§ 2-42. Rules.

The Director of the Personnel Department shall prepare and submit to the Personnel Advisory Board proposed rules for the classified service. The Board shall forthwith schedule and announce a public hearing on the rules, to be held within thirty (30) days following submission by the Director.

Such rules shall have the force and effect of law when adopted by a majority of the County Commissioners and the other elected officials whose employees are affected by this division, acting as a unit, following a review and recommendation by the Personnel Advisory Board, or when approved by a majority of the County Commissioners in an agreement or agreements with a County employee, County employees or a County employee organization and ratified by the County Commission by separate resolution. Amendments thereto may be made in the same manner. If not adopted, amended or rejected by a majority of the County Commissioners and other elected officials whose employees are affected by this division within ninety (90) days after submission to them, they shall automatically become effective. The rules shall provide:

(1)

For the preparation, maintenance, and revision of a position reclassification plan for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for and the same schedule of pay may be equitably applied to all positions in the same class. After such classification has been approved by the Board, the Director shall allocate the position of every employee in the classified service to one (1) of these classes in the plan. Any employee affected by the allocation of a position to a class, after filing with the Director a written request for reconsideration thereof in such manner and form as the Director may prescribe, shall be given a reasonable opportunity to be heard thereon by the Director.

(2)

For a pay plan for all employees in the classified service, after consultation with the Manager, the County Commission and other elected officials. Such a pay plan shall become effective only after it has been approved by the Manager, the County Commission and other elected officials. Amendments to the pay plan may be made in the same manner. Each employee shall be paid at one (1) of the rates set forth in the pay plan for the class or position in which he is employed.

(3)

For veterans' preference in accordance with the intent and requirements of Chapter 295, Florida Statutes.

(4)

For open competitive examinations to test the relative fitness of applicants for the respective competitive positions. Such examinations shall be announced publicly at least fifteen (15) days in advance of the date fixed for closing the filing of applications therefor, and must be advertised in a major newspaper of general circulation published in the County. Such further notice may be given as the Personnel Advisory Board may prescribe; provided, however, that in the event the examination is a promotional examination, notice by publication shall not be required. Notice of promotional examinations shall be posted in conspicuous places where they may be seen by all employees in line for the promotion. The Director, however, with the approval of the Personnel Advisory Board, may continue to receive applications and examine candidates long enough to assure a sufficient number of eligibles to meet the needs of the service; and may add the names of successful candidates to the existing lists in accordance with their respective ratings.

(5)

For promotions which shall give appropriate consideration to the applicant's qualifications, record of performance, seniority, and conduct. Vacancies shall be filled by promotion whenever practicable and in the best interest of the service, and promotion shall be by competitive examination wherever practicable. An advancement in rank or grade or an increase in salary beyond the maximum fixed for the class shall constitute a promotion.

(6)

For the establishment of eligible lists for appointment and promotion, upon which lists shall be placed the names of successful candidates in order of their relative excellence in the respective examinations. The duration of eligible lists for original appointment and promotion shall be for not more than one (1) year unless extended by the Director of Employment Services of the Employee Relations Department, or by the Personnel Advisory Board. An eligible list may be extended for up to two (2) additional years (for a total of three (3) years), beyond the original expiration date, providing qualified applicants remain on the list. This provision shall not be construed to deprive any employee of rights provided by a collective bargaining agreement.

(7)

For the rejection of candidates who fail to comply with reasonable requirements of the Director in regard to such factors as age, physical condition, training and experience, or who have been guilty of infamous or disgraceful conduct; who are addicted to alcohol to excess or to narcotics, or who have attempted any deception or fraud in connection with an examination, or where in the judgment of the Board there is reasonable doubt of the loyalty of the candidate to the nation.

(8)

For the appointment of any person on the appropriate eligible list, except in cases of promotion, in which latter cases the rules shall provide for the appointment of a person standing among the highest four (4) on the appropriate eligible list.

(9)

For periods of probation which may vary, based on the duties of the various positions but in no event to exceed one (1) year before appointment or promotion may be made complete, and during which period a probationer may, without charges, hearing or right of appeal, be discharged or reduced in class or rank, or replaced on the eligible list; provided, however, in case of a promotional probationer, if reduced in class or rank, he shall be returned to the classification from which promoted. The appointing authority or departmental head or his designee as approved in an administrative order may at any time prior to the expiration of an employee's probationary period notify the employee in writing, with a copy thereof to the Personnel Director, that such employee shall not be retained in the appointed position or promoted position, as the case may be; however, if such written notice is not mailed or delivered to the employee on or before the expiration of the employee's probationary period such employee shall become a permanent employee in the appointed or promoted classification. It is intended that the probationary period is to be regarded as an integral part of the selection process and it is to be utilized for closely observing the employee's work, leadership, adjustment, abilities, conduct, performance, morals and character, attributes or deficiencies, in order to determine if the employee shall become a permanent employee in the appointed or promoted classification. The determination of the appointing authority shall be final and conclusive.

(10)

For emergency employment for not more than thirty (30) days with or without examination, and for temporary or seasonal employment with or without examination, for period approved by the Board but not in excess of six (6) months in any one (1) year, unless approved by the Board.

(11)

For provisional employment without competitive examination where there is no appropriate eligible list available. No such provisional employment shall continue longer than six (6) months, nor shall successive provisional appointments be allowed, except during the first year after the effective date of the law in order to avoid stoppage of orderly conduct of the business of the County.

(12)

For transfer from a position in one (1) department to a similar position in another department involving similar qualifications, duties, responsibilities, and salary ranges.

(13)

For reinstatement within two (2) years, only with the approval of the Director, of persons who resign in good standing.

(14)

For keeping of records of performance of all employees in the classified service, which service records may be considered in counseling employees regarding improvement in work performance, in determining salary increases and decreases provided in the pay plan; as a factor in promotion tests; as a factor in determining the order of lay-offs because of lack of funds or work, and in reinstatement; and as a factor in demotions, discharges and transfers.

(15)

For lay-offs by reason of lack of funds or work, or abolition of a position, or material changes in duties or organization, and for reemployment of employees so laid off, giving consideration in both lay-offs and reemployment to performance record and seniority.

(16)

For imposition as disciplinary measures of a suspension from the service without pay.

(17)

For discharge or suspension without pay or reduction in rank or grade of permanent employees only for cause.

(18)

For establishment of a plan for resolving employee grievances and complaints.

(19)

For hours of work, holidays, and attendance regulations in the various classes of positions in the classified service; for vacation, sick and special leaves of absence, with or without pay, or reduced pay.

(20)

For the development and operation of programs to improve the work effectiveness and morale of employees in the County service, including training, safety, health, welfare, counseling, recreation, and employee relations.

(21)

For noncompetitive class within the classified service which shall consist of all employees requiring peculiar and exceptional qualifications of a scientific, managerial, professional or educational character, as may be determined by the rules.

(22)

For the automatic suspension of any person from the County service immediately upon being indicted by any grand jury or upon having an information filed against him by any prosecuting official, such suspension to continue until any such indictment or information shall have been disposed of by a trial and conviction or acquittal of the accused or by any dismissal or quashing or reversal of the same. In case any such person shall have been tried and found guilty and his conviction is not reversed, he shall automatically forfeit his position in the County service and shall not thereafter be eligible to any such service. This rule applies regardless of whether the person is placed on probation or given a suspended sentence. In the event any such person is tried and acquitted or the information or indictment is quashed or dismissed or a court of competent jurisdiction places the person in a pre-trial intervention program or withholds adjudication pending rehabilitation, the particular person shall be reinstated and entitled to back pay for the period of automatic suspension less any sums earned by the person in any other employment during the period of suspension and less any pay withheld by the County as a result of disciplinary action taken against the person. Disciplinary action under Section 2-47 may also be taken by the department head or appropriate designee at any time they feel the relevant facts warrant such action. When disciplinary action is taken, the procedures provided for in Section 2-47 shall prevail.

(23)

For nonlawyer representation of persons appearing at hearings held pursuant to Section 2-47 of the Code. Such rules shall set forth standards for determining whether a prospective nonlawyer representative is qualified to appear at the hearing and capable of representing the rights of the person desirous of nonlawyer representation.

(24)

For such other rules and administrative regulations, not inconsistent with this law, as may be proper and necessary for its enforcement.

(Ch. 30255, § 8, Laws 1955; Ord. No. 57-16, § 1, 10-7-57; Ord. No. 58-11, § 1, 4-16-58; Ord. No. 65-25, § 1, 4-6-65; Ord. No. 69-19, § 1, 4-1-69; Ord. No. 70-49, §§ 1—4, 6-16-70; Ord. No. 71-66, § 1, 8-3-71; Ord. No. 75-102, § 2, 11-4-75; Ord. No. 76-103, § 1, 11-2-76; Ord. No. 81-65, § 1, 6-2-81; Ord. No. 82-35, § 1, 5-4-82; Ord. No. 84-55, § 1, 6-19-84; Ord. No. 86-33, § 1, 5-6-86)

Annotations— AO's 7-13, 7-14; AO of 12-15-87; CAO 82-30.