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HomeMy WebLinkAboutOrdinance 821 CITY OF OCOEE ORDINANCE # g21 FIRST READING 2-5-85 SECOND READING 3 - 5 - 8 5 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO ADMINISTRATION; AMENDING APPENDIX "C" OF THE CODE OF ORDINANCES BY ADOPTING A CITY MERIT SYSTEM CONTAINING PERSONNEL RULES AND REGULATIONS FOR CITY EMPLOYEES; PROVIDING A GRIEVANCE PROCEDURE; AND PROVIDING FOR AN EFFECTIVE DATE. e WHEREAS, the City Commission of the City of Ocoee, Florida deems it necessary and advisable to establish a merit system of rules and regulations for the purpose of personnel administration of the City's employees; NOW TH EREFORE , BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: Section 1. That Appendix C of the Code of Ordinance of the City of Ocoee is hereby amended by the provision of Section 10 thereof to read as follows: Section 10. IN GENERAL Sec. 10.1 DECLARATION OF PERSONNEL POLICY Under the authority granted to the City Commission by Article III, Section 12, of the Charter of the City of Ocoee the following personnel principles and polocies are established: (a) Employment by the City of Ocoee shall be based upon merit and shall be free of personal and political considerations. (b) Just and equ.itable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the City Government. (c) positions having similar job factors and levels of difficulty shall be classified and compensated on an uniform basis. e (d) Appointments and other personnel actions involving a change in employee status requiring the application of the merit principle shall be based upon evaluations, test and/or examinations. (e) Every effort shall be made to stimulate high morale by fair administration of this article and by every consideration of the rights and interests of employees, consistent with the best interest of the public and of the city. PAGE .Z ORDINANCE # 82 1 Continued (f) Continuity of employment covered by this article shall be subject to good behavior, satisfactory attendance and per- formance of work, necissity for the performance of the work, and availability of funds. Sec. 10.2 COVERAGE e All offices and positions in the employ of the City of Ocoee shall be and are hereby allocated to the Merit System excepting only those herein- after specifically exempted. Those offices and positions specifically exempted are: (a) All Elected Officials (b) All persons appointed to fill vacancies in elective office (c) Members of the Board, Commissions and Committees, serving with or without pay. (d) The City Attorney and any Assistant City Attorney (e) The Chief of Police, the Chief of the Fire Department, Finance Director, the Building Official, the Recreational Director and the Public Works Director.* (f) The City Manager any Deputy of the City Manager ( g) Archi tects, audi tors, consultants, counsel, eng.ineers, and others rendering temporary services. Unless specifically designated otherwise, personnel policies and rules and regulations apply to all persons employed under the Merit System. Sec. 10.3 ORGANIZATION FOR PERSONNEL ADMINISTRATION Sec. 10.4 ORGANIZATION BY CITY MANAGER The City Manager shall have the basic responsibility for the Merit e System personnel program as set forth in this article. The City Manager specifically shall: (a) Be responsible for the effective administration and technical direction of the Merit System personnel programs. (b) Appoint, remove, suspend and discipline all officers and employees of the City under his jurisdiction, subject to the polocies set forth in this article, provisions of the City Charter, and those in State Law, or he may, at his descretion authorize the head of a department or office responsible to PAGE 2. ORDINANCE # 82 1 Continued (b) cont. him to exercise any or several such powers, in such depart- ment or office; (c) Fix and establish the number of employees in the various City departments and offices under his jurisdiction and determine e the duties and compensation in accordance with the polocies set forth in this article and subject to the approval of the City Commission and budget limitations; (d) Establish a personnel office for the purpose of maintaining such records as are deemed necessary for the proper function- ing of the Merit System; (e) Cause to be printed such self-explanatory forms as are deemed necessary for the proper and orderly control and recording of all personnel changes and actions, which shall require the signatures of those properly responsible to initiate and approve personnel actions in order to be valid; (f) Recommend rules and regulations and revisions and amendments thereto for the consideration of the City Commission; (g) prepare and recommend a position classification plan for all Merit System employees for the consideration of the City Commission and install and maintain such a plan, as approved; (h) Prepare and recom~ed a position compensation plan for all Merit system employees for the consideration of the City Commission and install and maintain such a plan, as approved; (i) Establish and maintain a roster of all persons in the Merit System, setting forth each employee, the class title of his/ e her position, compensation, changes in class title, changes in status and such other data as may be deemed desirable or useful; PAGE 3. ORDINANCE # Cont. 821 (j) Develop and adminster such recruiting programs and such evaluating, examining and testing programs as may be necessary to obtain an adequate supply of competent app- licants to meet the needs of the City; e (k) Be responsible for the certification of all payrolls; (1) Develop and coordinate training and education programs for Citu Employees; (m) Investigate periodically the operation and effort of the personnel provisions of this article and the Merit System Rules and Regulations and at least annualy report his findings and recommendations to the City Commission. (n) Perform such other duties and exercise such other powers in personnel administration as may be perscribed by law, this article, and the Merit System Rules and Regulations. Sec. 10.4 GRIEVANCES Sec. 10.4.1 DEFINITION A grievance shall be def_ined as a problem arising from the inter- pretaition or application of the Merit System Rules and Regulations, which affect the employee personal.ly including matters which involve a loss of payor seniority. Sec. 10.4.2 POLICY It is the City's policy to consider employee greivances promptly and fairly. Any regular employee who believes that he or she has received inequitable treatment which constitutes a grievance as above defined may use this procedure to apply for relief from that condition. e Sec. 10.4.3 PROCEDURE The following procedure shall be followed on all grievances. Time expressed in terms of days shall mean working days. PAGE 4. ORDINANCE # 82 1 Cont. (a) Within five (5) days of occurrence of the problem, the em- ployee shall discuss the matter with his/her department head. If settlement cannot be achieved within three (3) days there- after, the problem shall be reduced to writing by the employee and delivered to the City Manager within three (3) days there- e after. (b) Within three(3) days of receipt of the written grievance from the employee, the City Manager, or his designee for such pur- posel shall meet and confer jointly with the employee and the department head, and hear both sides of the gr.ievance. The City Manager shall render his decision on the matter within two (2) days thereafter and shall forthwith deliver a written copy thereof to both the employee and the department head. (c) After receiving written notification of the City Manager's decision, an employee may submit a request for further review to the Merit System Board, providing such request is in writing and is submitted not later than three (3) dyas after receipt of final notification. At its next regular meeting, the Merit System Board will investigate the request and hear the employee and witness. No later than ints next regular meeting thereafter, the Merit System Board shall render its decision and submit to the City Commission a written report which shall state the grievance, summarize its findings and give its decision and recommendations on the case. The repor shall be forwarded to the City Manager who shall forthwith deliver same to the City Commission together with his final e recommendation for final action by the Commission. The City Commission shall render final decision on this matter at its next regular meeting. PAGE 5. ORDINANCE # 82 1 Cont. Sec. 10.5 MERIT SYSTEM RULES AND REGULATIONS Sec. 10.5.1 ADOPTION There is hereby adopted as and for the City of Ocoee personnel adminis- tration system the attached rules and regulations entitled "Merit System e Rules and Regulations" which cons.ist of the following designated phases of the City's personnel program. The City of Ocoee adopts this Merit Syste by reference and incorporates the same into the Code of Ordinances as though fully set forth herein. The Merit System Rules and Regulations shall cover procedured and polocies to govern the following phases of the Merit System personnel progra . Announcement of vacancies and examinations. Acceptance of applications for examinations. Character and conduct of examinations. Establish and use of eligibility lists. Certification and appointment from eligibility lists. Hours of work and work weeks, Nepotism and Political Activity. Attendance regualtions, City Merit System Board. Holiday regulations, Safety and Workers Compensation. position classification, Incentive program. position compensation, Employee Service Reports. Transfers, promotions, and reinstatements. Probation. Suspension, demotion and dismissal. Leave regulations. Outside employment of Merit System Employees. e Employee service reports and ratings, including probations. Employee review requests. Such other matters as may be necessary and proper to carry out the purpose and intent of this article. PAGE 6. ORDINANCE # Cont. 821 Sec. 10.5.2 AMENDMENT OF RULES AND REGULATIONS Amendments of the Merit System Rules and Regulations may be proposed by the City Manager and will become effective upon approval by the City Commission by Ordinance. e Sec. 10.5.3 APPOINTMENTS The Merit System Rules and Regulations shall provide for the employ- ment of persons on the basis of merit in conformity with this article. (a) An orderly and systematic method of recruitment to insure that all those employed will be hired on a merit basis, and the establishment of eligbility lists for appointment purposes (b) In the absence of appropriate eligibility lists or acceptable certified eligibles, a vacancy may be filled by temporary appointment, provided that an eligibility list shall be estab- lished for such position within twelve (12) months from the effective date of the first temporary appointment. (c) During the period of suspension of an employee, or pending final action of proceedings to review suspension, demotion or dismissal of an employee, the appointing authority may only temporari.2y fin the vacancy created. Sec. 10.6 CLASSIFICATION PLAN Sec. 10.6.1 PREPARATION In preparing the classification plan as required by this article, it shall be the responsibility of the City Manager to ascertain the job factors and levels of difficulty of all positions subject to this article. After all necessary consultations, the City Manager shall prepare a e position classification plan vlhich shall group sll positions in the Merit System in classes based on their job factors and levels of difficulty. The position classification plan shall set forth for each class of positions, or position, a class title, a statement of duties, authority and responsibilities thereof, and the qualifications necessary or desirable for the satisfactory performance of the duties of the positon. PAGE 7. ORDINANCE # 82 1 Cont. Sec. 10.7 COMPENSATION PLAN Sec. 10.7.1 PREPARATION The City Manager shall develop a uniform and equitable compensation plan, consisting of minimum, intermediate and maximum rates of compensation for each class of positions. e Compensation rates for each class of positions shall be coordinated with the position classification loan and shall be based on requisite job factors and levels of difficulty, general rates of pay for comparable work in public and private employment in the area, or in a significant area, cost of living data, maintenance and other benefits received by employees, and other economic considerations. Sec. 10.7.2 INITIAL EFFECT OF COMPENSATION PLAN On the effective date of new or revised compensation plan, employees receiving less than the minimum rate for their class of position shall be increased to the minimuDl rate of the compensation range therefor. Employees receiving more than the maximum rate for their class of position shall continue to receive the same rate of compensation, unless an exception is requested by the Department Head and approved by the City Manager, in which case such an employee's rate of compensation shall be re- duced to the maximum rate of compensation for that class of position. Sec. 10.7.3 ADOPTION AND AMENDMENT OF THE CLASSIFICATION AND COMPEN- SATION PLANS The City Manager shall review the classification and compensation plans and after any necessary consultants shall make such modifications as the City Manager believes to be proper and submit the classification and compensation plans to the C.ity Commission. The classification and compensation plans are presented, or as amended e by the City Commission shall .become effective upon passage by the City Commission. The classification and compensation plans may be amended from time to time in the same manner as that in which they were adopted. PAGE 8 ORDINANCE # 82 1 Cont. Sec. 10.8 GENERAL PERSONNEL POLICIES Sec. 10.8.1 NEPOTISM No spouse or member of the immediate family of a City employee or of any member of City commission will be hired, promoted, transferred or re- tained on a permanent or temporary basis within the Merit System unless such e employment is determined by unanimous vote of the City Commission to be in the best interest of the City; is approved by the City Manager and does not violate Florida Statute 116.111 (as amended or superceded). "Immediate family" is defined as blood, marital, adopted or step- relative in one of the following categories: father, mother, son, daughter, brother, sister, aunt, uncle, 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, half-sister or any ward of an emloyee living within the same household. Sec. 10.8.2 POLITICAL ACTIVITY Any employee of the Merit System who wishes to accept or seek election or appointment to a political office within the City of Ocoee shall resign from the Merit System. Upon indicating such intention by formal declaration or other evidence of candidacy, his/her employment by the City of Ocoee shall immediately terminate. Nothin in this article, however, shall be construed as to prevent any employee from becoming or continuing to be a member of a political organi- zation, or from enjoying freedom from any interference in casting their vote. Sec. 10.8.3 SOLICITATION OF CONTRIBUTIONS No solicitation of funds of any character for any purpose whatsoever e shall be permitted by or of employees of the Merit System of the City on the job, except with the expressed prior approval of the City Manager. Sec. 10.8.4 STATUS OF PRESENT EMPLOYEES Any person holding a position included in the Merit System who shall have served continuously in such pos.ition for a period of at least (6) months immediately prior to the effective date of this article, or for such longer PAGE 9 ORDINANCE # 82 1 Cont. Sec. 10.8.4 Cont. probationary period as a department head may have extended as to any specific employee, shall, upon certification by the department head that his/ her work performance, attendance and conduct has been satisfactory, assume permanent status in the Merit System in the position held on such effective date without further evaluation, test, and/or examination in e connection with such certification and shall thereafter be subject in all respects to the provisions of the article and the Merit System Rules and Regulations. Any person who has held a position included in the Merit System who shall have served continuously in such position for a period of less than six (6) months immediate.1y prior to the effective date of this article shall regarded as holding probationary appointment only and may be certi- fied by the department head in the same amnner when he/she has satisfac- torily completed a six (6) month probationary period in such position from the date of the original appointment thereto and shall thereafter be subject in all respects to the provisions of this article and the Merit System Rules and Regulations. Sec. 10.8.5 CONSULTATION WITH EMPLOYEES The City Manager is authorized to consult with, or receive suggestions from: individual City employee's; groups of City employee's or represent- ative of organizations of City employee's concerning matters of Merit System personnel policy. The City Manager may, where it is deemed appropriate, refer any re- quests form City employees to the City Commission along with his recommen- dations for its consideration. On matters within the discretion of the City Manager, he shall give It due consideration to the views of employees. Nothing herein, however, shall be interpreted as depriving the City Commission or the City Manager of the right to make final decisions on matters for which only they have the u.ltimate responsibility. PAGE 10 ORDINANCE # 821 Cont . Sec. 10.8.6 APPROPRIATION OF FUNDS The City Commission shall appropriate such funds to carry out the pro- visions of this article as they deem necessary. Section 2: Any portion of Appendix "C", of the City Code of Ordinances, that conflict with this Merit System are hereby rescinded. . Section 3: That there is and have been copies of the said "Merit System Rules and Regulations" which is adopted by this Ordinance by refer- ence, presently on file in the Office of the City Manager of the City of Ocoeer Florida. Section 4: It is hereby declared the intent of this Ordinance is that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional or invalid by the valid Judge or Decree of a Court of competent jurisdiction, such unconstitution- ality or ivalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance. Any section of the Municipal Code of the City of Ocoee, Florida, not specifically amended, modified or repealed herein, shall remain in full force. Section 5: This Ordinance shall take effect immediately upon passage. Section 6: permission to Codify this Ordinance in the Ocoee Code of Ordinances is hereby granted. ENACTED THIS S- ~ DAY OF 7/; ~, 1985 " I- 'Ii MAYOJe-'-. ~Y)/ZCf/l ( ~' f- c \ -000 e ATTE1; ~~ CITY CLEl'<Lt( PAGE 11