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Amendment No. 4 of Ord. No. 73-10, enacted Jan. 3, 1973, repealed former subsection (1), “Definitions.”
(2) System established:
There is hereby established for the City of Pompano Beach a system of personnel administration, based on merit principles and scientific methods governing the appointment, promotion, lay-off, suspension, removal and discipline of certain of its officers and employees and other incidents of city employment. To carry out this system there shall be a Department of Personnel and an Appellate Board to review such personnel actions.
(3) Personnel policy and rules:
(a) It is hereby declared the personnel policy of the city that employment in the city government shall be based on merit and fitness, free of personal and political considerations; that just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of city government; that positions having similar duties and responsibilities shall be classified and compensated on a uniform basis; that appointments, promotions and other actions requiring the application of the merit principle shall be made according to merit and fitness to be ascertained, so far as practicable, by competitive examinations; that high morale shall be maintained by fair administration and by every consideration of the rights and interests of employees consistent with the best interests of the public and the city; and that tenure of employees covered by this Article shall be subject to good behavior, the satisfactory performance of work, necessity for the performance of work, and availability of funds.
(b) The City Commission, by ordinance, shall adopt personnel rules and regulations to effectuate the purposes and intent of this Article; provided, however, that any existing personnel rules or regulations adopted otherwise than by ordinance and existing on April 1, 1963, shall remain in full force and effect, to the extent not inconsistent with this Article, until readopted by ordinance as provided for herein. Any personnel rules and regulations may also include rules of procedure for the conduct of appeal hearings, including rules of evidence.
(4) Classified and exempt service:
The classified service to which this law shall apply shall comprise all positions in the city government now existing or hereafter established, except the following:
(a) The City Commissioners and other elected officials and persons appointed to fill vacancies in elective offices.
(b) The City Manager and/or Acting City Manager.
(c) The Municipal Judge and Assistant Municipal Judge.
(d) The City Attorney and Assistant City Attorneys.
(e) The City Clerk.
(f) Members of boards, commissions or committees and other persons appointed by the City Commission.
(g) Intermittent or temporary and probationary employees.
(h) Consultants, counsel, architects, auditors and the like rendering temporary specialized technical and professional services for pay.
(i) The Internal Auditor as provided in Section 30.
(5) Status of present officers and employees:
When this Article becomes effective, all persons then holding positions hereunder:
(a) Shall have permanent status if they have held their present positions for at least six months immediately preceding the effective date of this Act; or,
(b) Shall have a probationary period of six months before acquiring permanent status if they have held their positions for less than six months immediately preceding the effective date of this Act.
(6) Personnel Director - administration:
The personnel program established by this Article shall be administered by the Personnel Director. The Personnel Director shall be a person who has had experience in the field of personnel administration and is familiar with its principles and methods, and who is in sympathy with the application of merit principles and scientific methods of public employment. The Personnel Director shall perform the duties required by the Personnel Rules and Regulations and such other duties as the City Manager may direct.
(7) Employees' Board of Appeals - Creation:
There shall be an Employee's Board of Appeals consisting of five (5) members with the powers, duties and qualifications hereinafter enumerated.
(8) Employees' Board of Appeals - Qualifications:
The members of the Board shall be qualified electors of the city, and shall be in sympathy with the application of merit principles to public employment. No member of the Board shall be a member of any local, state or national committee of a political party, or an officer or a member of a committee in any partisan political club or organization, or shall hold or be a candidate for any elective public office. No person shall be eligible to be a member of the Board who is a city employee or official, or who is serving the city upon an advisory board or in any capacity except as a member of the Board, nor shall the husband or wife or relative of such person be eligible for membership.
(9) Employees' Board of Appeals - Appointment:
The Board shall consist of five (5) members, two of whom shall be appointed by the City Commission, two of whom shall be appointed by the regular city employees, and the fifth of whom shall be appointed by the City Manager. Each member shall be appointed for a full six (6) years except that of the members first appointed, the two recommended by the regular city employees shall serve for four (4) years and the one recommended by the City Manager shall be appointed to serve for two years, but the provisions of this section shall not effect the terms of any member of the Board at the time of its adoption. All members of the Board shall file with the City Clerk an oath to support and defend the Constitution of the United States and of the State of Florida, and to faithfully perform the duties of the office. Such board shall elect one of its members to serve as chairman for a two (2) year term.
(10) Same - Removal of Members:
A member of the Board shall be removable by the Commission only for cause, after being given a copy of charges against him and an opportunity to be heard publicly on such charges before the Commission. A copy of the charges and a transcript of the record of the hearing shall be filed with the City Clerk.
(11) Same - Compensation; reimbursement for expenses:
Members of the Board shall serve thereon without recompense, unless otherwise provided by the Commission. They shall be entitled to reimbursement for necessary expenses. The necessary secretarial help and financial assistance will be furnished by the city.
(12) Same - “Hearings”; quorum:
The Board shall meet at such times and places as shall be specified by call of the Chairman of the Board or a majority of the Board members. All hearings shall be open to the public. Notice of such hearing shall be given in writing to each member by the Personnel Director. Three members shall constitute a quorum for the transaction of business.
(13) Same - Duties.
It shall be the duty of the Board and it shall have the power to:
(a) Hear appeals of any permanent employee hereunder in the method provided in the personnel rules and regulations and as provided in subsection 14.
(b) Represent the public interests in the improvement of personnel administration in the city service.
(c) Advise the Commission, the City Manager, and the Personnel Director on problems concerning personnel administration.
(d) Advise and assist the Personnel Director in fostering the improvement of personnel standards in the city service.
(e) Make any investigation which it may consider desirable, concerning the administration of personnel in said departments and to review any personnel action therein which may appear to be arbitrary, capricious or illegal, and make recommendations to the Personnel Director with respect thereto.
(f) Make such special reports, as it considers desirable to the Commission and to the City Manager concerning personnel administration and recommendations for improvement therein.
(14) Appeals to Board:
(a) Any employee holding a classified position to which this Article applies who for disciplinary reasons is dismissed, demoted, reclassified in job position, or suspended for a period in excess of three (3) regularly scheduled working days may appeal such disciplinary action to the City Manager and then to the Board in accordance with the procedure outlined herein and in the personnel rules and regulations; provided, however, than any employee who has received two such suspensions of three regularly scheduled working days within sixty (60) days, or three such suspensions within one hundred twenty (120) days, or four such suspensions within one hundred eighty (180) days, may appeal to the City Manager and the Board in the same manner as other appeals are allowed, the effective date of the last such suspension being the date from which the time within which all actions required to be taken under this Article shall be determined.
(b) Disciplinary action resulting in dismissal, demotion, reclassification in job position, or suspension for a period in excess of three regularly scheduled working days shall not become effective unless and until the Personnel Director, or other person legally authorized to take such disciplinary action, shall have, (a) served upon the employee a written “Order of Disciplinary Action” setting forth the action taken and specifying the grounds or reasons for the action and a statement of facts sufficient to enable such employee to understand the charge and make an explanation or prepare his defense; and (b) filed a copy of such order with the Board. Within five (5) calendar days of the effective date of any such “Order of Disciplinary Action” the aggrieved employee if he desires to appeal the action shall first file an administrative appeal to the City Manager setting forth his explanations and defenses to the charges so made, and the City Manager shall forthwith have an informal hearing in which both sides shall be given an opportunity to be heard. The City Manager shall make a written decision and shall file a copy of such decision with the Board. A notice of appeal from the decision of the City Manager must be filed in writing with the Board within ten (10) calendar days from the date such decision is filed with the Board, and a copy of such notice of appeal shall be served on the City Manager. A copy of the explanations and defenses filed with the City Manager pursuant to the administrative appeal of the employee shall not be filed with the Board, nor shall the employee be entitled to file an answer or response of any nature to the “Order of Disciplinary Action” except that of “Not Guilty.”
(c) The appeal shall be heard within thirty (30) days from the date of filing the notice thereof with the Board and the hearing shall be restricted to a consideration of the truth or falsity of the reasons or grounds contained in the written “Order of Disciplinary Action” and the sufficiency of said grounds and reasons to support the disciplinary action taken. At least five (5) calendar days written notice of the time and place of the hearing of the appeal shall be given to the parties in interest. At the hearing, the Board shall consider only the grounds and reasons contained in the “Order of Disciplinary Action” and shall only admit evidence which tends to prove the factual truth or falsity of the charges against the appellant and the hearing shall be as informal as is compatible with justice. The Board Chairman shall have the power to issue subpoenas to compel the attendance of witnesses and the production of books and documents in the same manner and under the same conditions as clerks of the circuit courts of this state. Any such subpoena shall be served by the sheriff or constable of any county in the same manner as other similar subpoenas are so served, or, if directed to persons within the municipal limits of Pompano Beach, Florida, they may be served by any policeman of the City of Pompano Beach, as the Chairman of the Board shall direct. Subpoenas shall be obeyed by the person or persons to whom directed in the same manner as subpoenas issued by a clerk of a circuit court within the State of Florida and the Board Chairman shall have the same powers to enforce compliance with such subpoenas by contempt proceedings or otherwise as judges of the circuit courts of this state. The Board Chairman shall also be empowered to administer oaths. The parties in interest may be represented by counsel.
(d) Immediately upon the completion of the hearing of the evidence on the charges, if the appellant desires to assert that the disciplinary action taken against him was taken discriminatorily, arbitrarily, capriciously, or falsely or for any political, religious or racial reason, he may do so by filing with the Board written affidavits supporting such assertions, which affidavits shall not be considered in determining the truth or falsity of the grounds and reasons contained in the “Order of Disciplinary Action” but may be considered only in mitigation of the disciplinary action taken. Counter-affidavits shall be allowed to be filed by the city to any such affidavits filed by the appellant; copies of all affidavits shall be served upon the City Manager and the appellant.
(e) The Board shall, after due consideration, prepare and file a detailed finding of fact regarding the truth or falsity of the grounds or reasons contained in the “Order of Disciplinary Action,” concluding with a judgment affirming, reversing or modifying the disciplinary action against the appellant, said finding of fact and judgment to be filed within ten (10) calendar days after the completion of the hearing, and copies thereof served on all parties in interest. If the Board finds that the grounds and reasons contained in the “Order of Disciplinary Action” are not true, or finds that said grounds and reasons are only partially true, or finds that there are mitigating circumstances warranting reduction of the severity of the disciplinary action, or finds for any good, sufficient, and reasonable cause that the disciplinary action should be modified, it shall also determine, in its discretion, the question of the back pay which the employee shall receive, if any pay has been lost or forfeited.
(f) Unless otherwise provided, the original and six (6) copies of any matter or thing required to be filed with the Board shall be filed with the Chairman of the Board, at his home or business address, or with such other person as is designated by the personnel rules and regulations to represent the Board. A matter or thing is considered filed or served when actually mailed or when delivered by hand and shall bear a certificate as to the date and manner of filing or serving.
(14.1) Administrative appeals:
There shall be provided in the personnel rules and regulations an administrative procedure for the consideration and disposition of grievances and disciplinary actions which are not appealable to the Board under the terms of this Article, with final action thereon to be vested solely in the City Manager.
(15) Appeal to courts:
Either the appellant or the city may seek judicial review of a decision of the Employees Board of Appeals by filing a petition for writ of certiorari in a court of competent jurisdiction within the time limit and according to the procedures established by the applicable Florida Rules of Civil or Appellate Procedure.
(16) Refusal of employee to testify:
If any employee hereunder shall wilfully refuse or fail to appear before this Board, or having appeared shall refuse to testify or answer any questions relating to the charges or specifications then before the Board regarding the conduct of any city employee, he shall forfeit his position and shall not be eligible for appointment to any position in the city service as provided in subsection 17.
(17) Disqualification for reappointment:
Any permanent employee hereunder who is dismissed for cause or who resigns while charges are pending shall be disqualified and ineligible for appointment to or employment in a position in the city service for a period of five years from such action.
Any person who wilfully violates any provisions of this Article shall be guilty of a misdemeanor, and shall upon conviction be punished by a fine of not more than five hundred dollars or by imprisonment for a term not exceeding thirty days, or by both such fine and imprisonment.
The Civil Service system, having been established by a referendum vote, cannot be abolished or substantially changed or modified except upon approval by a referendum vote, except that notwithstanding the provisions of Section 261 of this Charter, all or part of the provisions of Section 53 of this Charter relating to the Employees' Board of Appeals may be amended, supplemented, replaced or superseded by ordinance established by the City Commission, provided that any procedure providing for a post-disciplinary evidentiary hearing for Civil Service employees shall meet the requirements of due process, including an impartial finder of fact, pursuant to applicable law.
(Special Acts, Ch. 59-1763, § 4; Ch. 61-2712, § 14; Ch. 63-1826, §§ 7, 8; Ch. 67-1949, § 10; Ref. of 3-9-76; Ord. No. 86-32, § 2, Am'd. No. 2, 1-14-86, Ratified 3-11-86; Am. Ord. 88-28, passed 1-19-88, Ref. of 3-8-88; Am. Ord. 90-64, passed 9-4-90, Ref. of 11-6-90; Am. Ord. 90-65, passed 9-4-90, Ref. of 11-6-90)
Section 14 of Ch. 61-2712, ratified by the electors Aug. 15, 1961, amended subsection (9) of § 53, Ch. 57-1754, previously established by § 4 of Ch. 59-1763, to read as set out. Section 7 of Ch. 63-1826, filed with the Secretary of State on June 18, 1963, amended subsections (3), (7), (12) and (14) of the same section, to read as set out, and § 8 of said Act added subsection (14.1). The editors renumbered the subsections of (14) to conform to the format of the Code. Ch. 67-1949, § 10, amended subparagraph (1), subsections (b) and (c) of § 53 of Ch. 57-1754, by adding the exception as to patrolmen.