Can oral or written reprimands be appealed
through Civil Service?
No. Although employees may write rebuttals to written reprimands for inclusion in their personnel files, only disciplinary actions that result in or include a loss of pay can be appealed through the Board.
If an employee does not agree with a probationary extension and does not sign the required consent form, what happens to the employee?
The employee is given an opportunity to explain to the Civil Service Board why he/she feels his/her probationary period should not be extended. If the Board votes in favor of the employee, the employing department can either accept the Board's recommendation or terminate the employee prior to the end of his/her probationary period.
If an individual leaves the City and is re-employed pursuant to Civil Service Rule 12, Sec. 12.4, does that individual have to serve the same length of probationary period as outlined in Civil Service Rule 9. Sec. 9.3?
Possibly. It depends on the Union contract which covers the affected job classification.
Does a probationary employee have any Civil Service rights?
Although anyone (employee or constituent) can request that the Board investigate a violation of the Rules under Rule 16.1, probationary employees have NO rights as it concerns their employment status.
If an employee holding probationary status in a higher class is desirous of requesting a return to a lower class in which he/she has held permanent Civil Service status, does he/she have to come before the Board to request a return? What would occur if the employee is permanent in their present class?
In accordance with Rule 9.4, either employee must request the return to the Employee Relations Director in writing. Probationary employees' requests are handled through the Employee Relations Department. To ensure that there is no coercion, Permanent employees will be scheduled to appear before the Board to effectuate the return.
Can a probationary period be extended without the department obtaining approval of the Board?
No, the department director must request and the Board must approve an extension of an employee's probationary period prior to the expected date of permanency.
Can a department seek a probationary extension after the expiration of the probationary period?
Is an individual who voluntarily resigns in good standing and is re-employed under Civil Service Rule 12, Sec. 12.4, entitled to previous seniority under any circumstances?
Yes. It has been the Civil Service Board's practice to grant previous seniority credit to employees for the purpose of taking promotional examinations only. Such seniority credit is not used to augment the test score.
Is tardiness covered under Civil Service Rules and Regulations?
No, this a contractual issue.
Does an employee who is promoted to the unclassified service accrue seniority credits in the Civil Service classification(s) he/she previously held?
Does an employee who resigns have any rights recognized under Civil Service status?
Do temporary employees accrue seniority rights in the class?
Do the provisions of union contracts supersede the Rules and Regulations of Civil Service?
Yes, where there is a conflict between the Rules and the applicable union agreement, the provisions of the agreement prevail.
Are managerial/confidential employees covered by the Rules?
Yes, if their job title is listed as a classified position.
How many days is the City required to grant requests for military training leave of absence?
The number of days allowed under current Federal and State Statutes.
Can a department director dismiss or suspend an employee on the spot without giving a written notice of disciplinary action?
Yes, however, the employee must receive written notice within five days of the incident.
What happens to an employee if the Civil Service Board finds him/her guilty of a charge made by a department?
The Board shall report, in writing, to the employee's attorney [or to the employee if there is no attorney] and the City Manager its findings and recommendations. The City Manager shall then sustain, reverse, or modify the action of the Department Director, which would be binding on the employee.
How do I request a copy of a taped recording of my hearing?
Contact the Civil Service Board Office at (305) 416-2020 for details.
What type of media are Civil Service Board meetings recorded on?
Effective June 7, 2005, the Civil Service Board Office discontinued recording its meetings on audio cassette tapes. We record all meetings on compact discs (CDs) and will be able to provide copies on CDs. Currently, you can only use a computer to playback our recorded meetings. Instructions for installing the software onto your computer are provided along with the CD for your convenience. The cost per disc is $15.
Can a supervisor or Assistant Director of a department take disciplinary action against an employee under the rules?
No, they can only recommend discipline. Only the City Manager and the Department Director can take disciplinary action against an employee. The recommendation, which references the incident or behavior warranting the discipline, and includes any appeal rights, can be prepared by the supervisor or Assistant Director. The employee must be furnished a written statement of the reasons for the discipline within 5 days from the date of the incident.
Do employees have rights to re-employment under Civil Service Rule 12, Sec. 12.4?
Not exactly. The Board grants that an employee's name be certified in accordance with the Rules, along with others on the Eligible Register. The employing department is not obligated to re-employ a former employee, but only to consider him/her along with others on the certification list.
Does an employee, who holds probationary status in a promotional class, have appeal rights in the higher class?
Does the Civil Service Board retain jurisdiction over pay matters?
No. While the Board can make recommendations that affect pay, Administrative Policy 5-78 outlines the City of Miami's pay policy.
Does a department have the authority to dismiss an employee under the rules when said employee has been deemed physically incapacitated to perform the duties of his/her classification?
Yes, in accordance with Rule 14.9, Physical Incapacitation.
What happens if an employee resigns before the appeal hearing has been heard by the Board?
In accordance with Rule 14.6, acceptance of the employee's resignation is considered a withdrawal of the charges and the proceedings shall be dismissed without judgment. A copy of the charge; however, remains in the employee's personnel file, along with documentation from the Board that the proceedings were dismissed due to the employee's resignation.
If an employee is subpoenaed to testify before the Civil Service Board, can the department director refuse to grant him/her leave time?
What happens if a permanent employee is rated Unsatisfactory during a rating period?
Any permanent employee who receives an unsatisfactory will be called before the Civil Service Board for a hearing to present evidence why he/she should not be dismissed, suspended, or demoted. The Board's decision in an unsatisfactory service rating hearing is final.
What other matters can the Civil Service Board investigate?
In addition to violations of the Civil Service Rules, the Board may investigate Whistleblower complaints filed in accordance with Florida Statutes; abuse of power charges levied at department directors and violations of prohibited practices, as indicated in Rule 17.