§ 94-32. Personnel board.

(a)

Appointment, size, term and removal. The Pinellas County personnel board shall consist of seven members appointed as follows: Two members shall be appointed by the board of county commissioners; two members shall be appointed by the clerk of the circuit court, property appraiser and supervisor of elections as a body; and two members shall be appointed by the employee advisory council. These six members shall appoint the seventh member. Board members shall serve overlapping two-year terms. In the case of a person selected to fill a vacancy existing prior to the expiration of a term, selection shall be made in the same manner as for his predecessor and shall be for the remainder of the unexpired term. In the event any vacancy is not appointed as herein provided, then the remaining board members may fill such vacancy on an interim basis after due notice to the clerk of the circuit court, property appraiser, supervisor of elections, the board of county commissioners and the employee advisory council, with such action taken at a public meeting. Board members may be removed by unanimous vote of the remaining members of the board for cause, which shall be defined in the board's rules.

(b)

Qualifications of board members. All members of the personnel board shall be at least 18 years of age; of good moral character; of good reputation in the community; a citizen of the United States; permanent resident of Florida; permanent resident of Pinellas County for at least two years prior to the date of his appointment. No member may be an employee of any entity of county government in Pinellas County or a member of any national, state or county committee of a political party, or may hold or be a candidate for any paid public office. No member may serve who is the spouse, parent or grandparent, child or grandchild, brother or sister, aunt or uncle, niece or nephew, by consanguinity or affinity or [of] a member of the classified service or of any officer who elects that his employees shall come under the provisions of the act establishing this personnel system. No member may have a conflict of interest in terms of his related business, duties or responsibilities in connection with the board.

(c)

Compensation of board members. Board members shall be compensated at a rate determined by the board of county commissioners, upon the recommendation of the county administrator, clerk of the circuit court, property appraiser and supervisor of elections as a body, to defray expenses connected with serving on the personnel board.

(d)

Duties of the personnel board. It shall be the duty of the personnel board to:

(1)

Adopt and amend rules and regulations for the administration of this article, which rules shall provide:

a.

For the preparation, maintenance and revision of a position classification for all positions in the classified service, based upon similarity of duties performed and responsibilities assumed, so that the same qualifications may reasonably be required for the same schedule of pay [and] may be equitably applied to all positions in the same class. An employee affected by the allocation or reallocation of a position to a class shall, after filing with the director of personnel a written request for consideration thereof in such a manner and form as the director may prescribe, be given a reasonable opportunity to be heard thereon.

b.

For the establishment of a plan for resolving employee grievances and complaints.

c.

For the establishment of disciplinary measures such as suspension, demotion in rank or grade or discharge. Such measures shall provide for presentation of charges, hearing rights and appeals for all permanent employees in the classified service.

d.

For the certification to the appointing authority of the names of persons who are categorized as qualified to fill a vacancy. The appointing authority shall have the right of selection from among persons certified as qualified.

e.

For the establishment and maintenance of lists of eligibles for appointment and promotion, upon which lists shall be placed the names of successful candidates.

f.

For promotions by the appointing authorities, which shall give appropriate consideration to the applicant's qualifications, record of performance and ability.

g.

For, upon appointment or promotion by the appointing authorities, a period of employee probation prior to permanent appointment, not to exceed one year.

h.

For temporary employment by the appointing authorities for not more than six months; such temporary employment may be continued for an additional six months with the approval of the personnel board.

i.

For provisional employment by the appointing authorities without competitive examination where there is no appropriate eligible register available. No such provisional employment shall continue longer than six months.

j.

For the establishment of programs, including trainee programs, designed to attract and utilize persons with minimal qualifications, but with potential for development in order to provide career development opportunities among members of disadvantaged persons, handicapped persons, and returning veterans. Such programs may provide for permanent appointment by the appointing authorities upon the satisfactory completion of the training period without further examination.

k.

For keeping records of performance of all employees in the classified service, which performance records shall be considered by the appointing authorities in determining salary increments or increased for meritorious services; as a factor in promotions; as a factor in determining the order of layoffs because of lack of funds or work and in reinstatements; and as a factor in demotions, discharges and transfers.

l.

For layoffs by the appointing authorities by reason of lack of funds or work, or abolition of a position, or material change in duties or organization and for reemployment of employees so laid off.

(2)

Make investigations concerning the enforcement effect of this article and to require observance of its provisions and the rules and regulations made thereunder.

(3)

Hear and determine appeals and complaints respecting administration of this article.

(e)

Authority of the personnel board. The personnel board shall be the final authority in all matters relating to personnel policy and personnel actions for offices, agencies and employees subject to the provisions of this article. The findings of the board shall be binding on all parties concerned and the board at its election may apply to the circuit court of Pinellas County for injunctive relief to enforce the terms of its decisions.

(f)

Personnel board actions. An affirmative vote of five members of the personnel board shall be required to abolish or establish a personnel rule or regulation.

(g)

Election of the chairman and vice-chairman. At its first meeting, and annually thereafter at its first regular meeting in January, the personnel board shall elect one of its members to serve as chairman and one of its members to serve as vice-chairman.

(Laws of Fla. ch. 77-642, § 2)

Cross reference

Boards, commissions, councils and authorities, § 2-226 et seq.