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Agenda Committee of the Whole Workshop Board Of AGENDA COMMITTEE OF THE WHOLE WORKSHOP BOARD OF COUNTY COMMISSIONERS Board Chambers Suite 100 Ernie Lee Magaha Government Building - First Floor 221 Palafox Place March 12, 2020 9:00 a.m. Escambia County is committed to making our website accessible. If you use assistive technology, for example a screen reader, and have difficulty accessing information in this agenda online, please contact our ADA Coordinator at [email protected] or 850-595-1637. Notice: This meeting is televised live on ECTV and recorded for rebroadcast on the same channel. Refer to your cable provider's channel lineup to find ECTV. 1. Call to Order (PLEASE TURN YOUR CELL PHONE TO THE SILENCE OR OFF SETTING.) 2. Was the meeting properly advertised? 3. Florida Department of Health in Escambia County COVID-19 Update (Dr. Lanza/Eric Gilmore - 30 min) A. Board Discussion B. Board Direction 4. Merit System Protection Board and Unlawful Harassment Policy (Alison Rogers/Janice Gilley - 30 min) A. Board Discussion B. Board Direction 5. P3 Proposal and Needs Analysis (Alison Rogers/Janice Gilley - 30 min) A. Board Discussion B. Board Direction 6. Adjourn Committee of the Whole 3. Meeting Date: 03/12/2020 Issue: Florida Department of Health in Escambia County COVID-19 Update From: Janice Gilley, County Administrator Information Recommendation: Florida Department of Health in Escambia County COVID-19 Update (Dr. Lanza/Eric Gilmore - 30 min) A. Board Discussion B. Board Direction Attachments No file(s) attached. Committee of the Whole 4. Meeting Date: 03/12/2020 Issue: Merit System Protection Board and Unlawful Harassment Policy From: Janice Gilley, County Administrator Information Recommendation: Merit System Protection Board and Unlawful Harassment Policy (Alison Rogers/Janice Gilley - 30 min) A. Board Discussion B. Board Direction Attachments Ordinance 2005 Ordinance 2008 Ordinance 2012 Escambia County Clerk’s Original 6/E/o5 543 ORDINANCE 2005- 38 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF ESCAMBIA COUNTY, FLORIDA CREATING CHAPTER 2, ARTICLE V, DIVISION 1, SECTIONS 2-204 THROUGH 2-210 OF THE CODE OF ORDINANCES OF ESCAMBIA COUNTY ESTABLISHING A MERIT SYSTEM PROTECTION BOARD IN ESCAMBIA COUNTY; PROVIDING FOR SHORT TITLE; PROVIDING FOR BOARD ESTABLISHMENT AND POWERS; PROVIDING FOR INTERIM EXECUTIVE DIRECTOR, BOARD SECRETARY, AND BOARD ATTORNEY; PROVIDING FOR SELECTION AND TERMS OF BOARD MEMBERS; PROVIDING FOR BOARD FACILITIES; a PROVIDING FOR BOARD FUNDING; PROVIDING FOR L; APPEALS; PROVIDING FOR SEVERABILITY; m PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature has abolished, effective October 1, 2005, the Escambia County Civil Service Board; and WHEREAS, each of the Appointing Authorities will be performing its own Human Resource functions; and WHEREAS, because the Board of County Commissioners finds that an independent board to hear appeals of classified employees is necessary to ensure compliance with federal, state, and local law, the Board of County Commissioners hereby creates the Escambia County Merit System Protection Board (herein referred to as “MSPB”) to provide a fair and equitable mechanism for the expeditious review of appeals and grievances or the classified employees of the County before a non-partisan deliberative body; and WHEREAS, the Board of County Commissioners finds that the creation of such Merit System Protection Board will institute a systematic and orderly method for redress of such employee appeals; and WHEREAS, as a result, the Board of County Commissioners has determined that it is now in the best interest of the health, safety, and welfare of the County that this ordinance now 1 be enacted. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ESCAMBIA COUNTY, FLORIDA: Section 1. Chapter 2, Article V, Division 1, Section 2-204 of the Code of Ordinances of Escambia County, Florida is hereby created to read as follows: Sec. 2-204. Short title. This ordinance shall be known as “The Merit System Protection Board of Escambia County, Florida Ordinance” and may be cited as such, and will be referred to herein as “this article”. Section 2. Chapter 2, Article V, Division 1, Section 2-205 of the Code of Ordinances of Escambia County, Florida ishereby created to read as follows: Sec. 2-205. Board establishment and powers. (a) Establishment. This article is enacted by the Board of County Commissioners under the authority of Article VIII, Section 1 (0 of the Florida Constitution and Section 125.01, Florida Statutes with the express intent to implement an effective, systematic, and orderly method for the fair and equitable redress of County classified employee appeals through the establishment of the Escambia County Merit System Protection Board. Powers. The Merit System Protection Board shall: 1. Abide by the MSPB Rules and Procedures as adopted by the MSPB. The Board of County Commissioners shall enact such Interim Rules and Procedures for the MSPB as it deems necessary and proper for the administration of the Board until such time as the MSPB enacts its permanent official Rules and Procedures. 2. Have the authority to employ and discharge any employee or contractor(s) on the MSPB staff. Any such decision will be by majority vote ofthe MSPB. 2 3. Select a staff that will include: One (1) part-time Executive Director (unclassified - 30 hours per week); and One (1) full-time Board Secretary (unclassified - 40 hours per week); and One (1) part-time Board Attorney (contract - one year renewable). 4. Abide by the classification, pay ranges, pay increases, recruitment, conditional job offers (CJO), and personnel support for these positions, which shall be exclusively developed and managed by the Servicing Personnel Office of the Board of County Commissioners and thereafter submitted to the participating Appointing Authorities for approval. 5. Be responsible for development of the rules and procedures and administrative policies ofthe MSPB. 6. Consult with the Human Resources Director of the Board of County Commissioners and request assistance for any personnel administrative support services for MSPB employees as may be required by the MSPB, e.g., recruitment, benefits, pay administration, salary surveys, etc. 7. Conduct quasi-judicial hearings involving involuntary demotions, suspensions without pay, reductions in force involving reduction in pay or termination, terminations, or violations of Merit System principles upon timely request of any classified employee who has successfully completed the required initial probationary period. Such hearings are to be conducted in accordance with the Merit System Protection Board Rules and Procedures of Escambia County, which shall be promulgated as policy by the MSPB. 8. Conduct quasi-judicial hearings and render administrative decisions for the participating Appointing Authorities to determine whether or not to uphold the appealed disciplinary action of any eligible employee ofthat Appointing Authority. a. The MSPB shall determine whether the participating Appointing Authority, Department Director, or other officer whose disciplinary action is being appealed had authority to exercise such action and did legally exercise such action for cause within the Rules and Procedures of the Escambia County Merit System Protection Board and the policies and procedures ofthe participating Appointing Authorities. b. If so found, the MSPB shall affirm the disciplinary action. 3 c. In the event that the MSPB finds that the action appealed is contrary to the policies and procedures of the participating Appointing Authority and is not supported by the preponderance of the evidence, the MSPB shall reverse such disciplinary action, and shall restore all pay and benefits lost as a result of such disciplinary action. The MSPB shall not modify the terms and conditions of said action of the agency officer or participating Appointing Authority. d. The Board may ratify any mediated agreement between an Appointing Authority and its employee disposing of an appeal. 9. Recommend merit system principle violation, corrective action, or other disciplinary action to the respective Appointing Authority for an appeal’s disposition. 10. Submit annual reports to the Board of County Commissioners and the participating Appointing Authorities concerning the finances, transactions, issues, caseloads, and business of the Merit System Protection Board. 11. Conduct or direct investigations when requested to do so by the participating Appointing Authorities on matters pertaining to classified employees. 12. .Enter into any agreement or contract with the Federal Government or the State of Florida, or any agency or political subdivision of either, for the purpose ofcarrying out, or which in the judgment of the Board of County Commissioners may assist them in carryng out, the powers herein granted, or any ofthem. 13. Make all contracts, enter into all leases, execute all instruments, and do all things necessary, desirable or convenient to carry out the powers, dutics, and purposes hcrcin granted. 14. Sue and be sued in the name of the MSPB. A change in persons composing the MSPB shall not abate the suit, but it shall proceed as if had such change not taken place. 15. Subpoena witnesses and evidence to hearings and take testimony under oath from all persons appearing before the MSPB. Ethics. The members ofMSPB shall be subject to Part 111, ofChapter 112, Florida 4 Statutes, “the Code of Ethics for Public Officers and Employees” of the State of Florida. 1. To avoid
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