§ 2-41. Classified service; exceptions therefrom.

The classified service shall comprise all full-time positions in the County service existing on January 1, 1956, or thereafter established, except positions held by employees of the Public Health Trust of Miami-Dade County, Florida, and except the following:

(1)

The Mayor, County Commissioners and other officers elected by popular vote or appointed by the governor, and persons appointed to fill vacancies in elective offices, and all administrative assistants and secretaries to the foregoing.

(2)

Members of Boards and Commissions, appointed by the County Commissioners or by elected official or by the Manager; and all administrative assistants and all secretaries to the foregoing.

(3)

The County Manager, all Senior Assistants to the County Manager, all administrative assistants, all secretaries and all other employees of the County Manager's Office or its offices.

(4)

The County Attorney, all Assistant County Attorneys, law Clerks, secretarial, clerical and all other employees of the County Attorney's office.

(5)

All members of the staff of the Eleventh Circuit and the employees of the Administrative Office of the Court.

(6)

Department directors, deputy department directors, assistant department directors, division directors, agency heads, board of directors, consumer advocates, program directors and all immediate assistants and all immediate assistants and all secretaries to the foregoing.

(7)

Persons employed in a professional or scientific capacity to make or conduct a temporary and specific inquiry, investigation or examination on behalf of the County Commissioners or a committee thereof, and other elected officials, or by the authority thereof, or persons employed in a highly specialized professional scientific or technical capacity needed to implement a mass transit system.

(8)

Physicians, attorneys and other professional medical employees, and licensed practical nurses.

(9)

All employees of the Office of Management and Budget.

(10)

All employees of the Cooperative Extension Division of the Department of Consumer Services.

(11)

All administrative interns.

(12)

Persons who are jointly employed by the County and any institute of higher learning.

(13)

Director of art museums.

(14)

All independent contractors.

(15)

Medical examiners and their professional personnel.

(16)

The Clerk of Circuit and County courts, Chief Deputy Clerk, Senior Deputy Clerk, division chiefs, assistant division chiefs, court operations officers, Deputy Clerk of the Board of County Commissioners, all administrative assistants and secretaries to the foregoing, and ex-parte clerks.

(17)

Employees who are hired and occupy positions that must be filled under guidelines inconsistent with merit employment principles.

(18)

The following employees of the Miami-Dade Police Department and the Department of Corrections and Rehabilitation: commanders of all bureaus and all police ranks above captain. It is the intention of the Board of County Commissioners that those positions shall be filled from the ranks of lieutenant or higher from within the departments whenever possible, in the judgment of the directors.

(19)

Employees of the Miami-Dade police department with the rank of police commander.

(20)

Employees of the fire department with the classifications of fire department special assistant 1 and 2.

(21)

Non-bargaining unit professional or managerial positions whose duties are determined to be inconsistent with the County's classified service rules, as recommended by the concerned department director and approved by the personnel director and County Manager.

(22)

All employees of the audit and management services department.

(23)

All non-bargaining unit professional and managerial employees of the Department of Business Development.

(24)

All employees of the Communications Department.

(25)

All non-bargaining unit professional and managerial employees of the Office of Building Code Compliance.

(26)

All employees of the Housing Finance Authority.

(27)

All employees of the Labor Management and Employee Appeals Division of the Employee Relations Department.

(28)

All employees of the Community Action Agency.

(Ch. 30255, § 2, Laws 1955; Ord. No. 57-16, § 1, 10-7-57; Ord. No. 58-31, § 1, 8-5-58; Ord. No. 64-35, §§ 2, 3, 7-21-64; Ord. No. 65-8, § 1, 1-25-65; Ord. No. 66-38, § 1, 7-26-66; Ord. No. 67-46, § 1, 7-11-67; Ord. No. 68-82, § 1, 12-17-68; Ord. No. 69-43, § 1, 7-16-69; Ord. No. 70-50, § 1, 6-16-70; Ord. No. 71-77, § 1, 9-22-71; Ord. No. 75-71, §§ 1, 2, 9-17-75; Ord. No. 75-102, § 1, 11-4-75; Ord. No. 76-26, §§ 1, 2, 3-2-76; Ord. No. 77-86, § 2, 12-6-77; Ord. No. 80-16, § 1, 3-4-80; Ord. No. 82-60, § 1, 7-6-82; Ord. No. 86-23, § 1, 3-18-86; Ord. No. 90-18, § 1, 3-6-90; Ord. No. 92-30, § 1, 4-21-92; Ord. No. 99-112, § 2, 9-9-99)

Annotation— All County employees in Miami-Dade County are required to be in the classified service (civil service) except for those specifically excluded therefrom. No exclusion or exemption is made for personnel in positions which would be engaged in work necessarily incident to the operation of the County owned transit system, Miami-Dade County v. Amalgamated Ass'n. of S.E.R.&M.C. Emp., Fla. 157 So. 2d. 176.