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81-O-16ORDINANCE NO. AN ORDINANCE SETTING UP A MERIT SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING FOR A DECLARATION OF PERSONNEL POLICY: PROVIDING FOR COVERAGE FOR CITY EMPLOYEES; PROVIDING FOR ORGANIZATION FOR PERSONNEL ADMINISTRATION; PROVIDING FOR REMOVAL OF MEMBERS OF THE MERIT BOARD•, PROVIDING FOR A,. PERSONNEL OFFICER; PROVIDING FOR ADOPTION OF RULES AND REGULATIONS; PROVIDING FOR AMENDMENTS OF RULES AND REGULATIONS; PROVIDING FOR APPOINTMENTS; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH CODIFYING SAME AT CHAPTER 13, CODE OF ORDINANCES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Citizens of the City of Edgewater, by referrendum created a Merit Board to free municipal employment practices from political considerations, and WHEREAS, the Merit Board has carefully reviewed the city's present ordinance to make the following revisions. NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: ARTICLE I. Merit System -Personnel Policies and Procedures. SECTION 1. Declaration of Persort"el Policy. There is hereby established within the City of Edgewater, a merit (performance - evaluation) system with the following principles and policies: (a) To recruit and to hire employees without discrimination because of race, creed, color, sex, age or national origin, and to treat them equally with respect to compensation and opportunities for advancement including upgrading, promotion and transfer. (b) Employment by the City of Edgewater shall be based on qual- ifications and shall be free of personal and political con- siderations. (c) Just and equitable incentives and conditions of employment shall be established and maintained to promote efficiency and economy in the operation of the city government. (d) Positions having similar job factors and levels of difficulty \" v shall be classified and compensated on a uniform basis. (e) Appointments and other personnel actions involving a change in employee status requiring the application of the merit principle shall be based on evaluations and qualifications. (f) Every effort shall be made to stimulate high morale by fair administration of this chapter and by every consideration of rights and interests of employees, consistent with the best interests of the public and of the city. (g) Continuity of employment covered by this chapter shall be subject to good behavior, saitisfactory performance of work, necessity for the performance of the work, and availability of funds. SECTION 2. Coverage for City Employees. All offices and positions in the employ of the City of Edgewater small be and hereby are allocated to the merit system excepting only those hereinafter specifically exempted. Those offices and positions specifically exempted are: All elected officials; all persons appointed to fill vacancies in elective offices; members of boards, commissions, and committees, serving with or without pay; the city attorney; the city auditor; the city manager; temporary employees; and architects, auditors, consultants, counsel, engineers, and the like rendering temporary professional services under contract. Unless specifically designated otherwise, personnel policies and rules and regulations apply to all persons employed finder°the�nierit system+ '. - - -• SECTION 3. Organization for Personnel Administration. The fol- lowing officers and bodies will participate in the administration of the personnel program: (1) The City Council: The City Council will be responsible for approving the personnel ordinance and amendments thereto, approving the classifications and pay plan, and for making -.2 - and confirming appointments to positions specified by law. (2) Merit Board: The merit board is hereinafter created as authorized by charter amendment approved by a majority vote of the registered voters of the City of Edgewater on November 4, 1975. The merit board shall consist of five (5) members, four (4) of whom shall be appointed by the City Council and the fifth shall be nominated and appointed by the employees of the City of Edgewater. No elected official of the City of Edgewater, whileUn office, shall be eligible for membership on the merit board. The terms of appointment for the fifth member of the merit board shall be for one (1) year, and the term of appointment for the other four (4) members shall be for three (3) years and shall be staggered. The City Council shall establish by ordinance the duties and functions of the merit board which shall include but not necessarily be limited to classification, qualifications of employees, grievance procedures, and rights of appeal for disciplinary action. The decisions and recommendations of the merit board shall be final, unless appealed to the City Council, which may reverse such decisions or recommendations only by 4/5 the vote of the City Council. (3) Duties and Functions of the Merit Board: The Merit Board of the City shall have the following functions and duties: (1) Be responsible for the effective administration and technical direction of the merit system personnel program. (2) At least annually recommend rules and regulations and revisions and amendments thereto of the personnel program for the consideration of the City Council. (3) Review and recommend a position classification plan for all merit system employees for the consideration _ of the City Council, and install and maintain such a -3- X/-'O -// plan, as approved. (4) Investigate periodically the operation and effect of the personnel provisions of this chapter and the merit system„ rules and regulations. (5) Review and Recommend policies for the safety of municipal employees. (6) Advise the City Council on all matters of personnel policy. (7) Hold and conduct hearings involving appeals of any classified employees from a decision made by a super- visor affecting his employment or terms and conditions thereof. (8) Set up an effective employee grievance procedure for the benefit of those persons covered under the merit system. SECTION 4. Removal of Members of the Merit Board: Members of the Merit Board may be removed from office by the City Council for cause upon written charges and after public hearing. Any members who fails to attend two (2) out of three (3) successive meetings without cause, and without prior approval of the chairman of the merit board, shall automatically for- feit his appointment and the City Council shall promptly fill such vacancy. Appointments to vacancies on the merit board shall be for the unexpired term of the member who was replaced. SECTION 5. Personnel Officer. The City Council shall designate a Personnel Officer who shall have the basic responsibility for the merit system personnel program as set forth in this chapter. The Personnel Officer specifically shall: (a) Be responsible for the day to day administration of the merit system personnel program subject, how- ever, to the provisions of this personnel ordinance. (b) Appoint, remove, suspend and discipline all officers -4- ,4d-/L and employees of the City subject to the policies set forth in this chapter and provisions of federal and state regulations, or he may, at his discretion, authorize the head of a department or office respon- sible to him to exercise any or several such powers, in such department or office. (c) Fix and establish the number of employees in the various City departments and offices and determine the duties and compensation in accordance with the policies set forth in this chapter and subject to budget limitations by and with approval of Council. (d) Establish a personnel systemfor the purpose of main- taining such records as are deemed necessary for the proper functioning 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 merit board. (g) Prepare and recommend for review by the Merit Board a position classification plan for all merit system employees for the consideration of the City Council, and install and maintain such a plan, as approved. (h) Establish -.and maintain a roster of all persons in the merit system, setting forth each employee, the class title of their position, compensation, changes in status, and such other data as may be deemed. desirable or useful. 5- (i) In conjunction with the Merit Board, develop and administer such recruiting programs and such evaluation, examining and testing programs as may be necessary to obtain an adequate supply of competent applicants to meet the needs of the City. (j) Develop and coordinate training and education pro- grams for City employees. (k) Investigate periodically the operation and effect of the personnel provisions of this chapter and the merit system rules and regulations. SECTION 6. Adoption of Rules and Regulations: The Personnel Officer along with the merit board shall present an Employee Manual of rules and regulations to the City Council for their consideration. Adoption of rules and regulations shall be made by resolution and shall - be reviewed annually. The rules and regulations shall cover procedures and policies to govern the following phases of the merit system personnel program: (a) Announcement of vacancies; (b) Acceptance of applications; (c) Character and conduct of personnel; (d) Establishment and,..use of eligibility lists; (e) Certification and appointment from eligibility lists: (f) Hours of work and work sheets; (g) Attendance regulations; (h) Holiday regulations; (i) Position classification; (j.) Position compensation; (k) Transfers, promotions and reinstatements; (1) Grievance procedures; (m) Probation; (n) Suspension, demotion, and dismissal; (o) Leave regulations; Y/-0-14 (q) Employee service reports and performance ratings, including probations; (r) Employee review requests; (s) Such other matters as may be necessary and proper to carry out the purpose and intent of this chapter. SECTION 7. Amendments of Rules and Regulations: Amendments to the merit system rules and regulations may be proposed by the Personnel Officer and Merit Board and will become effective upon approval by the City Council by resolution. SECTION 8. Apppointments: The merit system rules and regulations shall provide for the employment of persons on the basis of merit in conformity with this chapter. Such procedures shall include, but are not limited to, the following: (a) An orderly and systematic method of recruitment to ensure that all those employed will be hired on a merit basis, and the establishment of eligibility lists for appointment pur- poses. (b) Temporary appointments in the absence of appropriate eligi- bility lists or acceptable certified eligibles. (c) During the period of suspension of an employee, or pending final action of proceedings to review suspension, demotion, on dismissal of an employee, the vacancy created may be filed by the appointing authority only by a temporary appointment. SECTION 9. This Ordinance shall be codified at Chapter 13, Article I, at seq of the Code of Ordinances of the City of Edgewater, Florida, and fully amends and supercedes Articles I & II of the Code of Ordinances as presently laid out. Subesequent Articles within Chapter 13 shall be re -numbered. SECTION 10. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resoltions in conflict herewith be and the same are hereby repealed. SECTION 11. This Ordinance shall take effect upon approval as provided by law. SECTION 12. This Ordinance shall be published one time within a newspaper of general circulation as provided by law. The first reading of the above Ordinance was read in full and passed by vote of the City of Edgewater, Florida at a regular meeting �7L PI& ///''' r of said Council held on theoc day of 1981, and approved as provided by law. The second reading of the said Ordinance to be at a regular meeting of the City Council to be held on the yH day of 444-1 A.D., 1981. R nil rall vnYa as fnllnmc• ATTEST: FIRST READING k City Cleft el 42-p5'j//Ql Approved or legal' y and m roved this day of A.D., 1981. p N11EE ' icy At orneON Mayor _y_ THIRD READI G A ounci man 4--A' I N- C un i ma ' ity ClerA>f Approved this day of May, A.D. 1981. Approved for legality and form aey M Y/-O -/,,/