§ 86-40. Responsibility for administration.

(a)

County council. The county council shall adopt and amend this article. A two-thirds vote of the full council shall be required to amend this article.

(b)

County manager. The county manager shall:

(1)

Be responsible for administration and maintenance of this article in conjunction with the human resources director.

(2)

Appoint and remove all subordinate officers and employees of any department, subject to the provisions of this article, excepting attorneys and Volusia Growth Management Commission administrative staff. The county manager by agreement may delegate such authority to the Seventh Judicial Circuit of Florida for county employees whose work is overseen by the judiciary. The county manager may designate department directors or certain division directors as appointing authorities. Notwithstanding such designation, the county manager retains authority to discipline and separate any county employee of any department other than attorneys, Volusia Growth Management Commission administrative staff, and employees subject to the delegation agreement provided for herein, even if a department or division director has chosen not to do so. Nothing herein shall authorize the county manager to select, appoint, retain, promote, discipline, or separate deputy or assistant county attorneys, the responsibility for which actions is that of the county attorney.

(3)

Make the final decisions regarding acceptance, rejection or modification of advisory opinion received from the personnel board.

(4)

Issue administrative regulations in the form of bulletins and memoranda not inconsistent with state and federal law, the Charter or ordinances of the county, adopting employment related policies and procedures.

(5)

Perform such other duties and have exercise such other powers in personnel administration as may be prescribed by law or this article.

(c)

Human resources director. To fulfill the provisions of Charter sections 1004.1 and 1004.2, the county manager shall appoint a human resources director. The human resources director shall be responsible for the administration and technical direction of the merit system. The human resources director shall be chosen on the basis of professional training and experience in personnel administration; and shall be appointed in the same manner as the directors of other county divisions. The human resources director shall:

(1)

Administer this article and issue operating instructions and procedures and interpretations of this article as deemed necessary and appropriate.

(2)

Develop and administer such recruitment and examination programs as may be necessary and appropriate to obtain an adequate supply of qualified applicants to meet the needs of the county government.

(3)

Prepare and maintain a position classification plan that reflects on a current basis the proper classification of all positions.

(4)

Prepare and maintain a compensation plan that maintains county salary levels in a favorable competitive position in the relevant labor markets.

(5)

Prepare and recommend such amendments to this article as may be advisable to carry out the intent and purposes of a merit system of personnel administration.

(6)

Audit all payrolls and payroll changes, direct any corrective actions necessary and certify the correctness of each payroll.

(7)

Establish and maintain a roster of all employees in the county service.

(8)

Develop and direct employee orientation, training, counseling and career development in conjunction with department directors for the purpose of improving the quality of services rendered to the citizenry and of aiding employees to equip themselves for advancement in the county service.

(9)

Develop, maintain and supervise personnel systems, forms, procedures and methods of recordkeeping.

(10)

Certify to the propriety of appointments, promotions, demotions, discipline, dismissals and other personnel actions.

(11)

Administer an employee performance evaluation system for both probationary period and periodic reviews.

(12)

Administer the employee health, life and disability and other insurance programs and the worker's compensation plan.

(13)

Act as secretary and provide staff support to the personnel board.

(14)

Implement and maintain any affirmative action plan which may be adopted to ensure equal employment opportunity.

(15)

Submit an annual written report to the county manager covering the accomplishments of the human resources division in recruitment, classification and other major areas of personnel administration during the preceding fiscal year.

(16)

Perform such other duties and activities with reference to personnel administration not inconsistent with the county Charter or this article, as may be necessary or desirable to carry out the purpose of this article, as the county manager may direct, or as may be required by ordinance.

(d)

Department directors. Subject to other provisions of this article and upon the prior written approval of the human resources director, department directors shall have the responsibility to select, retain, transfer, and promote subordinates. Department directors may discipline and separate subordinates only after obtaining the prior written approval of the human resources director and the legal department. Department directors are expected to effectively supervise and to report on the efficiency and performance of their subordinates. Department directors must obtain the prior approval of the human resources director for changes in duties and for any salary increases of subordinates. Department directors shall recommend desirable changes in the personnel policies and procedures to the human resources director to improve administration of the personnel system. With the prior written approval of the human resources director and the legal department, department directors may establish such rules as deemed necessary for the efficient and orderly administration of their departments. Such rules must be on file in the human resources division before they become effective and must be consistent with this article. Copies of department rules must be made available for use by employees.

(e)

Employees. It shall be the responsibility of all employees to thoroughly acquaint themselves with the provisions of this article and the rules of the department within which they are employed. Employees are expected to conduct themselves at all times in such a way as to effectively and efficiently carry out their responsibilities to the department, the county and to the public. Employees are encouraged to submit suggestions for changes and improvements in personnel policies and procedures for improvement of the personnel system.

(f)

Personnel board.

(1)

Appointment and removal of members. There shall be a personnel board consisting of five members who shall be appointed by the county council. The personnel board shall designate its own chairman and vice-chairman at least every two years. Members of the personnel board shall serve for a term of six years. Vacancies in an unexpired term shall be filled by the county council by appointment for the remainder of the term. A member of the personnel board may be removed by a two-thirds vote of the county council, only for cause and after being given a written statement of the charges and a public hearing thereon before the county council if so requested.

(2)

Terms. The terms of members shall begin January 1 of an even year and conclude December 31 of the third following odd year. Two members shall have a term which ends December 31, 2017, and each six years thereafter; one member shall have a term which ends December 31, 2019, and each six years thereafter; and two members shall have a term which ends December 31, 2021, and each six years thereafter.

(3)

Qualifications of members. Each member of the personnel board shall be a qualified elector of the county, shall be known to be in sympathy with merit principles and a merit system of personnel administration, shall neither hold nor be a candidate for any public office or employment, and shall not be a member of any local, state or national committee of a political party or an officer in any partisan political club or organization.

(4)

Powers and duties. The principal functions of the personnel board are to serve in an advisory capacity in the administration of the merit system of personnel administration and to act as an independent forum in the hearing of adverse action appeals. The personnel board shall:

a.

Advise and counsel the county manager on aspects of personnel administration as requested.

b.

Advise and assist the human resources director in fostering improvement of personnel administration.

c.

Represent the public interest in the improvement of personnel administration in the county service.

d.

Hear appeals in cases of any regular status employee involving dismissals, demotions, suspensions or reductions in pay (adverse actions).

e.

Render advisory opinions to the county manager and the human resources director on personnel matters brought before the personnel board.

f.

Make inquiries and investigations as necessary concerning personnel administration in the county service and make recommendations with respect thereto.

g.

Make annual reports and such special reports to the county council, the county manager or the human resources director as it considers desirable concerning personnel administration in the county service.

h.

Meet at such times and places as shall be specified by call of the chairman of the personnel board.

The board and any member of the board shall have the power to administer oaths and call witnesses, and may, with the approval of the county manager, compel the production of books, records and papers pertinent to any investigation or hearing authorized by this article. Any person who shall fail to appear or to answer any question or produce any books or papers pertinent to any such investigation or hearing or who shall knowingly give false testimony therein shall be guilty of an offense and punishable as provided this article.

(Ord. No. 81-19, § 1.07, 9-3-81; Ord. No. 2016-11, § I, 5-19-16; Ord. No. 2016-20, § I, 12-15-16; Ord. No. 2017-15, § I, 8-3-17; Ord. No. 2017-27, § I, 11-16-17; Ord. No. 2018-16, § I, 12-4-18)

Charter reference

Personnel board, § 1003 et seq.; personnel director, § 1004 et seq.