Civil Service Board Rules & Act

This act may be cited as the “Civil Service Act of 2000.”

Definitions as used in this act: 

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1. “Appointing authority” means any person or agency authorized under this act or other statutory authority to employ personnel to carry out the responsibilities of the agency. 

• “Appointment” means selection by an appointing authority of a certified eligible person to perform assigned duties and responsibilities in a specified position in the classified service. 

• “Benefits plan” means a schedule of employment benefits to include all leave and holidays. 

• “Board” means the county Civil Service Board. 

• “Budget authority” means any agency or authority to which this act applies, and which is empowered to develop and adopt its budget without approval by any other agency or authority. 

• “Certification” means the process of providing the names of those eligible for a class of positions to be considered in filling a vacancy. 

• “Certified employment list” means employment eligibility lists and promotion eligibility lists. 

• “Civil Service” means that part of the employment system within Hillsborough County to which this act is applicable pursuant to section 4. 

• “Classified employee” means an employee whose position is subject to the rights contained in this act and in rules adopted by the board.

• “Class of positions / classifications” means all positions that are sufficiently similar as to kind or subject matter of work, level of difficulty or responsibilities, and qualification requirements of the work to warrant the same treatment as to title, pay range, and other personnel transactions.

• “Classification plan” means a document that formally describes the concepts, rules, and class specifications used in the classification and reclassification of positions in the classified service. 

• “Commission” means the board of county commissioners of the county. 

• “County” means Hillsborough County, Florida.

• “Demotion” means moving an employee from a position in one class to a position in another class having less responsibility and lower pay grade. 

• “Dismissal” means the discharge of an employee from the service by the appointing authority. 

• “Executive manager” means a position so designated by any appointing authority. The identifying characteristics of an executive manager position are:
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1. Having primary responsibility for the administration of a department or division that is major in scope in terms of a countywide program except as may be limited by municipal programs.

• Being entrusted with developmental and confidential information and high-level responsibility for:
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1.  Program research, development, implementation, and monitorship

• Formulation of policies

• Day-to-day operations, administration, and departmental or divisional decision making

• “Exempt employee” which may be used interchangeably with an “unclassified employee” and means an employee whose position is subject to any rights provided by the employee’s appointing authority and who is enumerated in section 6(2).

• “Grievance” means any dispute or disagreement between an employee and management involving wages, hours of work, or conditions of employment.

• “Initial probationary period” means a period of six months of conditional employment in the same position, which may be extended for an additional six months during which time an employee may be dismissed without appeal to the board.

• “Leave” means absence of a classified employee from employment authorized by the appointing authority in accordance with rules adopted by the board.

• “Part-time employee” means an employee who works less than 50 percent of the normal work period.

• “Pay plan” means a document containing one or more salary schedules.

• “Promotion” means moving an employee from a position in one class to a position in another class having a greater degree of responsibility and a higher pay grade.

• “Reduction in force” means dismissal, for reasons including, but not limited to, shortage of funds, abolition of a position, or material changes in job duties or organizational structure in accordance with rules adopted by the board.

• “Reemployment” means appointment of a person who was dismissed due to reduction in force in accordance with rules adopted by the board.

• “Resignation” means that an employee voluntarily elects to terminate the employee’s employment.

• “Salary schedule” means a document which is adopted by the annual budget process or which is established by a collective bargaining or impasse procedure. Salary schedules must be adopted or established by any budget authority for those employees whose positions it funds and who are subject to the terms of this act. A salary schedule must include the salary range and a minimum and a maximum rate of pay and any intermediate points within a salary range.

• “Substitute employee” means an employee who is temporarily employed to fill the position of a permanently employed person who is on approved leave. A substitute employee may not fill any given position for a period exceeding 120 calendar days after the first day of appointment by the appointing authority.

• “Suspension” means the removal of an employee from the service for a temporary period.

• “Temporary employee” means an employee whose employment is not intended to exceed 120 calendar days after the first day of appointment by the appointing authority.

• “Tenure” means a status granted after successful completion of an initial probationary period, entitling the employee to all rights and protections provided in this act.

• “Transfer” means the change of an employee from one position to another position.

1. There is created in the county a board known as the Hillsborough County Civil Service Board. The board shall consist of seven members who are qualified electors of the county; however, no person may be appointed to serve who is either an elected official or an employee of any appointing authority. Each appointment, except one made to fill an unexpired term, shall be for a period of four years. Each member shall continue to serve until the expiration of that member’s term and until a successor has been appointed. The absence of a board member from more than 50 percent of the board’s scheduled meetings during any calendar year constitutes his or her resignation. Upon death, resignation, or removal of a member, a successor shall be appointed for the unexpired portion of that member’s term. All appointments shall be made by the governor, subject to confirmation by the senate. Members shall serve without compensation but may be reimbursed for certain expenses as provided in this act. The clerk of the circuit court shall serve as secretary ex officio and is not entitled to any salary or additional compensation for that service.

• The board shall:
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1. Conduct the business of the district, including establishing an annual budget.

• Encumber and expend the funds appropriated for the purposes of this act, utilizing the policies and practices of the departments under the commission.

• Adopt and amend rules for the uniform administration of this act following a minimum of 30 days’ notice of the proposed rule to each appointing authority.

• Meet at least once every two months to properly handle its business in accordance with the intent and purposes of this act, which meetings shall be open to the public in accordance with general law.

• Adopt written bylaws for its internal governance, including the election of a chair and vice chair, and written standard operating procedures for its internal operations as may be required.

• Employ, discipline, and terminate a director and such other personnel as necessary to carry out the purposes of this act and within the scope of its budget. The director must meet the following minimum qualifications: graduation from an accredited four-year college or university with completion of a major course of study in business administration, public administration, psychology, or a related field; and at least five years of progressively responsible personnel experience, including three years in a responsible supervisory position. The director should possess broad knowledge of all aspects of personnel management. The director shall perform duties required by the board.

• Employ, discipline, and terminate or contract for legal counsel as may be needed and within the scope of its budget.

• Offer its employees the same benefits, which must include a retirement plan and life and health insurance plans and may include such other options as cafeteria-style health care provisions and one or more deferred income plans, as the commission offers its employees and under the same terms and conditions as provided by general law or policy of the commission.

• Authorize any of its employees to attend conferences and travel on behalf of the board and reimburse those employees for conference costs and travel and per diem expenses in accordance with general law.

• Upon submission of appropriate documentation and upon request, reimburse any member of the board for per diem and mileage in connection with the performance of his or her official duties and in accordance with general law.

• Deputize and designate, in any agency containing more than 500 classified positions, the person in charge of personnel in that agency as the agent for the board who shall perform duties delegated by the board.

• Ascertain and record the qualifications, duties, and responsibilities appertaining to all positions in the classified service and classify such positions in accordance with the requirements contained in this act.

• Recruit personnel for all classified positions, determine the qualifications of persons who seek employment in any class or position, and, as a result, establish certified employment lists for the classes of positions.

• Establish a system for evaluation of performance.

• Adopt classification, benefit, and pay plans for classified positions as provided in this act.

• Establish guidelines for leave without prior board approval for up to a period of 12 months. An extension may be granted by the appointing authority only if said appointing authority certifies to the board before the expiration of the initial period that the extension is not an avoidance of the duty to properly fill a classified position.

• Establish and maintain a roster of classified employees, including appointments, resignations, promotions, and transfers.

• Make investigations concerning the enforcement and effect of this act and require observance of the provisions and rules adopted under it.

• Establish provisions and procedures for employee grievances, including appeals to the board. Such procedures may provide for appeals to be heard by three-member panels of the board.

• Hear and determine appeals from disciplinary actions as provided in this act.

• Establish a procedure for reductions in force and a method for reemployment.

• Keep records necessary for the proper administration of this act and make copies of those records available upon request in accordance with general law except those which may be exempt pursuant to general law.

• Make an annual report to be distributed to all appointing authorities.

• Contract for performance audits as may be required by law.

• Perform all other acts as may be necessary to accomplish the purposes of this act.

1. Each appointing authority shall promptly report to the board its intention to establish any new position that may be classified, and the board shall respond in accordance with the provisions of this act.

• Whenever a position in the classified service becomes vacant, the appointing authority may ask the board for the appropriate eligibility list. All classified appointments shall be made from persons certified by the board as eligible. Appointments shall be regarded as taking effect upon the date the person selected reports for duty.

• A temporary employee, as defined in Section 5, need not be on a certified eligibility list but must meet minimum qualifications for the classification of the position to which appointed. An appointing authority may make any temporary appointment without board approval; however, the board must be promptly notified of any such appointment. One extension of not more than 120 calendar days may be granted by certification to the board before the expiration of the initial 120-calendar-day appointment by the appointing authority as not being an avoidance of the duty to properly fill a valid classified position. Any further extension must receive the prior approval of the board.

• A substitute employee, as defined in Section 5, need not be on a certified eligibility list but must meet minimum qualifications for the classification of the position to which appointed.

• A written report shall be given immediately to the board and to each affected employee by each appointing authority of all appointments, reinstatements, vacancies, absences, or other matters affecting the status of positions or the performance of duties of officers or employees in the classified service. Such notices shall be prepared in the manner and form prescribed by the board.

• A position in the classified service may not be abolished without the approval of the board. Positions may be abolished only in good faith.

1. Any nontenured employee in the classified service may be suspended, demoted, or dismissed for any reason.

• Any appointing authority may suspend, demote, or dismiss a tenured employee following written notice to the employee of the intended action, detailing the reasons therefor and providing an opportunity to respond thereto at an informal pre-disciplinary hearing scheduled for that purpose. The hearing must be scheduled no sooner than 5 working days after the date of notice of intent to discipline unless the employee waives this time and requests an earlier hearing. If the final decision is to discipline, the appointing authority must provide written notice to the employee as soon as possible following the hearing.

• Any employee may be suspended immediately, with or without pay and without the benefit of advance written notice, upon determination by the appointing authority that such suspension is in the best interest of the county. The appointing authority must provide written notice to the employee as soon as possible and give the employee the opportunity to be heard as required in subsection (2).

• Any employee who has satisfactorily completed the initial probationary period and is thereafter suspended, demoted, or dismissed from employment may request a hearing to appeal that disciplinary action by making a written request to the board within 10 calendar days after the official date of receipt of the final notice to discipline. The request for an appeal hearing must state clearly and simply the reason or reasons the employee believes the disciplinary action was not justified and must be received by the board within the 10-day limit, and the board must send a copy to the affected appointing authority within 3 working days after receipt thereof.

• The board may reverse the appointing authority’s decision and restore the employee to that employee’s former status only if it finds that the suspension, demotion, or dismissal was made for a reason other than just cause. The director, or a member of the board on behalf of the board, shall provide a letter to the affected parties within 10 days after the appeal hearing, setting forth its findings and conclusions and the specific reasons therefor.

Any employee holding a position within the Administrative Office of the Courts which was classified as of January 1, 1998, and which is funded by the county may request a hearing to review such dismissal, demotion, or suspension action by making a written request to the board within 10 calendar days after the official date of receipt of the final notice of the action. The request for a hearing must state clearly and simply the reason such employee believes the action was not justified. The board shall send a copy of any employees’ request for hearing to the court administrator within three working days after receipt. The practice and procedure of the board with respect to a review hearing authorized in this section shall be in accordance with adopted rules. If the board finds that such court employees’ dismissal, demotion, or suspension was for a reason other than just cause, it may recommend to the chief judge that such employee be restored to that employees’ former status. Such recommendation is not binding on the chief judge.

The commission shall appropriate to the board annually a sum of money equal to not less than sixty-five hundredths of one percent of the classified personnel payroll of the fiscal year just ended to enable the board to properly carry out the purposes of this act. It is the duty of the authorities having charge of the public buildings of such county to allow the reasonable use of public buildings and rooms for the holding of any activity of the board provided for by this act and to provide quarters for the use of the board.

A salary, wage, or compensation for services may not be provided to any person in the classified service except upon certification by the board or its agent that the position has been classified as required by this act and rules adopted pursuant thereto and that the incumbent in the position has been duly qualified and properly appointed. Any individual who in good faith accepts an appointment contrary to this act and becomes entitled to compensation therefor has a cause of action against the appointing authority for recovery of salary or other compensation due. The board may provide for the regular or occasional audit of payrolls to enforce this provision.

No subordinate personnel need resign upon qualifying for any compensated, elected public office unless such individual is seeking to qualify for a public office which is currently held by an individual who has the authority to appoint, employ, promote, or otherwise supervise that subordinate personnel and who has qualified as a candidate for reelection to that public office. No subordinate personnel of the county administrator need resign upon qualifying for any compensated, elected public office unless such individual is seeking to qualify for a position on the commission in which the incumbent has qualified as a candidate for reelection. However, any such personnel shall take a leave of absence without pay from public employment during the period in which the person is seeking election to public office. A classified employee may serve in an elected public office if service in such elected office does not conflict with the performance of the employee’s duties in the classified service or present a conflict of interest between the elected office and the classified position. If a classified employee is elected, the appointing authority where that employee is employed shall determine whether the employee’s service in public office conflicts with the performance of his or her duties with the appointing authority. If the employee disagrees with any finding that relates to a conflict with the performance of duties, the employee may file a grievance or appeal under the applicable processes.

Any willful violation of this act is declared to be a criminal offense and misdemeanor as defined in s775.08(2), Florida Statutes, shall be punishable as provided by general law.

If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared severable.