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Ord. No. 05-08-1940ORDINANCE NO. 05 -08 -1 940 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6 THROUGH SECTION 16A -40; PROVIDING FOR PERSONNEL ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. WHEREAS; sections 16A -6 through 16A -9 regarding Personnel Board shall be deleted; and WHEREAS; sections 16A -10 through 16A -40 shall be renumbered to 16A -6 through 16A -36 and all reference to personnel board and their functions shall be deleted in its entirety; and WHEREAS; the new section 16A -6 regarding rules, drafting, public hearing, submission to cel City Commission for adoption, force and effect, amendment procedure shall be revised to delete the "personnel board" and replace with "City Commission "; and WHEREAS; the new section 16A -23 shall be revised to establish that the regular period of probation will be one (1) year instead of six (6) months for newly hired employees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1: Chapter 16A -6 through 16A -9 Personnel Board: 2 • 7011 . . • 2 Ord. No. 05 -08 -1940 ........ ..,........: .. . I Section 2: Chapters 16A -6 through 16A -36 (Various chapter titles): Sec. 16A -64-0. Rules; drafting, public hearing, submission to eounei City Commission for adoption, force, and effect, amendment procedure. The personnel director shall draft, in consultation with the city manager, such rules as may be necessary to carry out the provisions of this ordinance [chapter]. A public hearing, shall be required prior to the final adoption of any ordinance by the City - Sm :- if M :: Section 2: Chapters 16A -6 through 16A -36 (Various chapter titles): Sec. 16A -64-0. Rules; drafting, public hearing, submission to eounei City Commission for adoption, force, and effect, amendment procedure. The personnel director shall draft, in consultation with the city manager, such rules as may be necessary to carry out the provisions of this ordinance [chapter]. A public hearing, shall be required prior to the final adoption of any ordinance by the City - Sm :- Section 2: Chapters 16A -6 through 16A -36 (Various chapter titles): Sec. 16A -64-0. Rules; drafting, public hearing, submission to eounei City Commission for adoption, force, and effect, amendment procedure. The personnel director shall draft, in consultation with the city manager, such rules as may be necessary to carry out the provisions of this ordinance [chapter]. A public hearing, shall be required prior to the final adoption of any ordinance by the City Sm : :: Section 2: Chapters 16A -6 through 16A -36 (Various chapter titles): Sec. 16A -64-0. Rules; drafting, public hearing, submission to eounei City Commission for adoption, force, and effect, amendment procedure. The personnel director shall draft, in consultation with the city manager, such rules as may be necessary to carry out the provisions of this ordinance [chapter]. A public hearing, shall be required prior to the final adoption of any ordinance by the City Ord. No. 05 -08 -1940 Commission that would amend or create new personnel rules. Falie i r-Wes shall be submitted f-of adeption by resolution of the eouneil City Genifflission. Th aeeefda-nee with the above pfeeedufe_-. Sec. 16A -714. Job classification plan -- Established. The personnel director shall make an analysis of the duties and responsibilities of all positions in the classified service and he shall recommend to the eeuneil Ci Commission a job classification plan. Each position in the classified service shall be assigned to a job class on the basis of the kind and level of its duties and responsibilities, to the end that all positions in the same class shall be sufficiently alike to permit use of a single descriptive title, the same qualification requirements, the same test of competence, and the same pay scale. A job class may contain one position, or more than one position. Sec. 16A -8-12. Same -- Revision. The classification plan shall be revised from time to time as changing conditions require, upon recommendations of the personnel director and with the approval of the eetmeil City Commission. Such revisions may consist of the addition, abolishment, consolidation, division or amendment of existing classes. Sec. 16A -913. Pay plan -- Preparation and rules for administration. The personnel director under the direction of the city manager and in consultation with the finance director, shall prepare a pay plan and rules for its administration. The rate or range for each class shall be such as to reflect fairly the differences in duties and responsibilities and shall be related to compensation for comparable positions in other places of public and private employment. Sec. 16A- 10174. Same -- Submission of plan and rules to eouneil City Commission; adoption after public hearing. The personnel director shall submit the pay plan and the rules for its administration to the eetineil City Commission for adoption. The Eeuneil City Commission, after public hearing, may adopt the plan and the rules, with or without amendment. All amendments shall apply uniformly to all positions within the same class. Sec. 16A- 11-15. Same -- Assignment of job class to a pay range provided in plan. After the pay plan and the rules for its administration have been adopted by the eeufleil City Commission, the personnel director shall assign each job class to one of the pay ranges provided in the pay plan. 11 Ord. No. 05 -08 -1940 Sec. 16A -126. Same -- Method of amending. The pay plan may be amended from time to time as circumstances require, either through adjustment of rates or by reassignment of job classes to different pay ranges, as by the same procedure as prescribed in Article 6, sec. 2 [section 16A -410 of this Code]. Sec. 16A -12.1 Position of honorary corporal of police. There is hereby established the position of honorary corporal of police. Such position shall be awarded solely as a longevity benefit to police officers who have completed fifteen (15) years of above average meritorious service with the police department of the city, but who have not attained the rank of honorary corporal. Such position shall not be considered an increase in rank, nor shall officers who are awarded the position have any additional authority within the department. Officers awarded the position of honorary corporal shall be entitled to wear on their police uniform sleeves a patch or emblem consisting of two (2) corporal stripes with the letter "H" immediately below such stripes, the form of such emblem to be approved by the city manager. Police officers who have served fifteen (15) years with the police department of the city, who have not attained any rank, may make application by letter to the city manager for award of the position of honorary corporal. The personnel director shall review the personnel record of the applicant, and if deemed advisable, conduct an interview with the applicant. The personnel director shall make a recommendation in writing to the city manager within thirty (30) days from the date the application is filed with the city manager. Upon receipt of written recommendation from the personnel director, the city manager shall review the recommendation and make such further inquiry as he deems necessary to fully inform himself of the record and qualifications of the applicant to ascertain the extent and quality of the applicant's service to the department. Within thirty (30) days after receipt of the recommendation the city manager shall either approve the application and award the applicant the position of honorary corporal, or disapprove the application. In the event of approval of the application, the applicant shall be entitled to pay as honorary corporal retroactive to the date of filing his application with the city manager. In the event of disapproval of the application the applicant may not file a further application for a period of one year following the date of filing of any disapproved application. Officers awarded the position of honorary corporal shall be entitled to a one- half -step pay increase. 5 Ord. No. 05 -08 -1940 Sec. 16A- 1317. Appointments, promotions, and veterans' preference - -Based on competitive examinations; appointing authority. Original appointments to vacancies occurring after this chapter becomes effective shall be based on merit as determined by competitive examinations. The city manager shall be the appointing authority. (1) Competitive examinations may be waived by the city manager subject to eetmeil City Commission approval whenever the applicants for position are less than the number of vacancies plus two (2). (2) Competitive examinations may be waived by the city manager when the vacancies sought to be filled are for unskilled work. Sec. 16A- 14478. Same- -Scope of examinations. Examinations shall be in such form as will fairly test the abilities and aptitudes of candidates for the duties to be performed, and may not include any inquiry into the political or religious affiliations of any candidate. Sec. 16A- 15-13. Same -- Placement on eligible list of candidates who qualify. Candidates who qualify for employment shall be placed on an eligible list for the appropriate job class in the rank order of the grades they obtained on the examination. Sec. 16A -1620. Same -- Administration of veterans' preference according to state law. Veterans' preference shall be administered in accordance with Chapter 295, Sections .06,.07,.08,.0 10 and .011 Florida Statutes, 1955. Sec. 16A- 1724. Same -- Vacancies filled by promotion; items constituting promotion designated. Vacancies in positions above the entrance level shall be filled by promotion whenever in the judgment of the personnel director it is in the best interests of the city to do so, and promotions shall be on a competitive basis except where the personnel director finds that the number of persons qualified for promotion is insufficient to justify competition. Promotions shall give appropriate consideration to the applicant's qualifications, record or performance, and seniority. An advancement in rank or grade or an increase in salary beyond the limits defined in the rules for the administration of the pay plan shall constitute a promotion. Sec. 16A -1822. Same -- Temporary promotions pending availability of eligible list. Pending the availability of an eligible list determined by the personnel director to be appropriate for a class, vacancies may be filled by temporary appointment. Such M Ord. No. 05 -08 -1940 appointments shall have a maximum duration of six (6) months and may not continue beyond a one day period after the establishment of an appropriate eligible list. Sec. 16A -1923. Eligible lists -- Designated and described. Eligible lists, in the order of their priority, shall be re- employed lists, promotional eligible lists and original appointment eligible lists. (a) Re- employment lists shall contain the names of permanent employees laid off in good standing for lack of funds or work. (b) Promotional eligible lists, and original appointment eligible lists shall be created as provided in Article 7 [sections 16A4-713 through 16A -2-218 of this Code]. (c) Probationary employees laid off for lack of work or lack of funds, and probationary employees who resign and whose resignations are withdrawn within one year, with the approval of the city manager and the personnel director, may have their names restored to the eligible list from which their appointment was originally made. Sec. 16A -2024. Same -- Appointments to fill vacancies, method of making. When an appointment is to be made to a vacancy, the personnel director shall submit to the city manager the names of persons who successfully qualified to be on the appropriate list and who have indicated willingness to accept appointment. When more than one vacancy is to be filled the number of names submitted shall equal the number of vacancies plus two. Sec. 16A -2125. Same -- Policies and procedures for administering lists. Policies and procedures for administering eligible lists shall be provided in the personnel rules, covering the duration, cancellation, replacement, and consolidation of such lists, and the removal or suspension of the names of eligibles there from. Sec. 16A -2226. Probation -- Employees subject to; probationary period, regular, maximum. Employees appointed from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation. The regular period of probation shall be sip twelve months, provided that the personnel rules may specify a longer or shorter period of probation for certain designated job classes, or for extension of the probation period in individual cases. No probationary period may extend beyond 12 months, except for police department personnel whose probation may be extended upon written request of the chief of police and approval by the city manager. Sec. 16A -2327. Same -- Removal or demotion of probationer. The work and conduct of probationary employees shall be subject to close scrutiny and evaluation, and if found to be below standards satisfactory to the city manager or department head, the city manager may remove or demote the probationer at any time 7 Ord. no. 05 -08 -1940 during the probationary period. Such removals or demotion shall not be subject to review or appeal. Sec. 16A- 242-8. Same -- Probationer granted permanent status on recommendation of city manager only. An employee shall be retained beyond the end of the probationary period and granted permanent status only if the city manager affirms that the services of the employee have been found to be satisfactory and recommends that the employee be given permanent status. Sec. 16A -252-9. Absences, hours of work. Rules shall be adopted prescribing hours of work and the conditions and length of time for which leaves of absence with pay and leaves of absence without pay may be granted. These shall cover, among others, vacations, sick leaves, and leaves for military service. Sec. 16A -2630. Training for employees. The personnel director shall encourage the improvement of service by providing employees with opportunities for training, which need not be limited to training for specific jobs but may include training for advancement and for general fitness for public service. Sec. 16A -273-1. Separation from service -- Temporary and permanent. The tenure of every employee shall be conditioned on good behavior and the satisfactory performance of duties. Any employee may be temporarily separated by layoff or suspension; or permanently separated by resignation or dismissal. Sec. 16A -2832. Same -- Lay -offs for lack of work or funds. Whenever there is lack of work or lack of funds requiring reductions in the number of employees in the department or division of the city government, the required reduction shall be made in such job class or classes as the department head may designate, provided that employees shall be laid off in the inverse order of their relative length and quality of service, as determined by rules governing the evaluation of service. Within each affected job class, all temporary employees shall be laid off before probationary employees, and all probationary employees shall be laid off before any permanent employees. Sec. 16A -2933. Same -- Suspension without pay as disciplinary action. Shall be changed to reflect as follows: When in the judgment of the city manager an employee's work performance or conduct justifies disciplinary action short of dismissal, the employee may be suspended without pay. A suspended emplayee may nat request a heafing before the persennel board unless Ord. No. 05 -08 -1940 Sec. 16A -3034. Same -- Dismissal or demotion of permanent employees; procedure. (a) A permanent employee may be dismissed or demoted whenever in the judgment of the city manager the employee's work or misconduct so warrants. When the eity ,,.,,,.,age Sec. 16A- 313-5. Same -- Resignation; reinstatement. (a) An employee may resign by filing his reasons with the city manager. (b) An employee resigning in good standing may be reinstated to any position in the same class if there is need for his services within two years after the date of resignation. Sec. 16A -3236. Records required of personnel director. The personnel director shall maintain records of his official acts, the examination record of every candidate and the employment record of every employee. Sec. 16A -333 -7. Investigations, hearings. E ers:: so rtsrr-W"1"5001M VII. EPIT s'*sr.IMi Ir M. . M_IIIIIIIIIII�Plml Sec. 16A- 313-5. Same -- Resignation; reinstatement. (a) An employee may resign by filing his reasons with the city manager. (b) An employee resigning in good standing may be reinstated to any position in the same class if there is need for his services within two years after the date of resignation. Sec. 16A -3236. Records required of personnel director. The personnel director shall maintain records of his official acts, the examination record of every candidate and the employment record of every employee. Sec. 16A -333 -7. Investigations, hearings. E Ord. No. 05 -08 -1940 Sec. 16A -343$. Prohibition as to politics; discrimination on grounds of politics, religion, marital status or sex prohibited. (a) Employees in the classified service shall be selected without regard to political considerations, may not be required to contribute to any political purpose, and may not engage in improper political activity. The rules shall define the scope of improper political activity. (b) There shall be no discrimination against any person seeking employment or employed in the classified service because of any considerations of political or religious affiliation or belief, sex or-, marital status and/or sexual orientation. Sec. 16A -353-9. Sick leave compensation of employees. (a) For the purposes of this section, sick leave shall include the following categories: (1) Payments on account of sickness. These payments to an employee shall be limited to payments for the personal sickness or illness of an employee. (2) Payments for reasons other than personal sickness. These payments shall include payments to an employee for death or serious illness in the immediate family or for legal quarantine. (b) Payments on account of sickness and payments for reasons other than personal sickness may be made to all employees under the provisions of Section 10.3, subsection (b) of Chapter XII of the "Personnel Regulations of the City of South Miami." Sec. 16A -3649. Full -time or probationary employment prohibited. No commission member, autonomous personnel, quasi-judicial personnel or advisory personnel, as those terms are defined by section 8A -1(b) of this Code, shall, for a period of nine months after his or her city service has ceased, be employed by the city as a probationary or full -time employee. This prohibition does not apply to employees who are appointed to serve on boards on behalf of the city. Section 3: Sec. 16A -2226. Probation -- Employees subject to; probationary period, regular, maximum. Employees appointed or newly hired from original appointment eligible lists or from promotional eligible lists shall be subject to a period of probation. The regular period of probation shall be six twelve months, of the r ,.batiatt r °a in ,.,,vivid a eases. No pProbationary period may extend beyond 12 months, xeept for- peliee- depui4metAper-sefffiel whose probation eextenu� upon written request of the ehie f of pel department head and approval by the city manager. 10 Ord. No. 05 -08 -1940 Section 4: If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 5: All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 6: This ordinance shall be codified and included in the Code of Ordinances. Section 7: This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED this 9 day of 7-ei-ue , 2008. ATTEST: C— IThCLERK READ AND APPROVED AS TO FORM Taggin-e �Figueredo, P.A Office of the City Attorney Second Reading -2 / 5 / 0 8 COMMISSION VOTE: Mayor Feliu: Vice Mayor Wiscombe: Commissioner Birts: Commissioner Palmer: Commissioner Beckman: 5 -0 Yea Yea Yea Yea Yea 11 South Miami � Sour9 �9 AII•AmericaCity CITY OF SOUTH MIAMI • INCORPORATED • 1927 OFFICE OF THE CITY MANAGER s o ate a 2001 INTER - OFFICE MEMORANDUM To: The Honorable Mayor and Date: January 22, 2008 Members of the Commission Via: Yvonne S. McKinley, City Manager From: Jeanette Enrizo, Human Resource Manager Agenda Item No.: Human Resource Subject: Amendment of Personnel Ordinance Chapter 16A Ordinance: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, SECTIONS 16A -6 THROUGH SECTION 16A -40; PROVIDING FOR PERSONNEL ORDINANCE AND PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT AND AN EFFECTIVE DATE. Reason/Need: During the past year, several meetings /workshops were held with the City Commission to review Chapter 16A of the City's Code of Ordinances and to review the current Personnel Manual. All sections of the chapter were thoroughly reviewed in detail and all changes recommended were incorporated in the referenced ordinances. Collective bargaining agreements were taken into consideration during the review to ensure consistency with agreements. Cost: The proposed changes to this section of the Code includes recommendations to delete /eliminate personnel board and their functions. Additionally, newly hired employees probationary period was changed from six (6) months to one (1) year. Following the adoption of this ordinance, the revised Personnel Manual will be presented to the City Commission for consideration. N/A Funding Source: N/A Backup Documentation: Proposed Ordinance MIAMI DAILY BUSINESS • ■EVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the V.P. OF LEGAL ADVERTISING, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING - FEBRUARY 5, 2008 in the XXXX Court, was published in said newspaper in the issues of 01/25/2008 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this Jerti,se for p blication in the said newspaper. /-)1 Sworn to and subscribed before me this 25 day.of JANUARY , A.D. 2008 (SEAL) O.V. FERBEYRE personally known to me � + Charyi H Marmer ,g My Commission DD338559 of roc Expires July 18, 2008 `C1TY'.O SOUTH •MIAMI NOTICE OF PUBLIC FEARING NOTICE IS HEREBY given that the City Commission of the City,of South Miami, _Florida will conduct. Public Hearings., at it's -regular City. Commission meeting 'scheduled for „Tuesday, February:, 5, < 2008 beginning at 7:30 P.M. in the City Commission Chambers, 61.30'8unset Drive,.to consider the following items AN ORDINANCE.OF THE MAYOR AND CITY.COMMISSION OF THE CITY OF SOUTH MIAMI;.:FLORIDA; RELATING TO PERSONNEL RULES AND REGULATIONS; "'AMENDING CHAPTER 16A,, SECTIONS 16A -6 .THROUGH :SECTION 16A -40; PROVIDING FOR PERSONNEL ORDINANCE A_ND PROVIDING FOR :SEVERABILITY, ORDINANCES ' I I CONFLICT ANDAN EFFECTIVE DATE. A RESOLUTION OF: -THE MAYOR AND CITY .COMMISSION. OF THE CITY OF.-SOUTH MIAMI, RELATING TO'A REQUEST PURSUANT TO. SECTION _20- 3..4(B)(4)(b)_,OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GEN.ERAL.,RESTAURANT AS PART,OF.THE. SOUTH MIAMI MUNICIPAL PARKING FACILITY .A PRIVATE PUBLIC DEVELOPMENT LOCATED _ AT 5829 SIN '73rd STREET. WITHIN ;THE "SR (HD -OV)" SPECIALTY` RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING. DISTRICT ON PROPERTY LEGALLY DESCRIBED, AS LOTS '35'36 '-37 48; 49, 50, W. A. LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOFRECORDED IN PLAT BOOK 3 AT.PAGE.198 OF;THE PUBLIC RECORDS OF MIAMI -DADE COUNTY; AND I PROVIDING: AN EFFECTIVE DATE. - If you have any inquiries on the above items please contact the Planning Department's office at; 305.663 -6326 ALL interested parties are invited to attend and will be heard: Maria M. Menendez; CMC ! City Clerk I Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, - Agency or Commission with respect to any matter`oonsidered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, .affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 1 /25 08- 3- 50/954654M so 00 0 0 N n N ix. Q Z Q Q 0 Z N 0 L x a•. W i O IU z E 0 -o E M ►z Lo OF tiOUY� tORIV ' COURTESY ®TICS CITE OF SOUTH IA 19 FLORIDA On Tuesday, February 5, 2008, . beginning at 7;30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission . will hold Public Hearings to consider the following items: AN ORDINANCE RELATING T0. PERSONNEL RULES AND REGULATIONS; AMENDING CHAPTER 16A, : SECTIONS ' 16A -. 6 THROUGH SECTION 16A =40; PROVIDING FOR PERSONNEL ORDINANCE. A RESOLUTION RELATING TO A REQUEST PURSUANT TO SECTION 2073.4(B)(4)(b).OFTHE LAND, DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO LOCATE A GENERALAESTAU.RA.,NT;AS.,PART OF THE SOUTH MIAMI MUNICIPAL PARKING FACILITY -A PRIVATE -. PUBLIC DEVELOPMENT LOCATED AT 5$29'SW 73rd `STREET WITHIN THE "SR (HD -OV)" SPECIALTY RETAIL (HOMETOWN DIS.TRICT:OVERLAY) ZONING.DISTRIGT if y'bu have any inquiries on the above items please contact the Planning Department's:.Office at: 305- 663 - 6326. ;.. ALL interested parties are invited to attend and will be heard. Maria. M. Menendez, CIVIC City Clerk Pursuant to Florida Statutes 286.0105, the City Hereby advises the public that ff a person tleades to appeal any decision made by this Board, Agency or commission with respect to any matte[ponsidered.et Its.meeting or hearing, he or she will need a record of the proceedings, and that for such purpose .effected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is fo be based e i a eg ei`e lne ram ` NIM- =at MOD S.M. Piave a bear ar a glass � fie 1 bag9 to a" Fnissli gi €II£8 * 31gE$�4 DR 'RW 42 P sge'FIatT�a€ N. E5S F 't�� 9 �� bf t tY _- M11% vim p Iva € ffe>, t Iri�j j' 6 F br �= �5�gry�}i r '+�ZZG im ran 91P q�y�5#� g p�- on�x`a"+b��Lii.L' �s" s '.e..f 511 pa versa s �F9