christy E Civil Service Board g M 0 0 w NO. RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED — NOT FOR INTERNATIONAL MAIL (See Reverse) 0 • SENDER: Complete items 1, 2, 3, and 4. O on reverse. (CONSULT POSTMASTER FOR FEES) � � ❑ Show to whom and date delivered .................... —2 ST BEET AND, NO. (The restricted delivery fee is charged in addition to . r ., TATE A ZIP COD (fir 3EEIl.�DI POSTAGE $ t. TYPE OF VICE: ❑ REGISTERED ❑ INSURED ARTICLE NUMBER CER ED FEE Q / Q N Lai (Always obtain signature of addressee or agent) SPECIAL DELIVERY Sl E ❑ ddr • uthorized agent Q cc 0 POSTMARK RESTRICTED DELIVERY Q 7. UNABLE TO DELIVER BECAUSE W W SHOW TO WHOM AND DATE 6 DELIVERED t y�j W SHOW TO WHOM, DATE, AND h H y i d ADDRESS OF DELIVERY Q d = W W SHOW TO WHOM AND DATE I.— O DELIVEREV D WITH RESTRICTED Q Z Y oSHOW TO WHOM, DATE AND W ADDRESS OF DELIVERY WITH 4 °C RESTRICTED DELIVERY TOTAL POSTAGE AND FEES $ POSTMARK OR DATE *Lmiv 119 E� 0 • SENDER: Complete items 1, 2, 3, and 4. Add your address in the "RETURN TO" space on reverse. (CONSULT POSTMASTER FOR FEES) I. The following service is requested (check one). ❑ Show to whom and date delivered .................... —2 ❑ Show to whom, date, and address of delivery.. —0 z. ❑ RESTRICTED DELIVERY _2 (The restricted delivery fee is charged in addition to the return receipt fee.) TOTAL (fir 3EEIl.�DI 1 t. TYPE OF VICE: ❑ REGISTERED ❑ INSURED ARTICLE NUMBER ❑ CERTIFIED ❑ COD Q / ❑ EXPRESS MAIL / (Always obtain signature of addressee or agent) I have received the article described above. Sl E ❑ ddr • uthorized agent 6. DATE OF DEUVERYJ POSTMARK B. ADDRESSEES ADDRESS (Only if Mueaeo 7. UNABLE TO DELIVER BECAUSE 7a. EMPLOYEE'S INITIALS IN THE MATTER OF THE ) iHEARING OF BERNARD T. MITCHELL ) CIVIL SERVIC BOARD OF THE CITY OF SANFORD, FLORIDA JUDGEMENT AND ORDER This cause coming on to be heard pursuant to application for hearing filed with the Civil Service Board of the City of Sanford, Florida by Bernard T. Mitchell, and after due notice being given in accordance with the law, rules and regulations of the Civil Service Board of Sanford, Florida, and a public hearing having been held, and the Civil Service Board hearing all of the evidence, and testimony and law presented inbehalf of the parties, and the Civil Service Board being fully advised in the premise, and after careful consideration and deliberation, it is therefore; THE JUDGEMENT AND ORDER of the Civil Service Board that Bernard T. Mitchell did commit some degree of insubordination, but not to the degree of dismissal and therefore that the dismissal of Bernard T. Mitchell, by Mack Lazenby, Billy is Magner, and initialed by Warrren E. Knowles, is mitigated from dismissal of subject employee to suspension without pay through March 31, 1983, and that effective April 1, 1983, that Bernard T. Mitchell be restored to the rank and seniority held by him on the effective date of dismissal. DONE AND ORDERED by unanimous vote of the Civil Service Board, on the 10th day of March, A.D. 1983, City Commissioners' Room, City Hall, Sanford, Seminole County, Florida. ATTEST: ACTING =SE T Y BILL MCQ ATTERS ATTEST:(NOTARY) BOARD SECRET Y ( \' CURISTY I'� HNSON Notary Pub State c( MY commission expires September 9,1983 CHAI DR. OHN DARBY DR. LUIS M. PEREZ COMMISSION EXPIRES I HEREBY CERTIFY that a true copy hereof has this day of March 1983, been furnished to: All Civil Service Board Members Civil Service Board Secretary Bernard T. Mitchell's Personnel File City Manager, Warren E. Knowles • Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Public Utility Director, Mack Lazenby Water Superintendent, Billy Magner Bernard T. Mitchell 4L • 0 • IF CIVIL SERVIC BOARD OF THE CITY OF SANFORD, FLORIDA IN THE MATTER OF THE ) JUDGEMENT AND ORDER HEARING OF BERNARD T. MITCHELL ) This cause coming on to be heard pursuant to application for hearing filed with the Civil Service Board of the City of Sanford, Florida by Bernard T. Mitchell, and after due notice being given in accordance with the law, rules and regulations of the Civil Service Board of Sanford, Florida, and a public hearing having been held, and the Civil Service Board hearing all of the evidence, and testimony and law presented inbehalf of the parties, and the Civil Service Board being fully advised in the premise, and after careful consideration and deliberation, it is therefore; THE JUDGEMENT AND ORDER of the Civil Service Board that Bernard T. Mitchell did commit some degree of insubordination, but not to the and therefore that the dismissal of Bernard T. Mitchell, Magner, and initialed by Warrren E. Knowles, is mitigated subject employee to suspension without pay through March effective April 1, 1983, that Bernard T. Mitchell be rest seniority held by him on the effective date of dismissal. degree of dismissal by Mack Lazenby, Billy from dismissal of 31, 1983, and that 3red to the rank and DONE AND ORDERED by unanimous vote of the Civil Service Board, on the 10th day of March, A.D. 1983, City Commissioners' Room, City Hall, Sanford, Seminole County, Florida. ATTEST: ACTING =S T Y BILL MCQ ATTERS ATTEST:(NOTARY) BOARD SECRETARY CHRISTY E. JOHNSON COMMISSION EXPIRES I DR. LUIS M. PEREZ I HEREBY CERTIFY that a true copy hereof has this been furnished to: All Civil Service Board Members Civil Service Board Secretary Bernard T. Mitchell's Personnel File City Manager, Warren E. Knowles Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Public Utility Director, Mack Lazenby Water Superintendent, Billy Magner Bernard T. Mitchell day of March 1983, l • �I E 0 r Llnj IN THE CIRCUIT COURT OF THE 18TI JUDICIAL CIRCUIT OF FLORIDA, S7--,r1INOLE COUNTY, FLORIDA CIVIL DIVISION SENTINEL COru4UNI CAT. IONS C0:IPANY and LESLIE KEMP POOLE, Plaintiffs, V-13 . CIVIL SERVICE BOARD OF THE CITY 0�, SANFORD, FLORIDA, JOHN DARBY, GbRDON FREDERICK, DONALD R. JONES, WT LLIAM MCQUPRTERS , and LUIS ii. PEREZ , Defendants. Case No .- —7 572 -A -I 7 % n .f R u L uui p -' , SUMMONS THE STATE OF FLORIDA: To Each Sheriff of the State: is YOU ARE HEREBY COMMANDED to serve this summons and a copy o the complaint *ar petition in thi-- action on defendant LUIS M. PEREZ 436 S. Virginia Avenue w Sanford, Florida 32771 i I' Each defendant is hereby required to serve written defenses td, the complaint or petition on DAVID L. EVANS, ESQUIRE pjaintiff's attorney, whose address is Post office Box 2854 Orlando,.Florida 32802 (305) 425 -9044 w ,thin 20 days after service of this summons on that defendant, exclusive of the day of service, and to file the original. of the defenses with the ci,erk of this court either before ser.,ice on plaintiff's attorney or j;r-unediately , thereafter. If a defendant fails to do so, a default will )e entered against: that defendant for the relief remanded in the complaint cr pe:titioh. DA =D on JUNE , 1g 83 . *and Notice of Application fcr Te-rporary Restraining Order I c. Clerk of Circuit Court j SF- MINOLE COUNTY, FLORIDA (COURT SEAL) { As Deputy Clerk i� • I• i I SENTINEL COMMUNICATIONS CL,,..IPANv and LFSLI KEMP G7'01C-/i.,E, Plaintiffs, VS. IN TAE CIRCUIT COURT IN Al,, FOR SE:. -OLE COUNTY , FLORIDA CASE NG.3 -/� CIVIL SER-JICE BOARD OF THE CITY OF SANFORD, eLOPT DA, JOHN DARBY, GORDON FREDER_ICE, DONALD R. JONES; 11ILLIA.M McQUATTFRS, arld LUIS M. PEREZ, Defenaants. C Urj j'ILLN I Flaintifts SLI3�'INE:. ."r'.`.P�1CNiiATIOI:.� �Gi•.PANY, aiid LF,SLI KELP P0S1,E, by cnd th,ouah t -heir Lludersi gneo attorneys, sue the CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA, JOHN DARBY, GORDON FREDERICK, DONALD R. JONES, - WILLIAM AcQUATTERS, and LUIS M. PEREZ as and constituting saic Board, and individul?y, and allege as follcws< 1. Plaintiff SENTINEL CO.VMUNICATT-ONS COMPAN , !hereinaf�._er referred to as " SENTINEL"), a Delaware rr-•r -; {gyration, is the publ.sher i of �la- i;rlandc, B&jitiDel, a daily new&q -u ,er of general circulat; on in Seminole County, Florida and throughout Centr.al Florida. 2. Plaintiff LESLIE hENY POOLE; (hereinafter refcrr -,3 to as "POOLE") is a resident of Orange County, Florida and is employed by SENTINEL as a news reporter with the responsibility of gathering news of procceuings at public meetings for dissemination to the public through the newspaper published by Plaintiff SEi4TI *]I ,. 3. The CIVIL SERVICE RO::RD OF THE CITY OF SAN FORD, FLC.;RIDA, (hereinafter referred to as "the Board ") , is a manic- pal board created Ly Specia'_ Act, Chapter C1- 27911 H.B. No. 2552 _.awe 1i cif Florida, 1961. �I 4. JOHN DARBY, .CORDON FREiiERICK, DONALD ; . 30, SS, WILLIAO II McQUATTERS, and LUIS M. PEREZ (hereinafter collecit-ively referred to as "Board Members ") are residents of Seminole County, Fio -iAa, and constitute the members of the Board. 5. The ratter before this Court is within the eguita7lc jurisdiction of the Court under the provisions of Florida Statc:tLs • SENTINEL CO MMUNICATIONS COMPANY and LESLIE KEMP POOLE, Plaintiffs, VS. r� IN THE CIRCUIT COURT, IN AND FOR SEJKINOLE COUNTY, FLOr'.IDA CASE NO. 83- 1572- CA -17 -L CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA, JOHN DARBY, GORDON FREDERICK, DONALD R. JONES, WILLIAM McQUATTERS, and LUIS M. PEREZ, li Defendants. TO: AMENDED NOTICE OF APPLICATION FOR TEMPORARY RESTRAINING ORDER CIVIL SERVICE BOARD OF THE CITY OF SANFORD, FLORIDA c/o John Darby, Chairman of the Board Agricultural Research & Education Center Celery Avenue Sanford, Florida JOHN DARBY Agricultural,Research & Education Center Sanford, Florida DONALD R. JONES 1919 South Sanford Ave. Sanford, Florida WILLIAM McQUATTERS First Federal Savings & Loan Association 312 West First Street Sanford, Florida LUIS M. PEREZ 436 S. Virqinia AVE!nue Sanford, Florida GORDON FREDERICK 116 North Park Avenue Sanford, Florida YOU ARE NOTIFIED that on Wednesday, June 15, 1983, at 2:00 o'clock P.M., before the Honorable Kenneth T1. Leffler, Circuit Judge, in the Seminole County Courthouse at Sanford, Florida, Plaintiffs will apply to the Court for a Temporary Restraining Order enjoining Defendants from holding any meetings of the Civil Service Board of the City oi- Sanford, Florida, that are closed to the public in violation of Florida Statute 9236.011, in violation of the Special Act by which the Board was created, and in violation of Rule 26(4) of the Board. DATED: Tune 13, 1983. DA L. EVANS of Mateer, Harbert, Frey, Bechtel & Phalin, P.A. Post Office Box 2854 Crlando, Florida 32802 (305) 425 -9044 Attorneys for Plaintiffs • U O §286.011, and due to the inadequacy of any legal remedy. 6. On !March 10, 1983, May 12, 1983, and May 31, 1983, within Semin(le County, Florida, the Board dial, with a quorum present, conduct closed meetings at which official acts were taken. The public was excluded from said meetings, which were conducteC in secret behind closed doors. At the meeting of she Loard held May 31, 1983, by a 4 -0 vole of the Board Members, I' with JOHN DARBY abstaining, I the Board voted to meet in private and left the public meeting area to meet in a private office. Such action was taken over the express objection of Plaintiff POOLE. �i r i� i7 I' i� i' I 7. The acts of the Board and Board Members as aforesaid violate Florida Statutes §286.011. 8. The acts of the Board and Board Members as aforesaid violate the Special Act by which the Board was created, which states, at Section 37(4): "All hearings shall be open to the public." 9. The acts of the Board and Board Members as aforesaid I violate Rule 26(4) of the Civil Service Board which states: "All hearings shall be open to the public." 10. The meetings closed by the Board were not closed upon i the advice of counsel. The May 31, 1983 meeting was closed and held in private over the express objection of the City Attorney of Sanford, Florida, William Colbert, Esquire, who expressly advised the Board and Board Members, prior to the closure of the meeting, that said closure was contrary to Florida Statutes 9286.011, the Special Act creating the Board, and Rule 26(4) of the Board. 11. Unless enjoined by this Court from holding such closec meetings at which official acts are taken, Defendants will conduct additional closed meetings of a like kind in violation of the laws of this State, as a result of which irreparable injury will be done to the State of Florida and to the general public. 12. Plaintiffs have retained the law firm of Mateer, liarbert, Frey, Bechtel & Phalin, P.A. to represent them in conn�ctiorl 4 v o this ?ct, and have agreed tc oay a reasonabl fee for the services of said firm. i +; WHERE 0RE, Plaintiffs pray that this Court will. ta: �e juris- I , �i diction of Chic matter aru --sue a Leirpnr =ry restraining order, i� !; I W ith notice, enjci -o -.0 : es =rain' ng t;�e Board and -Boa td Menbers ji from holding any •--iosed meetings, formal or informal, at which official acts deliberations are taken. Plai;jtifrS further pray that upon further and final hearing, said temporary order 11be made permanent, and request such other and furthe relief as may..be just and equitable, and for Plaintiffs' c st.s and ii il reasonable attorneys' fees to be -assessed against t 'e Board j and the individual Board Members pursuant to Florida �tatutes jj I! §2°6.011 (4) WILLIAM ,G. MATEER, ES UIRE ID L. EVAN S,S2UI-�E Mateer, Harbert, Frey, Bechtel & Phalin, P.A. 100 Elast Robinson. Street Post Office Box 2854 Orlaneio, Florida :2802 (305) 425 -9044 j; Attorneys for Plai.ntiflfs I' I I I i I i' I i i i i I 3 CIVIL SERVICE BOARD OF CITY OF SANFORD, FLORIDA i 4bIN THE MATTER OF THE HEARING OF BERNARD T. MITCHELL ) This cause coming on to be heard pursuant to application for hearing filed with the Civil Service Board of the City of Sanford, Florida by Bernard T. Mitchell, and after due notice being given in accordance with the law, rules and regulations of the Civil Service Board of Sanford, Florida, and a public hearing having been held, and the Civil Service Board hearing all evidence, and testimony and law presented inbehalf of the parties, and the Civil Service Board being fully advised in the premise, and after careful consideration and deliberation, it is therefore; The JUDGEMENT AND ORDER of the Civil Service Board that Bernard T. Mitchell is not guilty of insubordination and disgraceful conduct and therefore the dismissal of Bernard T. Mitchell by James A. Cohen, Steve Harriett, and initialed by Warren E. Knowles is not sustained effective as of April 6, 1983. Done and Ordered by a majority vote of 3 to 2 by the Civil Service Board on the 12th day of May, A.D. 1983, City Commission Room, City Hall, Sanford, Seminole County, Florida. ATTEST: DONALD JONES BILL MCQUARTERS ATTEST (NOTARY) BOARD SE A CHRSITY U. JOHN rAfty PRC %ft of Nome at %rte ply 000rh&n axplras somm w 9, M3; CUMMISSION XPIRES DP/ JOHN F. DARBY CHAIRMAN IJ DR. LUIS M. PEREZ I HEREBY CERTIFY that a true copy thereof has this day of May 1983, been furnished to: All Civil Service Board Members Civil Service Board Secretary Bernard T. Mitchell' Personnel File City Manager, Warren E. Knowles Asst. City Manager, Steve Harriett Personnel Officer, Francie Wynalda Water Superintendent, Billy Magner Sewer Superintendent, Jerry Herman Plant Superintendent, Jim Cohen (Also acting Public Utility Director) �1 �J EQUAL PROT<CTION EMPLOYER - EMPLOYE OLD BUSINESS: CIVIL SERVICE 130ARD OF THE CITY OF SANFORD SANFORD. FLORIDA 82771 REVISED AGENDA CIVIL SERVICE BOARD MEETING MARCH 10, 1983 8:00 P.M. (City Commission Chambers) DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK 1. Reading of the Minutes of the Regular Civil Service Board Meeting of Thursday January 6, 1983. 2. Open Discussion of Civil Service Rules and Regulations adopted October 7, 1982. :STEW BUSINESS: 1. Bernard T. Mitchell, Appeals Hearing on Dismissal. 2. Adoption of the new Public Safety Employment Application. 3. General discussion of policies and procedures relating to the acceptance of employment applications and their specific contents. 4. For General Information purposes: Newspaper advertising costs for position of Public Utility Director and Police Officer;Recap of and cost of distribution of Revised Rules and Regulations. t�l BEN E. BUTLER CHIEF OF POLICE EMERGENCY 322 -41 41 BUSINESS 323 -5891 • 0 SANFORD POLICE DEPARTMENT 815 SOUTH FRENCH AVE. P. O. BOX 1656 SANFORD, FLORIDA 32771 Refer correspondence to: February 24, 1983 TO: Chief Butler FROM: Ofc. Ronnie T. Nance RE: Firearms Qualifications Incentive Pay Due in part to the overall improvement of firearms qualification scores by Department personnel, it is recommended that the scores to receive Incentive Pay be increased as follows: 1. To receive $5.00, a shooter must obtain a minimum score of 85.5 through a maximum score of 92.4. 2. To receive $10.00, a shooter must obtain a minimum score of 92.5 through a maximum score of 96.4. 3. To receive $15.00, a shooter must obtain a minimum score of 96.5 and above. The following reasons for this change are: 1. To give further incentive for improve- ment in the hope that personnel will work harder on their shooting. 2. To reward those who work at and are consistent in shooting as opposed to those shooters who do not work. 3. The use of the new S &W 686 tends to increase scores. r • • 9 &07,TR&x STATE TREASURER STATE FIRE MARSHAL INSURANCE COMMISSIONER REPLY TO BUREAU OF FIRE STAATDARDS AND TRAINING 1501 S. W. Broadway OaaZa, FL 52675 Phone: 9041732 -0526 FROM: Ray Schaffner, Program Coordinator THE it //� r \_ Y" J77ei_e� t� Larson Building STATE OF FLORIDA TALLAHASSEE 32304 SUBJECT: FINGERPRINT PROCEDURES FOR FIREFIGHTER APPLICANTS EFFECTIVE JANUARY 1983. (1) Fingerprints must be taken prior to the initial employment as a firefighter in compliance with Section 633.34(3), F.S. (2) Upon making application for employment as a firefighter, the applicant shall be fingerprinted by the employing agency or supporting law enforcement agency utilizing fingerprint cards provided by the Bureau of Fire Standards and Training of the Division of State Fire Marshal. (3) The fingerprint cards are then transmitted by the employing agency to the Bureau of Fire Standards and Training, 1501 S. W. Broadway, Ocala, Florida 32675. A fee in the amount of fifteen ($15.00) dollars payable to the "Bureau of Fire Standards and Training" must accompany the fingerprint card for processing. Non - certified personal, or business checks are not acceptable. Payment must be by money order, cashiersfcertified check, or municipal or county government check. Please, DO NOT SEND CASH. (4) The results of the fingerprint criminal history information search will be transmitted to the employing agency from the Bureau of Fire Standards and Training upon receipt by the Bureau. Firefighters may be employed while the fingerprints are being processed. If the fingerprint criminal history information search reveals information that would be grounds for denial of application for employment, then the employment of the firefighter must be denied or terminated by the employing agency. (5) If a firefighter applicant desires to review his criminal history record, he or she may obtain the appropriate form from the Bureau of Fire Standards and Training to apply for release of this information. The dissemination of criminal history information is subject to the applicable laws of this state or the.federal government and /or the applicable rules or regulations of any agency of this state or the federal government. If we may be of any assistance to you, please do not hesitate to contact us. RS /mjo EQUAL PROTECTION EMPLOYER-EMPLOYEE 4 DR. JOHN F. DARBY CIVIL SERVICE 130ARD CHAIRMAN DONALD R. JONES OF THE SECRETARY C I T Y OF S A N F O R D LUIS M. PEREZ SANFORD. FLORIDA 32771 BILL MCQUATTERS GORDON FREDERICK To: All Board Members and Employees From: Christy Johnson, Civil Service Board Secretary Date: February 2, 1983 Subj: Scheduled Board Meeting PLEASE BE ADVISED THAT THE CIVIL SERVICE BOARD MEETING SCHEDULED FOR FEBRUARY 10, 1983 HAS BEEN CANCELLED AND WILL BE RESCHEDULED FOR MARCH 10, 1.983 AT 8:00 IN THE CITY'S MANAGERS CONFERENCE ROOM; • TABLE OF CONTENTS Rules and Regulations of the Civil Service Board Page Rule 1. Meetings of the Civil Service Board 1 Rule 2. Department Rules 1 Rule 3. Position Classifications 1 Rule 4. Reporting Vacancies in Departments 1 Rule 5. Application for Employment 1 Rule 6. Eligible Registers 5 Rule 7. Expiration of Registers .5 Rule 8. Personnel Requisition and Certification 5 Rule 9. Probation 6 Rule 10. Probation Period 6 Rule 11. Probationary Performance Evaluation Report 6 Rule 12. Provisional Appointments 7 Rule 13. Temporary Appointments 7 Rule 14. Part -Time Appointments 7 Rule 15. Emergency Employment 8 Rule 16. Special Requirement: Police & Fire Departments 8 Rule 17. Reinstatements 8 Rule 18. Promotions 9 Rule 19. Performance Evaluations 12 Rule 20. Transfers 13 Rule 21. Causes for Suspension, Demotion & Dismissal 13 Rule 22. Subscription or Contribution to Any Municipal Political Purpose Forbidden 15 Rule 23. Use of Political Influence in Municipal Elections Forbidden 15 Rule 24. Dismissal; Suspension and Demotion of Employees 15 Rule 25. Right of Appeal, Following Outcome of Pre - Determination Hearing 18 Rule 26. Hearing by the Civil Service Board 19 Rule 27. Judgment of the Civil Service Board 20 Rule 28. Military Leave and War Substitutes 20 Rule 29. Records Available to the Civil Service Board 22 Table of Contents ,Rules & Regulations of the Civil Service Board *Page 2 18 Page Rule 30. Duties of the Civil Service Secretary 22 Rule 31. Employee Elections 23 Rule 32. Classification of Employees 26 Rule 33. Employee Grades in Departments 26 Rule 34. Reports to the Civil Service Board 27 Rule 35. Civil Service Board Records 28 Rule 36. Ammendment, Repeal or Supplement of Civil Service Board Rules and Regulations 28 Rule 37. Invalidation of Any Rule or Part of Rules 28 Rule 38.. Adoption of Civil Service Board Rules and Regulations 29 18 CIVIL SERVICE BOARD RULES AND REGULATIONS RULE 1: MEETINGS OF THE CIVIL SERVICE BOARD The Civil Service Board of the City of Sanford, Florida, shall meet in regular session on the first Thursday after the first Monday in each month, at 8 PM in the office of the Board in City Hall. RULE 2: DEPARTMENT RULES 1. The head of each department shall have immediate direction and control of his department, and may make such orders, rules and regulations for the operation of said department as he deems best, provided the same are not in conflict with any rule or regulation promulgated by the Personnel Board. 2. All rules and regulations made by department heads shall be posted upon the bulletin board of their respective departments, and a copy thereof filed with the Civil Service Board. RULE 3: POSITION CLASSIFICATIONS 1. Position classifications for all positions in the City as provided by the City Commission, shall be maintained in the files of the Civil Service Board. • 2. Each position classification shall adequately cover the general duties responsibilities and qualifications required for the position to which it applies. 3. The Civil Service Board will be furnished a revised position class- fication upon a significant change in the duties of any position. RULE 4: REPORTING VACANCIES IN DEPARTMENTS The heads of departments shall promptly report to the Civil Service Board all vacancies which occur in their respective departments through the use of a Personnel Requisition. RULE 5: APPLICATION FOR EMPLOYMENT 1. Filing Applications -- a. If the Civil Service Board determines there are not sufficient applications on file for a specific job, the Civil Service Board shall recruit applicants by advertising in newspapers. Positions shall remain open for two (2) weeks following the advertisement. However, any person who has previously filed a timely application, shall be considered for employment as well, provided that the applicant meets the requirements as established by these rules and regulations. F _� i� . b. Applications for employment may be filed with the Civil Service Board at any time, but to be eligible for employment, the application must be filed on or before the final date announced in the legal advertisement for filing applications. c. Applications filed prior to a job advertisement shall be recert- ified on or before the final date for filing applications if the applicant wishes to be considered for employment. The recerti- fication may be made by contacting the Civil Service Board either in person, by telephone or by mail. A. All applications must be made upon a form or blank furnished by the Board and must be completed personally by the applicant. Incomplete applications may be corrected or revised by applying in person to the Civil Service Board before the final date announced for receiving applications. 2. Term of Application Applications for positions in the classified service shall be active for a period of one (1) year from date the application is filed, unless it becomes void by virtue of some other rule of the Board, or is withdrawn by the applicant. If the application is not renewed by the end of one (1) years' active period, it is placed in an inactive status for one (1) year and is destroyed thereafter unless renewed. However, no such application or papers shall be destroyed if the applicant is at the time in the employ of the City, or is eligible for appointment or reinstatement. 3. Citizenship and Residence Requirement a. CITIZENSHIP. 'No person shall be denied employment because of lack of citizenship or because of national origin unless the denial is based on Federal or State regulations. b. RESIDENCY. Employees may be required to reside within the limits of the City of Sanford at the discretion of the city governing officials. 4. Age Limits a. Applicants for positions in any department of the City must not be under 18 years of age prior to the date of employment to a position in the City, unless such age is waived in the provisions of para- graph 4.c. of this rule. b. Age limits for the Police and Fire Departments will be in accordance with the age limits specified by State and Federal l.aws. c. Waiver of Age Requirement OF The minimum age of 18 may be waived by the Civil Service Board when in the judgment and decision of the Board, the particular circum- stances warrant the necessity of such action. 0 5. 6. 7. �� (is • Physical Fitness and Examination a. 3 Applicants for any position within the scope of the City service shall be required to undergo a physical examination and be certi- fied physically eligible by the City Physician. Proof produced at any time of a physical disability or incapacity of an applicant or eligible shall be deemed sufficient cause to exclude the applicant from examination, or for removal of an eligible's name from an eligible registe b. The required physical examination must be obtained before, but not more than 48 hours prior to employment. Applicants not meeting the prescribed physical standards will not be employed. RafarPnrPt All applications for positions in the classified service will contain the names and complete mailing addresses of not less than three (3) citizens, none being relatives, who are personally acquainted with the applicant. Special Qualifications In the case of applicants for examination for positions requiring technical, professional or scientific knowledge and experience, or for positions which require special qualifications, the Board may demand evidence of a satisfactory "degree of education ", training or experience and may demand such certificates of competency for the practice or the profession, art or trade involved. Disqualification a. The Board mad refuse to certify as eligible, applicants found to lack any of the established preliminary requirements for the examination or position for which they apply, or who have practiced or attempted to practice any deception or fraud in their applications, or in securing their eligibility or appointment; or who are dis- qualified under the provisions of paragraph 9 of this rule. b. Former employees who resign while not in good standing with their department, or under suspension, shall be disqualified from future consideration for employment unless in the judgment of the Board the disbarment should be removed. Persons affected by the foregoing provisions may, at their request, be given an opportunity to be heard in their behalf. c. Any person who has resigned, or hereafter may resign under charges, or who has been, or may hereafter be dismissed upon charges, shall not, without approval of the Board and of the head of department in which he served, be considered for employment in any position in the classified service. 4 • 9. Special Provisions a. The political or religious views and opinions of applicants for employment under the provisions of these Rules and Regulations shall not be considered by the Board, except that any applicant who is a member of any organization, movement, group or combi- nation of persons which advocates the overthrow of our constitu- tional form of government, or which has adopted the policy of advocating or approving the commission of acts of force or violence to deny other persons their rights under the Constitution of the United States or the State of Florida, or which seeks to alter the form of government,of the United States or the State of Florida by unconstitutional means, shall not be admitted to any examination for employment, or be employed by any City of Sanford governmental department or agency within the scope of the city. b. Any person employed by the City who becomes a member of any organization, association, or movement whose aims are as those set forth in Paragragh 9a., of this Rule, or refuses to uphold and support the laws and ordinances of the City of Sanford, shall be dismissed from employment with the City. c. The Board shall not consider any communication as to the quali- fications or merits of any candidate for a position except as it may invite by way of verification of statements made by candidates. 10. Veterans' Preference: As provided for in Florida Statutes, the Civil Service Board in its consideration of applicants will give preference to disabled veterans who have served on active duty in any branch of the Armed Forces of United States; who have been separated there from under honorable conditions and who have established the present existence of a service - connected disability which is compensable under public laws administered by the U.S. Veterans'. Administration, or who are receiving compensation, disability retirement benefits, or pension by reason of public laws administered by the U.S. Veterans' Administra- tion and the Department of Defense. The spouse of any person who has a total disability, permanent in nature, resulting from a service- connected disability and who, because of this disability, cannot qualify for employment, and the spouse of any person missing in action, captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power shall also be extended preferential consideration for employment. A veteran of any war who has served on active duty for 181 consecutive days or more, or who has served 180 consecutive days or more since January 31, 1955, and who was discharged or separated therefrom with an honorable discharge from the Armed Forces of the United States of America if any part of such active duty was performed during the war time era shall also be extended preferential consideration for employment. Additionally, the unremarried widow or widower of a veteran 5 who died of a service - connected disability shall be extended preferential consideration for employment. Veteran preference shall be granted only when the applicant meets the entry level qualifications for the position. Those veteran's who have been assigned a 30% or more disability by the Veterans' Administration and meet the entry level qualifications of a given position will be placed at the top of the appropriate register in accordance with their augmented ratings. RULE 6: ELIGIBLE REGISTERS 1. From the. returns or reports of the Board Secretary, the Board shall .prepare a register for each grade or class position in the classified service. These registers will contain the names of persons.certified as eligible for the employment or promotion. RULE '7: EXPIRATION OF REGISTERS 1. Unless otherwise provided for herein, eligible registers for entrance or promotional positions may be cancelled by the Personnel Board after a period of not less than one (1) year. 2. Eligible registers for the positions of Police Sergeant through Police Chief, and Fire Department Senior Firefighter through Fire Chief, will remain in effect for a period of not more than one (1) year, at which time the lists will be automatically cancelled. 3. The names of eligible applicants on re- employment registers shall remain thereon for a period not to exceed one (1) 'year, unless such period is extended by the Civil Service Board. RULE 8: PERSONNEL REQUISITION AND CERTIFICATION 1. Requisition Whenever a vacancy occurs in the classified service, the appointing authority shall submit a Personnel Requisition to the Civil Service Board for a certified applicant to fill the vacancy. 2. Certification a. Upon receipt of a requisition the Board will, unless the vacancy is to be filled by reinstatement or transfer, certify to the appointing authority the names of the applicants on the eligible register who possess the qualifications appropriate to satisfy the duties of the position to be filled. b. A certified eligible applicant may accept certification to a position in a lower class in the same series than that for which he qualified. An applicant who accepts certification in such lower class shall retain his standing on the eligible register for the higher level position, but may not be certified for consideration of appointment to the higher level without the approval of his department head. • c. No name shall be certified from an entrance level or promotional register more than three (3) times to the same department within a period of three (3) consecutive months. d. An applicant on an existing register for a specific position who has previously waived an appointment and later withdraws said waiver, shall be submitted for consideration for appointment along with other qualified applicants for the same position. RULE 9: PROBATION 1. Any appointment, whether from an entrance or promotional eligible register, shall be on probation. If any probationer is found incompetent: or unqualified to perform the duties of the position to which he has been appointed, the appointing authority may dismiss the probationer if the appointment was made from an entrance eligible register. If the probationer was appointed from a promotional register, and is found to be unsatisfactory, he shall be returned to the same or similar position from which promotion was made, if such a position is available. 2. An.employee dismissed before the expiration of his original probationary period in the City service shall not be entitled to appeal to the Civil Service Board. 3. Any dismissal or reduction action taken under the provisions of Para- graph 1 or 2 above will be reported to the Civil Service Board, with information as to.the reasons for such action. RULE 10: PROBATION PERIOD 1. The probationary employment period for all city appointees or promotees shall be for a minimum period of 12 months, and such probationary employment may be extended in accordance with the provisions of this Rule. 2.' The date a probational appointment shall begin shall be the first day of employment. 3. "Time served on probation" shall be as determined by the Civil Service Board. 4. Extension of Probationary Employment Period. The Civil Service Board may extend the probationary employment of a probationer for periods as may be determined by the Board. RULE 11: PROBATIONARY PERFORMANCE EVALUATION REPORT 1. When a probationary appointee or promotee has served 6 months, but not more than 11z months of a probationary period, the employee's supervisor will submit a performance evaluation report to the Civil Service Board on the employee. Prior to submitting the report, it will be reviewed by the employee who will sign it. The report will be forwarded through the appropriate department and will contain either the concurrence or non- concurrence of the department head. 1k 7 I( • 2. If the employee refuses to sign the report after the review has been made, the supervisor and the department head will certify that it has been reviewed with the employee. 3. The report required by this Rule will be made on the appropriate Per- formance Evaluation form for Supervisory or Non - Supervisory personnel. RULE 12: PROVISIONAL APPOINTMENTS A, RULE 1. Upon receipt of a requisition to fill a position for which there is no eligible register, the Board will submit to the appointing authority the names of several persons, one of which may be given a provisional appointment to fill the position pending certification and establishment of a register. The person or persons considered for a provisional appointment shall meet the minimum or desirable qualifications as to training and experience for the position, and shall be eligible for employment in the position in question. 2. Provisional appointments normally will remain in force not to exceed 60 days. However, when circumstances prohibit the establishment of an appropriate register within the original 60 day period, the Civil Service Board may continue the appointment on a month -to -month basis until the register is established. 13: TEMPORARY APPOINTMENTS 1. Upon the receipt of a requisition to fill a vacancy of an essential temporary or transitory nature, the appointing authority may make a temporary appointment to remain in force not to exceed 90 days. Qualified applicants on eligible registers shall be given priority of consideration, if available for temporary appointment. 2. The acceptance of temporary employment, or the refusal thereof by any eligible will in no way effect the future consideration of such eligible for appointment to the class position for which he or she is certified. 3. Temporary appointments may not be continued beyond the 90 day period without approval of the Civil Service Board. 4. As required by Paragraph 1.b. of Rule 36, a report of all temporary appointments will be submitted to the Civil Service Board. RULE 14: PART -TIME APPOINTMENTS 1. Upon receipt of a requisition to fill a vacancy of a part -time nature, the appointing authority may make a part -time appointment. Qualified applicants on eligible registers will be given priority consideration, if available for part -time employment. 2. The acceptance of part -time employment, or the refusal thereof by �i an eligible will in no way effect the future consideration of such eligible for appointment to the class position for which he or she is certified. 3 WULE 15: � 0 I ' EMERGENCY EMPLOYMENT 1. Qualified applicants on eligible registers shall be given priority of consideration, if available, for emergency employment. 2. The acceptance of emergency employment, or the refusal thereof by an eligible will in no way effect the future consideration of such eligible for appointment to the class position for which he or she is certified. RULE 16: SPECIAL REQUIREMENTS: POLICE AND FIRE DEPARTMENTS 1. Age, Education and Physical Requirements a. In addition to the applicable provisions of the general requirements for employment, applicants for the position of Police Officer and Firefighter must not be less than the minimum age as prescribed by Federal and State Regulations at the time of examination, have a high school or equivalent education, be able to pass the medical examination co.nducted by the City Physician and possess the minimum certifications as prescribed by the Florida Police Standards and Training Commission or Florida Firefighter Standards Training Council. RULE 17: REINSTATEMENTS 1. To Previous Position a. Any former classified employee who resigned from employment while in good standing, may within one (1) year from date of resignation, be reemployed in-his former position under the following conditions: (1) Approval by the Civil Service Board. (2) A vacancy exists. (3) If he meets current minimum qualifications as to training and experience for the class of position. (4) Providing his qualifications coincide with existing pension laws. (5) If he meets current minimum physical quali- fications for the position. A physical examination by the City Physician is required in order to ascertain this fact. 2. To Eligible Register a. Upon written request to the Civil Service Board any former permanent. or probationary employee, who resigned from employment while in good standing may, have his name entered on an eligible register under the following conditions: E • Cl) Approval by the Civil Service Board (2) Request is for reinstatement to the eligible register from which the applicant's most recent appointment was made. (3) The period of separation does not exceed one (1) year from date of resignation. (4) The applicant meets all current minimum qualifications for the classification to which appointment is desired. (5) If applicant is selected for appointment, he must meet physical requirements for the class position to which appointment is being considered. A physical examination by the City Physician is required to determine the applicant's physical eligibility. RULE 18: PROMOTIONS a. Method of Promotion (1) Promotions to any higher grade or rank, except to the position of Chief of the department, shall be accomplished from within the grade below that in which the vacancy occurs. However, • should there be no eligible employees in the lower grade or f grades, or should those eligible fail to qualify for promotion \ for any reason, the Board may open the selection to eligible classified personnel and to the general public. (2) In accordance with the provisions of the City Charter, appointments to vacancies in the position of Chief of Police and Fire Chief are made by the City Commission from a list of eligibles furnished by the Civil Service Board to be considered for the position of department chief. However, should less than three (3) persons qualify for certification, or should none of those certified be selected to fill the vacancy, the Civil Service Board may then open to eligible classified personnel, and to the general public. b. Police Department and Fire Department Minimum Requirements for Promotion or Appointment Within the Police Department or Fire Department (1) Eligibility for certification for promotion within the Police Department or Fire Department, from any rank to a higher rank, or by appointment, from any rank to a higher rank, up to and including that of captain or assistant chief, shall require that the candidate or candidates have: i • (a) POLICE: Successfully passed the basic police officer training course as prescribed by the State of Florida Police Standards and Training Commission. (b) Successfully demonstrated a practical knowledge of, and proficiency in the use of, the firearms and related equipment listed in Appendix I attached hereto on page 11, and have attained the minimum standards and requirements set forth therein. A certificate, signed by both the Police Chief and the Police Department Training Officer, certifying that the candidate has qualified within a period of not more than 90 days prior to certification action by the Civil Service Board, shall be required. (c) FIRE: Successfully passed the basic Firefighter Training Course as prescribed by the State of Florida Firefighter Standards and Training Council. Must also have passed the EMT course and have current certification. (2) EXEMPTIONS Non- sworn,clerical and administrative personnel whose actual duties are administrative in nature, shall NOT be subject to the provisions of subparagraphs (a) and Tq of paragraph l.b. (1) of this Rule. 2. All Departments Except Police & Fire a. Method of Promotion (1) In so far as is practicable and feasible, advancement from class to class in a series, except to the position of department head or Finance Director, including City Clerk and Assessor, and Tax Collector, will be made on the basis from within the department in which the vacancy occurs. (2) In accordance with the provisions of the City Charter appoint- ments to vacancies in the position of department heads and Finance Director, including City Clerk and Assessor, and Tax Collector, are made by the City Commission from a list of eligibles furnished by the Board. Employees within the department in which the vacancy occurs will be afforded an opportunity to undergo an interview by the Board to determine their qualifications and fitness for the position to be filled. However, should none of those certified be selected to fill the vacancy, the Board may then seek applications from eligible classified personnel and from the general public. (. • 10 • 1. Range Qualification FIRING POINT DISTANCE #1 7 yd. #2 15 yd. #3 25 yd. #4 50 yd. APPENDIX I POSITION Crouch Standing Pt. Shoulder Free Kneeling Barricade Left Hand Barricade Right Hand Prone Kneeling Barri- cade Strong -Hand Barricade NO'. ROUNDS 12 D/A 12 D/A 6 D/A 6 D/A 6 D/A 6 D/A or S/A 6 D/A or S/A 6 D/A or S/A TIME 25 sec. 30 sec. 90 sec. 120 sec. • A point score of 80 out of .100 for promotion to the rank of sergeant or above. A point score of 70 out of 100 must be maintained by every sworn officer. 2. Demonstrate a practical and proficient knowledge of the 12 Ga. riot shotgun as provided by the Sanford Police Department: A. Operation B. Loading and Unloading C. Safety with Weapon D. Different Types of Ammunition E. Care and Cleaning 3. 30 Caliber M -1 Carbine - same as item #2. 4. Gas Mask - demonstrate a practical knowledge thereof. 5. Chemical Mace - Demonstrate a practical knowledge thereof. 6. All other weapons in the Police Department Armory are classified as special weapons and are handled only by those officers of the "Special Weapons Team" and who are assigned to that weapon. 11 • 3. Eligibility To be eligible to compete for any promotion an employee must have permanent status, and meet minimum qualifications, training and experience required for the position to be.filled; unless otherwise exempt by the Civil Service Board, 4. Special Skill The head of any department may recommend a member or members of his department for appointment, regardless of rank and length of service, to a position requiring special skill and knowledge which are not considered as promotions. All such appointments will be subject to the approval of the Board. 5. Investigation of Employees Under Consideration for Promotion An investigation will be made on all employees applying for a promotion or who are being considered for a promotion. Any employee may be prohibited from or denied advancement if found guilty of any of the following: Has been previously dismissed or suspended from public service for reasons of delinquency, presently is on suspension for reasons the nature of which is just cause for rejection; has made false statements of any (• material fact; or attempted to practice deception or fraud in his application in securing eligibility for advancement or promotion. 6. Notices of Promotional Opportunity Notice of-promotional opportunity shall be posted in the depart- ment in which the promotion is to be made. Such notice shall give the description requirements of the position, and shall indicate the class or rank of those eligible to participate. RULE 19: PERFORMANCE EVALUATIONS 1. Reports relative to the conduct and capacity of employees shall be made annually by department heads. Records, reports and levels of efficiency of each employee shall be open to inspection and re -view by the Board and department heads concerned. The efficiency of the employee shall be ascertained by the use of the Performance Evaluation Report form. 2. Prior to submitting an evaluation to the Civil Service Board, the department head, or rating official will review the report with the employee concerned. Following the review, the employee will sign the report indicating that he required review has been made. (0 12 W • RULE 20: TRANSFERS - 1. An employee may be transferred from a position in one department to a position in the same class and character of work in another depart- ment, provided there is no change in pay involved, and provided such transfer is agreeable to the department heads concerned and to the City Manager. 2. If an employee requests a transfer to a position in another depart- ment and is consequently transferred, he shall serve a twelve month probationary period in the new position. If the employee is found to be unqualified for incompetent in performing the duties of the new position, he shall be returned to the position from which he was transferred provided a vacancy exists. If there is no vacancy and the employee was classified in the position from which he was transferred, he shall be released and his name placed on an appropriate eligible register in accordance with his examination grade. 3. Should an employee become physically unable to perform his assigned duties, the City Manager may transfer him to a position which he has the ability to fill in the same or lower classification. 4. Transfers shall not be permitted where the qualifications of the employee were not of the character and standard of such employee for the position to which it is proposed to make the transfer. .�• 5. Any classified employee transferred under the provisions of Para- graph 3 of this Rule may appeal the transfer action to the Civil Service Board. The appeal must be submitted in writing and delivered to the Civil Service Board within 10 days after date of transfer. The hearing of the appeal, and judgment of the Board will be in accordance with the provisions of Rule 26. RULE 21: CAUSES FOR SUSPENSION, DEMOTION AND DISMISSAL Just causes for dismissal, demotion in service or suspension are listed below although dismissal, demotion or suspension may be made for other just causes: •(1) The employee has committed an act which violates - the criminal laws of the State of Florida or has been convicted of a felony, or of a misdemeanor involving moral turpitude. (2) The employee has willfully, wantonly, unreasonably, Unnecessarily or through culpable negligence been guilty of brutality or cruelty to an inmate or prisoner of an institution or to a person in custody, provided the act committed was not necessarily or lawfully done in self- defense, or to protect the lives of others, or to prevent the escape of a person • lawfully in custody. (3) The employee has violated any of the principles of the-merit system of these Rules. (4) The employee has violated any lawful official regulation or order or failed to obey any proper - direction made and given by a superior officer. (5) The employee has used or been under the influence of non - prescribed drugs or intoxicants while on duty. (6) The employee has been guilty of insubordination or of disgraceful conduct. (7) The employee is offensive in his /her conduct or language in public or towards the public, officials or employees. (8) The employee is incompetent or inefficient in the performance of the duties of his /her position. (9) The employee is careless or negligent with the monies or other property of the City of Sanford. (10) The employee has used or threatened to use, or attempted to use, personal or political influence in securing promotion, leave of absence, transfer, change of pay rate, or character of work. (11) The employee has induced or has attempted to induce an officer or employee of the City of Sanford to commit an unlawful act or to act in violation of any lawful departmental or official regulations or order. (12) The employee has taken for his /her personal use from any person any fee, gift, or other valuable thing in the course of his /her work or in connection with it, when such gift or other valuable thing is given in the hope.or expectation of receiving a favor or better treatment than that accorded other persons. (13) The employee has engaged in outside activities on Governmental time, or has used City of Sanford property for personal gain. 14 15 • RULE 22: SUBSCRIPTION OR CONTRIBUTION TO ANY MUNICIPAL POLITICAL PURPOSE FORBIDDEN No employee of the City of Sanford shall solicit orally or by letter or receive or pay, or be in any manner concerned in soliciting, receiving or paying any assessment, subscription or contribution to any municipal political purpose whatever. RULE 23: USE OF POLITICAL INFLUENCE IN MUNICIPAL ELECTIONS FORBIDDEN No employee of the City of Sanford shall use his official authority or influence to attempt to influence or coerce the political action of any person or body, or to in any way interfere with any nomination or election to municipal office. No employee shall take part in the conduct of any municipal election campaign further than to vote or to perform any official duty in connection therewith. RULE 24: DISMISSAL, SUSPENSION AND DEMOTION OF EMPLOYEES The appointing authority may suspend an employee with status only for cause, for a period not to exceed thirty (30) calendar days. The appointing authority may dismiss any employee with status only for cause. Prior to suspension or dismissal, the appointing authority shall furnish the employee, the Personnel Office and the City Manager, a detailed written statement of the charges for'suspension or f`. dismissal. Said charges for suspension or dismissal shall be restricted to actions occurring within two (2) years prior to the date of the written statement, except that charges for criminal vio- lations may be included if the statute of limitations under Florida law has not expired for said violations. This statement shall include the alleged offenses, the dates of alleged offenses, the Personnel or Civil Service Rules that have been violated and all necessary data. Immediately upon receipt of the detailed written statement, the Personnel Office shall notify the employee by registered or certified mail that he /she will be afforded an opportunity for an appeal hearing before a hearing officer. It shall be the duty and -responsibility of the employee to inform the Personnel Office of his/ her intention to appeal or not to appeal within five (5) calendar days after receiving notification from the Personnel Office. Failure to notify the Personnel Office shall be construed as a waiver of any further right to appeal and the action of the appointing authority shall be sustained. Upon receipt of request for hearing, the Personnel Office shall set a hearing and immediately notify the disciplined employee by registered or certified mail, return receipt requested. The disciplined employee may waive this registered or certified receipt and appear at the Personnel Office and sign a receipt for his proper notification of the hearing date. 16 • If the. retention of the employee would result in any of the following extraordinary situations, an appointing authority may immediately suspend an employee without pay pending a hearing date. The following are considered extraordinary situations and are deemed as the exceptions to the first paragraph of this Rule. (I) The retention of the employee would result in damage to municipal property. (II) The retention of the employee would be injurious to the employee himself. (III) The retention of the employee would be injurious to fellow employees. (IV) The retention of the employee would be injurious to the general public. (V) The retention of the employee would be detrimental to the interests of the City of Sanford. (b) (2) Any of the following situations may be utilized and are examples of the type of criteria to be utilized to immediately . dismiss any employee without pay according to the subparagraph (b) exceptions. (I) Drunkenness on the job. (II) Use of illegal drugs on the job. (III) Commission of an act which constitutes a felony offense or a misdemeanor involving moral turpitude under the criminal laws of the State of Florida. (IV) Brutality or cruelty to an inmate, an employee, or to the general public while on duty. ('c) If any of the above criteria as outlined in sub- paragraph (b) are met, an employee may be immediately suspended without pay up to twenty -one (21) days or immediately suspended without pay for twenty -one (21) days with dismissal to follow. In either of the above situations, a detailed written notice of the charges shall be furnished to the employee, the City Manager and the Personnel Office within twenty -four (24) hours after commencement of suspension. This statement shall include the alleged offenses, • the date of alleged offenses, the Rules or Policy that have been violated and all necessary data. an. .11 17 • Immediately upon receipt of the detailed statement, the Personnel Office at the employee's request, shall set a hearing date no later than twenty (20) days from receipt of said statement and immediately notify the disciplined employee by registered or certified mail, return receipt requested. Immediately upon receipt of the detailed statement containing the charges and specifications, the Personnel Office shall notify the employee by registered or certified mail that he /she will be afforded an oppor- tunity for an appeal hearing before the hearing officer. It shall be the duty and responsibility of the employee to inform the Personnel Office of his /her intention to appeal or not to appeal within 5 calendar days after receiving notice from the Personnel Office. Failure to so notify the Personnel Office shall be construed as a waiver of any further right to appeal and the action of the appointing authority shall be sustained. The disciplined employee may waive any registered or certified receipt and appear at the Personnel Office to sign receipt of proper notification. (d) Where an employee has been suspended as provided in subparagraph (b) of this rule and the reason for such �• suspension is that such employee has committed an act which constitutes a felony offense or a misdemeanor involving moral turpitude under the criminal laws of the State of Florida and criminal charges are pending against said employee, and it is considered by the appointing authority that the retention of the employee would result in damage to municipal property, would be injurious to the employee him /herself, would be injurious to a fellow employee, would be injurious to the general public or would be detrimental to the interest of the City government, then and in that event, said employee may request the Personnel Office that his /her scheduled hearing be postponed and that his /her suspension continue without pay until such criminal charges have been disposed of. The City Manager may approve such request provided such employee has filed with the Personnel Office a waiver in writing to the effect that if he /she is successful in his /her appeal of said suspension to the Personnel Office a waiver in writing to the effect that if he /she is successful in his /her appeal of said suspension to the Personnel Office that he /she waives any right to salary during such period of suspension. Upon final disposition within 10 days in writing and request that his/ her appeal hearing be rescheduled, or in the alternative tender written resignation of his /her position with the • City. In the event the employee requests that his /her appeal hearing be rescheduled, then the Personnel Office shall schedule the hearing within 20 days after receipt of the written request. • (e) The provisions of subparagraph (d) of this Rule shall not be waived in any respect unless such waiver is approved by the City Manager. (f) Appeal of a grievance by an employee may not of itself be used as a ground for disciplinary action. Demotion (a) The movement of an employee with status to a position in a lower class is a demotion. For this purpose, a lower class means a class having a salary lower than the grade of the position in which the individual is employed. (b) An employee with status may be demoted for lack of work in his /her class, or for cause, and in case of the latter, only after the employee has been presented with the reasons for such demotion in writing, and has been - allowed at least 15 calendar days to reply thereto in writing, or upon request, to appear personally or with counsel and reply to the appointing authority. A copy of the statement of reasons and the reply shall be filed with the Personnel Office and the City Manager. An • employee with status may appeal his demotion for cause. i (c) If for personal or other reasons an employee requests that he be assigned to a position of a lower class, the appointing authority may make such a demotion if approved by the City Manager, providing the following conditions are met: (1) the request is in writing; (2) the request is made on a voluntary basis. In such cases, the demotion will be deemed to have been on a voluntary basis and from which there shall be no appeal. 2. Written charges may be preferred by the authority which appointed such subordinate, the City Commission, the City Manager, any taxpayer, or any qualified elector of the City, against any employee in the classified service, and the Board shall give such employee an opportunity to be heard in his own defense. Such charges shall be investigated, heard and determined by the Civil Service Board, and its findings and judgment certified to the appointing authority for enforcement. RULE 25: RIGHT OF APPEAL, FOLLOWING OUTCOME OF PRE - DETERMINATION HEARING 1. Any classified employee has the right, within 10 days after receipt of notice of his dismissal, suspension, demotion, or transfer, to appeal to the Civil Service Board. 2. Should any employee who has been transferred, dismissed, suspended or demoted fail to appeal to the Civil Service Board within 10 days from i • date of notification of such action, the action shall stand approved by the Civil Service Board without any further or special action of the part of the Board. • RULE 26: HEARING BY THE CIVIL SERVICE BOARD 1. Upon receipt of an appeal submitted in accordance with Rule 26 of these Rules and Regulations, the Civil Service Board shall schedule a hearing. The authority which made the transfer, dismissal, suspension or demotion, and the employee affected thereby shall be notified of the date, hour and place the hearing will'be held. Said notice shall be delivered to said persons by any member of the Sanford Police Department or by registered return receipt mail. Any police officer delivering notices required by this rule shall immediately submit a report to the Civil Service Board of the time and date each notice was delivered. 2. After not less than 5 days from date of delivery of notice required by sebsection above, the Board shall hear evidence for and against the action taken by the authority. 3. All hearings by the Civil Service Board shall be held in the City Commission Room of the City Hall in Sanford. 4. All hearings shall be open to the public. 5. Hearings may be adjourned from day to day. 6. The authority effecting such transfer, dismissal, suspension or demotion and the employees affected thereby shall have the right to �• produce witnesses to support their respective positions, to be represented by counsel, and to have witnesses summoned to testify in their behalf. 7. Witnesses summoned shall be entitled to a each day or part of a day's attendance at said fee shall be determined by the Civil specified in the Personnel Rules and Regu shall bear the expense of not more than 4 hearing. reasonable monetary fee for a hearing. The amount of Service Board, and be lations. However, the City witnesses appearing at a 8. In the course of conducting hearings in accordance with the provisions of this rule, each Board member shall have the power to administer oaths, and the Board shall have the power to require the City Clerk to subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to such hearings. 9. Any employee of the City of Sanford served with a subpoena issued by the City Clerk at the request of the Civil Service Board to appear and testify or to produce books and papers and who shall refuse or neglect to appear or testify or to produce books and papers relevant to a hearing is subject to dismissal from City employment. • 19 20 OULE 27: JUDGMENT OF THE CIVIL SERVICE BOARD 1. After hearing evidence, the Civil Service Board may affirm or reverse the action of the authority in dismissing, suspending, transferring or demoting an employee. Further, it is the prerogative of the Board to mitigate the sentence imposed by the appointing authority when the evidence presented indicates that such mitigation is warranted. The judgment of the Board shall be recorded in its minutes and certified to the authority who initiated the charges. 2. If the action of the authority is reversed and without mitigation, the employee affected shall be restored to his rank and seniority and paid the compensation to which he would have:otherwise been entitled. 3. If the action of the authority is affirmed, then the employee shall be held to have been dismissed, suspended, transferred or demoted as of the date of action of such authority. 4. If the action of the appointing authority is mitigated, the findings and judgment of the Civil Service Board shall be certified to said authority for enforcement. ARULE 28: MILITARY LEAVE AND WAR SUBSTITUTES 1. Military Leave a. Military leave will be granted to employees for the purpose of serving on active duty in any component of the United States armed services under either of the following conditions: 1. During a national emergency. 2. To permit an employee to serve an obligated tour or military service under the provisions of the most recent applicable federal or state statute. b. Re- employment Rights. Employees granted leave of absence under the provisions of paragraph l.a. of this Rule are entitled to re- employment rights as established by the Selective Service Act of 1948. Additional qualifications which must be met in order to be eligible for re- employment after discharge are: 1. The position left must have been other than temporary. 2. The position must have been left immediately prior to entry into the military service: 3. Entry during the effective dates of the Selective Service Act may not be for a period of more than 3 t years, and must have been the first period of duty during the effective dates of the act. 4. Discharge or release from the service must be honorable. 5. Application for re- employment must be made within 90 days after discharge from active military service. 21 c. The City Manager shall grant leave of absence to employees who are members of the military reserves or national guard to permit such employees to participate in the regular annual training periods of their assigned units. Leave granted under the provisions of this paragraph shall not exceed 17 days in any one annual period. d. Any employee returning from a military leave of absence, except leave granted under paragraph c. of this Rule, and is entitled to re- employment, will be required to undergo a physical examination by the City Physician to establish the fact that he is physically and mentally capable of performing the.duties of the position to which he is seeking re- employment. 2. War Substitutes a. Emergency employees appointed to take the places of regular or probationary employees absent in the armed forces shall be designated and referred to as "War Substitutes ". b. War substitutes shall be required to submit to regular physical examinations in order to qualify to work for a period in excess of 60 days. If they fail to qualify and no eligibles are available, they shall work only until the manpower shortage subsides to the extent that adequate eligible lists may be prepared and • the war substitutes replaced with qualified eligibles 'to serve on same temporary basis until the veterans whose positions they are occupying, return to the City's employ. c. War substitutes shall relinquish the positions they hold upon the return of the regular or probationary employees from the armed services. Nothing in the Rules of the Personnel Board shall obligate the City to grant any war substitute employee any permanent status in the classified service of the City. d. If a war substitute passes the physical and possesses job entry level qualifications and is thereby eligible for certification, his status, nevertheless, will remain that of a war suhstitute until the veteran whose place he is filling returns to the City's employ or otherwise abandons his right to re- employment. A war substitute who possesses entry level qualifications and whose services are terminated, may have his name placed on a re- employment list for a period of one (1) year for re- employment in the appropriate classification should a vacancy occur. However, if a veteran fails to apply for, or is otherwise ineli- gible for re- employment, the war substitute serving in such veterans position may, if qualified and certified be considered for appointment. War substitutes unable to qualify for appointments in the classified service will not be entitled to have their names placed on any re- employment list. 22 • e. Any classified employee who may be promoted or advanced to fill a position formerly held by an employee given leave of absence to serve in the military services, shall, upon return of said employee, be returned to the position of equal rank or grade. If the permanent employee has been promoted to fill such a position on a war substitute basis, and is returned to his or her former position as provided for herein, his or her name shall be placed on the appropriate eligible register for consideration for promotion when vacancies occur. f. Any classified employee of the City who has been granted a military leave of absence shall not be deprived of his or. her opportunity for a promotion, provided that he or she possessed the position qualifications prior to his leave of absence and his name appeared on a promotional eligible list at the time leave shall be promoted when his name is reached on the promotional list. The person whose name is next on the list shall then be promoted on a war substitute basis until the employee absent on military leave first entitled to the position returns and is reinstated, or otherwise abandons his right to or is ineligible for re- employment. g. Nothing contained in this Rule shall obligate the City to grant any war substitute employee, who has not been qualified by the Civil Service Board and medical examination, any eligibility status or any other employment rights. Those who have not been qualified by the Civil Service Board and appropriate medical examinations shall likewise be entitled to no employment, eligibility or Civil Service Board rights that may jeopardize or affect the rights of permanent classified employees who have been granted leaves of absence to serve in the armed forces of the United States. RULE 29: RECORDS AVAILABLE TO THE CIVIL SERVICE BOARD Personnel records of all employees of the City of Sanford shall be open to inspection and examination by the Civil Service Board. RULE 30: DUTIES OF THE CIVIL SERVICE SECRETARY 1. The Civil Service the Civil Service serve all notices files; preserve a related duties as Personnel Board. Board Secretary shall, under the direction of Board, keep the minutes of the proceedings; directed by the Board; maintain records and 11 reports and correspondence; perform such other required by this office and directed by the 2. The Civil Service Board Secretary-shall be authorized to advertise for applicants without prior approval of the Civil Service Board, when such action is considered necessary. However, a report will be made to the Board of any action taken under this authorization. 23 . 3. In addition to the duties set forth in paragraph 1 of this Rule, the Civil Service Board Secretary shall act as Secretary to the Civil Service Board Election Committee appointed under paragraph 3a, section 3 of the Civil Service Act. In this capacity, the Civil Service Board Secretary will inform the Election Committee when an election is due; prepare and post notices of the election; furnish the election committee with at least three copies of a roster of employees eligible to vote in said election; assist in preparation of ballots; furnish the election committee necessary and required forms for certifying results of the election; be responsible for delivering certified copies of the election results to the City Clerk; inform the person elected to the Board of his election; and inform the City Manager and the Civil Service Board of the results of the election. RULE 31: EMPLOYEE ELECTIONS 1. Elections Employee elections, authorized under the provisions of Section 3 of the Civil Service Act, to elect members to the Civil Service Board will be held annually, except that Special elections will be held as provided for in paragraph l.b. of this Rule. a. Annual Elections. Annual elections will be held not • later than the last day of June of each year to elect a Board member to fill the vacancy on the Board which will be created by the expiring term of the employee elected member, whose term as a Board member expires on June 30 of that same year. b. Special Elections. Special election to fill an unexpired term of an employee elected Board member who has resigned, died, or been removed, will be held as soon as possible after the vacancy occours. 2. Eligibility to Vote in Employee Elections All personnel who have served the necessary probationary period of employment and have thereby gained full classified status shall be eligible to vote in employee elections. 3. Notice of Elections At least two (2) weeks prior to the date of any election to be held under the provisions of this Rule, the Secretary to the Civil Service Board will prepare a notice of the election, setting forth therein the purpose, date, time and place of the election. Distribution of the notice will be made as follows: a. Post a copy on the bulletin board at the front'door of City Hall. b. Distribute a copy to each department for the information of the employees there -in assigned. • 4. Voting Procedure • Voting will be by secret ballot, and must be performed at the designated voting place on the date and during the hours specified for voting, except when an employee has been authorized to vote by absentee ballot under the provisions of paragraph 5 of this Rule. 5. Absentee Voting a. Absentee voting in employee elections will be permitted under either of the following conditions: (1) When elector is physically disabled and is unable without assistance to attend poll on election day. (2) When elector will be absent from the City during the scheduled period for the election because of compelling business reasons and cannot, without manifest incon- venience, vote in person. (3) When elector will be on vacation and is therefore absent from the City of Sanford and cannot, without manifest inconvenience, vote in person. b. Procedure for Absentee Voting (1) When an elector determines he will be unable to vote in person in an election, for, either cause listed in paragraph 5.a. of this Rule, he may submit a request for an absentee ballot, using an application form which will be provided by the Civil Service Board. The application form, which is self- explanatory, will be filled out by the elector, signed, notarized, and returned to the Civil Service Board. The elector will then be furnished an absentee ballot, with instructions for submitting the ballot. (2) Absentee ballots will be mailed or delivered in person to the Secretary to the Civil Service Board, in an envelope having the following "Elector's Certificate" on the reverse side thereof: "I, (name of elector), do solemnly swear or affirm that I am a classified employee of the City of Sanford, Florida, and am entitled to vote in the employee elections in Sanford; that I will not be in the city during the time the election is held (or that too ill to come to the poll) (Elector's Signature). I am Sworn to and subscribed before me this day of 19 and I hereby certify thatt ti�ffiant exhibited the enclosed ballot to me unmarked; that he then in my presence and in the presence of no other person and in such a manner that I could not see his vote, marked such ballot and enclosed and sealed the same in the ballot envelope; that the affiant was not solicited or advised by me for or against any candidate. (Attesting Witness) (Official Title (Address)" 24 25 40 (3) The Elector's Certificate on the back of the envelope must be signed by the elector, and the envelope, with the ballot there -in witnessed, and returned as provided in paragraph 2 above, not later than 5 PM of the day immediately preceding the day of the election. (4) Any notary public, United States postmaster, assistant United States postmaster, postal supervisor, clerk in charge of a contract postal station or any officer having authority to administer an oath or take an acknowledgment may be an attesting witness. If a postmaster, assistant postmaster, postal supervisor, or clerk in charge of a contract postal station acts as an attesting witness, his signature on the elector's certificate must be authenticated by the cancellation stamp of their respective post office. If one or the other officers names acts as attesting witness his signature on the elector's certificate, together with his title and address, but no seal, shall be required. (5) All absentee ballots received by the Secretary to the Civil Service Board will be delivered, unopened, to the clerk of the employee election committee prior to the expiration of the period specified for voting. 6. Election Superivsion • All elections held under the provisions of this Rule shall be conducted under the supervision of the Civil Service Board Employee Election Committee appointed under the provisions of Section 3 of the Civil Service Act. 7. Duties of the Civil Service Board Employee Election Committee a. The Election Committee consisting of one representative from each City department and appointed under the provisions of Section 3 of the Civil Service Act, shall, prior to any election over which it is to exercise supervision, nominate one or more candidates for the Board position to be filled by the election. This nominating action will not be construed as being absolute since the members of the classified employees are at liberty to add the name of the person of their choice to the ballot, providing the person whose name is added is eligible to serve as a Board member. b. The Election Committee will supervise the election; issue ballots to voters; maintain a list of persons voting, and ascertain that only qualified classified personnel participate in the vote. Upon completion of the election, the committee will count the votes and certify the results thereof to the City Clerk. r_ c. The person receiving the highest number of votes in the election ' shall, if otherwise eligible, become the member of the Civil Service Board. RULE 32: CLASSIFICATION OF EMPLOYEES 1. The employees of the City are hereby divided into two (2) groups; classified and unclassified. a. Classified Employees. All employees of the City not specifically included in the unclassified category no exempt under any provisions of the Civil Service Act. b. Unclassified Employees. The unclassified group consists of all provisional, temporary, part -time, emergency, and war substitute employees; and other employees exempt from classi- fied service under the provisions of Section 2 of the Civil Service Act. RULE 33: EMPLOYEE GRADES IN DEPARTMENTS 1. All Departments a. Grade 1 is hereby defined as being the highest grade in a department. The head of each department shall be construed as being in Grade 1 in his department, provided he has been appointed and certified to the position in accordance with the applicable provisions of these rule and regulations. b. All employees, other than the department heads, having duties 10 of substantially similar importance, responsibilities and rates of pay shall be graded together. The various grades in each department will be designated from time as deemed necessary by the Board. 2. Police Department The grades and classification of members of the Police Department shall be as follows: 1. Chief of Police 2. Captain 3. Lieutenant 4. Sergeant 5. Police Officer 6. Police Communication Operator 7. Secretary I 8. Clerk Typist 9. Clerical Assistant Ci 01 27 • 3. Fire Department The grades and classification of members of the Fire Department shall be as follows: 1. Fire Chief 2. - Assistant Fire Chief 3. Lieutenant 4. Senior Firefighter 5. Firefighter 6. Automotive Mechanic 7. Secretary I 4. Under the authority invested by the City Commission, and in accordance with the rules of the Civil Service Board, the Police Chief and Fire Chief shall be both the head and the Executive Officer of their respective departments. RULE 34: REPORTS TO THE CIVIL SERVICE BOARD 1. The heads of the various departments having classified employees under their supervision shall make reports to the Civil Service Board of the following matters; a. Annual Performance Evaluations on all employees in • their respective departments. b! All appointments; (1) Permanent (2) Provisional (3) Temporary (4) Emergency (5) Part Time and (6) Other. c,.' Refusal or failure of a certified eligible to accept a tendered appointment. do Promotions er Reinstatements fl Transfer of any employee from one department to another g./ Leaves of absence for military service. h,t Separations from City employment due to: (1) Resignations (2) Dismissal (3) Lay -Off (4) Retirement (5) Death and (6) Other. i. Changes in salary grades j. Creation or abolishment of any position k. Probationary Evaluation Reports 1. Any other report affecting an employee in relation to his or her classified status. RULE 35: `• 1. • CIVIL SERVICE BOARD RECORDS With the exception of the "Minutes of Civil Service Board Meetings ", the Civil Service Board records are Contidential and no information contained in these records will be made available except under the following conditions: a. By approval of the Civil Service Board b. To comply with a Court Order C. The City Commission, City Manager, department heads, and employees may have access to records only in the Civil Service Board Office and in the presence of the Civil Service Board or any member thereof, or in the presence of the Secretary to the Civil Service Board, in accordance with the following policy: (1) The City Commission may see all records of the Board (2) The City Manager may see all records of the Board (3) The head of a department may see the files of all employees under his supervision (4) Employees may see their individual records, except Confidential Inquiries and other background investigation documents, letters and allied data. 2. Custodian of Records The Secretary to the Civil Service Board is the custodian of the records. In this capacity he or she will prevent the unauthorized copying or removal of records. Further, except as provided for under para- graph 1.a. (1) and (2) of this Rule, the custodian may deny any person access to Civil Service Board records if in their opinion such access is not in the best interest of the City of Sanford, the Civil Service Board or any City employee. Action taken under this authorization will be subject to review by the Civil Service Board. RULE 36: AMMENDMENT, REPEAL OR SUPPLEMENT OF CIVIL SERVICE BOARD RULES AND REGULATIONS These Rules and Regulations may be amended, repealed or supplemented by the Civil Service Board in accordance with the Civil Service Act. RULE 37: INVALIDATION OF ANY RULE OR PART OF RULES If any rule or part of Rules should be declared invalid for any 1` • reason by any court the same shall not effect the remaining Rules which shall then be in force and in effect. rAWULE 38: ADOPTION OF CIVIL SERVICE BOARD RULES AND REGULATIONS The present Rules and Regulations are hereby superseded and these Rules and Regulations are adopted and in effect. 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O I�� nmw ro r• O f th o mmK�r;d0(D(D FO r• N N a o n I'd rt n (D 0 (D (D � � N tic `(D .. o � m(w ,� apart O (D rt w 0 3 O, (D rt cn i (D O H � r• ft (D O, - rt ::j N � O (D U) O �Q r. w OL (� (D � • � (D � ri m �' w b x r rF o r (D � o O rn 0 O N 'i7 n o cD 0 0 cn rwt x (D el O �' o f w � o a p, ° N En �' � m �� n � C cn r- cn (D w O m r- (O-h crn H. O El rt r�r a (A (D (D cn N- • cD 'rs r1 '� �' FJ (D b d � O cD cD w¢ n rr C n o En 0 O r. C (D cn W r• �' (D �' "C n C C rt rt r• w r- (D artam � (D C N•G (D ~o(D crn rt O 7d r• � w r r n (D O m C � � n o n cn (D r- H 0 O n 7d fi m (D r• rn H N �:s (D (D (t w (D r C (D � — con (D w� x x I (D cn r r• rt O 0 Y r• n(D (D H N(D N• Di �l 0 N (~D rwt Or � r w� H l< cn r• cn rh 7 () (n • OS (D H. �� 0`t00 W r•N r•�-'o cD ft o w m (D �C r1 n rt cn r• r• � 0 En En G �i C (D O n c (D n C n• CD (D w a (D w s✓ w rt r• 0 En LAW OFFICES OF ONE HUNDRED SIXTEEN NORTH PARK AVENUE POST OFFICE BOX 1795 SANFORD, FLORIDA 32771 TELEPHONE (305) 322 -3353 January 26, 1983 Ms. Christy Johnson, Secretary Civil Service Board City Hall Sanford, FL 32771 Dear Christy, Per instructions of the Board I have reviewed the Act establishing the Civil Service Board and specifying the manner in which it shall adopt rules. Section 15 of the Act "Code of Rules, publication and effective date." prescribes the manner of adopting such rules. A copy of this section is attached. It appears that the Civil Service Board may adopt rules not in conflict with the terms of the Act and that these rules become effective after they have been posted at the front door of the City Hall in the City of Sanford, for a period of five (5) days, in a conspicuous place and, further, each member of the civil service affected thereby has been mailed a copy thereof by the secretary or executive secretary of the Civil Service Board. When these conditions, i.e., the posting conspicuously and the mailing to each member have been accomplished the rules are then in full force and effect. As evidence of the compliance with these two (2) provisions the secretary is required to certify these acts which certificate constitutes prima facie evidence of compliance. Accordingly, it would be my opinion that since the rules have in fact been adopted by the Board they will become effective upon compliance with these two provisions, i.e., posting and mailing. No further action would be required of the Board. In view of the motion that was made at the January meeting it would remain appropriate to continue the rules on the March agenda as a special order of business. Yo very trul , O - -- cordon V. Fr rick GVF:et Encl. All d Members �.Or� �rinlex `ATE TREASURER TE FIRE MARSHAL RANGE COMMISSIONER REPLY TO BUREAU OF FIRE STANDARDS AND TRAINING 1501 S. W. Broadway Ocala, FL 32675 Phone: 9041732 -0526 Doctor John F. Darby Civil Service Board Post Office Box 1778 Sanford, Florida 32771 0 Dear Dr. Darby: l 0 Of THE ST.�Tf O sue! y J • �Y� 5 W-MV Y" t_-X�_'C "� Larson Building STATE OF FLORIDA TALLAHASSEE 32304 January 25, 1983 After reviewing your proposed examination for entry level firefighters we find it covers the State of Florida Minimum Standards Course very well, except perhaps too many First Responder questions, percentage wise to other material covered in the 240 hour outline. We cannot find any questions that might be found discriminatory nor subject matter not found in the State of Florida Certification examination. If we can be of any further service to you in this matter, please call on us. RS /mj o Sincerely, Ray Schaffner Program Coordinator SECTION 15. Code of Rules Dublication and effective date. The Civil Service Board shall make rules to carry out this act .:for examinations, promotions, appointments, probationary employment periods, and removals in accordance with its provisions. The rules '�� the Civil Service Board shall not conflict with the terms of this act, nor become effective until they have been posted at the front door of the City Hall in the City, of Sanford, nor a period of five (5) days, in a conspi° =uous place and until each member of the civil service affected thereby has been mailed a copy thereof by the secretary e Board. Such rules shall or executive secretary o the Civil Servic have attached thereto a certificate by the secretary or executive secretary of the Civil Service Board that he posted a copy of said rules as above required and mailed copies thereof as likewise required. Such certificates are prima ":acie evidence of compliance with the requiremen�s of iposting and mailing. EQUAL PROTECTION is zi EMPLOYER - EMPLOYEE To: DR. JOHN F. DARBY CIVIL SERVICE 130ARD CHAIRMAN DONALD R. JONES OF THE SECRETARY CITY OF SANFORD LUIS M.PEREZ SANFORD. FLORIDA 82771 BILL McOUATTERS GORDON FREDERICK All Department Heads and Supervisory Personnel From: Christy Johnson, Civil Service Board Secretary Date: January 1.3, 1983 Subj: Interview Rating Form It has come to my attention that a few Divisions are not completing the interview rating forms in the following areas. 1. Reason for non - selection. There are sample reasons on the form to use, and a comment section. is 2. Overall evaluation column not being filled out. 3. Score or total rating points being left blank or not added up. 4. Interview rating form being turned in unsigned and not dated. 5. If an applicant is not going to be interviewed for your position vacancy please make sure you specify why on the form. I need your cooperation and assistance in completing this form. Incomplete interview rating forms will be returned. CC: Civil Service Board • EQUAL PROTECTION CIVIL SERVICE 130ARD OF THE CITY OF SANFORD SANFORD, FLORIDA 32771 •EMPLOYER-EMPLOYEE Members Present: Dr. John Darby, Chairman Donald Jones, Secretary Luis Perez Gordon Federick Bill McQuatters DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL WOUATTERS GORDON FREDERICK Also Present: Mr. W. E. Knowles, City Manager Steve Harriett, Asst. City Manager Francie Wynalda, Personnel Officer Christy Johnson, Civil Serv. Sec. Rosa Rotundo, Finance Gretchen Mason, Finance Diane Smith, Finance Jan Stuart, Finance Mildred Carver, Finance Chairman Darby opened the meeting at 8:00 P.M., Thursday, January 6, 1983 with a full quorum in attendance. The meeting was held in the City Man- ager's Conference Room. OLD BUSINESS: The Chairman called for the reading of the minutes of the last regular meeting of the Civil Service Board held Thursday, October 7, 1982. • Dr. Perez moved that the minutes of the Civil Service Board meeting held Thursday October 7, 1.982 be accepted and approved as mailed. Motion seconded by Mr. Jones. Motion carried. Discussion in reference to agenda item number one. RE: Mrs. Jan Stuart's request for discussion on the revised Civil Service Rules and Regulations. Mrs. Stuart advised that the employees did not have a copy of the revised rules and regulations, and would like to have had a chance to review them before being approved by the Board. Mr. Gordon Frederick made the motion that all Department Heads be supplied a copy of the revised Civil Service Rules and Regulations and that they review them and make any affirmative recommendations to the Board, or Board secretary within the next two weeks. Dr. Perez seconded the motion. Motion carried. Mrs. Diane Smith noted that by adopting: the revised Rules and Regulations on October 7, 1.982 without posting them, Lrie Board failed to comply with the Civil Service Act. Section 15. Code of Rules, publication and effectiv date, which states -The Civil Service Board shall make rules to carry out this act for examinations, promotions, appointments, probationary employ- ment periods, and removals in accordance with its provisions. (Cont.) • January 6, 1983 page 2 The rules of the Civil Service Board shall not conflict with the terms of this act, nor become effective until they have been posted at the front door of the City Hall in the City of Sanford, for a period of five days, in a conspicous place and until each member of the Civil Service affected therby has been mailed a copy thereof by the secretary or exec- utive secretary of the Ci-_vil Service Board that she posted a copy of said rules as above required and mailed copies thereof as likewise required. Such certificates are prima facie evidence of compliance with the req- uirements of posting and mailing. Mr. Knowles stated that the Civil Service Rules and Regulations had not been posted on the front door of City Hall, or given to each Civil Ser- vice member. This was probably not done as the Civil Service Board has changed it member's since the rules and regulations were first revised. Mr. Knowles suggested that each Division be charged for the copies of the Revised Rules and Regulations. NEW BUSINESS: Discussion in reference to the interest card system that applicants should be advised that interest cards are not to be considered official applications for employment. Mr. Knowles told the Board that an investigator from the Department of Treasury Office of Federal Revenue Sharing will be visiting the City January 20, 1983 to perform an audit of City recruitment, and hiring procedures. He stated the audit is the result of an inquiry of • possible charges of discrimination against the City from a claim settled over two years ago. There bing no further business to come before the Board, the Chairman adjourned the meeting at 8:50 P.M., January 6, 1983, upon receiving a motion from Mr. Gordon Frederick and seconded by Dr. Perez. 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W Pfd ti b cli (1) Q) ri rE6 N N ri r r -H a n �. r •r .r r i ° �"� pz° ax 3 ¢ N C, O +) Cf x 3 v O r-- p, cn L o .m cd cad 14 rz cd • • is EQUAL PROTECTION CIVIL SERVICE BOAPD OF THE C I T Y Ell OF S A N F O R D SANFORD. FLORIDA 32771 EMPLOYER-EMPLOYEE To: All Civil Service Board Members From: Christy Johnson, Civil Service Board Date: January 3, 1983 Subj: Board Meeting for January 6, 1983. DR. JOHN F. DARBY CHAIRMAN DONALD R. JONES SECRETARY LUIS M. PEREZ BILL McOUATTERS GORDON FREDERICK Please read the attached letters which were sent to the Police and Fire Departments on December 17, 1982. This letters were sent on the physical agility testing schedule. As we have not received any information, or schedules on the Physical Agility testing it is recommended that the Board meeting be cancelled until such time as a schedule for testing is available. I would also like to advise that we have not received a reply or heard anything else on the complaint from Ms. Jan Stuart. She was advised that her complaint must be in writing an received before the next Board meeting. I would also like to add that we are considering using the interest card system for applicants who wish to apply when we do not have a job opening. This matter was brought up at a meeting we had on January 3, 1983, in reference to the attached memorandum. I have attached a copy of the card we would like to use. Please let me know if you have any questions. After an applicant fills out'the card, and a position for which he meets the qualifications opens he /she would then be notified and submit an application for employment. This would help us to maintain current applicantions, and we would only be responsible for those who are contacted to fill out an application. I will be calling all Board Members Wednesday afternoon to see if the Board meeting stands as scheduled or is cancelled until items on the agenda are available. 0 V CITY OF SANFORD PERSONNEL TRANSACTIONS PACKAGE PREPARED: 1/10/83 FOR OFFICE OF FEDERAL REVENUE SHARING Copies To: City Manager Assistant City Manager Civil Service Board/ N + I N v v O� W W i-' 00 b b 4 m m Lrl • n Pd Pd n z z H H z r� o z z H H �C W M II N W a` F, co F ela oN • H O 0 CrJ H 2. C H F-H z t=7 H r r d r CTJ "'7 'jJ H H n y O Fq m n �li z n t O by ra t ry PO H t=i a cn o r En 9 9 oz � " � o mx r�do � M H m M N U] t=] tZI d N + I N v v O� W W i-' 00 b b 4 m m Lrl • n Pd Pd n z z H H z r� o z z H H �C W M II N W a` F, co F ela oN • H O 0 CrJ H 2. C H F-H z t=7 H r r d r CTJ "'7 'jJ H H n y H O 7y r C17 H TJ n 4] Fq m n �li z n :rJ 't m Ln C7 0 H H z n H I ra t H PO H t=i a cn o r En y d ',r1 Cn En tZI 00 N F- 4-- H N 1, -j W N F� H In �.o F� In N h- In F+ N N F- H H N H N W O� 9 H L� 4- W O H C=] NEW HIRES 1/1/82 through 12/31/82 • Pre,ared: 1/10/83 f Position Hiring Division Filled By Race /Sex Recreation Supervisor Recreation White Male Police Officers Police (3) White Males Secretary I Civil Service Board I,Thite Female Clerical Assistant Police To Be Filled After 1/3/83 Customer Service Reps. Utility Admin. (2) White Females Plant Operator Trainees Plants (4) White Males Packer Loader /Driver Refuse Black Male Refuse Collector Refuse White Male Equipment Operator II Sewer Black Male Maintenance Worker II Sewer White Male Maintenance Worker I Shop To Be Filled After 1/3/83 • Maintenance Worker I Plants (8) Black Males Plants (2) White Males Plants To Be Filled After 1/3/83 Parks Black Male Parks White Male Streets (4) Black Males Streets (2) White Males Sewer (2) Black Males Custodian Recreation (2) Black Males Custodian City Hall /Maint. (2) White Males Part -Time TOTAL NEW HIRES = 39 • VACANT 3 Percentage of Minority New Hires (19) = 49% Percentage of Women New Hires ( 3) = 7% f SEPARATIONS 1/1/82 - 12/31/82 POSITION DIVISION is Licensing Official City Mgr. Recreation Supervisor Recreation Police Officer Police • w Police Lieutenant Secretary II Secretary I Secretary I Data Processor Plant Oper.Trainee I d Automotive Mechanic Tradesworker Packer Loader /Driver Refuse Collector Equip. Oper. II M Equip. Oper. I Maintenance Worker I • n if if << U Police Police Engineering Civil Service Street /Refuse Util. Admin. Util. Plants Util. Plants Util. Plants Util. Plants Shop Maintenance Refuse Refuse Refuse Streets Sewer Streets Plants Plants Plants Plants Plants Plants Plants Plants Plants W/M W/F B/M B/M W/M W/F B/F W/F W/F W/M W/M B/M W/M W/M W/M B/M B/M B/M W/M WIM W/M B/M B/M B/M B/M B/M B/M B/M B/M W/M 0/83 Resigned: Another Job Resigned: Medical Disability Terminated: Misconduct Connected With His Work Resigned: Personal Reasons Retired Retired Resigned: Another Job Resigned: Personal Reasons Resigned: Another Job Resigned: Another Job Resigned: Gave No Reason Resigned: Personal Reasons Resigned: Medical Resigned: Personal Reasons Terminated: Absent Without Notification; Excessive Absence Quit Without Notice Resigned: Another Job Quit Without Notice Terminated: Carelessness, Negligence & Stealing City Propert} Quit Without Notice Terminated: Medically Unable To Perform Job Terminated: Tardy /Excess.Absence Terminated: Failed To Report For Work Or Call In For 3 Days Terminated: Inability To Meet Work Standards Terminated: Failed To Report To Work or Call In. Terminated: Excess. Absenteeism Terminated: Falsified Application Quit Without Notice Resigned: Medical Terminated: Excess. Absenteeism • u r SEPARATIONS. . Continued, Page. 2 of 2. 1/1/82 through 12/31/82. POSITION DIVISION Maintenance Worker I Water if Parks it Parks if Parks I Streets Streets RACE /SEX B/M B/M B/M B/M B/M B/M " Sewer W/M " Sewer W/M " Sewer B/M " Recreation B/M " Recreation B/M Custodian Maintenance B/M Custodian Maintenance W/M (Part -Time) REASON Resigned: Go Into Own Business Terminated: Unauthorized Absence Resigned: Medical Terminated: Using City Equipment For Personal Use; Unauthorized Absence From Work Retired Terminated: Falsified Sick Leave Requests and Doctors Statements Resigned: Another Job Terminated: Absent From Work Without Notifying Supervisor Terminated: No Show For Work Resigned: Gave No Reason Resigned: Went Back To Work For Previous Employer Retired Terminated: Unsatisfactory Work Performance & Failure To Call In When Absent BREAKDOWN BY POSITION, DIVISION, RACE, SEX AND REASON 14 White Males 24 Black Males 4 White Females 1 Black Female 43 Total Separations 58% Minority 60% Voluntary 12% Female 40% Involuntary /For Cause • Pr_, u:-cd. 1/10/83 PROMOTIONS 1 -1 -82 through 12 -31 -82 Position Hiring Division Filled By Transferring Div. and Position Licensing Official City Manager's Office White Female Util. Admin. -CSR Secretary I Engineering Black Female Util. Admin. -CSR Secretary I Streets /Refuse White Female Building- C1k.Typ. Clerk Typist Building, Codes & Zon. White Female Util. Admin. -CSR Data Processor Utility Admin. Black Male Util. Admin. -CSR Customer Serv. Rep. Utility Admin. t,Thite Male Police -Cler. Asst. (eff.1/6/83) Fire Lieutenant Fire White Male Fire -Sr. FF. Senior Firefighter Fire 1�Thite Male Fire - Firefighter Tradesworker Maintenance White Male Streets- Eq.Op.I Refuse Collector Refuse Black Male Streets -M.W.I Refuse Collector Refuse Black Male Streets -M.W.I Equipment Operator I Streets Black Male Streets -M.W.I Equipment Operator I Streets Black Male Plants -M.W.I Equipment Operator II Streets Black Male Streets- Eq.Op.I Automotive Mechanic Shop Black Male Shop -Meth. Helper Mechanic Helper Shop White Male Shop -M.W.I Packer Loader /Driver Refuse White Male Refuse- Collector Packer Loader /Driver Refuse Black Male Refuse - Collector TOTAL PROMOTIONS = 18 Percentage of Promotions Made to Minorities (9) = 50% Percentage of Promotions Made to Women (4) = 22% is TRANSFERS /DEMOTIONS 1 -1 -82 through 12 -31 -82 TRANSFERS Position Division From Division To Race /Sex Maintenance Worker I Sewer Water Black Male Maintenance Worker I Plants Sewer White Male (both transfers were requested by the employees) Maintenance Worker II (unsatisfactory work performance at this job level) to Maintenance Worker I Sewer Sewer Black Male • Packer Loader /Driver (employee requested transfer to less strenuous work) to Maintenance Worker I Refuse Parks White Male TRANSFERS - TEMPORARY TO FULL TIME, PERMANENT Customer Service Reps. Utility Admin. Utility Admin. (3) White Females (hired temporarily and became permanent as positions became available) • • • ii LJ 0 CITY OF SANFORD, FLORIDA 1/7/83 POSITIONS REQUIRING A BACHELOR'S DEGREE PERSONNEL OFFICER ASSISTANT CITY MANAGER CITY ENGINEER POLICE CHIEF FIRE CHIEF RECREATION & PARKS DIRECTOR UTILITY DIRECTOR PUBLIC WORKS DIRECTOR FINANCE DIRECTOR 0 0 • ALTAMONTE SPRINGS Mrs. Sam Frazee Personnel Director City of Altamonte Springs 225 Newburyport Avenue Altamonte Springs, FL 32701 Phone: 830 -3803 f ArgP1 RFDDV Mrs. Aida D'Ercole Personnel Officer City of Casselberry 9E Lake Triplet Drive Casselberry, FL 32707 Phone: 831 -3551, Ext. 217 LAKE MARY Ms. Connie Major City Clerk City of Lake Mary P. 0. Box 725 Lake Mary, FL 32746 Phone: 323 -7910 LONGWOOD Mrs. Geri 7ambri Personnel Officer City of Longwood 175 W. Warren Avenue Longwood, FL 32750 Phone: 831 -0555, Ext. 126 OVIEDO Mrs. Nancy K. Cox City Clerk City of Oviedo P. 0. Box 159 Oviedo, FL 32.765 Phone: 365 -3287 SANFORD Ms. Francie Wynalda Personnel Officer City of Sanford 300 Park Avenue, North Sanford, FL 32771 Phone: 322 -3161, Ext. 205 WINTER SPRINGS Ms. Cathy Price Secretary /Public Works Director City of Longood 175 W. Warren Avenue Longwood, FL 32750 Phone: 831 -0555, Ext. 124 Mrs. Christy Johnson Secretary to Civil Service Board City of Sanford 300 Park Avenue, North Sanford, FL 32771 Phone: 322 -3161, Ext. 207 Ms. Tina Gibbons Director of Finance & Accounting City of Winter Springs 400 North Edgemon Avenue Winter Springs, FL 32708 Phone: 327 -1800 (over.... SEMINOLE COMMUNITY COLLEGE Mrs. Frank Gore Personnel Director Seminole Community College • Highway 17 -92 /South Sanford, FL 32771 Phone: 323 -1450, Ext. SEMINOLE COUNTY BOARD OF COUNTY COMMISSIONERS Ms. Lois Martin Personnel Director Seminole County /BCC Courthouse, North Park Avenue Sanford, FL 32771 Phone: 323 -4330, Ext. 187 SEMINOLE COUNTY SCHOOL BOARD Mrs. Ann Neiswender Assistant Director of Personnel School Board of Seminole County 1211 S. Mellonville Avenue Sanford, FL 32771 Phone: 322 -1252, Ext. 227 SEMINOLE COUNTY SHERIFF'S DEPARTMENT Mrs. Aileen Crist Personnel Officer • Seminole County Sheriff's Department 1345 - 28th Street, Sanford Airport Sanford, FL 32771 Phone: 322 -5115, Ext. 155 s JOB POSTING L TST �TL? °;�_ ,«Florida State Employment Office Bureau of Unemployment Comp. %Mr. Steve Brown 322 -7322 200 S. French Ave. 322 -9232 200 S. French Ave. Sanford, Fl. Sanford, Fl. 32771. SCHOOLS . Seminole Community College -Co -Op Office Hwy 17 -92 323 -1450 ext 255 Sanford, F1. 32771 University of Central Florida - Personnel P.O. Box 2100 275 -2000 Orlando, Fl. 32816 Bethune Cook 640 2nd Ave. Daytona Bch, Daytona Bch. Welch Blvd. Daytona Bch, man College - Personnel 252 - 5972,255 -1401 F1. 32015 Community College - Co -op Office 255 -8131 F1. 3201.5 Rollins College - Personnel 428 Park Ave. South 646 -2232 Winter Park, Fl. 32789 • Valencia Community College - Personnel 1800 S. Kirkman Rd. 299 -5000 Orlando, 32801 is 1