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3428 ~ww~w ~w~w~wwzw~ow o ~- z~ ~ 0~ 0~- J ~o~&z O~5 _~o~o~-o 0~ w ~ az~O0~> ~a o~O~z~E~z~-~wJ~> - o ~ ~<ww~O~w~O~wO~ <m w<8o~ ~ ( wz 0 ~ ~zw~ ~ ~ o wz~ ~ O~zz~w~ ~O~w~o~w w~ <~mO~0 W ~<~<~-~ ~ o ~o _<..,~a ~<~zo o<oo~zzw~<~ ~ < ~ o ~wz~ ~ ~wz~>Ozaz _~©~ ~ 3~ ~-~ ~ ~zw ~ ~<z ~ ~ z ~ ; ~ ~ o o ~wa ~ ; Ozz~O >w>o ~> ~ .~ ~ woww>>~o wm 0 ~ 0 mw~z< -- < ~0 3~w wO~wO 000 ~ ~ z ~z>.~<oz<wO~mz~>z~;_w~ za~a~zF ~;~00 o z ~ ~z~o-<~w° ~woo~ ~oz - - o~z wzw~ -D~ ~ ~o~<z E E z3 O~w ~w>~FO<~O~ a<O oz<~0 w w ~ ~_w<mO~wOz<~OOz~aw ~0 ~w< ~ 3~~><<z~i a; ~ ~ ~ ~< _ w O~w ~ ~ ~ ~ z~o~< <za~ z o ~ ~< ~ o ~ DO~ ~°~O~z~z 0~ ~ z <~ <~0 ~ w F ~0 ~aw o~ ~ ~ ~ o ~w~O~w~< ~ ~ w~c ~ ~<~0~ z~w~E w < O~ ~ -- ~0 wzmw~z~~ ~0 ww-~ ~z ~_w~ ~ o O~Q~O~<wOW2~OO0 O~&&a OF zzwO~ ~wOw~zOOw~3wO~w O~Oww~ wO~O0 = ~ -- W > .-- / Civil Service Board of the City of Sanford, Florida, provides that said act shall stand repealed on July 1, 1991, or upon the adoption of an ordinance by the City of Sanford creating a civil service system or civil service board, whichever occurs first; and WHEREAS, the City of Sanford adopted an ordinance creating the Civil Service System and Civil Service Board of the City of Sanford, Florida and now desires to amend said ordinance, found in Chapter 2, Article XIX of the City Code; and WHEREAS, Section 2-354 of the City Code provides the City Commission may adopt by ordinance amendments to sections of the ordinance by vote of four (4) members, except that the City Commission shall not adopt any amendment which adversely affects existing vested rights of members of the Civil Service System; and WHEREAS, the amendments proposed herein do not adversely affect existing vested rights of members of the Civil Service System. NOW, THEREFORE, BE IT ENACTED BYTHE PEOPLE OF THE CITY SANFORD, FLORIDA: SECTION 1: That Chapter 2, Article XIX of the Code of City of Sanford, Florida, is hereby deleted in its entirety and a new Article XIX is hereby created and shall read as follows: ARTICLE XIX. CIVIL SERVICE BOARD AND CIVIL SERVICE SYSTEM SECTION 2-315. There is hereby established a Civil Service System for the City of Sanford, Florida, which shall embrace all employees of the City, except temporary/contractual employees; provisional employees; part-time employees; employees covered under approved collective bargaining agreements, which specifically remove said covered employees from Civil Service System; all officers elected by the people; members 2 . of any commission or board; the city attorney, practicing attorneys-at-law retained or employed by the city; the city manager; and the city physician. SECTION 2-316. Civil Service Board: (A) ESTABLISHMENT: There is hereby established for the City of Sanford a Civil Service Board composed of five members, who are residents of Seminole County. Two members of the board shall be appointed by the City Commission, two members shall be elected by the members embraced by the Civil Service, and one member shall be elected by the four members provided for above. The present members of the Civil Service Board shall continue to hold office and discharge their duties thereunder for the same terms and upon the same conditions as at the time of their respective election or appointment when this ordinance becomes effective. (B) QUALIFICATION OF BOARD MEMBERS: All of the members of the Civil Service Board shall be residents of Seminole County, shall be persons of different vocations, and shall not be employed by the municipality in any other capacity, official or otherwise. No member of the Civil Service Board shall be related to a City employee. "Related" means the member of the Civil Service Board is related to the City employee as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step father, step mother, step son, step daughter, step brother, step sister, half brother, or half sister. (C)ELECTION OF THE TWO BOARD MEMBERS BY CIVIL SERVICE EMPLOYEES AND THE BOARD MEMBER BY THE CIVIL SERVICE BOARD MEMBERS: (1) Election of the two board members by civil service employees: The 3 · members of the board appointed by the City Commission shall annually appoint, from the classified civil service employee list, an election committee consisting of a clerk and three inspectors to provide for and supervise the election of the board members to be elected by the civil service employees. (2) Election of the fifth board member by the Civil Service Board members appointed by the City Commission and elected by the civil service employees: The member to be elected by the other four members provided for herein, shall be elected by them within 30 days after commencement of the term of the new members annually appointed and elected, respectively, by the city commission and the members of the civil service. In the event of failure, inability, or refusal of the four members of the board to elect a fifth member within such 30-day period the city commission, within 15 days thereafter, shall appoint the fifth member. SECTION 2-317. Terms of office, Civil Service Board Members: (A) The two members of the Civil Service Board appointed by the City Commission shall be appointed in the first instance for terms of 1 year and 2 years respectively, and thereafter in each instance the term shall be for 2 years. (B) The two members elected by the civil service employees shall be elected in the first instance for terms of I year and 2 years respectively, and thereafter in each instance the term shall be for 2 years, (C) The member to be elected by the remaining members of the board shall serve for a term of 1 year, and shall hold office until a successor is elected or appointed. SECTION 2-318. Organization of the Civil Service Board: Within 1 week after the five members of the board have assumed office as herein provided, the board shall 4 · organize by the election of one of its members as chairperson. The chairperson shall serve for a period of 1 year, and may succeed himself/herself with the consent of the other four members. SECTION 2-319. Office, meetings, and quorum of the Civil Service Board: (A) OFFICE: The Civil Service Board shall have its office in a room in the city hall as designated by the City Commission. (B) MEETINGS: The Civil Service Board shall meet, on an as needed basis, the date and hour to be determined by the board. Reasonable notice shall be given of any meeting of the board, and such notice shall state the purpose of the meeting. (C) QUORUM: Three members of the board shall constitute a quorum for the transaction of any business. SECTION 2-320. Disqualification of members of the Civil Service Board: (A) Any cause which would disqualify a judge under the laws of Florida to try a case shall be sufficient cause for disqualification of any member of the Civil Service Board to hear and determine the appeal regarding the dismissal, suspension, or demotion of any employee in the civil service. (B) Any member of the Civil Service Board may be challenged for any cause which may be used under the laws of Florida to challenge judges, and if such challenge is sustained, the member so challenged shall not participate in the determination of any question set forth in subsection (A). (C) The City Commission shall make temporary appointment or appointments to fill any temporary vacancy caused by a disqualification under the provisions of this section. SECTION 2-321. Removal of members of Civil Service Board: 5 (A) The members of the Civil Service Board by a majority vote shall have the right to expel any member thereof for misfeasance, malfeasance, or nonfeasance in office. (B) The City Commission or head of any department or any member of the civil service, or any citizen or taxpayer of the City of Sanford shall have the right to prefer charges against any member of the Civil Service Board. When charges have been filed with the Chairperson of the Civil Service Board, and after reasonable notice has been made to the member of the board against whom charges have been made and to the party making such charges, the board shall proceed to hear the charges. If the charges are sustained, the member shall be removed. The judgment of the Civil Service Board may be reviewed by the City Commission and affirmed or reversed. SECTION 2-322. Vacancies in the Civil Service Board: (A) When a vacancy occurs in the Civil Service Board either by the resignation, death, or removal of a member appointed by the city commission, said commission shall appoint a member to fill the unexpired term of the member resigning, dying, or removed. (B) A vacancy in the office of either board member elected by the civil service employees will be filled for the unexpired term by an election to be held in accordance with section 2-316(c)(I). (C) A vacancy in the office of the fifth member of the board will be filled for the unexpired term by an election held in accordance with the provisions of section 2-316(c)(2). SECTION 2-323. Compensation and expense of the Civil Service Board: Members of the board shall serve without compensation, and in the execution of their duties shall not incur expenses, payable by the City of Sanford of more than that amount budgeted and 6 · approved by the City Commission. SECTION 2-324. Employment of assistants: The Civil Service Board is authorized to employ such clerks, stenographers, and assistants as the City Commission may deem necessary and reasonable. SECTION 2-325. Assignment of secretary: The Civil Service Board shall be assigned a secretary whose duty it shall be, under the direction of the board, to keep the minutes of its proceedings, serve all notices directed by the board, maintain civil service records and files, preserve all reports and correspondence, act as secretary for the civil service election committee appointed under the provisions of section 2-316(c)(I), and perform such other related duties as required by this office and directed by the Civil Service Board. SECTION 2-326. Expenses of the Civil Service Board: A sufficient sum of money shall be appropriated each year by the City Commission to carry out the provisions of this ordinance. It is the duty of the Civil Service Board to file its estimates of expenses for the ensuing fiscal year with the City Commission, through the City Manager, at such time as required by the City Manager. SECTION 2-327. Code of rules, publications, and effective date: The Civil Service Board shall make rules to carry out this ordinance by adoption of rules which address promotions, appointments, probationary employment periods, suspensions, demotions and dismissals, in accordance with its provisions and upon approval of the City Commission. The rules of the Civil Service Board shall not conflict with the terms of this ordinance nor become effective until each member of the civil service affected thereby has been provided a copy thereof by the secretary of the Civil Service Board. Such rules shall have attached 7 · thereto a certificate by the secretary of the Civil Service Board acknowledging that a copy of said rules as required has been provided to all civil service members. Such certificates are prima facie evidence of compliance with the requirement of provision. SECTION 2-328, Classification of positions: The City Commission, subject to the recommendation of the Civil Service Board, shall classify all positions in the city service, according to the duties and responsibilities of each position. Classification shall be so arranged that all positions which are substantially the same with respect to authority, responsibility, and character of work are included in the same class. From time to time the commission may reclassify positions upon proper showing that the positions belong to a different class. The positions so classified constitute the classified service of the City of Sanford, and no appointment to any position shall be made except under and according to the rules and regulations hereinafter set forth. SECTION 2-329. City Commission to fix compensation: The city commission shall fix the pay of all members of the civil service established by this ordinance. However, members of the same grade in the same department shall be placed in the same pay grade, and members of a higher grade shall not be paid less than the members of the next lower grade. SECTION 2-330. Terms of employment of civil service employees. All persons who have been previously confirmed as members of the civil service or who shall hereafter become members of the civil service by reasons of the provisions of this ordinance shall hold their offices or employment during good behavior unless demoted, dismissed, or suspended in accordance with sections 2-340 and 2-341. SECTION 2-331. Duties and obligations of civil service employees: It is the duty and 8 · obligation of all members of the civil service established by this ordinance to be diligent in and about the performance of their duties; to devote such time as necessary to the performance of these duties within the hours prescribed by the city commission, city manager, or department heads; and to be obedient to reasonable requests or commands of his/her superior in rank in connection with the performance of assigned duties. SECTION 2-332. Designations of grades in departments: The city commission shall specify the grades to be used in departments of the city. SECTION 2-333. Number of employees in grades and departments: The city commission shall fix the number of members in each grade of departments, and the number of members to be employed in each department of the city. SECTION 2-334. Increase or reduction of authorized positions: (A) The city commission may increase or decrease the number of members of any grade of any department. (B) In the event of a reduction in civil service employees under the provisions of this section, the members released shall retain their seniority in their respective position classifications and shall be given preference for appointment to their former positions in the event of later increases in the number of members of the position classification from which they were released. However, any member so released shall not receive any pay while on inactive duty. (C) Regardless of the length of inactive duty of an employee released and subsequently raemployed or otherwise returned to active duty under the provisions of this section, he/she shall be required to undergo an appropriate medical certification for the position or employment to which he/she is being restored. 9 SECTION 2-335. Vacancies in the classified service: (A) Position vacancies in the classified service are those position vacancies which are embraced under the City of Sanford Civil Service System. They are normally positions considered to be regular established positions as specified in the "authorized positions'! of the City's "Classification and Pay Plan". They do not include temporary positions, non- regular pad-time positions, positions associated with elected officials, commissioners, or board members, the City Attorney retained or employed by the City, the City Physician, and the City Manager. They do not include positions associated with contractual agreements or vendor agreements. (B) Philosophically, it is the desire of the City of Sanford to fill position vacancies in the classified service whenever possible with qualified City employees. In this regard, and in accordance with Section 2-335 of the Civil Service Ordinance No. 3058 vacancies in the classified service shall be filled as follows: (1) Entry Level - In the event of a vacancy in the classified service in any department of the Civil Service System, such vacancy shall, if at entry level, be filled by voluntary transfer of a qualified civil service employee from within the Civil Service System or qualified applicant from the general public. (2) Vacancies occurring at other than entry level in any department may be filled by promotion of qualified employees from the next lower grade or class within the department, by voluntary transfer of a qualified civil service employee from within the Civil Service System, or by qualified applicants from the general public. SECTION 2-336. Probation period: The Civil Service Board is empowered to recommend rules and regulations prescribing probationary periods of employment, which 10 · recommendations shall be forwarded to the City Commission for action. No appointment, employment, or promotion shall be deemed complete until the completion of the probationary employment period. Any persons holding probational employment may be dismissed, or if on probation as a result of a promotion, may be demoted at any time within the prescribed probation period, without the approval of the Civil Service Board. However, if said employee is not dismissed or demoted within the prescribed probationary period, then the employment or promotion shall be deemed complete and shall entitle the employee to hold such employment or promotion under the terms of this ordinance. SECTION 2-337. Seniority: The members of the civil service shall retain the rank and seniority already acquired by them at the time this ordinance becomes effective, and seniority may be acquired by persons later becoming members of the civil service. Seniority is construed to mean length of service in the department in which such employee is engaged. SECTION 2-338. Promotion of employees: Employees shall be promoted from any grade or position to a higher grade or position only after meeting all minimum requirements associated with the higher grade or position in question. SECTION 2~339. Appointive, dismissal, suspension, and demotion power. (A) The city manager shall appoint all heads of departments in accordance with the existing provisions of the City Charter. The heads of departments shall appoint all subordinates. All appointments will be made from certified applicants to be recommended by the Civil Service Board. (B) The city manager has the right to dismiss, demote, or suspend any head of a department in accordance with the existing provisions of the City Charter. The head of a 11 · department has the right to suspend, dismiss, or demote subordinates, for the causes set forth in this ordinance or in accordance with the provisions of the civil service or personnel rules and regulations. (C) Any and all dismissals, suspensions, or demotions for any cause are subject to appeal to the Civil Service Board as provided in section 2-342. (D) The city commission shall appoint the City Clerk, Police Chief, and Fire Chief from certified applicants to be recommended by the Civil Service Board. SECTION 2-340. Causes for suspension, demotion, or dismissal: Any non-probationary member of the civil service may be suspended, demoted, or dismissed onty for cause. Cause for suspension, demotion, or dismissal shall include, but not be limited to, neglect of duties, inefficiency, insubordination, conduct unbecoming a public employee, misconduct, conviction of any crime involving moral turpitude, or violation of the provisions of this ordinance, or violation of office, personnel or civil service rules. Nothing in this ordinance shall be construed to supersede the provisions of Chapter 447, Florida Statutes. SECTION 2-341. Dismissal, suspension, and demotion of employees: (A) Any appointing authority may dismiss, suspend, or demote a subordinate for cause as stated in sections 2-340 and 2-346; however, the reasons for such action shaft be sent to the subordinate in writing by mail or by hand delivery within 36 hours. No hearing is required of the appointing authority in such instances. If the subordinate that is dismissed, suspended, or demoted desires a hearing before the Civil Service Board, the subordinate shall apply therefore as provided in section 2-342(A). (B) Written charges may be preferred by the authority which appointed such 12 · 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/her own defense. Such charges shall be investigated, heard, and determined by the board, and its factual findings and recommendation certified to the City Manager for action. (C) Any taxpayer or qualified elector who prefers charges against any civil service employee shall send a signed copy of such charges filed with the board to the employee by certified mail at the time said charges are filed with the board. SECTION 2-342, Right of appeal: (A) Any non-probationary employee within the civil service has the right, within 10 calendar days after receipt of a notice of dismissal, suspension, or demotion, to appeal to the Civil Service Board. (B) Should any non-probationary civil service employee, who has been dismissed, suspended, or demoted fail to appeal to the Civil Service Board within 10 calendar days from date of notification of such dismissal, suspension, or demotion, said action by appointing authority shall stand approved without any further or special action on the part of the Board. SECTION 2-343. Hearing by the Civil Service Board: (A) Upon receipt of an appeal submitted in accordance with section 2-342 the Civil Service Board shall schedule a hearing. The authority which made the 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 certified return receipt mail. Any 13 · police officer delivering notices required by this section shall immediately submit a report to the Civil Service Board of the time and date each notice was delivered. (B) After not less than 5 days from the date of delivery of notice required by subsection (A), the board shall hear evidence for and against the action taken by the authority. (C) All hearings by the Civil Service Board shall be held in a designated room of the city hall in Sanford. (D) All hearings shall be open to the public. (E) Hearings may be adjourned from day to day. (F) The authority effecting such 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. (G) Witnesses summoned shall be entitled to a reasonable monetary fee for each day or part of a day's attendance at a hearing. The amount of said fee shall be determined by the Civil Service Board, and be specified in the Civil Service Board rules and regulations. However, the city shall bear the expense of not more than four witnesses appearing at a hearing. (H) In the course of conducting hearings in accordance with the provisions of this section, 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. (I) Any employee of the City of Sanford served with a subpoena issued by the city 14 · 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. (J) After hearing evidence, the Civil Service Board shall make findings of fact and may recommend to the City Manager affirmation or reversal of the action of the authority, as specified in the City Charter, in dismissing, suspending, or demoting an employee. Further, the Civil Service Board may recommend mitigation of the sentence imposed by the appointing authority to the City Manager when the evidence presented indicates that such mitigation is warranted. The judgment of the Board shall be recorded in its minutes and certified to City Manager. SECTION 2-344. Dismissal, Suspension, Demotion Hearing and Appeals by the City Manager and City Commission. (A) CITY MANAGER HEARING: (1) The Civil Service Board shall forward their recommendations to the City Manager. Upon receipt of the findings and advisory opinion of the Civil Service Board, the City Manager shall consider the findings and advisory opinions of the Civil Service Board, and put in writing a decision on the appeal. That decision shall be promptly furnished to the employee. (2) In cases of suspension or demotion, the decision of the City Manager shall be final and the employee shall have no further right of administrative appeal. However, the City Manager may decide, after consideration of the Board's finding and opinion, that the disciplinary action was not well founded or too severe and may direct that it be canceled or modified. 15 (3) If the action of the authority is reversed by the City Manager and without mitigation, the employee affected shall be restored to his rank and seniority and paid the compensation to which he/she would have otherwise been entitled. (4) If the action of the authority is affirmed by the City Manager, then the employee shall be held to have been dismissed, suspended, or demoted as of the date of action of such authority. (B) CITY COMMISSION HEARING: Non-probationary civil service employees who have been dismissed may appeal the decision of the City Manager to the City Commission providing the appeal is received within ten (10) calendar days from the date of the written decision made by the City Manager. Appeal to the City Commission from the action of the City Manager shall be allowed in cases involving dismissal. The City Commission shall review the transcript, findings of fact and written advisory opinion of the Civil Service Board, and the final written decision of the City Manager. In order for a dismissal to be upheld by the City Commission, the Commission must by vote of four (4) of its members, affirm the dismissal. If such affirmation cannot be obtained, the City Commission will then instruct the City Manager to take other action as appropriate, but such judgment shall be subject to review by the courts. SECTION 2-345. Rules and regulations of chiefs or heads of departments: The chief or heads of departments may adopt rules and regulations for the conduct of their respective departments, but such rules and regulations shall not be in conflict with this ordinance, or with the rules and regulations heretofore or hereafter adopted by the Civil Service Board. SECTION 2-346. Subscription or contribution to any municipal political purpose 16 · forbidden: No member of the civil service 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. SECTION 2-357. Use of political influence in municipal elections forbidden: No member of the civil service shall use his/her 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 member of the civil service shall take pad in the conduct of any municipal election campaign further than to vote or to perform any official duty in connection therewith. SECTION 2-348. Authority to employ an attorney: The Civil Service Board has the right to employ, on a need basis, an attorney to represent it in any controversy which may arise in the courts affecting it. Any attorney so employed under the provisions of this section shall be paid by the City of Sanford. SECTION 2-349. Amendments to Civil Service Ordinance. The City of Sanford may, by a favorable vote of four of the total members of the City Commission, adopt by ordinance amendments to section or sections of this Ordinance except the City Commission shall not adopt any amendment which adversely affects existing vested rights of members of the Civil Service System. Upon adoption of an amendment to this ordinance, the City of Sanford shall have said amendment incorporated in the ordinance and shall file the revised ordinance with the City Clerk. SECTION 2: AMENDMENT OF CODE OF ORDINANCES. The Code of Ordinances of the City of Sanford, Florida, be and the same is hereby amended in accordance with the terms, provisions, and conditions of this Ordinance. Further, that the sections of this 17 · Ordinance may be ranumbered or relettered to accomplish said amendment and the word "ordinance" may be changed to "Section", "Article", or other appropriate word. SECTION 3: SEVERABILITY. If any section, sentence, phrase, word, or portion of this Ordinance is determined to be invalid, unlawful, or unconstitutional, said determination shall not be held to invalidate or impair the validity, force or effect of any other section, sentence, phrase, word, or portion of this Ordinance not otherwise determined to be invalid, unlawful, or unconstitutional. SECTION 4: Conflicts. All ordinances or resolutions or parts of ordinances or resolutions in conflict herewith are hereby repealed to the extent of any conflict. SECTION 5: EFFECTIVE DATE. This Ordinance shall become effective immediately upon passage and adoption. ATTEST: AS THE CITY COMMISSION OF THE CITY OF SANFORD, FLORIDA f:\f~les\¢dr\dties~anford~ord\¢iv-$erv.3428:drl CERTIFICATE I, Janet R. Dougherty, City Clerk of the City of Sanford, Florida, do hereby certify that a true and correct copy of the foregoing Ordinance No. 3428, PASSED and ADOPTED by the City Commission of the City of Sanford, Florida, on the 24th day of August, 1998, was POSTED at the front door of the City Hall in the City of Sanford, Florida, on the 25th day of Adgust, 1998. city of Sanford, Florida