Senate Bill sb2648
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Florida Senate - 2002 (NP) SB 2648
By Senator Clary
7-1027-02
1 A bill to be entitled
2 An act relating to Santa Rosa County; amending
3 chapter 79-561, Laws of Florida, as amended,
4 relating to the Santa Rosa County Civil Service
5 Board; revising applicability of the act and
6 civil service system; adding, repealing, and
7 revising definitions; revising the method of
8 selecting the board; repealing provisions
9 relating to hiring outside the civil service
10 act, the certification of payrolls, the
11 classified pay plan, efficiency standards,
12 registers, filling vacancies, extraordinary
13 appointments, workers' compensation, reports of
14 actions, reduction in force, service in the
15 armed forces, leave, physical and mental
16 examinations, and enforcement; revising
17 provisions relating to rulemaking and to
18 disciplinary actions; providing that
19 probationary employees are at-will employees;
20 providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Chapter 79-561, Laws of Florida, as amended
25 by chapters 81-487, 84-525, 90-478, 94-490, 95-487, 96-550,
26 97-374, 98-531, and 2001-340, Laws of Florida, is amended to
27 read:
28 Section 1. Definitions.--As used in this act:
29 (1) "Administrative service" includes all positions
30 within the county, elected, appointed, salaried, hourly,
31 honoraria, gratuitous, or any combination thereof, excepting
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1 those positions in which members and staff of the civil
2 service board serve.
3 (2) "Appointing authority" means county commission,
4 clerk of the circuit and county courts, tax collector,
5 property appraiser, judges of the circuit and county courts,
6 sheriff, supervisor of elections, superintendent of schools,
7 school board, and regional library. Within the limitation of
8 the foregoing words, appointing authority also means and
9 includes all officers and agencies now or hereafter having the
10 authority to make contracts of employment with persons in the
11 classified service as defined in this act.
12 (3) "Appointment" means the designation of a person to
13 serve in a position within the administrative service of the
14 county.
15 (3)(4) "Board" means the Civil Service Board of Santa
16 Rosa County, Florida.
17 (4)(5) "County" means the County of Santa Rosa, State
18 of Florida.
19 (6) "Certification" means the act of certifying.
20 (7) "Certify" means to attest authority or to verify.
21 (5)(8) "Class" means a group of positions sufficiently
22 similar in duties and responsibilities to be given the same
23 title, the same minimum qualifications, the same examination
24 for fitness, and the same salary range.
25 (6)(9) "Classification" means the act of classifying.
26 (7)(10) "Classify" means systematically arranging into
27 units or groups.
28 (8)(11) "Classified service" includes all positions
29 within the administrative service of the county not
30 specifically included by this act into the unclassified
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1 service. Deputy sheriffs are included in the classified
2 service.
3 (9) "Constitutional officer" means the sheriff, clerk
4 of court, tax collector, property appraiser, or supervisor of
5 elections.
6 (10) "Demotion" means an involuntary change of job
7 position that results in a reduction in pay.
8 (11)(12) "Department" means a major subdivision of the
9 two taxing authorities provided for in this act or as
10 established by an appointing authority.
11 (13) "Disciplinary action" means demotion, written
12 reprimand, suspension, or dismissal, or any combination
13 thereof.
14 (12)(14) "Division" means a subdivision of any
15 department, as established by that appointing authority.
16 (13)(15) "Employee" means any person who holds an
17 appointment to any position within the classified service.
18 (14)(16) "Cause Employee misconduct" means actions
19 adversely affecting the orderly, efficient operation of the
20 service, including, but not limited to, insubordination,
21 immorality, drunkenness, inefficiency, neglect of duty,
22 violation of any employment civil service rule or regulation
23 or any combination thereof.
24 (15)(17) "Employment" means the initial appointment to
25 a position within the classified service of the county.
26 (16) "Probationary employee" means an employee who has
27 served fewer than 365 continuous calendar days from the date
28 of employment.
29 (18) "Grade" means the final numerical score in points
30 obtained on any examination process. Such term will usually
31 be modified by a descriptive adjective.
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1 (19) "Promotion" means the appointment of an employee
2 from one class to a class of a higher rank.
3 (20) "Position" means a group of current duties and
4 responsibilities assigned by the appointing authority,
5 requiring a full-time or part-time employment of one person.
6 (21) "Rank" means the relative position of an employee
7 within the chain of command, based on the range of pay.
8 (22) "Range" means the minimum and maximum pay and
9 those steps in between, which are given as compensation for
10 service within a class.
11 (23) "Series" means two or more classes that are
12 similar as to the type of work but differ as to the level of
13 responsibility and difficulty.
14 (24) "Step" means an increment.
15 (17)(25) "Taxing authority" means one of the following
16 two major entities of Santa Rosa government:
17 (a) County commission.
18 (b) School board.
19 (26) "Title" means the definite, descriptive
20 designation for a class and all positions of a class.
21 (18)(27) "Unclassified service" includes any person
22 elected or appointed members of a board or commission; county
23 administrator, attorneys and assistant attorneys retained by
24 the county or any person employed by them; Office of
25 Management and Budget Director; Public Works Director; Public
26 Service Director; persons of highly technical or professional
27 training maintaining an independent practice employed on a
28 part-time basis; patients or inmates; persons under
29 nonpermanent federal grants (unless specifically accepted by
30 the board into the service); instructional personnel and
31 administrative personnel as described in section 228.041(9)
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1 and (10), Florida Statutes, respectively; executive director
2 of Navarre Beach; county engineer; county project coordinator;
3 judicial clerk; court reporters; chief deputy for: sheriff,
4 tax collector, property appraiser, supervisor of elections,
5 and clerk of circuit and county courts; one administrative
6 assistant to: sheriff and property appraiser; one secretary to
7 each judge, county commissioner, school board member,
8 superintendent of schools, tax collector, supervisor of
9 elections, clerk of the circuit and county courts, and county
10 administrator; and one supervisory-level-technical supervisory
11 level person employed or appointed by and at the discretion of
12 an appointing authority for every 10 employees, or fraction
13 thereof, employed in or appointed to the classified service by
14 an appointing authority., subject to a maximum of 10 such
15 supervisory-level employees or appointees for each appointing
16 authority. Additionally, the positions of public works
17 director, public services director, and Office of Management
18 and Budget director, under the county commission shall become
19 unclassified effective 5 years after the effective date of
20 this act or when the respective position is vacated by the
21 person holding said position on the effective date of this
22 act, whichever occurs first.
23 Section 2. Civil service system created.--There is
24 hereby created a civil service system for the classified
25 employees of the county. All members of the classified
26 service of the county shall automatically become members of
27 the system of the county upon the effective date of this act.
28 Section 3. Organization of the system.--The various
29 county governmental agencies shall be organized into the
30 following two taxing authorities for administration under the
31 board as provided in this act:
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1 (1) COUNTY COMMISSION TAXING AUTHORITY.--This taxing
2 authority shall include the classified employees of all
3 agencies of government not specifically designated by this
4 section as part of another taxing authority, and shall include
5 but not be limited to all classified employees working for the
6 county commissioners, sheriff, property appraiser, tax
7 collector, clerk of the circuit and county courts, judges of
8 the circuit and county courts, West Florida Regional Library,
9 and supervisor of elections.
10 (2) SCHOOL BOARD TAXING AUTHORITY.--This taxing
11 authority shall include all classified employees of the school
12 board.
13 Section 4. Civil service board created.--
14 (1) A civil service board consisting of five members
15 is hereby created. Members are seated in the following
16 manner: One member elected by vote of the county commission
17 classified employees, one member elected by vote of the school
18 board classified employees, one member appointed by the county
19 commission, one member appointed by the school board, and one
20 member by vote of the constitutional officers. These four
21 members shall select a fifth member. All members of the board
22 shall serve a 4-year term. No member shall serve more than
23 two appointed or elected full terms in succession.
24 (2) The supervisor of elections of the county shall be
25 responsible for conducting the elections for the employee
26 members of the board. Said elections are exempt from the
27 Florida Election Code. The election of members shall be by
28 vote of the classified employees of the respective taxing
29 authorities as outlined in this section, and nominations of
30 candidates for said positions shall be submitted in writing
31 and signed by 15 members of the classified service employed
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1 within the taxing authorities holding the election and filed
2 with the supervisor of elections at least 21 days prior to the
3 date on which elections shall be held. The names of all
4 persons nominated by the classified employees shall be printed
5 upon a ballot. The classified employees shall be permitted to
6 vote in the election by a secret ballot. The use of a mailout
7 ballot is permitted. The election shall be by a majority of
8 the votes cast.
9 (3) Any member of the board may be disqualified to
10 hear and determine any cause if there exists any grounds under
11 the laws of Florida which would disqualify the judge of any
12 court, or which is a ground of challenge for cause to a juror.
13 If any person charged with any offense or violation of any law
14 or rule of the board files an affidavit stating that he does
15 not believe that he will receive a fair hearing and sets forth
16 sufficient reasons for such belief, supported by two
17 affidavits of disinterested persons stating that they do not
18 reasonably believe that such member of the classified service
19 will receive a fair and impartial hearing, the board member so
20 challenged shall disqualify himself. If sufficient challenges
21 are made to reduce the number sitting on the board to less
22 than three, then an alternate member shall be selected by the
23 remaining members of the board for the purpose of hearing that
24 particular cause before the board.
25 (4) Any qualified voter residing in the county is
26 eligible to be a member of the board. County officers,
27 elected officials, employees of the county, and persons having
28 been convicted of a felony or a crime involving moral
29 turpitude are not eligible to hold such position.
30 Section 5. Existing board to assume authority;
31 election or appointment date.--
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1 (1) Any civil service boards existing at the time this
2 act takes effect shall cease, and any other forms of employee
3 control shall cease. However, the members and alternate
4 members of such existing boards or forms of employee control
5 shall exercise the authority, power, and jurisdiction of the
6 board established by this act and shall continue in office
7 until their successors are elected and qualified as provided
8 by this act. All rules, ordinances, policies, and regulations
9 or resolutions in effect on the effective date of this act
10 which are not in conflict with this act shall continue in
11 effect until changed by action of the board.
12 (2) Elections or appointments shall be held or made on
13 the last Tuesday in May, with the exception of the appointment
14 of the fifth member of the board, which will be made at the
15 next meeting. The board members shall take office at the next
16 meeting of the board. The oath of office shall be
17 administered to each of the board members by the clerk of the
18 circuit and county courts.
19 Section 6. Appropriations to be made for the
20 board.--The county commission and the school board are hereby
21 required to appropriate and fund between them a sufficient sum
22 of money for the operations of the board and for the
23 enforcement of this act. The board shall submit an annual
24 budget to the county commission and school board at least 30
25 days prior to the beginning of the new fiscal year for each
26 taxing authority. Each taxing authority shall include
27 one-half of this budget amount in each of their respective
28 budgets. The actual legal expenses for hearings shall not be
29 a budget item but will be billed separately by the board to
30 the county commission and school board for the hearings that
31 involve their taxing authority. If the requested budget is
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1 disapproved by both or either of the taxing authorities, said
2 budget submitted shall be subject to review by the circuit
3 court for unreasonableness upon the resolution of the civil
4 service board requesting such review.
5 Section 7. Board to be independent; staff authorized;
6 attorney.--The board shall be independent and is authorized to
7 employ a staff and legal counsel as it may deem qualified and
8 competent to carry out the purpose of this act. The board is
9 also authorized to use personnel in the employ of the county,
10 subject to approval from the appointing authority, to assist
11 in carrying out the provisions of this act. The attorney
12 chosen shall be independent of the county and its appointing
13 authorities as defined in this act, and shall advise the board
14 and staff with respect to all legal matters of policy and
15 procedures. The board attorney shall act as counsel and/or
16 hearing officer to the board at all hearings and trials. The
17 attorneys for the appointing authorities enumerated in this
18 act shall, when requested by the appointing authorities,
19 appear and prosecute charges at trials or hearings before the
20 board.
21 Section 8. Administrative service; classified and
22 unclassified.--The administrative service of the county is
23 hereby divided into the classified service and the
24 unclassified service as defined in this act.
25 Section 9. Hiring outside act and annual contracts
26 prohibited.--From the effective date of this act, no
27 classified employee shall be hired outside the provisions of
28 this act or on an annual contract.
29 Section 10. Board members to receive a fixed
30 allowance.--The members of the board shall receive a fixed
31 allowance to be determined by joint resolution of the board of
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1 county commissioners and the school board. A minimum of $150
2 per month shall be paid to each member. The chairperson shall
3 receive an additional $50 per month.
4 Section 11. Qualifications of board.--No member of the
5 board shall be employed in any capacity by any appointing
6 authority, nor shall any member hold, or be a candidate for,
7 any paid public office. The members of the board shall
8 qualify by filing with the clerk of the circuit and county
9 courts an oath to support and defend the Constitution of the
10 United States and the Constitution of the State of Florida and
11 to faithfully perform the duties of their office.
12 Section 12. Officers and meetings.--The board shall
13 elect one of its members as chairman and another member as
14 vice-chairman, and shall meet at such time and place as
15 specified by call of the chairman with advance written notice
16 to each member at least 2 days prior to said meeting. Notice
17 shall be deemed sufficient when mailed to the current address
18 of each member on file with the board. At least one meeting
19 shall be held each month and special meetings may be held when
20 required. All meetings shall be open to the public. Three
21 members of the board shall constitute a quorum for the
22 transaction of business.
23 Section 13. Certification of payrolls.--In order to
24 ensure that payment of any salary, wage, or other compensation
25 to any person whose name appears on any payroll, classified or
26 unclassified, is authorized, each appointing authority shall
27 furnish copies of its payroll to the board immediately upon
28 completion of compiling said payroll. The board shall notify
29 the appointing authority, in writing, of any items which
30 appear to be in conflict with this act, as it may be amended,
31 or any civil service rules and the reasons thereof.
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1 Section 14. Classified pay plan.--The board shall
2 adopt, for each taxing authority, a classified pay plan
3 establishing a system of salary ranges for all positions in
4 the classified service in that taxing authority. Salary
5 ranges shall be fixed to job classifications. Job
6 classifications will be established to ensure uniform pay
7 ranges for like services for all classified employees
8 throughout the county. To ensure this uniformity, changes in
9 ranges for classification must be first approved by each
10 taxing authority ensuring adequate funding and then
11 recommended to the board for evaluation and approval or
12 disapproval. Each taxing authority shall have the
13 responsibility for determining the dollar figure which shall
14 be inserted into the ranges of the classified pay plan. The
15 board shall make a wage survey for employees in the service of
16 the county and give the results of the survey to each taxing
17 authority to prepare the dollar figure to be inserted into the
18 ranges. The board shall update this survey at least every 3
19 years and have it completed no later than 3 months prior to
20 the start of the fiscal year.
21 Section 15. Efficiency standards.--Each taxing
22 authority, at their discretion, shall develop an evaluation
23 system approved by the board to be used to evaluate classified
24 employees on an annual basis. A report will be made to the
25 appointing authority listing the names of those with
26 unsatisfactory reports and a listing of those whose reports
27 have not been received within 1 month following the evaluation
28 period.
29 Section 16. Rules for classified service; posting of
30 rules.--
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1 (1) Rules implementing a classified pay plan, leave
2 and holiday policies, reduction-in-force guidelines, and
3 procedures relating to hearings of the Civil Service Board
4 which have general application to the classified employees
5 under the board of county commissioners and constitutional
6 officers shall be adopted and may be amended by vote of the
7 board of county commissioners and constitutional officers.
8 Each county commissioner and each constitutional officer shall
9 have one vote. If there is a tie vote, the majority vote of
10 the board of county commissioners shall prevail. The board
11 shall adopt, amend, and enforce a code of rules and
12 regulations for each taxing authority, providing for
13 appointment, employment, and promotion in the classified
14 service covered by the terms of this act, based on merit,
15 efficiency, character, industry, and seniority.
16 (2) Reductions in force shall not be deemed to be
17 dismissals subject to appeal to the board pursuant to section
18 21. No rules or regulations shall be adopted by the board
19 which conflict with the terms and provisions of this act.
20 Before any rule or regulation is adopted, a copy of the
21 proposed rule or regulation shall be posted for a period of 5
22 days in conspicuous places of employee assembly, such places
23 to be designated by the board. Any member of the
24 administrative service or any representative thereof shall
25 have the right to appear before the board to object or suggest
26 amendments to such rules or regulations. Any rule or
27 regulation adopted shall become effective upon the date
28 specified therein. A copy of such rule or regulation shall be
29 widely distributed by the staff of the board to the members of
30 the administrative service within 5 days after the rule or
31 regulation has been adopted.
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1 (3) The rules or regulations, among other things shall
2 provide:
3 (a) For the standardization and classification by
4 taxing authority of all positions in the classified service of
5 the county. Such classification in groups and subdivisions
6 shall be based upon and scaled according to the
7 qualifications, duties, and responsibilities required.
8 (b) For public notice of the time and place of all job
9 application openings by advertising such openings in a
10 newspaper of general circulation in the county, and by posting
11 notices for a period of 10 days in conspicuous places of
12 employee assembly. Places shall be designated by the board.
13 (c) For the rejection of the applications of persons
14 who do not satisfy minimum job requirements, minimum age, or
15 who have attempted deception or fraud in connection with any
16 test or their application.
17 (d) For transfer within the Civil Service System.
18 (e) The board shall, at the request of the school
19 board, provide for extensions of the civil service system to
20 incumbents in positions which are presently unclassified
21 (instructional personnel and administrative personnel only, as
22 described in section 228.041(9) and (10), Florida Statutes);
23 and the board shall have the authority to absorb the employees
24 outside the normal recruiting procedures. Further, the board
25 shall have the authority to provide credit for previous
26 service of classified and unclassified employees.
27 (4) A seniority list shall be posted for each taxing
28 authority, including all work years from the date of the
29 initial employment of each employee. The board shall by rule
30 establish procedures for determining seniority.
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1 Section 17. Registers.--The following registers shall
2 be established from the rating on an application and/or test
3 results for the purpose of furnishing names of eligibles from
4 which appointments or promotions shall be made:
5 (1) Promotional registers shall consist of the names
6 of employees within the service who meet the minimum
7 qualifications.
8 (2) Top of reemployment registers consisting of the
9 names of former permanent employees who were laid off for lack
10 of funds or lack of work, whose jobs were abolished, or who
11 resigned for reasons of accident or illness of the employee or
12 serious illness or death of a member of the employee's
13 immediate family and who make application for reinstatement
14 within a period of time to be specified by rule of the board.
15 (3) Reemployment registers consisting of the names of
16 former permanent employees who resigned to seek or accept
17 other employment, to seek elective office, or who for other
18 reasons resign in good standing and make application for
19 reinstatement within a period of time to be specified by rule
20 of the board. The reemployment register shall also consist of
21 the names of former seasonal employees who make application
22 for reinstatement within a period of time to be specified by
23 rule of the board notwithstanding attainment of permanent
24 status.
25 (4) Employment registers consisting of the names of
26 former employees who separated in good standing during
27 probation or at the time of separation were on promotional
28 registers for a higher class of position and make application
29 for reinstatement within a period of time as specified by rule
30 of the board and the names of all applicants who through open
31 recruitment attain such minimum marks as may be fixed for the
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1 various parts of appropriate tests and the final rating is not
2 less than the minimum fixed by rule. Registers shall be so
3 arranged to promptly determine the names of all applicants who
4 will accept full-time, temporary, seasonal, part-time, or
5 other types of employment, at specific locations throughout
6 the county.
7 Section 18. Rank on registers.--
8 (1) The names of persons on the reemployment and top
9 of reemployment registers shall take rank in the order of a
10 weighted score to be determined by rule of the board according
11 to their performance evaluation and seniority at the time of
12 separation.
13 (2) The names of persons on the employment registers
14 shall take rank in the order of their combined ratings on
15 their application and appropriate examination without
16 reference to priority of time of test. Whenever subsequent
17 examinations are held to obtain additional eligibles, the
18 existing registers shall be consolidated with the new register
19 by arranging the names of all eligibles contained thereon in
20 the order of their final ratings.
21 (3) The names of persons on the promotional registers
22 shall take rank in the order of their combined ratings on the
23 application, appropriate examination, and seniority points
24 without reference to priority of time of test. Whenever
25 subsequent examinations are held to obtain additional
26 eligibles, the existing registers shall be consolidated with
27 the new register by arranging the names of all eligibles
28 contained thereon in the order of their final ratings.
29 (4) All registers shall remain in force for 1 year
30 from the register date of examination or application for
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1 reinstatement as the case may be, unless otherwise determined
2 by the board to be nonfunctional.
3 (5) The name of any eligible person may, upon written
4 request during the term of a register, be converted to a
5 register of a lower class, provided the eligible person
6 qualifies in every respect for the class of position to which
7 conversion is sought. The eligible's name shall be ranked
8 thereon according to the rating attained on the original
9 examination.
10 Section 19. Filling vacancies in the classified
11 service.--
12 (1) Vacancies may be filled by transfer, demotion, or
13 certification from promotional, reemployment, or employment
14 registers established for the various classes of positions.
15 (2) Vacancies in positions shall be anticipated
16 insofar as possible in advance to permit the board to
17 determine who may be eligible for appointment, or, if
18 necessary, to establish a list of eligibles. If a new
19 classification is necessary, sufficient time shall be allowed
20 to prepare class specifications and insertion into the pay
21 plans.
22 (3) Before filling a vacancy occurring in any class of
23 position, whether permanent, seasonal, temporary, or
24 otherwise, the appointing authority shall place a requisition
25 with the board, listing the class title, identification of
26 position, term of employment, cause of the vacancy, and other
27 information deemed pertinent or necessary for the expeditious
28 handling of the request. Substitute appointments will not
29 require a requisition.
30 (4) Upon receipt of a requisition, the board shall
31 process the appropriate register(s) and furnish the appointing
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1 authority the names of the highest five eligibles for
2 appointment. Combinations of registers may be used in the
3 aforementioned order to allow the appointing authority a
4 choice of five applicants, if possible, from which to make an
5 appointment. Applicants being certified for appointment shall
6 be afforded the courtesy of an interview even though there may
7 be less than five from which to make a selection.
8 (5) Registers shall be processed and eligibles
9 referred in strict order of standing except where certain
10 special qualifications for a particular position have been
11 requested and justified in writing as being job-related by the
12 appointing authority and approved by the board. Referrals may
13 be limited to those eligibles meeting the special
14 qualifications required for successful performance in the
15 position.
16 (6) The appointing authority shall promptly report the
17 name of the eligible selected for appointment to the board in
18 order that all requirements for medical examination, if any,
19 may be satisfied prior to issuance of the official
20 certification containing the name of the eligible selected.
21 (7) Appointments shall take effect upon the date the
22 employee reports for duty after receiving an appointment, if
23 retained by the appointing authority in accordance with
24 selection procedures.
25 (8) No appointment, promotion, or reinstatement shall
26 be deemed complete until after the expiration of a
27 probationary period of 1 year for sworn law
28 enforcement/corrections positions, and entry-level
29 communications dispatcher positions. All other classified
30 service positions shall serve a probationary period of 6
31 months. The appointing authority may terminate or demote the
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1 employee, if during the probationary service the appointing
2 authority deems the employee unfit or unsatisfactory for
3 service with the following provisions:
4 (a) Appointing authorities shall be required at the
5 end of the first 3 months of probationary service to submit a
6 performance evaluation of the probationary employee to the
7 board. Such report, along with the termination of employment,
8 shall serve as the basis for consideration by the board in
9 determining whether upon removal, for reasons not
10 discreditable, the employee may have his name returned to the
11 register from which it was certified.
12 (b) All employees shall serve the required
13 probationary period; however, when an employee is removed from
14 a position during probation for promotion, that employee shall
15 forthwith be returned to duty in the position held immediately
16 prior to promotion unless such removal was for discreditable
17 reasons, in which case the employee shall be entitled to a
18 hearing before the board.
19 (c) Nonstatus employees removed from positions during
20 their probationary periods shall not be entitled to a hearing
21 before the board.
22 Section 20. Extraordinary appointments.--The following
23 types of extraordinary appointments may be made in accordance
24 with provisions herein described:
25 (1) PROVISIONAL APPOINTMENT.--Upon receipt of a
26 requisition for applicants to fill a permanent position for
27 which there is no appropriate register, or when the number of
28 eligibles willing to accept appointments to a particular
29 position is insufficient to allow the appointing authority a
30 choice, the board may authorize filling the position by
31 provisional appointment pending recruitment and certification.
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1 Such appointment shall remain in force only until the
2 appropriate register has been established and certification
3 can be made for a maximum of 6 months. Applicants not meeting
4 minimum qualifications shall not be permitted to serve in this
5 appointment.
6 (2) EMERGENCY APPOINTMENT.--An emergency appointment
7 is necessary because of an unforeseen condition or situation
8 which is likely to cause loss of life or loss or damage to
9 public property, such as a riot, hurricane, tornado, flood, or
10 other disaster which requires the employment of extra
11 personnel without delay. When an emergency of such nature
12 occurs, the appointing authority may ignore all registers or
13 the requirement to place a requisition to the board and may
14 appoint as many extra persons as are necessary to remedy the
15 condition at the rate of pay commonly paid for the types of
16 service performed during such disasters. Immediate reports of
17 such emergency appointments shall be made to the board,
18 reciting the nature of the emergency, names of the appointees,
19 and rates of pay promised. No emergency appointment shall
20 continue for more than 1 month without approval of the board.
21 (3) TEMPORARY APPOINTMENT.--Upon request from an
22 appointing authority to fill positions of a temporary nature,
23 the board shall process the appropriate register for names of
24 applicants who are willing to accept temporary employment. If
25 there is no appropriate register, or the number of applicants
26 who are willing to accept temporary employment is not
27 sufficient to allow the appointing authority a choice in
28 making such appointment, the appointing authority may fill the
29 temporary vacancy without regard to normal certification
30 procedures, in which case such appointments shall be
31 immediately reported to the board. All such appointments
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1 shall be limited to a maximum period of 6 months. No
2 temporary appointee shall be permitted more than one such
3 appointment with the same appointing authority without a break
4 in service of at least 30 days, unless the board is convinced
5 that the stoppage of public business or inconvenience to the
6 public is imminent. In such case, the board may authorize an
7 extension to the appointment for a specified period of time
8 beyond the maximum duration. No seniority credit shall be
9 allowed for services rendered under a temporary appointment
10 with the county, nor shall any benefits accrue, except these
11 employees may be paid for holidays occurring during the period
12 of appointment. A maximum of 45 days work experience credit
13 shall be allowable. The acceptance or refusal of temporary
14 appointments shall not jeopardize the rights of eligibles for
15 permanent appointment.
16 (4) STUDENT APPOINTMENT.--Appointment of students on a
17 part-time basis to established positions may be made without
18 following normal recruitment or examination procedures. An
19 appointee shall be a high school student or enrolled in a
20 minimum of three courses toward a vocational certificate at an
21 accredited vocational school or enrolled in six semester hours
22 at an accredited college or university. No employee in this
23 category may be appointed to any position which may be
24 occupied by a classified employee under normal appointment
25 procedures. No student shall be permitted to work over 1400
26 hours in any fiscal year. No employment shall continue beyond
27 90 days following the date on which the student no longer
28 meets the minimum requirements of this section. Employees in
29 the student category shall not gain status nor accrue benefits
30 provided by this act. Special pay provisions shall be adopted
31
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1 by the board for the purpose of standardizing pay among
2 student employees of the various departments.
3 (5) LIMITED TERM APPOINTMENT.--Appointments to
4 positions established under federal or state grant agreements
5 may be made without following normal recruitment and
6 evaluation procedures as determined by the board. Appointments
7 shall, if possible, be made from existing registers of
8 qualified applicants and all appointments shall be handled
9 through the board in accordance with adopted rules. All
10 persons employed under a grant agreement shall be informed as
11 to the terms of the grant and shall agree to termination of
12 employment upon expiration of the grant without right of
13 appeal as in the case of abolishment of a permanent position.
14 If a position established under a grant is absorbed into the
15 regular service, the employee occupying such position may
16 receive a permanent appointment without further qualifying in
17 the required evaluation procedure if the initial appointment
18 was on a competitive basis. Employees serving in grant
19 positions shall be entitled to the same benefits and
20 privileges as regular employees while employed except for the
21 right of appeal on abolishment of position.
22 (6) SUBSTITUTE APPOINTMENT.--A substitute appointment
23 is to replace a regular employee who is absent from work for a
24 period of short duration not to exceed 45 workdays. It is not
25 to be confused with a temporary appointment which may be used
26 for the same or other purposes but for longer periods of time.
27 Whenever possible, such appointments shall be made from lists
28 of eligibles prepared in advance by the board and furnished to
29 the appointing authority concerned. It is the intention by
30 this provision to establish a practical and convenient method
31 for furnishing large numbers of substitutes who may be needed
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1 on short notice when the business offices are closed. All
2 such appointments made shall be reported to the board
3 according to rules to be established by it for this provision.
4 No permanent or seniority credit shall be allowed for service
5 rendered under a substitute appointment nor shall any benefits
6 accrue during the period of such short-term substitute
7 service. A maximum of 45 days work experience credit shall be
8 allowable. The acceptance or refusal of substitute employment
9 shall not jeopardize the rights of any eligible for permanent
10 appointment.
11 (7) SEASONAL APPOINTMENT.--Seasonal appointments to
12 established positions, which require the services of an
13 incumbent for certain parts of the year on a recurring basis,
14 may be made in the same manner as provided for permanent
15 appointments to year-round positions, except that both the
16 appointing authority and the seasonal appointee shall agree to
17 periodic lapses of employment at the end of each season
18 without prejudice to reemployment at the opening of the next
19 season. Seasonal appointees are not permanent and shall not
20 be permitted year-round employment. Appointing authorities
21 using this provision shall certify to the board their seasonal
22 period.
23 (8) RETIREE APPOINTMENT.--The board shall establish
24 rules governing such retiree appointments, the reports
25 thereof, and any benefits which may accrue during the period
26 of such after-retirement employment. Employees retired under
27 the Florida Retirement System who are reappointed must comply
28 with regulations established by the Florida Retirement System.
29 (9) TRAINEE APPOINTMENT.--The rules of the board may
30 provide for the establishment of training programs, including
31 programs designed to attract and use persons with minimal
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1 qualifications, but with potential for development, in order
2 to provide career development opportunities for such
3 disadvantaged groups as handicapped persons, returning
4 veterans, older workers, or other minority group
5 representatives as may be designated by the board. Training
6 programs may also be developed to overcome a shortage of
7 skills in the labor market. Such programs shall be strictly
8 controlled by the board to prevent abuse of the merit system
9 by limiting the number of and duration for such appointments;
10 however, such programs may provide for permanent appointment
11 to established positions upon satisfactory completion of the
12 training period and qualification in the required examination
13 and certification procedure. If given a permanent
14 appointment, the employee shall receive credit for service
15 rendered under the trainee appointment.
16 (10) WORKERS' COMPENSATION/DISABILITY APPOINTMENT.--An
17 appointing authority may directly fill a vacant position both
18 temporarily or permanently with an employee or ex-employee who
19 has a disability that must be accommodated, or is a workers'
20 compensation claimant from the appointing authority or another
21 appointing authority within the Santa Rosa County Civil
22 Service System.
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24 The vacant position may be filled with such person without
25 following normal recruitment, examination, qualifications, or
26 certification procedures.
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28 In order to be considered for a vacant position under this
29 section, the employee must be unable to perform the essential
30 functions of his or her former/present job duties with or
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1 without a reasonable accommodation due to an injury or
2 disability.
3 Section 21. Suspensions, demotions, dismissals, and
4 hearings.--
5 (1) Any appointing authority may demote, suspend, or
6 dismiss a classified employee for cause upon filing with the
7 board written reasons for such action and giving the person
8 whose removal is sought reasonable notice of the same and of
9 the basis for such action charges preferred against him and an
10 opportunity to answer the same orally or in writing and to
11 file with the board affidavits in support of such answer.
12 Probationary employees do not have appeal rights and shall be
13 deemed at-will employees.
14 (2) Such action charges may be filed with the board no
15 more than 10 days excluding holidays of the relevant taxing
16 authority after the effective date of the disciplinary action,
17 and if not received in the office of the board within 10 days
18 excluding holidays of the relevant taxing authority of such
19 action the employee will be reinstated and reimbursed for loss
20 of pay and allowances. Such action may then be refiled by the
21 relevant appointing authority. Thereafter, the employee shall
22 have 10 days excluding holidays of the relevant taxing
23 authority after the action has charges have been filed with
24 the board within which to request a hearing before the board
25 on such action charges. If a hearing is requested by an
26 employee the same shall be heard within a reasonable time
27 thereafter.
28 (a) Any appointing authority may suspend a classified
29 employee for a reasonable period not to exceed 30 working days
30 pending hearing and decision. Every such suspension shall be
31 without pay; provided, however, that the board shall have
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1 authority to conduct a hearing upon appeal by the affected
2 employee for every such suspension and, in case of its
3 disapproval, shall have power to restore pay to the employee
4 for such suspended time.
5 (b) Notice of a dismissal may be in the form of a
6 suspension without pay with recommendation for dismissal. If
7 the dismissal is not upheld by the board, the employee may be
8 reinstated to his former position with full pay and allowances
9 or the board may sustain a suspension not to exceed 30 days if
10 justified by the nature of the violation. The employee shall
11 be paid or restored to any pay or benefits lost by virtue of
12 any period of suspension not sustained by the board.
13 (3) Subject to the foregoing provisions of this
14 section, no person in the classified service shall be demoted,
15 suspended, or dismissed removed or discharged except for cause
16 upon written action charges and after an opportunity to be
17 heard in his own defense.
18 (4) The board may reinstate the person removed only in
19 case it appears after a proper public hearing that the removal
20 was made for reasons other than just cause.
21 (5) For the purpose of any hearing which the board is
22 authorized or required to conduct, the board or any member
23 thereof, or its designee, shall have power to conduct such
24 hearing, administer oaths, take depositions, issue subpoenas,
25 compel the attendance of witnesses and the production of
26 books, accounts, papers, records, documents, and testimony.
27 (6) In case of failure of any person to comply with an
28 order of the board, or a subpoena issued by the board or any
29 of its members or director, or on the refusal of a witness to
30 testify to any matter to which he may be lawfully
31 interrogated, a judge of a court of competent jurisdiction in
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1 the county in which the person resides, on application of any
2 member of the board or its designee, shall compel the person
3 to testify or comply with said order or subpoena.
4 (7) The sheriff of any county shall serve such
5 subpoena and shall receive the same fees as he normally
6 charges for such service, and each witness who appears, in
7 obedience to a subpoena before the board or a member or its
8 designee, shall receive for his attendance the fees and
9 mileage provided for witnesses in civil cases in the civil
10 courts of this state, which shall be audited and paid in the
11 same manner as other expenses are audited and paid, upon the
12 presentation of proper vouchers approved by any two members of
13 the board.
14 (8) Notwithstanding any other provision of this act,
15 all papers filed in the case shall be public records.
16 Section 22. Prohibitions.--
17 (1) No person shall deceive or obstruct any person in
18 respect to his right of examination under the provisions of
19 this act, or falsely mark, grade, estimate, or report upon the
20 test or standing of any person tested, or aid in so doing, or
21 furnish to any person, except in answer to inquiries of the
22 board, any special information for the purpose of either
23 improving or injuring the rating of any person for appointment
24 or employment.
25 (2) No applicant shall deceive the board for the
26 purpose of improving his chances or prospects for appointment.
27 (1)(3) No public officer or employee shall use or
28 promise to use his influence or official authority to secure
29 any appointment or prospect for appointment to any position
30 classified under this act as a reward or return for personal
31 or partisan political service.
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1 (4) A resignation executed previous to appointment
2 shall be of no effect.
3 (2)(5) No person shall solicit orally or by letter for
4 any political purpose, and no public officer or employee shall
5 receive or be in any manner concerned in receiving or
6 soliciting, any money or valuable thing from any officer or
7 employee holding a position in the classified service for any
8 political party or purpose whatsoever.
9 (6) With the approval of the board only, salaries may
10 be increased by the appointing authority. Such increase,
11 however, shall not exceed budgetary appropriations or exceed
12 the prescribed range for the position. Salaries may not be
13 decreased without the approval of the board unless such
14 decrease be general by taxing authority.
15 (7) The payment of any salary, wage, or other
16 compensation for services to any person whose position comes
17 within the classification provided in this act is hereby
18 prohibited, unless such person is holding such position so
19 qualified under the terms and provisions of this act.
20 (3)(8) No public officer or employee shall, by means
21 of threats or coercion, induce or attempt to induce any person
22 holding a position to take a leave of absence from duty, or to
23 waive any of his rights under this act.
24 (4)(9) No position within the classified service shall
25 be abolished for the purpose of removing the incumbent from
26 holding such position, provided, however, that a position may
27 be abolished if the need for the same shall cease. No
28 reduction in class, rank or pay, nor any discharge, shall be
29 effective except as provided by the provisions of this act.
30 Section 23. Reduction in force; preferred eligible
31 list.--
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1 (1) When the appointing authority notifies in writing
2 the board chairman or the director that there is an excess
3 number of persons within a class of the classified service in
4 any department, the board shall order the discharge of the
5 excessive number of employees and the appointing authority
6 shall enforce such order; provided that such order shall
7 conform to the following procedure:
8 (a) The person who stands lowest in the class within
9 the department so certified and lowest in seniority within
10 that class shall be the first discharged or reduced, and such
11 system of reduction and discharge shall continue until the
12 certified number of employees have been reduced.
13 (b) No discharges shall be made except discharges of
14 those persons of lowest seniority in the lowest class of the
15 department so certified.
16 (c) No reduction shall be made, except reduction of
17 the persons lowest in seniority in the class certified to be
18 reduced or in the lower succeeding classes.
19 (2) Any member reduced or discharged under the terms
20 of this section and prior to his reduction or discharge had
21 served his probationary period without reduction from such
22 position, shall not be required to serve a second probationary
23 period in the lower position.
24 Section 24. Political activity.--Any member of the
25 classified service who chooses to run for any elective county
26 or state public office shall, upon qualifying for such office,
27 be immediately deemed to have temporarily terminated his
28 employment as a classified employee and all pay and other
29 benefits accruing under this act shall cease to run until such
30 time as said employee is no longer a candidate for elective
31 public office. In the event said employee is not elected to
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1 said public office, he shall be reinstated to his prior
2 position without penalty except for the loss of pay and
3 accrued benefits during the temporary suspension of
4 employment. In the event said employee is elected to the
5 elective office, he shall be allowed to resume his employment
6 within the classified service only for that period of time
7 following the day of his election until the date he assumes
8 said office, at which time his employment within the
9 classified service shall terminate.
10 Section 25. Reports of personnel actions by appointing
11 authorities.--Reports in writing shall be given to the board
12 by the appointing authorities of all appointments,
13 reinstatements, vacancies, absences, or other matters
14 affecting the status of position or the performance of duties
15 of officers or employees classified under the provision of
16 this act.
17 Section 26. Records.--The records of the board shall
18 be open to public inspection by any citizen under reasonable
19 supervision in accordance with the laws of this state.
20 Section 27. Severability.--
21 (1) The provisions of this act shall be severable, and
22 if any of the provisions shall be held unconstitutional, the
23 decision of the court shall not affect the validity of the
24 remaining provisions.
25 (2) This act shall not be held or construed to create
26 any property rights or any vested interest in any office,
27 position, or employment, and the right is hereby reserved to
28 repeal, alter, or amend this act or any provision thereof at
29 any time.
30 Section 28. Service in the armed forces.--The board
31 shall adopt rules to provide reemployment protection for
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1 personnel inducted involuntarily into the armed service of the
2 United States of America in accordance with applicable state
3 and federal statutes.
4 Section 29. Annual, sick, emergency leave; leave for
5 injury on the job in the line of duty.--The board shall
6 provide by rule the hours of work for classified employees by
7 taxing authority and shall establish by taxing authority
8 procedures for accumulation of leave whether annual, sick,
9 emergency leave, or leave for injury on the job in the line of
10 duty. To determine the initial leave policies and hours of
11 work for classified employees by taxing authority, the board
12 shall make a determination of the policies of each taxing
13 authority as of the effective date of this act, and the board
14 shall provide policies by rule for each taxing authority
15 separately which will ensure that the classified employees in
16 each taxing authority shall receive no reduction in leave or
17 leave accumulation nor greater hours of work without increased
18 compensation than they had on the effective date of this act.
19 Section 30. Examination, physical or mental or both.--
20 (1) All members of the classified service are subject
21 to the rules and regulations of the board, but shall not be
22 required to submit to any examination, physical or mental or
23 both, except for the following reasons or purposes:
24 (a) Promotion or employment.
25 (b) Application for disability retirement.
26 (c) Request of two coworkers or the appointing
27 authority for examination to determine if the safety of other
28 employees could be affected by any physical or mental failure
29 by one employee. Such request if made by two coworkers must be
30 approved by the department head.
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1 (2) When an examination is required and the
2 examination results in a recommendation of the county
3 physician that the employee is unfit for duty, the employee
4 shall have the right to employ his own physician to examine
5 him, provided, that if the county physician and the employee's
6 physician disagree, a third physician shall be employed by the
7 county.
8 (3) In the event of the retirement for illness,
9 injury, or disability of any member of the classified service
10 under pension or title provisions, or under the provisions of
11 this act, such illness, injury, or disability shall be
12 certified to the board by the county physician; provided that
13 the employee may consult a physician of his own choosing to
14 collaborate with the county physician in determining the
15 disability; but in any event, the findings of the county
16 physician shall be final and the board shall accept the same.
17 However, when disability retirement, or request for the same
18 as a result of a forced examination, as provided in paragraph
19 (1)(c) is involved, then the board shall accept the findings
20 of the two physicians who are in agreement.
21 Section 31. Enforcement.--
22 (1) The chairperson of the board shall supervise the
23 execution of the provisions of this act and of the rules made.
24 All persons in the service of the county shall comply with
25 such rules and aid in their enforcement.
26 (2) Any taxpayer in the county may maintain an action
27 to recover for the county any sum of money paid in violation
28 of the provisions of this act or the rules made hereunder, or
29 to enjoin the chairperson of the board from attaching a
30 certificate to a payroll or account for service rendered in
31 violation of this act or the rules made. The rules made under
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1 the provisions of this act shall for this and all other
2 purposes have the force of law.
3 Section 2. This act shall take effect July 1, 2002.
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