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Ordinance 83-07 ORDINANCS NO. ~., AN' ORDINANCE ESTABLISHING A SYSTEH OF ,T, PERSONNEL ADHINISTRATION FOR THE GOVERNMENT ~" OF COLLIER COUNTY, FLORIDA, BASED ON P~RIT : AND FITNESS ANq) GUARANTEEING EQUAL EHPLOY~[ENT z'. OPPORTUNITY; PROVIDING TIlE SCOPE OF APPLICA- ..,TION AND EXCEPTIONS; PROVIDING DEFINITIONS; ~i PROVIDING FOR T!W. APPROVAL OF PERSONNEL RULES AND~REGULATION$ AND A CLASSIFICATIONS AND PAY PLA~ FOR COLLIER COUNTY AND PROVIDING FOR AHENDMENTS TO Ti~ PERSONNEL RULES AND REGULA- TIONS; PROVIDING ORGANIZATION FOR PERSONNEL ADMINISTRATION; PROVIDING FOR INTER-GOVERN- ~fENTAL COOPERATION, PENALTIES FOR VIOLATION OF THIS ORDINANCE, AND STATUS OF EHPLOYEES PRIOR TO ENACTHENT; PROVIDING FOR SEVER- ABILITY, CONFLICT AND EFFECTIVE DATE. ~REAS, The Board of County Commissioners is deeply concerned with providing high quality service for the citizens of Collier County, Florida; and ~REAS, The Board of County Commissioners is interested in assur- ing that salaries and working conditions provided are equitable and will attract ~nd retain capable employees; and ~REAS, The Board of County Commissioners wishes to affirm the policy of permitting no discrimination in its personnel practices be- cause of political affiliation, race, religion, national origin, phy- sical handicap, age or sex, except where age, sex or physical require- ments are a bona fide occupational qualification; and' ~{EREAS, The Board of Connty Commissioners recognizes that it would be in the best interest of its employees, Collier County, ~nd its citizens to establish a system of personnel admfnistrntion based on merit principles: BE IT ORDAIN'ED BY TIlE BOARD OF COUNTY COM~IISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION 1. TITLE :-~ This ordinance shall be known as the "Personnel Ordinance fot2ColliF~ County, Florida." SECTION 2. PURPOSE AND AUTHORITY The purpose of the Personnel Ordinance is to establish a ~st2m~ personnel administration to serve Collier County, Florida. The system herein established shall be consistent with the following merit prin- ciples: Ao Recruiting, selecting and advancing employees on the basis of their relative ability, knowledge and skills; Establishing pay rates consistent with the principle of providing equal pay for equal work; C. Training employees, as needed, to assure high quality performance; Do Retaining employees on the basis of the adequacy of their perfor- mance, correcting inadequate performance and separating employees whose performance is inadequate; Assuring fair treatment of applicants and employees in all aspects of personnel administration without regard to political affilia- tion, race, creed, national origin or ancestry, age, sex, physical handicap, or religion~ snd with pr?per regard for their privacy and constitutional rishtl; ^ssuring that employees are protected against coercion for par[iaaa political activities and are prohibited from using their official authority for the purpose of interfering with or affecting the result of an election or a nomination for office; Establishin8 a procedure for the presentation and adjustment of employee complaints based on alleged inequitable treatment because of some conditions of their employment or based on alleged discrim- ination because of race, creed, national origin or ancestry, age, sex, physical handicap, or religion, provided that the alleged discrimination otherwise violates applicable Federal or State law; and provided further that nothing herein is intended to create an expectation of continued employment or a property right in employ- mont. SECTION 3. SCOPE AND APPLICATION The County Service shall include all employees serving in continuing positions in Collier County, Florida, now existing or hereafter estab- lished, except the following: The members of the Board of County Commissioners, other elected officials, and persons appointed to fill positions under the juris- diction of such other elected officials~ unless or until said elected officials voluntarily agree to operate under the provisions of this Ordinance and the Rules amd Regulations adopted pursuant thereto by the Board of County Commissioners; Hembers of appointed or elected Boards, Councils or Commissions, County Officials and employees directly appointed by or under contract to the Board of County Commissioners; C. Division Administrators and DeparLmenr ][cads; Persons employed to conduct a temporary or special inquiry, inves- tigation, examination or project on behalf of the Board of Cmmty Commissioners, or a committee thereof; Volunteer personnel who receive no regular compensation from Collier County, Florida; Persons performing work under contract for Collier County, who are not carried on the payroll as employees; Employees not under the jurisdiction of the Board of County Commis- sioners or Collier County, Florida. SECTION 6, DEFINITIONS -For thc purpose of this Ordinance, words used in present tense shall include the future, the singular number includes the plural, the plural the singular, and reference to either gender shall include the other gender. SECTION 5. ADMINISTRATION The Board of County Commissioners shall by majority vote approve the Personnel Rules and Regulations and a Classification and Pay Plan for Collier County, Florida. A majority vote of the full Board shall be required to amend the Personnel Rules and Regula- tions or the Classification and Pay Plan. The Personnel Rules and Regulations for Collier County, Florida shall be adopted and may be amended pursuant to adequate public notice to all interested parties of subsequent additions or changes to said Rules and Regulations. The Rules and Regulations shall be submitted for adoption by resolution of the Board of County Com- missioners. The Rules and Regulations shall have the force and effect of law and may be amended in accordance with the procedures described above in Paragraph "A" of this Section. The Board of County Commissioners, Collier County, Florida shall adopt Rules and Regulations pursuant to this Ordinance which pro- vide for: The classification of all positions, based on duties, author- ity and rcs?onsibility of each position; with adequate pro- visions fat reclassification of any positions warranted by changed circumstances; 2. A pay plan for County Service positions; Announcement of position vacancies and acceptance of applica- tions for employment; Preparation and administration of competitive examinations, where considered appropriate by the Appointing Authority or Personnel Department; Filling vacancies on the basis of merit and without regard to political affiliation, race, religion, national origin, phy- sical handicap, age or sex, except where age, sex or lack of handicap is a bona fide occupational qualification; Establishment of a uniform probationary period to be served by all employees prior to final appointment or promotion; 7. Establishment of merit promotion policies and procedures; Transfer, demotion, and re-employment procedures; 9. Periodic performance evaluations of employees, including those in probationary periods; 10. Separation of employees from th~ County Service by resigna- tion, suspension, dismissal, layoff, or incapacity to perform required duties; Il. Complaint and appeal procedures; 12. Establishment of hours of work, holidays, vacations, leave regulations and procedures; 13. Regulation of outside employment of County employees; 14. Development of employee morale, safety and training programs; 15. Such other matters as may be necessary to carry out the intent and purpose of this Ordinance. SECTION 6. ORGANIZATION FOR PERSONNEL ADMINISTRATION The Board of County Commissioners - The Board of County Com- missioners is responsible for establishing policy in the admin- istration of the Personnel System for Collier Count),. The Board shall adopt and amend by resolution rules governing employees in the County Service. The County Manager - The County Manager shall appoint the Administrative Services Division Administrator. Co Administrative Services Division Administrator - Shall ap- point the Personnel Director and make recommendations to the Board of County Commissioners regarding Personnel administration for the County. The Personnel Director - The Personnel Director, under the general direction of the Administrative Services Division Adminis- trator, shall establish the uniform system of Personnel Administra- tion and implement programs of Personnel management, employee relations, employment compensation and benefits for County Service personnel. The Personnel Director is responsible for the sdmlnistration of the Collier County personnel system according to Lime approved Personnel Rules and Regulations and shall direct all of its administrative and technlcal activities, subject to review by either the Appoint- ing Authority or by any member of the Board of County Commissioners so authorized by majority vote of the Board. The Personnel Direc- tor may designate any staff member of the Personnel Department to assist in carrying out these activities. The Personnel Director's duties shall include, but not be limited roi the following: Administer the Personnel Rules and Regulations and issue operating instructions and interpretations of the Rules to employees, as needed; Publicize through appropriate channels, Job vacancies to be filled by initial appointment or by pro~otion and the required procedure for applying for same. Bevelop and administer such recruitment and examination programs where appropriate, as may be necessary to obtain an adequate supply of competent appli- cants to meet the needs of the County Service; Where appropriate, based on written or other examination, or other recruitment criteria, rate and rank candidates for initial appointment and for promotional vacancies and where appropriate, submit a list of best qualified eligibles to the County Manager, Appointing Authority or a Department Head for selection, in accordance with the Personnel Rules and Regula- tions. Develop and maintain a Comprehensive Job Classification Plan and make amendments to reflect the duties and responsibilities of each position on a current basis; Assure that all appointments made to p sitions in the County Service are made in accordance with the approved Personnel Rules and Regulations; Establish and maintain comprehensive personnel records for each employee of the County, including for each employee the class title of the position held, salary or pay rate, date of employment, and any other relevant data as may be deemed desirable or useful to produce significant factors pertaining to personnel administration; Prepare or cause to be prepared up-to-date job descriptions for all positions in the County Service, with copies main- tained and available in the Personnel Department; As time and resources permit, foster and develop programs for the improvement of employee effectiveness, including training, safety, health, welfare, supportive services and other appro- priate areas; Administer the Pay Plan, including the periodic study of wage and salary levels in the labor market, and make recommenda- tions to the Board of County Commissioners for amendments to the Pay Plan; lO. Monitor departmental rosters to determine that all persons have been properly appointed and are being paid in accordance with the approved Pay Plan; 11. Prepare and recommend to the Board of County Co~issioners such amendments to the Personnel Rules and Regulations as may be advisable to carry out the intent and purposes of merit principles in personnel administration. 12. Hake an annual report to the Board of County Commissioners regarding the status of the personnel administration program. The Personnel Director shall be responsible for the certification of the payroll vouchers that the persons in the County Service named therein have been employed in accordance with the provision of tilts Ordinance and the Rules and Regulations thereunder. Tile disbursing or auditing officer of Collier County, Florida, shall not make or approvb or take any part in making or approving any payment for personnel service to any person holding a position in the County Service of Collier County, Florida, unless said payroll voucher or account of such pay bears the certification of the Personnel Director. SECTION 7. INTERGOVERNHE~AL COOPERATION The Personnel Director, acting in behalf of the Board of County Commis- sioners, may cooperate with other governmental agencies charged with public personnel administration responsibilities in conducting or validating personnel tests, recruiting personnel, training personnel, and for the interchange of personnel and their benefits. SECTION 8. GENERAL CONDITIONS No persons shall make any false statements, certificate, mark, rating or report with regard to any provision of this Ordinance or in any manner commit or attempt to coaunlt any fraud preventing the impartial execution of this Ordinance and the County policies pursuant h~r~to. No person shall, directly or indirectly, give, render, pay, offer, solicit, or accept any money, service or other valuable considera- tion for any appointment, proposed appointment, promotion, or proposed promotion to, or any advantage in, a position in the Collier County Government Service. No employee of the Personnel Department, examiner, or other person shall defeat, deceive or obstruct any person'in his efforts to obtain appointment under this Ordinance, or furnish to any person any special or secret information for tile purpose of affecting the efforts or prospects of any person with respect to employment in tile Collier County Government Service. Nothing herein shall be construed to prohibit or discourage collec- tive I,argainil, g by the employees of the County Service. Employment with Collier County Government is "at will" employment. Nothing in this Ordinance or in the Personnel Rules and Regulations adopted pursuant to this Ordinance, shall be construed as creating an enforceable expectancy of continued employment or any property right in any aspect of employment. SECTION 9. EQUAL EHPLOYHENT OPPORTUNITY GUARANTEED Consistent with applicable Federal and State law, all applicants for positions and employees of Collier County shall be assured of fair and equitable treatment in all aspects of personnel administration without regard to political affiliation, race, color, national origin, physical handicap, sex, age or religious creed and with proper regard for their privacy and constitutional rights as citizens. SECTION 10. PENALTIES Any person who violates any provision of this Ordinance or of the Personnel Rules and Regulations established hereunder may be sub3ect to disciplinary action. Such action may include, but not be limited to: ^. Dismissal from Collier County Government Service. B. Suspension, demotion or other action considered appropriate. Any employee who has been subjected to disciplinary action and who has completed a probationary period shall have the right to appeal the action to the County Manager or appropriate Appointing Authority, whose decision shall be final. SECTION I1. CRI[I[NAI, PENALTIES Any person who knowingli violates this Ordinance shall bc guilty o[ a misdemeanor and may be punished as provided by law. SECTION 12. STATUS OF PRESENT EMPLOYEES Employees holding their present positions in the County Service herein for six (6) months or more immediately prior to the adoption of this Ordinance shall be considered permanent employees and shall be continued in their respective positions without further examination, until separa- ted from their positions. Those holding their positions in the County Service less than six (6) months immediately prior to the adoption of this Ordinance shall serve a probationary period as prescribed by the personnel policies. Time already spent in the position shall be credited toward completion of the probationary period. SECTION 13. RULES AND REGULATIONS The Board of County Commissioners shall approve Rules and Regulations to implement this Ordinance. Said Rules and Regulations shall be approved by the Board of County Co~issioners by resolution. SECTION 14. SEVERABILITY If any provision of this Ordinance or if any policy, or order thereunder of the application of such provisions to any person or circumstances shall be held invalid, the remainder of this Ordinance, and the applica- tion of such provision of this Ordinance or of such policy, or order to persons or circumstances other than those to which it is held invalid, shall not be affected thereby. SECTION 15. CONFLICT In the event there are any existing ordinances or parts of ordinances which are in conflict with this Ordinance, the provisions of this Ordi- nance shall prevail. SECTION 16. EFFECTIVE, DATE This Ordinance shall become effective as provided by law. ENACTED BY THE BOARD OF COUNTY COHMISSIONERS OF COLLIER COUNTY, FLORIDA this 1St day of March ,.1983 ATTEST: .WILLYA}I"J. REAGAN, CLERK RR/sgb/90-B 12/25/S1 BOARD OF COUNTY CO~ISSIO,~ERS COLLIER COUNTY, FLORIDA This ordinance filed with the Secretary of State's Office the 7th day of March, 1983 and acknowledgement of that filing received this 9th day of March, 1983. STATE OF FLORIDA COUNTY OF COLLIER I, WILLIAM .7. REAGAN, Clerk of Courts tn and for the Twentieth Judicial Circuit, Collier County, Florfda, do hereby certify that the foregoing ~s a true and correct copy " ORDINANCE NO. 83-7 which ,.,as adopted by the Board of County Commissioners during Regular Session the ist day of March 199~. W~TNESK my hand and the official seal oF the ~oard of County Comm~ssloners of Collier County, Florida, th!s 3rd day of "arch igC3. Clerk of Courts and C1 ~lu./'~' ~,. .~