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

31

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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.--

31

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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.

31

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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

31

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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.

23

24  The vacant position may be filled with such person without

25  following normal recruitment, examination, qualifications, or

26  certification procedures.

27

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

31

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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.

31

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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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