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3058 NOW, THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF SANFORD, ~ORIDA: SECTION 1: That the present Civil Service System and Civil Service Board of the City of Sanford, Florida, is hereby abolished. SECTION 2: That Chapter 2, Article XIX of the Cede of City of Sanford, Florida, is hereby amended bY adding Article XIX which 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, all officers elected by the people, members 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 of 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 BOARDMEMBERS: =iAll 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. (C) ELECTION OF THE TWO BOARD MEMBERS BY CIVIL SERVICE EMPLOYEES AND THE BOARD MEMBER BY THE CIVIL SERVICE BOARD MS: (1) Election of the two beard members by civil service employees: The members of the board appointed by the City Commission shall annually appoint, from the classified civil service 2 employee list, an election committee consisting of a clerk and three irlspecto~Fto 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 th~ 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 ~ember. 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 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 ha~e its office in a room in the city hall as designated by the City Commission. 3 (B) MEETINGS: J// (1) Regular: The Civil Service Board shall meet, on an as needed basis, the date and hour to be determined by the board. (2) Special: Special meetings may be held at any time on the call of any member of the board. Reasonable sotice shall be given of any special meeting of the board, and such notice shall state the purpose of the meeting. (C) QUORUM: Three members of the board shall ~onstitute 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 any question arising in the performance of duties in the determination of the dismissal, suspension, or demotion of any en~loyee 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 (~). (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: (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 4 been made and to the party making such charges, the board shall proceed ~ hear the charges. If the charges are sustained, the me~er shall be removed. The judgement of the Civil Service Board may be reviewed by the courts 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 membe~ 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)(1). (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 ~he City of Sanford, of more than that amount budgeted and approved by the City Commission. SECTION 2-324. Employment of assistants: The Civil Service Board is authorized to employ ~uch 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)(1), 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 shal! be appropriated each year by the City Commission to carry out the provisions of this ordinance. It is the 5 ~-~ duty of the Civil Service Board to file its estimates of expenses for the e~suing 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, addressing promotions, appointments, probationary employment periods, suspensions, demotions and dismissals, in accordance with its provisions. The ~ules of the Civil Service Board shall not conflict with the terms of this ordinance nor become ~ffective 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 thereto a certificate by the secretary of the Civil Service Beard 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 approval of the Civil Service Board, shall classify all positions in the city service, except those as stated in section 2-315, according to the duties and responsibilities of each position or employment. Classification shall be so arranged that all posikions 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. 6 SECTION 2-330. Terms of employment of civil service employeee,F 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 c~vil service employees: It is the duty and 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 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 reemployed or otherwise returned to active 7 du~y under the provisions of this section, he/she shall be required to under~ a physical examination of the type for the position or employment to which he/she is being restored. (D) Whenever any series, class or classes of positions are abolished or reduced under the provisions of this section, the names of persons then filling positions in such series, class, or classes in the classified service shall be placed in the order of their seniority, in the series, class, or classes of service 'so abolished or reduced, at the head of an eligible register for reemployment in the same or a similar l~vel in the same class of service. (E) When probationary employees are released under the provisions of this section said probationers shall be replaced on an eligible register for the same class of employment for which they have been certified. (F) A decrease in the number of members of any department as provided in this section shall not be held to be a dismissal, suspension, or demotion for which an appeal may be taken to the Civil Service Board. SECTION 2-335° Vacancies in the classified service: (A) 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 applicants from the general public. (B) Vacancies occurring at other than entry level in any department shall be filled when possible by promotion of qualified employees from the next lower grade or class within the department. If there are no qualified candidates available in the next lower grade or class or no lower grade or class exists, then such vacancy shall be filled 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 promulgate rules and regulations prescribing probationary periods of employment, and no appointment, employment, 8 or promotion shall be deemed complete until the completion of the probatio~a~ry employment period prescribed by the Civil Service Board rules and regulations. 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 promoti6n 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 and being certified by the board. SECTION 2-339. AppointiVe, dismissal, suspension, and demotion power. (A) The city manager shall appoint all heads of departments with the exception of the Police Chief, City Clerk, and Fire Chief. The heads of departments shall appoint all subordinates. All appointments will be made from certified applicants to be furnished by the Civil Service Board. (B) The city manager has the right to dismiss, demote, or suspend any head of a department except the Police Chief, City Clerk, and Fire Chief. The head of a 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. 9 (C) Any and all removals, suspensions, or demotions for any cause are~ubject 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 furnished 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 only for cause. Cause for suspension, demotion, or dismissal ~hall 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 2-350; however, the reasons for such action shall 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 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 findings and.judgment certified to the appointing authority for enforcement. 10 i (C) Any taxpayer or qualified elector who prefers charges against a~y civil service employee shall send a signed copy of such charges filed with the board to the employee by registered mall 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 ~on-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 shall stand approved by the Civil Service Board 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 authoritywhich 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 registered return receipt mail. Any 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. 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 11 produce witnesses to support their respective positions, to be represent~e~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 expens~ of not more than four witnesses appearing at a hearing. (H) In the cour%e 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 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. SECTION 2-344. Judgment of'Civil Service Board: (A) After hearing evidence, the Civil Service Board may affirm or reverse the action of the authority in dismissing, suspending, 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. (B.) 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/she would have otherwise been entitled. (C) If the action of the authority is affirmed, then the employee shall be held to have been dismissed, suspended, or demoted 12 a~ of the date of action of such authority. No appeal to the city commisSi~ from the judgment of the Civil Service Board shall be allowed, but such judgment shall be subject to review by the courts. (D) 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. SECTION 2-345. Dismissal of excessive employee: (A) Whenever it becomes known to any appointing ~uthority or to the city commission that any department of the city has an excessive number of employees, such fact shall be reported to the Civil Service Board and the excessive number of employees shall be dismissed. (B) Persons who stand last in rank or grade, and last in point of seniority in that rank or grade shall be the first dismissed. This procedure for dismissal shall continue until the excessive number of employees has been reduced. (C) Any person dismissed under the provisions of this section shall be placed on a preferred list of the civil service board and shall be given priority for emplo!auent, in event a vacancy occurs, in the department form which dismissed. (D) Those persons who have been placed on the preferred list shall be reemployed in ~heir'respective order as to rank and seniority standing at time of dismissal. (E) The Civil Service Board shall not recormnend for emplo~raent any person on the regular eligibility list until all persons on the preferred list have been employed, or have indicated that employment with the city is not desired. SECTION 2-346. Military service: Any permanent employee of the classified service of the City of Sanford may obtain a leave of absence to enter active service with any branch of the United States military forces during a period of national emergency, or to serve an obligated term of service in accordance with the most recent applicable federal statutes. The Civil Service Board shall be notified, and said leave of absence shall be governed by the existing applicable federal and or state law in force at that time. 13 SECTION 2-347. Furnishing list of employees: (A)/ The city commission and the heads, chiefs, or superintendents of each department or division of the city whose employees are embraced in the Civil Service System, shall, at the request of the Civil Service Board, furnish the board a list of all ~nployees in their respective departments, together with such other information relative to the employment of an employee as the board may desire. The list will include and designate the employees who are provisional, temporary, and part time. (B) The Civil .Service Board will be notified when any provisional, temporary, or part-time employees are engaged to work for the city. SECTION 2-348. Rules and regulations of chiefs or heads of departments: The chief or heads of departments ma~ 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 2-349. Amendment and changes to rules and regulations: The rules and regulations adopted by the Civil Service Board may be amended or changed, but such amendment or change shall not become effective until those 'amendments or changes have been provided to those employees embraced by the Civil Service System in accordance with the provisions of section 2-327. SECTION 2-350. Subscription or contribution to any municipal political purpose 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 2-351. 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 14 member of the civil service shall take part in the conduct of any municipal~lection campaign further than to vote or to perform any official duty in connection therewith. SECTION 2-352. 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 treasurer of the City of ~anford. SECTION 2-353. The title, right and ownership of real and personal property held oF owned by the Civil Service Board abolished by section 1 shall pass to and be vested in the Civil Service Board hereby established to succeed said board. SECTION 2-354. 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 3: 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 Ordinance may be tenumbered or relettered to accomplish said amendment and the word "ordinance" may be changed to "Section", "Article", or other appropriate word. SECTION 4: 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. 15 SECTION 5: CONFLICTS. All ordinances or resolutions or parts of 9~dinances or resolutions in conflict herewith are hereby repealed to the extent of any conflict. SECTION 6: EFFECTIVEDATE. This Ordinance shall become effective immediately upon passage and adoption. A.D. 1991. ATTEST: CI~EY CLERK ~ CITY OF SANFORD, FLORIDA CERTIFICATE. ~, Linda L. Brace, Acting City Clerk of the City of Sanfcrd, Florida, do herebycertify that the foregoing is a true and correct copy of the foregoing OrdinanCe No. 3058, PASSED AND ADOPTED bythe City Commission of the City of Sanford, Florida, on the 25th day of March, 1991, was posted at the front door of the City Hall in the City of Sanford, Florida, on the 26th day of March, 1991. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Sanford, Florida, this 26th day of March, 1991. ~~~ ~s the ACting City Clerk of the City of Sanford, Florida 16