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HomeMy WebLinkAboutV(A) Second Reading Of Ordinance No. 97-05, Revising The Employee Rules And Regulations Regarding Disciplinary Action/Termination And Grievance ProcedureOcoee _ ficin V� d v O F G0010 "CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE" CITY OF OC®EE 150 N. LAKESHORE DRIVE OCOEE, FLORIDA 34761-2258 (407) 656-2322 TO: THE HONORABLE, S. SCOTT VANDERGRIFT MEMBERS OF THE COMMISSION FR: PEGGY PSALEDARIS,,PERSONNEL DIRECTOR DA: JANUARY 2, 1997 SII: REVISIONS TO PERSONNEL RULES AND REGULATIONS AGENDA 1-21-97 Item V.A COMMISSIONERS RUSTY JOHNSON. SCOTTANDERSON SCOTT A. GLASS JIM GLEASON CITY MANAGER ELLIS SHAPIRO We request the Mayor and Members of the Commission adopt Ordinance Number 97-05 of the City of Ocoee Personnel Rules and Regulations concerning the above subject matter. Please be advised the Personnel Committee and E;::iployees have reviewed the requested changes and both unions have been notified of the changes. Neither of the unions responded t,:)..-)ur letter of information. Our Labor Attorney, Reynolds Allen ha:j reviewed the changes and our Personnel Board has reviewed the changes. As you can see, some of the changes are housekeeping in nature and a Grievance Hearing Committee has been added as requested by the Personnel Committee. Respectfully Submitted, Perlsonnel Director /ov— S� ORDINANCE NO. 97-05 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; AMENDING ORDINANCE NO. 93-18 BY AMENDING SECTION 15 OF EXHIBIT "A" THERETO RELATING TO DIS C IPLINARY AC TION/TERMINATION AND AMENDING SECTION 16 OF EXHIBIT "A" THERETO RELATING TO GRIEVANCE PROCEDURE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee,. Florida desires to amend those sections of the City of Ocoee Personnel _Rules and Regulations relating to Disciplinary Action/Termination and the Grievance Procedure. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of the 'City of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Amendment to Disciplinary Action/Termination and Grievance Procedure. Ordinance No. 93-18, adopted October 5, 1993 is hereby amended as follows: Section 15 and Section 16 of the City of Ocoee Personnel Rules and Regulations, attached as Exhibit "A" to Ordinance No. 93-18, are hereby amended as set.forth in Schedule 1 attached hereto and by this reference made a part hereof. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portionshall be deemed a separate, distinct and independent provision and such holding shall not affect. the validity of the remaining- portion hereto. SECTION 4. Effective Date. immediately upon passage and adoption. PASSED AND ADOPTED this ATTEST: Jean Grafton, City Clerk (SEAL) fOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of 1997 HOGG, ALLEN, NORTON & BLUE by: Reynolds Allen, Special Counsel This Ordinance shall become effective day of APPROVED: CITY OF OCOEE, FLORIDA S. Scott Vandergrift, Mayor Advertised January 9, 1997 Read First Time January 7, 1997 Read Second Time and Adopted Under Agenda Item No WSW 1997 Section 1 to ORDINANCE NO. 97-05 SECTION 15 DISCIPLINARY ACTION/TERMINATION and SECTION 16 GRIEVANCE PROCEDURE LANGUAGE THAT HAS BEEN ADDED HAS BEEN SHADED IN LANGUAGE THAT HAS BEEN DELETED HAS BEEN STRICKEN THROUGH ......................................... ......................................... SECTION 15 DISCIPLINARY ACTION/TERMINATION 15.01 Intent A. It is the intent of the City that effective supervision and employee relations will avoid most matters which necessitate disciplinary action or termination for violation of rules and other conduct which is unacceptable. B. The City recognizes the fact that each situation differs in many respects from somewhat similar ones. Thus, the City retains the right to treat each incident on an individual basis without creating a precedent for other cases which may arise in the future and to determine the appropriate discipline or termination on a case-by-case basis. The City recognizes the following types of disciplinary action: (1) Verbal warning (2) Documented verbal warning (3) Written warning (-4) Suspension without pay (5) Demotion (6) Combination of the above (7) Termination C. Unlike demotion and termination of permanent employees which may only be for just cause as provided in paragraph D below, employees may be disciplined by ==r=_��na; verbal warning, documented verbal warning, written warning, suspension without pay, or combinations thereof for violation of offenses listed in Section 15.03 or for any action or failure to act which in the opinion of the City Manager or his/her designee adversely affects the ability of the employee and/or fellow employees to efficiently perform their job responsibilities and/or adversely affects the efficient operation of the City government or -any department, division, or area of the City. D. Permanent employees may be demoted or terminated for any reason set forth in Section 15.03 as a Group I or Group II offense, or for any other just cause. Section 15.03, Group I Offenses, provides recommended but not mandatory penalties to apply to specific offenses; however, the penalty utilized shall be discretionary with management and nothing herein shall require that a particular form of discipline be utilized in any case prior to the utilization of another form of discipline. 3-R Adopted 10-5-93 Revised eletei�firining the-dieiplAne gem^-• *- shall te-be-}reed eens l deiF the —s in r^ a=aeL-4:ty—efI=-he the ve =ee the effense, -Best- t;m.� tei-oal-between ;vLi a wren s e fsi:ffl i-liei' e tei3�7,d 1 e-Ofeendu et -`Ehe eftp l eyee ls- wei-]E i-eeei-d, the-effipleyee-'-s- length ef-seaF-�Lr� with the -G; tom., the the -ability f t-he-emsleyee e eyee'-s-a=v=ei-a--11 value te theCItl', as fflay the he -en the far... -eff-i ei ent While eeneer-ned and h-tirmen: andethezr a terns , . serjae 2 :lens geyei- suggested manageiieemp penaltyef i -ease in . Seetie l eyee-whe a Giceup fems--sueh aetdeRn- dee ! effense a fnei-e—seyei-e e , ta ; , . shall nete i9enalty t -h t ; , . z ed—the e the-i-eeefanended in waF tint the E. In addition to the offenses listed in Section 15.03 below, infraction of departmental rules and regulations may subject the employee to disciplinary action up to and including termination. 15.02 Notice of Disciplinary Action A. Employees who are disciplined by verbal warning will have the reasons for said warning explained by their supervisor. B. In all cases of verbal warning written warning, suspension without combination of same, the employee writing of the action taken and a shall be retained by the Personnel in the employee's personnel file. with documentation, pay, demotion, or any shall be notified in copy of such,notice Office for placement C. The Department Director and/or designee shall coordinate all disciplinary actions, including non -documented verbal warnings, with the Personnel Office, and shall notify the Personnel Office of any verbal warnings given. 15.03 Types of Offenses The two (2) groups of -offenses and the guide for recommended penalties are set forth below; however, the principles concerning application as set forth in Section 15.01 shall apply: GROUP I OFFENSES First Offense - Documented verbal warning Second Offense - Written warning Third Offense - Up to ten (10) working days suspension without pay Fourth Offense - Termination (1) Operating, using, or possessing tools, equipment or machines to which the employee has not been assigned. Adopted 10-5-93 Revised (2) Performing other than assigned work. (3) Quitting work, wasting time, loitering, or leaving assigned work area during working hours without permission. (4) Taking more than specified time for meals or rest periods. ............................................. (5) r e l productivity or competency less— an e ei a s tandl . (6) Sleeping on the job unless authorized. (9) Violation of Sections 4.05 (B), (C) or (E) relating to solicitation and distribution. (10) Excessive tardiness. (11) Excessive absenteeism, regardless of the reason... (12) Violating a safety rule or safety practice. . Y (13 ) Failure to report an accident or personal injury in which the employee was involved while on the job or in a City vehicle. (14) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, distracting the attention of others, catcalls, demonstrations on the job, or disorderly conduct. (15) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping. (16) Failure to report the loss of a City identification card to the Department Director. (17) Failure to keep the department and Personnel Office notified of proper address and telephone number. (18) Failure to work overtime, special hours or special shifts after being scheduled according to overtime and standby duty policies without a legitimate reason. (19) Leaving work at the end of the scheduled shift without Adopted 10=5-93 Revised being relieved by the supervisor or the relieving employee on the incoming shift, for those units operating on a 24-hour basis. (20) Gambling, lottery, or engaging in any other game of chance at City work stations at any time. (21) Failure to report a request for information or receipt of a subpoena from a law firm or an attorney for a matter relating to City business. (22) Knowingly harboring a serious communicable disease which may endanger other employees without advising the City. (23 ) Violation of des & eg ens-eaF BepaaFtental pG.P.'s GROUP II OFFENSES .................. First Offense -<''o Termination ................ ................... (1) Failure to meet prescribed standards of work. (2) Violation of Florida Statute prohibiting public employees from participating in a strike against a public employer. (3) Incompetency, inefficiency, or negligence 'yin the performance of duty. (4) Conviction of a non -felony criminal offense or any felony. (S) Being the -influenee—ef inter l-i unde-r eatA:ng i, , ei h,rb t . ..tes duty er while en (net pr s_=i�by e _ a deet-er) l_ en >444- Unauthorized absences or abuse of leave privileges. } Use of official position for personal advantage. €'M>`+8-� Commission of any offense described in these rules and regulations or departmental rules and regulations relating to disciplinary measures for which termination is the penalty. Deliberately or negligently misusing, destroying, or damaging any City property or property of an employee. }' Falsification of personnel or City record, including employment applications, accident records, work records, Adopted 10-5-93 Revised purchase orders, time sheets, or any other report, record, or document. Making false claims or misrepresentation in an attempt to obtain sickness or accident benefits, or workers, compensation. HH+144- Insubordination or the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor. Unauthorized use or possession a -ad display of fire arms, explosives, or weapons on or in City property Now,: ............... -4�- Removal of City property or any 'employee's property from City locations without proper authorization; theft of City property or any employee's property. nff_�� Failure to return from an authorized leave of absence. Concerted curtailment, restriction of production or interference with work in or about the City's work stations including, but not limited to, instigating, leading, or participating in any walkout, strike, sit- down, stand-in, slowdown, or refusal to return to work at the scheduled time for the scheduled shift. Absent without permission or leave (A.W.O.L.). Acceptance ,of a gift, service, .or anything of value in the performance of duty or under circumstances where the employee knew or should have known it was given with an expectancy of obtaining a service or favored treatment by a City employee, department, or agency. ... Possession, ......... illegal cor use, sale, 11 1 1 att rocure aiconoiic neverages wniie on auty, on city propert while operating or riding in or on City equipment. Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the City. G 2 On or off the job conduct which adversely affects the ability of the employee to perform his/her duties and/or adversely affects the efficient operation of the City government or any department, division, or area of City government. Discourteous, insulting, abusive, or inflammatory ................. language or conduct toward the public or co-workers. Adopted 10-5-93 Revised (. .... . .. Improper racial or sexual -comments, harassment or acts directed to any City employee or the general public. H24) Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time, including abusive language. HM�4� Provoking or instigating a fight or fighting while on duty. Adopted 10-5-93 Revised SECTION 16 GRIEVANCE PROCEDURE 16.01 Purpose The grievance procedure is established to provide full opportunity to employees to bring to the attention of management, situations that directly affect the employee's pay, benefits, or working conditions. It is the intent and desire of the City to adjust complaints or grievances informally, and both supervisors and employees are expected to make reasonable efforts to resolve problems as they arise. However, it is recognized that there will be grievances which will be resolved only after an appeal and review. The submission of a grievance by an employee shall in no way adversely affect the employee or his/her employment with the City. A. An employee may file a grievance over the interpretation, application, or violation of City Personnel Rules and Regulations or any Departmental Rules or Regulations applicable to him/her, to resolve a problem concerning his/her employment, or to question and seek to overturn anv disciDlinary measures taken against him/her s3 ' B. Only permanent employees are eligible to file appeals or grievances under this procedure. Probationary employees ...................................... are not considered permanent employees until'; completion of the probation period. Department"'nrectors and higher levels of management 2pzs shall not have the right to fire grievances d d'd"" his section but shall in case of demotion and termination be entitled to pre and post action hearings under Section 16.04. 16.02 Grievance Procedure In order to assure every employee a method -i-R W which the employee can get a particular grievance considered rapidly, fairly, and without reprisal, the following steps are provided: STEP 1 ............................................. The aggrieved employee shall, within three (3) working days of the incident, explain and discuss the complaint or grievance orally with the supervisor involved. Higher level supervision may be called into the discussion in an Adopted 10-5-93 Revised effort to achieve a prompt satisfactory adjustment. The Supervisor will make a decision and notify the employee in writing within three (3) working days after the discussion with the employee. To assure appropriate application of City policy, the Supervisor should coordinate with the Personnel Office before reaching a decision on a grievance. STEP 2 If the aggrieved employee feels that the matter has not been settled or adjusted to his/her satisfaction by the Supervisor, he/she may submit the matter in writing to the Department Director within three (3) working days from receipt of the answer in Step 1. ............:,;>;— cr.. c�mma::tt:es Adopted 10-5-93 Revised wj-n .. ............................................... ... ...... ...... ...... .... . -xi-VO. S... -C ...................................................... I yi�io .................. . . ... ix., ..:i i ... ....... .1 . ........ .... .......... ........ .. ... ............ ..................... .... ................ .... .. ..... ....... .... .. ....... ...... . ..... .......... . ............. .......... ... t . . , . ...... 3"". ... ..... ........ .... .. ....... ........................ . ......... ..................... ..... ....................... .... .......... ............. ............ ......... . .. ..... . . ........ ma ............................... ... ....... ......... .......... .................. .. ..... ............. ... . ..... ....... .................. ....... .. ......... ............. ............ t ....................... ... .... . I. ....... . .... . . G: . ..... ............ ......... .... . .. . ... ... t ....... .. ........ ................ PM ......................... . . .. .......... ......... ... t . ....... .... .. t ...................................... Xm ....... . ............. . ...... ........... .. ...................... . ........................... ........ I ........... .................... ............ .... .. .......................................................... ... ............... . . .... .............. .... .. ................ ...... ........................... .. ............. ....... ... . ........... I ........ t ...... ....... ... . .... .. . ....................... P . ....................... . .. . . .... ...... ...... ............ ................................... .. . .......................... .......... ... ......... . . ............ ........ . . .............. ........... .......... : ... ............... .............. ............................... ... Adopted 10-5-93 Revised STEP .�.........h.... �3pt�. Adopted 10-5-93 Revised 5:;'r:;;:;:;:;`.;:`•:>: ::?"i::::2: .:: .:" .:i:::; '�':. .�:. :.: i :' :.: :. :::::i i;i :. .. .:.'• '`� ':i :::; ...4.i..i'.:. ••::::i :.. :.::..., .. •:i::::?: :;:;:;:i ;:':::...:i;:i;: .''..'. ... iii. •r:`.::::'t>, :.::'..: ....::>}> 16.03 General Provisions A. The time limits of this grievance procedure may be extended up to five (5) additional working days by .: e Rianageemient RW he m 1 o e e due t o s€ ' 'c »>;>. >;>"'>i `'``>r illness, emeraericv, vacations, t "bus%riess trips or ... B:' IM reasons. other business e employee (or If the response time limit falls on an employee's day of f < pp ri > ► asirr the reps -y ny managemen veri `to'tfie empl oyeA on the _..hed: le .. _='_ day 1 C. Under this grievance procedure the employee and/or management have the opportunity to call witnesses at the Step 2 and Step 3 levels. D . Any grievance shall be considered settled on the basis of management's response at the completion of any step, unless it is appealed within the time limits set forth. E. Adopted 10-5-93 Revised F. 65 In some cases, steps in the grievance procedure may be waived at the discretion of the Department Director or City Manager to allow more severe matters to progress more rapidly. The Director of Personnel & Employee Relations will be available at any step in the procedure to assist in any way in resolving the grievance. 16.04 Termination Le rma-e mp l e yees slaa-i3—be--a f f ei-dedp eeeeliai-al-El:ae pr-eeess as .-eEfdiaFed by law. Adopted 10-5-93 Revised Adopted 10-5-93 Revised.