FR.1 - AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 40/ARTICLE III/SECTION 128 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TITLED "PERSONNEL/CIVIL SERVICE RULES AND REGULATIONS / GRIEVANCES AND ABUSES GENERALLY," TO ESTABLISH SECTION 40-128(C), TITLED "WHISTLEBLOWER COMPLAINT," TO PROVIDE DIRECTIONS TO PERSONS DESIROUS OF A HEARING BEFORE THE BOARD, PURSUANT TO THE FLORIDA ‘WHISTLE-BLOWER ACT’; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
September 10, 2026
Department: Civil Service Board
Category: Other
WHEREAS, it is the intent of the Civil Service Board to provide requirements for requesting a “Whistleblower” hearing before the Civil Service Board; and
WHEREAS, following public hearings, the amendment to Civil Service Rule 16 was approved by the Board at its September 16, 2025 meeting; and
WHEREAS, an amendment to add a part “C” to Section 40-128 of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, the City finds that revising the City Code to provide is in the best interests of the City and its residents;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OFMIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance areadopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 40/Article III/Section 40-128 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:
“CHAPTER 40
PERSONNEL
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ARTICLE III. - CIVIL SERVICE RULES AND REGULATIONS
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Sec. 40-128\. - Grievances and abuses generally.
(a)Investigations by the board.Whenever the board has reason to believe that this article has been violated by the abuse of power in recommending or making an appointment to any position, or in a layoff, demotion, suspension, or removal without justification, or in any other manner, it shall be the duty of the board to investigate. If, in making this investigation, the board shall find that said violations were contrary to the intent and spirit of this article, it shall make a report thereof to the director of the department involved and to the city manager.
(b)Complaint by employee.Any employee who is aggrieved by reason of what he/she considers a violation of this article to his/her detriment, or who has a grievance concerning his/her employment under this article, and who desires redress, shall notify the executive secretary in writing, stating the nature of his/her grievance and requesting a hearing by the board.
(1)Upon receipt of such notice, the executive secretary shall promptly inform the board, and the board shall schedule the matter for a hearing within 30 days of the date of receipt of the notice by the executive secretary, who shall notify the employee of the time, date, and place of hearing.
(2)If the board so desires, it may make a preliminary investigation of the matter before the hearing.
(3)The employee shall appear before the board at the scheduled time and place, and shall present pertinent information to the board concerning his/her grievance.
(4)The board shall consider the matter, and promptly present its findings and recommendations to the city manager for his/her consideration of a proper remedy, if a remedy is necessary.
(c)Whistleblower complaint. A City of Miami employee may elect to bring a grievance alleging they are a whistleblower under State law before the Board. To fall under the definition of whistleblower, the employee must make a protected disclosure as defined by Florida Statute Section 112.3187(5), and must disclose such information in a way that complies with Florida Statute Sections 112.3187 (6) & (7). Further, an employee bringing such a claim must establish that they suffered from an adverse employment action and that such action was because of the disclosures made under Section 112.3187.
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Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
WHEREAS, following public hearings, the amendment to Civil Service Rule 16 was approved by the Board at its September 16, 2025 meeting; and
WHEREAS, an amendment to add a part “C” to Section 40-128 of the Code of the City of Miami, Florida, as amended (“City Code”); and
WHEREAS, the City finds that revising the City Code to provide is in the best interests of the City and its residents;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OFMIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance areadopted and incorporated as if fully set forth in this Section.
Section 2. Chapter 40/Article III/Section 40-128 of the Code of the City of Miami, Florida, as amended, is amended in the following particulars:
“CHAPTER 40
PERSONNEL
\*\*\*
ARTICLE III. - CIVIL SERVICE RULES AND REGULATIONS
\*\*\*
Sec. 40-128\. - Grievances and abuses generally.
(a)Investigations by the board.Whenever the board has reason to believe that this article has been violated by the abuse of power in recommending or making an appointment to any position, or in a layoff, demotion, suspension, or removal without justification, or in any other manner, it shall be the duty of the board to investigate. If, in making this investigation, the board shall find that said violations were contrary to the intent and spirit of this article, it shall make a report thereof to the director of the department involved and to the city manager.
(b)Complaint by employee.Any employee who is aggrieved by reason of what he/she considers a violation of this article to his/her detriment, or who has a grievance concerning his/her employment under this article, and who desires redress, shall notify the executive secretary in writing, stating the nature of his/her grievance and requesting a hearing by the board.
(1)Upon receipt of such notice, the executive secretary shall promptly inform the board, and the board shall schedule the matter for a hearing within 30 days of the date of receipt of the notice by the executive secretary, who shall notify the employee of the time, date, and place of hearing.
(2)If the board so desires, it may make a preliminary investigation of the matter before the hearing.
(3)The employee shall appear before the board at the scheduled time and place, and shall present pertinent information to the board concerning his/her grievance.
(4)The board shall consider the matter, and promptly present its findings and recommendations to the city manager for his/her consideration of a proper remedy, if a remedy is necessary.
(c)Whistleblower complaint. A City of Miami employee may elect to bring a grievance alleging they are a whistleblower under State law before the Board. To fall under the definition of whistleblower, the employee must make a protected disclosure as defined by Florida Statute Section 112.3187(5), and must disclose such information in a way that complies with Florida Statute Sections 112.3187 (6) & (7). Further, an employee bringing such a claim must establish that they suffered from an adverse employment action and that such action was because of the disclosures made under Section 112.3187.
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Section 3. If any section, part of section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after final reading and adoption thereof.
Fiscal Impact
Total Fiscal Impact: $ 0