St. Petersburg City Council Agenda Item Meeting of June 21, The Honorable John Bryan, Chair, and Members of City Council

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1 St. Petersburg City Council Agenda Item Meeting of June 21, 2007 To : The Honorable John Bryan, Chair, and Members of City Council Subject : Repealing the existing Section of the current City Code regarding the Civil Service Board and creating a new Section providing for a Civil Service Board as required by the City Charter and enumerating the composition, procedures and powers of the Board. Action Being Requested : Council action is being sought to repeal the existing Section of the current City Code regarding the Civil Service Board and create a new Section of the Code which specifies in more detail the composition, procedures and powers of the Board as currently defined in the Board's by-laws and procedural guidelines. Summary : The Civil Service Board is created by the City Charter, Section 4.04 (b). The purpose of the Board is to provide classified employees with an economical and less formal opportunity to have certain disciplinary actions (termination of employment, demotion, and suspensions in excess of 10 consecutive work days) reviewed by a board of lay persons appointed by City Council. Currently, the majority of the Board's procedures and practices are governed by by-laws drafted by Administration and adopted by the Board, and by past practice. In recent years, decisions of the Board have been challenged on procedural grounds, including questions concerning the procedures, legal authority, and actions of the Civil Service Board itself. In order to better codify the duties and authority of the Board, Administration is recommending that the Ordinance defining the Board and its powers be more succinctly defined such that these issues will be less in question in any future litigation. Additionally, defining the status and authority of the Board in more detail will help to uphold the Board's decisions and protect its members in any possible future legal proceedings. The procedures and authority granted the Board in the proposed new Ordinance do not reflect new processes, but rather are a codification of existing policies and procedures currently utilized by the Board. First Reading of Title and Setting of Public Hearing was conducted on June 7, Cost : There is no direct cost associated with this action. Recommendations : Conduct Second Reading and Public Hearing on June 21, Attachments : 1. Proposed Ordinance 2. Current Ordinance 3. City Charter Section 4.04 (b) Approvals : A ministra'[ion Budget /v

2 AN ORDINANCE REPEALING THE EXISTING SECTION AND CREATING A NEW SECTION OF THE ST. PETERSBURG CITY CODE ; PROVIDING FOR A CIVIL SERVICE BOARD AS REQUIRED BY THE CITY CHARTER; PROVIDING FOR THE POWERS AND DUTIES OF THE BOARD; PROVIDING FOR MEMBERS AND TERMS OF OFFICE ; PROVIDING FOR OFFICERS ; PROVIDING FOR A SECRETARY ; PROVIDING FOR DUTIES AND POWERS OF THE SECRETARY : PROVIDING FOR ADMINISTRATIVE PROCEDURES ; PROVIDING FOR HEARINGS AND HEARING PROCEDURES ; PROVIDING FOR A BURDEN OF PROOF; PROVIDING FOR THE EFFECT OF TIE VOTES ; PROVIDING FOR A PROCESS FOR CONTINUANCES ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Charter provides that there shall be a Civil Service Board composed of volunteer citizens who shall provide appellate review of certain types of disciplinary decisions for employees within certain specified classifications ; and WHEREAS, the City Council finds that it is necessary and appropriate to provide an informal and less costly opportunity for classified employees to have certain types of discipline reviewed ; and WHEREAS, it is necessary and appropriate that the City Council establish the powers, duties, and general rules and procedures for the Civil Service Board. THE CITY OF ST. PETERSBURG DOES ORDAIN : Section One. The St. Petersburg City Code is hereby amended by removing and repealing all of the existing language in Section Section Two. The St. Petersburg City Code is hereby amended by adding a new Section, 22-30(a) through (m), to read as follows : Sec Civil Service Board. (a) A Civil Service Board (`Board') is created by the City Charter. The purpose of the Board is to provide classified employees with an economical and less formal opportunity to have certain discipline reviewed by a board of lay persons. The Board is a fact finding body that determines whether or not just cause existed with respect to the charges brought by

3 management which resulted in certain disciplinary action(s). A classified employee is not required to have an attorney to appear before the Board. (b) The City will make a reasonable effort to advise a classified employee of his/her rights under this Section, identifying the time limitation by which a written grievance must be filed with the Civil Service Board's Secretary. (c) Composition of Board and Terms of Office. (1) The Board shall be composed of five regular and three alternate members. (2) The regular and alternate members of the Board shall be residents of the City and be appointed by the City Council to serve overlapping terms of three years. (3) Alternate members shall serve in the absence of any of the regular members. (4) Members of the Board may only be removed during their term by the City Council for cause. (5) Vacancies on the Board, from whatever cause, shall be filled by appointment by the City Council for the unexpired term. (6) No person shall be appointed to the Board who holds any salaried office or employment in the City of St. Petersburg government nor shall any member be eligible for employment with the City of St. Petersburg while serving on the Board. (d) Adequate annual appropriations shall be made to enable the Board to effectively administer the provisions of this section. (e) Officers. (1) The Board shall have a Chairperson and Vice Chairperson who shall be regular members of the Board. (2) The Chairperson and Vice Chairperson shall be elected for one year terms commencing on July 1 st of each year. All regular and alternate members present for such election may vote. (3) The Chairperson and Vice Chairperson shall be nominated and elected by ballot with voting to continue until a majority have agreed. (4) The Chairperson and Vice Chairperson may serve in each capacity for two (2) consecutive terms only. -2-

4 (5) In the absence of the Chairperson, the Vice Chairperson shall act as Chairperson. (6) In the absence of the Chairperson and Vice Chairperson, a Chairperson pro-tem shall be elected by the members present to act as Chairperson. (f) Secretary to the Civil Service Board. (1) The City's Human Resources Director (or the Director of a similar City department designated by the Mayor to fulfill the administrative duties of this section) or his/her designee shall serve as the Secretary to the Board. Any reference to the Secretary shall include the Secretary's designee. (2) The Secretary shall determine whether a grievance or issue is timely filed and is within the power and authority of the Board to review, as is established by this section of the St. Petersburg City Code. (A) (B) If the grievance is within the power or authority of the Board and is timely filed, the Secretary will contact all regular members of the Board to schedule a hearing. If a sufficient number of regular Board members is not available, alternate Board members will be contacted. If the grievance is not within the power or authority of the Board or if the grievance is not timely filed, the Secretary will so notify the Grievant and no hearing will be scheduled or held. (3) The Secretary shall attend all meetings and hearings of the Board and record its official actions in the minutes. (4) The Secretary shall notify all members of the Board, including regular members and alternate members, of all hearing/meeting dates. (5) The Secretary shall provide all members of the Board, including regular members and alternate members, with copies of all correspondence. (g) Quorum and Voting. (1) A minimum of three (3) members must be present for a quorum. (2) A majority of members present and voting must agree for any vote to be effective, except for tie votes as noted in (j) below. -3-

5 (3) Absent regular members shall be temporarily replaced by alternate members. When seated, alternates shall have all voting powers exercised by regular members. (h) Minutes. (1) The official minutes shall, at a minimum, consist of A. the time and place of each meeting or hearing of the Board, B. names of the Board members present, C. a record of all official acts of the Board, D. the votes of each Board member unless the vote is unanimous which shall be recorded as such, E. when requested, a Board member's dissent along with his/her reasons for the dissension. (2) The minutes, or a true copy thereof, shall be made available for public inspection. (3) The minutes and files of the Board shall be maintained by the Secretary. (i) Meetings. (1) The Board shall determine the frequency, day, and place of its meetings in order to best carry out the powers and duties entrusted to it by the St. Petersburg City Code. (2) Meetings will be used to conduct the administrative affairs of the Board, elect the Chairperson and Vice Chairperson, receive any informational or educational matters, and handle any other business that falls within the purview of the Board including the holding of hearings provided by this section. (3) Meetings of the Board are open to the public. (4) Notice of Board meetings shall be published in the manner required by law. (j) Hearings. (1) It shall be the duty of the Board to hear and review grievances submitted by classified employees resulting from disciplinary actions of demotion, dismissal, or suspension in excess of ten (10) consecutive workdays or 80 consecutive work hours. -4-

6 (2) In the event a grievance is timely filed, the Board will meet within a reasonable period of time and continue until both the Grievant and the Department have rested their respective cases and made their respective closing arguments. This shall not prevent the Board from continuing a hearing or conducting a hearing on more than one day. (3) The Secretary shall record the hearing by tape recorder. Neither the City or the Board shall be held responsible for a recording that is incomplete or inaudible. The Board shall have the authority to reject any request to make an audio or video recording of the hearing unless a nondisruptive recording device is used. (4) Should either party desire to have proceedings of the Board recorded by a court reporter, that party shall arrange for and bear the cost of such court reporter. (5) The Board shall have the power to question witnesses and receive relevant evidence. (6) The Secretary shall administer the oath to all witnesses prior to a witness testifying. (7) During the hearing, both the Grievant and the Department that administered the disciplinary decision shall have the right to be heard, be represented by persons of their choice who are authorized by law to represent them, and to present evidence and testimony to the Board. (8) At the hearing, the technical rules of evidence shall not apply. (9) It shall be the Grievant's burden to demonstrate by a preponderance of the evidence that there was not just cause for the charges of misconduct made by the City. (10) After the parties have made their closing arguments, the Board shall close the evidentiary phase of the hearing, deliberate, and issue a written order setting forth the Board's findings. The parties shall have no right to address the Board after the evidentiary phase of the hearing is closed, however, the Board may ask questions of the attorneys/representatives if they deem it necessary, but shall ensure that both sides have an opportunity to answer the questions. (11) In the event of a tie vote by the Board concerning whether just cause existed for a charge of misconduct, the Grievant shall not have met his or her burden and the City's charge of misconduct shall be deemed upheld. (12) Within five working days of the conclusion of the hearing, the Board shall forward its written order to the Grievant, the Department, and the Mayor. -5-

7 (13) The Board shall not have the authority or power to award damages, costs and/or attorney's fees. The Board shall not have the authority or power to order that any particular action be taken except to reverse the discipline when, based upon the facts found by the Board, the Board has found that no just cause existed for the charges of misconduct brought by management which resulted in the discipline. The Board shall not have the authority or power to review the procedures used to impose the discipline. (14) Evidence introduced shall be retained and the records and files shall be maintained by the Secretary as required by the Chapter 119, F.S. and may be destroyed as allowed by law. (k) Continuances of Hearings. (1) When either party requests a continuance of a hearing prior to the commencement of a hearing : A. and both parties consent, the Secretary may approve the continuance. B. and either party objects, the Board shall schedule a meeting to promptly resolve the request. Both parties shall be permitted to be represented and to present argument on that issue at such meeting. (2) If the hearing has commenced and either party requests a continuance, the Board shall resolve the request. (3) If the Grievant is the party requesting the continuance, the City's obligation (if any such legal obligation exists) to pay backpay shall end on the date of the originally scheduled hearing. (1) Review of the Board's Findings. (1) With regard to all adverse employment actions being reviewed, the Grievant shall have the right to have the decision of the Board reviewed in accordance with the law. (2) With regard to the review of demotions or suspensions in excess of ten consecutive workdays, the decision of the Board shall be binding on the Mayor to implement within ten working days after receiving the written order of the Board. (3) With regard to the review of dismissals, the Mayor shall have the right to have the decision of the Board reviewed in accordance with the law. -6-

8 (m) Business meetings and hearings of the Board shall be governed by Roberts Rules of Order unless modified by the Board or otherwise specified by ordinance or by law. Section Three. The provisions of this ordinance shall be deemed to be severable. If any portion of this ordinance is deemed unconstitutional, it shall not affect the constitutionality of any other portion of this ordinance. Section Four. Effective date. In the event this ordinance is not vetoed by the Mayor in accordance with the City Charter, it shall become effective upon the sixth business day after adoption unless the Mayor notifies the City Council through written notice filed with the City Clerk that the Mayor will not veto the ordinance, in which case the ordinance shall take effect immediately upon filing such written notice with the City Clerk. In the event this ordinance is vetoed by the Mayor in accordance with the City Charter, it shall not become effective unless and until the City Council overrides the veto in accordance with the City Charter, in which case it shall become effective immediately upon a successful vote to override the veto. Approved as to Form and Substance : c\j -afy"a\orney (besign CSB Ordina ce.wpd -7-

9 Attachment 2. Current Ordinance Sec Civil Service Board. (a) There shall be a Civil Service Board, composed of five regular and three alternate members who shall be citizens appointed by the City Council to serve overlapping terms of three years. Alternate members shall serve in the absence or inability of the regular members to serve. Members of the Board may only be removed by the City Council for cause. Vacancies on the Civil Service Board, from whatever cause, shall be filled by appointment by the City Council for the unexpired term. No person shall be appointed to the Board who holds any salaried office or employment in the City government nor shall any member be eligible for municipal employment while serving on the Board. (b) It shall be the duty of the Civil Service Board to hear and review grievances submitted classified employees resulting from alleged adverse employer action that result in demotion, dismissal, or suspension in excess of ten consecutive workdays. During such review, both the grievance and the Department which initiated the action shall have the right to be heard publicly, be represented by persons of their choice, and to present evidential facts. At the hearing of such grievances, technical rules of evidence shall not apply. In the event of an appeal, the Civil Service Board will meet within a reasonable period of time and continue until the grievance is disposed of. Further, the Board shall within five working days of the conclusion of the hearing forward its findings to the grievant and the City Manager. Decisions of the Board shall be final and binding on the City Manager to implement within the period of ten working days after receiving the written decision of the Civil Service Board. (c) The Board shall have the power to administer oaths, issue subpoenas, receive relevant evidence, compel the production of books and records, including transcripts, relevant to the hearing, and question witnesses. (d) Adequate annual appropriations shall be made to enable the Civil Service Board to effectively administer the provisions of this article. (Code 1973, ) Cross references : Boards, commissions, etc., et seq.

10 Attachment 3. Applicable Section of City Charter (Ord. No F, 7, , ratified ; Ord. No. 81-G, 2.7, , ratified ; Charter Review Commission, Amendment 10, ratified )) Sec Election and Compensation. (a) Election. The Mayor shall be elected in the manner provided in Article V of this Charter ; and the term of office shall be four (4) years commencing on the first day of April, (b) Compensation. The compensation of the Mayor shall be fixed by the Council. (Ord. No. 450-F, 2, , ratified ; Ord. No F, 8,9,1-7-88, ratified ; Ord. No. 81-G, 2.7, , ratified ) Sec Acting Mayor. The City Administrator shall exercise the powers and perform the duties of the Mayor during any temporary absence or disability or if the Mayor is removed from or otherwise vacates the office. (Ord. No F, 10, , ratified ; Ord. No. 81-G, 2.7, , ratified ; Charter Review Commission, Amendment 1, ratified 3/27/01) Sec Powers and duties of the Mayor and City Administrator. (a) Except for the Civil Service Board and the City Council committees which are appointed as provided for in Sections 4.04(b) and 3.12 of this Charter respectively, the Mayor shall, with confirmation of City Council, appoint all City Boards and Commissions. The Mayor shall, with confirmation of the Council, appoint the City Attorney, City Clerk and a City Administrator who shall be in charge of the daily operation of the City. The City Administrator shall have had relevant, management, executive, or administrative experience in municipal government. (b) The Mayor shall : (1) Appoint, and when the Mayor deems necessary for the good of the City, suspend, demote or remove all City employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law or this Charter. The Mayor may authorize any administrative officer or employee who is subject to the Mayor's direction and supervision to exercise these powers with respect to subordinates in that officer's or employee's department, office or agency. The Mayor shall establish written Personnel Rules and Regulations to the end that appointments and promotions of employees within specified classifications shall be made solely on the basis of merit and fitness demonstrated by examinations or other evidence of competence and to the end that upon their suspension for a period in excess of fifteen (15) calendar days, demotion or removal, employees within specified classifications shall have a right of appeal to a Civil Service Board appointed by City Council. 15