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874ORDINANCE NO. 97 AN ORDINANCE SETTING UP A MERIT SYSTEM FOR THE CITY OF EDGEWATER, FLORIDA, AND PROVIDING FOR AN EFFECTIVE DATE, AND PROVIDING FOR ITS PUBLICATION, AND PROVIDING FOR JOB CLASSIFICATION, AND PROVIDING CERTAIN EXCLUSIONS. BE IT ENACTED BY THE PEOPLE OF THE CITY OF EDGEWATER, FLORIDA: SECTION 1. GENERAL PROVISIONS. This Ordinance sets forth the principles and procedures which will be followed by the 'City of Edgewater, Florida in order that personnel administration may be conducted in accordance with sound and effective principles and practices of public personnel administration. 1. POSITIONS COVERED BY THE ORDINANCE. This Ordinance applies to all classified positions in the city service. 2. ADOPTION OF THE ORDINANCE. Upon adoption by the City Council, these rules shall serve as the personnel policy guide of the city administration as they apply to the positions in the classified service. 3. ADMINISTRATION OF THE ORDINANCE. The City Council will administer this ordinance except for those sections specifically reserved to the Merit Board. 4. AMENDMENT OF THE ORDINANCE. Amendments to the rules may be proposed by the Merit Board to the City Council. Amendments become effective upon majority vote of the City Council. SECTION 2.. ORGANIZATION FOR PERSONNEL ADMINISTRATION. The following officers and bodies will participate in the administration of the personnel program as follows: 1. THE CITY COUNCIL. The City Council will be responsible for approving the personnel ordinance and amendments thereto, approving the classification and pay plan, and for making and confirming appointments to positions specified by law. ,rq 2. THE MERIT BOARD: The Merit Board is hereinafter created as authorized by Charter Amendment approved by majority vote of the registered voters of the City of Edgewater, Florida on November 6, 1973. 3. MERIT BOARD: (a) The administration of the personnel program according to these rules. (b) Preparation and presentation to the City Council for their approval, rules and regulations governing the general administration of the personnel program. (c) Classification and qualifications of employees. (d) Employee grievance procedures. (e) Handling of appeals by employees for disciplinary action. (f) To advise the Mayor and City Council on matters of personnel policy. (g) To represent the public interest in the improvement of personnel administration. (h) To hold and conduct hearingsinvolving appeals of any employee from any decision affecting his employment or terns and conditions thereof made by the City Council. 4. PERSONNEL OFFICER: The City Clerk shall be the responsible personnel official, but may delegate operating detail to a Personnel Officer who will be responsible to him for the administration and technical direction of the personnel program. Duties will be assigned by the City Council and may include: (a) Preparing and recommending such forms and procedures as are necessary for carrying out the personnel program. (b) The maintenance of the classification plan in current condition. (c) The maintenance of a roster of city employees and other necessary personnel records and files. (d) The establishment of a system of payroll checking so as to determine that all persons in the classified service have been appointed in conformance with these rules. -2- (e) The collection and development of material relating to employee training and other personnel matters, and for assisting department heads in conducting training programs for employees under their jurisdiction. (f) Acting as executive secretary to the Merit Board and as such will perfrom such duties as the Board may delegate to him. (g) The performance of such other activities with reference to personnel administration which are not inconsistent with State Law or with these rules, as may appear necessary or desirable, as the Mayor may direct, or the City Council require by ordinance or resolution. SECTION 3. MERIT BOARD. A Merit Board for the City of Edgewater, Florida consisting of five members is hereby created with the duties and responsibilities as set forth in Section 2, Paragraph 3 above. 1. COMPOSITION OF THE MERIT BOARD: The Merit Board of the City of Edgewater, Florida shall consist of five members, four of whom shall be appointed by the City Council and the fifth member who shall be nominated and appointed by the employees of the City of Edgewater, Florida. The terms of the appointments of the four members of the Merit Boatel appointed by the City Council shall be for three years and shall be staggered. The term of appointment for the member of the Merit Board appointed by the employees of the City of Edgewater shall be for one year. 2. QUALIFICATIONS: Any qualified voter residing in the City of Edgewater is eligible for membership on the Merit Board provided: however, that no person who has been convicted of a crime involving moral turpitude shall be eligible to hold such office. No elected official of the City of Edgewater, while in office, shall be eligible for membership on the Merit Board. 3. REMOVAL: Members of the Merit Board may be removed by the City Council by unanimous vote for incompetency, neglect of duty, or malfeasance in office. In the event of resignation or death of a Board member or his removal from office, the City Council shall within twenty days, appoint a member to fill the unexpired term of office. =0 4. MEETINGS: The Merit Board shall hold not less than one regular meeting quarterly and may hold other meetings at the call of the Chairman as may be required for the transaction of the business of the Board or when deemed necessary and ordered by a majority vote of the City Council. 5. FIRST MERIT BOARD. The first Merit Board shall consist of the following members who have been appointed for the respective terms set forth: Philip Bebbington - 3 years fP ` ('a••S �I Barbara Cory - 2 years ( FO' 4w R; Tp Harley McCane - 2 years - D- Th° "S7B� Willard Kirby - 1 year K<n,,.{ L.JM;eIJ City appointee - 1 year S. KeNe� SECTION 4. THE CLASSIFIED SERVICE. The classified service shall consist of all offices and positions of the City now or hereafter existing, excepting volunteer personnel, personnel serving without pay, consultants and counsel rendering temporary professional services, and positions involving seasonal or part time employment. Said program shall not be made applicable to office of City Manager, City Attorney, or Municipal Judge. SECTION 5. THE CLASSIFICATION PLAN. The classification plan provides a complete inventory of all positions in the city service and accurate descriptions and specifications for each class of employment. The plan standardizes titles, each of which is Indicative of a definite range of duties and responsibilities, and has the same meaning throughout the classified service. 1. Composition of the Classification Plan: The classification plan consists of: (a) A grouping into classes of positions which are of approximately equal difficulty and responsibility and which call for the same general qualifications, and which can be equitably compensated with the same range of pay under similar working conditions. (b) Class titles, descriptive of the work of the class, which identify the class. -4- (c) Written specifications for each class of position. (d) An allocation list showing the class title of each position in the classified service, as identified the name of the incumbent. 2. USE OF CLASS TITLES: Class titles are to be used in all personnel, accounting, budget, appropriation and financial records. No person will be appointed to or employed in a position in the classified service under a title not included in the classification plan. Specific titles used in the course of departmental routine to indicate authority, organizational status, or administrative rank, may be used for such purposes. 3. USE OF CLASS SPECIFICATIONS: Specifications are to be interpreted in their entirety and in relation to others in the classification plan. Particular phrases or examples are not to be isolated and treated as a full definition of the class. Specifications are deemed to be descriptive and explanatory of the kind of work performed and not necessarily inclusive of all duties performed. 4. USES OF THE CLASSIFICATION PLAN: The classification plan is to be used: (a) As a guide in recruiting and examining candidates for employment. (b) In determining lines of promotion and in developing employee training programs. (c) In determining salaries to be paid for various types or work. (d) In determining personnel service items in the departmental budgets. (e) In providing uniform job terminology understandable by all city officers and employees, and by the general public. 5. MAINTENANCE AND AMENDMENT TO THE CLASSIFICATION PLAN: The City Clerk is charged with the maintenance of the classification plan so that it will reflect the duties performed by each employee in the classified service and the class to which each position is allocated. It is his duty to examine the nature of positions as they are created and to allocate them to an existing class, or to create a new class if such is necessary; to recommend such changes in the classification plan as are made necessary by changes in the -5- duties and responsibilities of existing positions; and periodically to review the entire classification plan and recommend appropriate changes. It is the duty of department heads to report promptly any changes in the duties and responsibilities of a position in order that necessary revisions may be made in the classification plan. All changes in the classification plan including the reallocation of positions shall be made annually at budget time to the extent possible in relation to the needs of the city service. (a) NEW ALLOCATIONS: Whenever a department head desires to create a new position, a notice of such proposed action together with a description of the duties of the new position, shall be submitted to the Merit Board in such manner and on such forms as he shall provide. The Merit Boatel shall promptly investigate the case and recommend action to the City Council. Ther Personnel Officer (City Clerk) shall notify the department head of the official allocation. (b) REALLOCATION: Whenever a department head desires to make any permanent and substantial change in the duties or responsibilities of a position, including such as would constitute a promotion or demotion, written notification of the proposed change shall be submitted to the Merit Board for recommendation as to the proper allocation of the position. The Merit Board may also, upon its own initiative or at the request of a department head or employee, study the duties of any position to determine if its allocation is proper. The Merit Board shall make recommendations for action in all such cases to the City Council,and the Personnel Officer (City Clark)shall inform the petitioner of official action taken. (c) EFFECT ON REALLOCATION: An employee occupying a position which has been reallocated, shall continue in the position only if he possesses the qualifications of training and experience requisite for such position. Where any reallocation or reclassification upward is in the opinion of the City Council, actually a promotion, the rules governing promotion shall apply. Whenever any proposed allocation or reclassification actually represents an assignemtn to a new or different position, rules governing appointment, promotion, transfer, or demotion shall apply. -6- SECTION 6. THE COMPENSATION PLAN. 1. COMPOSITION: The compensation plan includes: (a) The basic salary schedule as adopted by the City Council and subsequent amendments thereto. (b) The schedule of salary ranges consisting of minimum and maximum rates of pay and intermediate steps for all classes of positions included in the classification plan, as adopted by the City Council and subsequent amendments thereto. 2. MAINTENANCE OF THE COMPENSATION PLAN: The compensation plan is intended to provide fair compensation. for all classes in the classification plan with regard to the pay ranges for other classes, prevailing rates of pay for similar employment in private establishments and other public jurisdictions in the Edgewater area, cost of living, the financial condition of the City, and other factors. The Personnel Officer (City Clerk), will, from time to time, make comparative studies of all factors effecting the level of salary ranges and will recommend to the Merit Board and City Council such changes in salary ranges as appear to be pertinent. Such adjustments will be made by increasing, or decreasing the salary ranges the appropriate number of steps as provided in the basic salary schedule and that rate of pay for each employee will be adjusted the appropriate number of steps, in conformance with the adjustment of the salary range for the class. The Personnel Officer (City Clerk) shall make annually, at budget time, comprehensive recommendations regarding the pay plan as a whole. 3. USE OF SALARY RANGES: The salary ranges are intended to furnish administrative flexibility in recognizing individual differences among positions allocated to the same class, in providing employee incentives and in rewarding employees for meritorious service. The following general provisions shall govern the granting of within -range increases: (a) The minimum rate established for the class is the normal hiring rate except in those cases where verifiably unusual circumstances appear to warrant appointing an employee at a higher rate. For each appointment above the -7- minimum rate, the Personnel Officer (City Clerk) shall make a justifying report with recommendations concerning the effect of such appointment upon other employees of the same classification. (b) Upon successful completion of the probationary period, employees will be advanced to their next step but not beyond the maximum of the pay range. Such satisfactory completion shall be attested to by the department head in such form and manner as the Personnel Officer (City Clerk) may prescribe. (c) Employees shall be eligible for advancement to their third step of the range upon the first anniversary of their advance to the second step. This advance requires only an affirmation of satisfactory service by the department head concerned and at the approval of the City Manager. (d) Advancement to steps four, five and six shall be reserved solely for those employees who evidence demonstrable merit by increased competence in their work and value to the City as an employee. Such advance shall be no more frequent than annually and be scheduled on salary anniversary dates and established by previous raises. The department head will in each case thoroughly document the propriety of such special merit raises in such form and manner as the Personnel Officer (City Clerk) may prescribe. Each case shall be given careful consideration by the Personnel Officer (City Clerk) and Merit Board and it is their responsibility to insure that employee advancement to the final two merit steps of pay ranges does not become, in effect, automatic. 4. PROMOTION AND TRANSFER: An employee promoted to a class having a higher range of pay will receive an increment of at least one step, even though the minimum for the higher class may be lower than the salary he was receiving in the lower class. Employees who are transferred to a position having a salary range differing from that of their previous class should be placed on the same numbered step in the new range that they occupied in the old range, except where such transfer is incidental to a promotion. An employee re-employed or renistated to his former position or to another position in the same class within forty-five days of separation will be paid at the rate he was receiving at the time of separation, unless such separation was for disciplinary masons. 5. TRAVEL AND OTHER OFFICIAL EXPENDITURES: The prescribed rates of pay do not include allowances for official travel or other expenditures incurred in city business, or allowances made to employees for the official use of personally owned automotive equipment. Employees will be reimbursed for such expenses in amounts as determined by the City Council. 6. EMPLOYMENT RY DIFFERENT DEPARTMENTS: The prescribed rates of pay include payment for all work performed in those classes, even though work may be performed in more than one department. Each department will pay its proportional share of such services and the total compensation received by such employees shall not exceed the prescribed minimum rates for the class. 7. ADOPTION OF THE PAY PLAN: On the effective date of adoption of the pay plan, all employees except those whose pay falls on a step of the pay range or is above the maximum of the pay range established for the class may be advanced to the next higher step. Employees whose pay is in excess of the maximum will not be reduced in pay, but will not receive any increase as long as they occupy positions for which the pay range maximum is the same as, or less than the pay currently received. This provision will not, however, prevent demotion or reduction for disciplinary reasons or the application of service -wide pay decreases when such action is required by the City's financial condition or by changing economic conditions. Exceptions to this rule may be made by the City Council in order to recognize prior service of employees, or to preserve established and logical pay relationships among employees in the same class. SECTION 7. RECRUITMENT AND EMPLOYMENT. It is the policy of the City to make appointments according to merit and fitness. To that end it will be the policy of the City to use all available means to attract qualified candidates for employment and to make such -9- investifations and examinations as are deemed appropriate to fairly assess the education, experience, aptitude, knowledge, character, physical fitness and other qualities required for positions in the city service. 1. TYPES OF EMPLOYMENT: (a) PERMANENT: These employees comprise the majority of city workers. They work a normal work day and week throughout the year and are expected to continue their employment indefinitely. All personnel rules and procedures apply to this group. (b) TEMPORARY: These employees constitute the remainder of the city work force. Their employment is casual in that it may be seasonal, part time, or emergency. All such employments are made for a period not to exceed one hundred twenty calendar days. Temporary employees do not accrue seniority nor fringe benefits such as paid vacation and sick leave or overtime. 2. EXAMINATION FOR ORIGINAL APPOINTMENTS: The Personnel Officer (City Clerk) is charged with the conduct of examinations to determine the qualifications of applicants for positions in the classified service. (a) CERTIFICATION OF ELIGIBLES: The City Council will receive from the Personnel Officer (City Clerk) and make available to department heads, the records of candidates certified as eligible by the Personnel Officer (City Clerk). He shall consider the preferences of departmental heads in making appointments to positions. (b) TEMPORARY APPOINTMENT: The City Council, in the absence of certified eligibles, may make temporary appointments to vacant positions or persons not examined by the Personnel Officer (City Clerk). Such appointments are limited to one hundred twenty calendar days duration. 3. PROMOTIONAL EXAMINATION: The Personnel Officer (City Clerk) is charged with the conduct of competitive promotional examinations for the purpose of determining the qualifications of applicants to a higher grade in the classified service. (a) DEPARTMENTAL PROMOTION LISTS: Each municipal department is a promotional unit. It is the duty of the Personnel Officer (City Clerk) to notify -10- the City Council of the need for promotional examinations, and as a result of these examinations, to maintain lists by departments of employees certified as eligible for promotion. (b) TEMPORARY PROMOTIONS: The City Council, in the absence of certified eligibles, may make temporary promotions, Such promotions are limited to one hundred twenty calendar days duration. Employees receiving a temporary promotion will receive the pay rate appropriate to their new position after a minimum of twenty days service in the new position. 4. RE-EMPLOYMENT: Employees who have been separated from the classified service by reason of shortage of work or funds, changes in organization or other reasons not involving fault, delinquency, or violation on their part, are considered to have priority in filling vacancies in classes identical or similar to the position from which they were separated. The Personnel Officer (City Clerk) shall maintain a roster of employees so separated and such employees shall be considered eligible for re-employment in the order of their length of service. Such eligibility will remain in effect for one year following the date of lay off. 5. LOSS OF ELIGIBILITY: The City Council may revoke the eligibility of a candidate for employment or re-employment if it is determined that he intentionally made any false statement regarding his qualifications, work history, or any other pertinent factors. Each person will be notified of the removal of his name and of the reasons therefor. Reports of such action will be made to the Merit Board. 6. PRIORITY FOR FILLING VACANCIES: All vacancies in the classified service will be filled by one of the following methods, and the methods used have general priority in the order listed: (a) Re-employment (b) Promotion (c) Original Appointment (d) Transfer (e) Demotion 7. APPOINTING AUTHORITY: The City Council is the appointing authority for all positions in the classified service. The City Council shall give thorough consideration in all cases to the preferences of department heads. -11- 8. TRANSFERS: Employees may be transferred from one position to another without examination. Such a move to constitute a transfer, may be effected only between positions in the same class or in similar classes with essentially the same basic qualifications and approximately the same maximum salary rate. Transfers between departments will be made at the discretion and by the direction of the City Council. 9. PROBATIONARY PERIOD: The probationary period is considered an integral part of the examination process, and will be utilized for closely observing the employee's work, for securing the most effective adjustment of the new employee to his position, and for rejecting any employee whose performance does not meet required work standards. All original and promotional appointments are subject to a probationary period of not less than three nor more than nine months. The Personnel Officer (City Clerk) in cooperation with department heads, shall establish, within this limitation, such specific periods of probation for each class of work as are appropriate to its nature and the needs of the city service. A department head may, with the approval of the City Council, remove or demote an employee whose performance does not meet the required work standards at any time during the probationary period. A department head shall, at any time after three months, and not later than nine months, certify to the City Council that the employee has been found suitable for permanent employment. 10. PERFORMANCE STANDARDS AND EMPLOYEE REVIEW: The Merit Board shall assist department heads in developing standards of performance and systems for evaluating and recording work performance in relation to such standards. The standards of performance shall give consideration to the quality and quantity of work done, the manner in which the service is rendered, the conduct of employees, their faithfulness to their duties, and such other work characteristics as will measure fairly the work performance of employees. Such standards of performance and performance evaluations may be used in determining the eligibility for salary adjustments, particularly merit increases; in -12- discovering employees who should be transferred or promoted, in rating suitability for promotion, and in developing necessary training activities. The following general procedures will govern, subject to modification or expansion by the City Council: (a) Each employee must have his service reviewed annually as well as at such other times as the best interests of the City require. (b) The Personnel Officer (City Clerk) will be responsible for a reminder to department heads, listing the employees whose reviews are due during the ensuing months. (c) The department head must report the result of his reviews with recommendations to the Personnel Officer (City Clerk) by the 25th of each month. (d) Reviews will be studied by the Personnel Officer (City Clerk) and City Council, particularly with reference to advance into the higher steps of the pay plan. (a) Each employee shall be granted an interview at which he will be informed of his strong and weak points, as revealed by the review. He will be given specific advice as to any remedial or corrective actions necessary. (f) Any employee, denied a raise, promotion or similar advancement as a result of an unfavorable review, may receive a re -review by his department head and the City Council. Typical evaluations normally resulting in refusal to grant a merit increase as approved by the City Council are, but not limited to: (1) General ability inadequate to warrant an additional increase without further improvement:. or where the physical condition of the employee entails restriction of duties because of such physical condition. (2) Knowledge and improvement of knowledge concerning job inadequate, or not improving in proportion with seniority or longevity. (3) Performance of employee generally requires a greater proportion of supervision than is the case with the average employee. -13- (4) General attitude and loyalty do not reflect full cooperation with the city's policies, objectives, and service standards. (g) Employees wishing a representative second to sit with them during work review interviews will be granted this request providing it does not result in loss of paid work time to the City. (h) Whenever an employee receives either reprimand or commendation as part of such review, or at other times during his tenure of employment, it shall be done in writing and made part of his permanent personnel record with the City. 11. PHYSICAL EXAMINATION AND RECLASSIFICATION: All new City employees are required to pass successfully a comprehensive physical examination prior to permanent appointment, and in accordance with any qualifications of the class specifications for their class of work. Any city employee who sustains an injury on the job or a sickness which might interfere with his ability to perform his primary duties will upon request of the City Council be required to take physical examination. If such an employee, so examined fails to pass, he may then be reclassified by the City Council to a position wherein his physical condition would not constitute a bar to effective job performance not impair the employee's health and safety. Any city employee,who, because of injury or disease, cannot pass a physical examination for the primary duties of available positions within the city service, shall be separated from the city's service. The City Council shall have power to waive shortcomings shown by physical examinations of employees. SECTION S. GENERAL PERSONNEL POLICIES. 1. HOURS OF WORK: The hours of work constituting fulltime regular employment for employees of the City of Edgewater, Florida shall be determined for each class of work and each department, by the head of the department, subject to the approval of the City Council. All department heads shall file work schedules for the department with the City Clerk upon his request. -14- 2. LEAVE WITH PAY: The City Council may authorize leave with pay, not to exceed $5.00 per day, which will not be charged to vacation or sick leave, for the following reasons: (a) For appearance in court, either as a member of the Jury, or when required to appear as a witness. (b) For attendance at official meeting where the good of the service is involved. (c) For active duty in any branch of the armed forces of the United States or of the State of Florida, for the period of such active state or federal service during the first thirty days of such leave of absence. (d) All leaves with pay except those related to sickness or similar injury must be applied for in advance, favorably recommended by the department head concerned, and approved by the City Council. 3. LEAVE WITHOUT PAY: A regular employee may be granted leave without pay for a period not to exceed one year by reason of sickness, disability or other good and sufficient reasons which are considered to be in the best interests of the service. The City Council may extend such leaves for sufficient reason. Persons called to serve full time in the armed forces of the United States will be considered to be on leave without pay for the duration of such service after the first thirty days of such service, and upon discharge be reinstated to their former position or one similar to it with seniority unimpaired. Application for such reinstatement must be filed within thirty days after discharge from the armed services. Except under unusual circumstances, voluntary separation from the classified service in order to accept other employment, shall be considered by the City Council as insufficient reason for approval of a leave without pay. 4. CONFLICTING EMPLOYMENT: No regular employee of the city shall engage in any occupation or outside activity which is incompatible with his employment by the city. Any regular employee engaged in an occupation of outside activity for compensation shall inform his department head and the City Council in writing as to the time required and the nature of such activity. -15- The City Council shall be the final arbiter as to the compatibility of such activity with city employment. SECTION 9. SEPARATION AND DISCIPLINARY ACTIONS. 1. RESIGNATION: Any employee wishing to leave the classified service in good standing shall file with his department head, at least two weeks before leaving, a written resignation stating the date the resignation is to become effective, and the reason for leaving. Failure to comply with these procedures may be cause for denying the person future employment by the city. Unauthorized absence from work for a periof of three consecutive working days may be considered by the department head as a resignation. Department heads will forward all resignation to the City Clerk's office within twenty-four hours after receipt. 2. LAY-OFF: A department head, with approval of the City Council may lay off any employee in the service when it is necessary be reason of shortage of funds, or changes in organization. Such lay-offs shall be made in reverse order of seniority. The names of employees laidoff for any of the above reasons shall be placed on a re-employment list. These names shall remain on the re- employment list for a period of one year. 3. DISCIPLINARY ACTIONS: A department head may recommend, and the City Council may approve, the following disciplinary actions for inadequate performance of duties or for other good cause which may be detrimental to the municipal government: (a) Demotion to a classification having a lower range of pay. (b) Suspension without pay for a period not to exceed thirty days in any one calendar year. (c) Dismissal In all cases, the department head shall furnish the employee and the City Council with a written statement of the reasons for recommending such action. Any employee may be disciplined by the appointing authority for cause. An employee so affected will have the right to appeal such an action to the Merit Board within twenty days following its effective date. -16- The Merit Board will act upon the case within twenty days. The Merit Board shall recommend appropriate action to the City Council. All decisions other than those resulting in separation shall be final. Decisions resulting in separation shall be final unless appealed to the City Council which ma reverse such decision only by unanimous vote. SECTION 10. GRIEVANCES AND REPRESENTATION. l' 1. GRIEVANCES: It is the policy of the City to adjust employee grievances promptly and fairly. Any employee who believes that he has received inequitable treatment because of some condition of his employment, may personally, or through his representatives, appeal for relief from that condition. Other rules specify procedures for change in position, classification, and rate of pay. Grievances should first be taken up with the immediate supervisor, and if the matter is not resolved, the employee may present his case to the department head. If settlement cannot be achieved, or the matter is beyond the control of the supervisor or department head, such grievance shall be carried, in writing, to the Merit Board. In this latter instance, the employee and department head shall appear jointly before the Merit Board in order that both sides of each case may be heard with minimum delay. At any time after ten days following written notification of the Merit Board's decision an employee may submit a request, for further review, to the Merit Board, which will investifate the request, hear the employee, and concerned parties and submit to the City Council a report in which it shall summarize its findings and state its disposition of the case. The decision of the Merit Board shall be final. 2. EMPLOYEE REPRESENTATION: The City Manager, subject to the limitations of the constitution and laws of the State of Florida, may recognize any individual, group of individuals or organizations, acting on behalf of any group of employees that he or it is authorized to represent for the purpose of orderly presentation of their grievances and proposals in general, concerning the terms and conditions of their employment. The following general procedures shall govern such actions: OVA (a) Conference participation shall be limited to not more than two employees from any one department, and such private citizens as employees may designate for the purpose of representing an individual or departmental group. This Is intended to facilitate orderly discussion of the issues. (b) Interpretations and decisions reached by such conference shall take the form of personnel memoranda approved by the City Council and issued by the Merit Board, which shall supplement the Personnel Rules and Procedures. (c) The City Council and the Merit Board shall not issue a personnel memoranda without duly and fairly weighing its effect upon groups or individuals not represented, nor the general interests of the total personnel program of the city. SECTION 11. PROHIBITIONS. No person in the city service nor person seeking admission to the city service shall be appointed, promoted, reduced, removed or in any way favored, or discriminated against for reasons of politics, religion, race or sex. No person shall willfully or corruptly make any false statement or report in regard to any interview, certificate, or appointment, or in any manner commit or attempt to commit any fraud preventing the impartial execution of the personnel rules. No officer or employee in the city service shall continue in such position after being qualified as a candidate for nomination or election to any public office. No person seeking appointment to, or promotion in, the city service shall either directly or indirectly give, render, or pay any money, service, or other valuable thing to any person for or on account of or in connection with his appointment, proposed appointment, promotion, or proposed promotion. No city employee shall knowingly and willfully use public facilities, supplies, or equipment for his own personal use. No city employee shall solicit money, services or other valuable things for any cause while in the employ of the City. -18- ' r SECTION 12. The pay scale for all employees covered by this ordinance will be adjusted to the present budget. SECTION 13. That all Ordinances or parts of Ordinances and all Resolutions or parts of Resolutions in conflict herewith be and the same are hereby repealed. SECTION 14. This Ordinance shall take effect immediately upon its adoption by the City Council and approval by the Mayor at second reading. SECTION 15. This Ordinance shall be published one time within a newspaper of general circulation in the City of Edgewater within 10 days' after its passage. The first reading of the above Ordinance was read in full and passed by vote of the City Council of the City of Edgewater, Florida at a ROguI ar meeting of said Council held on the 18th day of February 1974 and approved as provided by law. The second reading of said Ordinance to be at a Regular meeting of the City Council to be held on the 18th day of March , A.D., 1974, roll call vote as follows: ATTEST: ncilman FIRST READING _ eA Q" Councilman T— J I Vncilm- 'A /d 2�� SECOND READING Councilman -19- March , A.D., 1974. - p'- Ll Mayor This Ordinance was prepared by: Joseph E. Weaver, City Attorney. -20- C J Co c ma Co ilman q-�\