HomeMy WebLinkAboutVI (B) Second Reading: Ordinance No. 2001-32, Relating to Changes to Personnel Rules and Regulations Agenda 11-20-2001
Item VI B
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•t ONMISSIONLR
Ocoee S. SCOTT VANDERGRIET
a _,. 6CITY OF OCOEE
NOWE
►U DANNY HOWELL
� 150 N.LAKes}roae DRIVE
DCOTT ANDERSON
OCOEE, FLORIDAF 34761-2258 RUSTY JOHNSON
"� * (407)905-3100 NANCY J. PARKER
ff40f GOO `` CITY MANAGER
JIM GLEASON
MEMORANDUM
TO: James Gleason
City Manager
FROM: Fran Diedrich 4
Human Resources Director
DATE: November 12,2001
RE: Ordinance Revising Personnel Rules and Regulations
As we discussed, attached are the proposed revisions of the Personnel Rules and Regulations
which will appear on the Commission Agenda for second reading on November 20, 2001. You
will note that revisions have been made to sections 8.02 I. and 9.04 D. for clarification purposes
as discussed in our staff meeting.
These revisions have been provided to the City Clerk's office for the November 20,2001
Commission meeting. If you determine that further amendments for clarification are necessary
prior to the Commission Meeting,please advise.
c. Jean Grafton, City Clerk'/
POWt
FYG�ECI cows ':: fi .crc
Agenda 11-06-2001
Item VII A
"CENTER OF GOOD LIVING-PR/DE OF WEST ORANGE- MAYOR•COMMISSIONER
ON Ocoee S.SCOTT VANDERGRJFT
�!E CITY OF OCOEE COMMISSIONERS
C: - DANNY HOWELL
150 OCOEE,
LARIDA347DRIVE
OCOEE,FLORIDA 34761-JVE SCOTT ANDERSON
� (407)905-3100 RUSTY IOIINS Fq„F COOS P
NANCY I.PARKER
CITY MANAGER
JIM GLEASON
MEMORANDUM
TO: THE HONORABLE MAYOR AND MEMBERS OF THE
COMMISSION
FROM: PEGGY PSALEDAKIS, HUMAN RESOURCES DIRECTOR I '
DATE: OCTOBER 31, 2001
SUBJECT: REVISION TO PERSONNEL RULES & REGULATIONS SECTION 8, lo131
SECTION 9, SECTION 12, & SECTION 13
At this time we are respectfully requesting acceptance of Ordinance No. 2001-32 revising City of
Ocoee Personnel Rules and Regulations Section 8.02 regarding Personal Holidays, Section 9.02,
9.04, 9.06 and 9.09 regarding Personal Leave, Section 12.09 regarding Transfers, Section 13.01
regarding Smoking Policy and 13.05 regarding Group Benefits.
For the purpose of understanding what has been revised or added, the following format has been
submitted:
That which has been added has been double-underlined and that which has been deleted has been
stricken through.
CC: City Manager
City Clerk
POWt
Preiecl Ocoee'sW-Lr Resow ens
ORDINANCE NO. 2001-32
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO PERSONNEL RULES AND
REGULATIONS FOR THE CITY OF OCOEE; AMENDING
ORDINANCE NUMBER 99-12 REGARDING HOLIDAYS,
PERSONAL LEAVE, PAY UPON PERMANENT
TRANSFER, AND GROUP BENEFITS; PROVIDING FOR
SEVERABILITY; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Ocoee desires to amend the personnel
policies and regulations for the administration of personnel matters within the City of Ocoee;
and
WHEREAS, the City Commission of the City of Ocoee believes that it is important to
provide for the proper and equitable treatment of City employees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority.
A. 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 Section 8.02. Section 8.02 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
8.02 Eligibility for Holiday Pay
A. All holidays earned must be taken as time off or paid on the same day
that it is earned.
006 236926.1
B. An employee must be on an approved leave for or work the normal
schedule of hours, on the regularly scheduled working day immediately
prior to and immediately following a holiday, in order to qualify for the
holiday time or pay. Absences not approved in advance, including sick
call in's may not be approved depending on whether the employee's
excuse and verification of the reason for the absence are acceptable to
management, which, may at its option, require a doctor's excuse as well
as any other evidence it deems necessary.
C. Holiday Pay
1. Full-time non-exempt employees, except those on a 24/48
schedule in the Fire Department shall be eight (8) hours at their
straight time hourly rate.
2. Part-time employees who are assigned a regular schedule of more
than twenty (20) but less than forty (40) hours a week, shall
receive four (4) hours at their regular hourly rate provided they
meet the requirements of Section 8.02(B) above. These
employees shall not be afforded the two (2) Personal Days
(Floating Holidays).
D. When a non-exempt employee who is not on a 24/48 hour schedule
within the Fire Department works on a scheduled holiday, the employee
shall receive holiday pay, if he/she meets the eligibility requirements,
plus his/her regular pay for the hours worked. (Straight or overtime
depending on whether the time worked is over forty (40) hours).
E. When an employee is scheduled to work on a holiday but fails to do so,
the employee will not receive holiday pay even if the employee is
otherwise eligible for holiday pay.
F. The intent of Personal Holidays is to allow the employee a non
designated holiday for personal use. Personal Holidays should be
scheduled as far in advance as possible, but not less than one (1) work
day in advance unless the reason for the personal holiday was unknown
and is an emergency. The City retains the right to schedule personal
holidays to meet operational needs.
G. Personal Holidays shall not be accrued or taken in hourly increments.
H. Personal Holidays must be used within the fiscal year. Employees failing
to use their Personal Holidays will forfeit the holidays.
0e6236926.1 -2-
L... Employes must com.lete their initial one- ear nrobationary_per od_in_order
to quali for the Personal Days (Floating Holidays).
SECTION 3. Amendment to Section 9.02. Section 9.02 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
9.02 Use of Leave
Personal leave may be requested for the following scheduled purposes:
A. Vacation leave.
B. Medical, dental and optical treatment which is necessary during
working hours.
C. Absences for transaction of personal business which cannot be
conducted during off duty hours.
D. Holidays other than those designated by the City Commission as
official holidays.
E. Employees who become sick on vacation leave may shall use sick
leave for such period of illness but must present a doctor's
certificate.
F. Caring for immediate family members who are ill as defined in
Section 10.05.
G. Maternity/Paternity Leave.
H. To supplement FMLA leave, STD, LTD or worker's
compensation, but only to the extent necessary to make up the
difference in all compensation received from any source and the
employee's straight time weekly earnings; provided, however, the
eighty (80) hours for vacation under 9.06(B) cannot be used for
any purpose except vacations.
006.236926.1 -3-
SECTION 4. Amendment to Section 9.04. Section 9.04 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
9.04 Request for Personal Leave - Vacation
A. For that portion of scheduled leave that is vacation, a minimum
of two weeks advance notice is required. Emergency requests for
vacation leave may be granted unless scheduling or work
commitments preclude permitting the leave.
B. In the case of two or more employees requesting leave for the
same time period, the vacation will be awarded as follows:
1. When employees in the same department holding the same
rank or same classification seek the same vacation period,
the award shall be governed by the job classification and,
if necessary, by length of service within the Department.
2. If an employee transfers to another department with the
same rank or classification, the length of service will be
the date of the transfer.
C. Department Directors should prepare a yearly schedule for
vacation leave to enable all employees within the department an
opportunity to plan scheduled time away from the City.
D. Personal leave time taken as vacation must not be taken in more than
a two (2) week (80 hour ck) blo or five (5Department
shifts for Fire Departme
T
e_ployees on a Section 7(k) schedule Emnlo ees requiring more
than a two (2) week (80 hour) block m ust__have prior approval from
the_Cit
SECTION 5. Amendment to Section 9.06. Section 9.06 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
006.236926.1 -4
9.06 Accrual of Leave
A. Full-time employees earn personal leave as follows:
One through five years of service - 6.78 hours bi-weekly
(176.28 hours per year)
Six through fifteen years of service - 8.31 hours bi-weekly
(216.06 hours per year)
Sixteen years + - 9.85 hours bi-weekly
(256.10 hours per year)
B. A full-time employee can accrue up to 360 hours of personal leave. In all
cases, employees must take a minimum of--80 number of hours personal
leave combined (siek-and vacation) each fiscal year based on years of
service as follows:
Upon completion of one year & through five years of service - 80
hours
Upon completion of six years & through fifteen years of service-120
hours
Upon completion of sixteen years & over -160
hours
To the extent the employee did not take 80 the required number of hours
personal leave combined (sick and vacation) as shown above ,up to 80
the required number of hours will be automatically deducted from the
employee's personal leave bank on September 30 each year unless the
employee was absent during the fiscal year, thirty (30) forty-five (45j or
more work days for verified sickness or injury.
C. All personal leave over 360 hours on September 30 shall be reimbursed
to the employee in the first pay period in December of each calendar
year.
D n n emp e ee he does .se an. persona lea. . .. ihin his/her . ear of
foss sick sh.u _ o (m additional p nal
days-t
,. b.. .dded to his her per nal o
SECTION 6. Amendment to Section 9.09. Section 9.09 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
606.236926.1 -5-
9.09 Personal Leave Due to Sickness/Injury
A. Personal Leave due to sickness/injury which is not covered by the
Family Medical Leave Act or the City STD or LTD Policy may be
approved under same conditions as provided in Section 9.03 and
9.05(B).
B. Many slight injuries and sickness may prohibit the performance of
regularly assigned duties; however, there may he other duties that such
employees may be able to perform. Providing the physician states that
"light duty" work is acceptable, the employee may, at the City's option,
report for assignment. Duties may be assigned as the health and
condition of the employee permits only in cases where bona-fide jobs or
duties are available. In addition, such assignments will be allowed only
when the City determines that the employee can, in fact, be productively
employed at "light duty."
C. In addition to the request and approval requirements of 9.03 and 9.05, if,
and whenever, sick leave may appear to be abused, or where an
employee consistently uses sick leave as it is earned, the employee
claiming/requesting such sick leave may be required to furnish competent
proof of the necessity for such absence. The City reserves the right in all
cases of illness, or reported illness, to require the employee to furnish a
doctor's certificate or other evidence satisfactory to the City. Abuse of
sick leave privileges shall constitute grounds for disciplinary action up to
and including termination.
D. The City requires a doctor's release to return to work following surgery
or use of three consecutive sick days for all employees except two
consecutive shifts for Fire Department personnel on a Section 7(k)
schedule.
E. Sick leave is a privilege and as stated above is not to be abused.
SECTION 7. Amendment to Section 12.09. Section 12.09 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
12.09 Pay Upon Permanent Transfer
006 236926.1 -6-
A. When an employee is permanently transferred into another job
classification within the same pay grade, neither the employee's pay nor
anniversary date shall be changed.
B. When an employee is permanently transferred to a job classification in a
different pay grade, a transfer into a job in a higher pay grade shall be
treated as if it were a promotion under Section 12.06.
C. When an employee for physical reasons, supported by documentation, is
permanently transferred to a job classification in a different pay grade, a
transfer into a job in a lower pay grade, which is not as a result of a
disciplinary demotion, the employee shall receive the same pay rate but
shall not exceed the maximum in the lower pay grade.
D. When an employee is oermanen_tly transferred to a job classification in a
different a rade a transfer into a 'ob in a lower a rade shall be
treated as if it were a demotion under Section 12.07 whether voluntary
or involuntary, except aprovided in Section 12.09 (C) above.
SECTION 8. Amendment to Section 13.01. Section 13.01 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
13.01 Smoking Policy
A. Policy
The purpose of this policy is to protect the public health, comfort, and
environment for citizens and employees by creating areas in public
places and at public meetings that are reasonably free from tobacco
smoke, and to comply with the Florida Clean Air Act.
B. Procedure
1. No person may smoke or use any tobacco products (chew, snuff,
etc. in any City of Ocoee building or facility or vehicle. This
includes, but is not limited to, private offices, hallways, rest
rooms, conference rooms and break rooms, even with only one
occupant.
006.236926.1 -�
2. Smoking—is Tobacco products are permitted outdoors except for
the following conditions:
A. Whenever a safety hazard exists;
B. In any area where smoking is specifically prohibited by
Federal, State, County or City Ordinance;
C. In any area posted "No Smoking."
3. The City Manager shall be responsible for ensuring City-wide
implementation of this policy. Department Directors and
supervisors shall be responsible for uniform implementation of
this policy in their respective work areas, facilities and buildings.
4. Violation of this policy shall subject the employee to disciplinary
action to to and including termination.
5. Citizens, clients, contractors and visitors to City facilities shall be
expected to comply with this policy. Violators shall be requested
to extinguish their smoking material and remove other tobacco
ron ducts or to leave the building/facility area if they refuse to do
so.
SECTION 9. Amendment to Section 13.05. Section 13.05 of the CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number
99-12 is hereby amended to read as follows (with additions double-underlined and deletions
stricken):
13.05 Group Medical, Dental/Vision, Life Insurance
A. The City provides group medical, dental, vision and life insurance
protection for its employees who are classified as full-time. All benefits
provided, coverages, and employee premium contributions are
determined during each annual budget.. Benefits provided are explained
at the time of employment. A booklet describing eligibility, benefits,
dependent coverage, employee premium contributions, coverages and all
other questions are available for all employees in the Human Resources
Office.
B. These forms of insurance are available for the dependents of eligible
employees but they must pay all or a portion of the premium for
006 236926.1 -8
dependent coverage through payroll deductions, which shall be
determined durin each annual budget. However. all employees hired on
or after 10/1/01 shall be responsible for 100% of the premium for
dependent coverage on all insurances. Details of the employee premium
costs for dependent coverage are available in the Human Resources
Office.
C. The City provides or makes available short and long term disability
insurance for certain employees as provided in Section 10.07.
D. Employees must notify the Human Resources Office within thirty (30)
days if they changed their marital or dependent status so that the steps
necessary to change insurance coverage may be completed.
E. Notification of any change of status is the employee's responsibility.
F. Employees are responsible to file their own claims. Assistance may be
sought from the Human Resources Office.
SECTION 10. 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 portion shall he deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 11. Conflicts. All ordinances and resolution, or parts of ordinances
and resolutions, in conflict herewith are hereby repealed and rescinded.
SECTION 12. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2001.
006.236926.1 -9-
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA; ADVERTISED November 8, 2001
APPROVED AS TO FORM AND READ FIRST TIME November 6, 2001
LEGALITY this day of ,2001. READ SECOND TIME AND ADOPTED
, 2001
FOLEY & LARDNER UNDER AGENDA ITEM NO.
By:
City Attorney
006.236926.1 -10-
Copy of Public Hearing Advertisement
Date Published
Or1.. do Sentinel THURSDAY. p!OVFv!GPSH Y101 K5
Advertisement
MICE OF naLl<HEARING•
<m OFOCOEE
Notice is hereby given pursuant to
th State eI°Flor`da°andl Section
166.041, Florida Statutes, mat/he
Ocoee
hen Commission
ng In lthe Comlmiseon
Chambers,City Hall.localed at 150
N.Lakeshore Drive,Ocoee,Florida
during°regwor session la be held
on
November
tthherreealgerl as tlosssible in
order to consider me adoption of
the following ordinance:
ORDINANCE NO.2001.32
AN ORDINANCE OF 1HE MN OF OCOEE.
FLORIDA Hamm tO PERSONNEL RULES
AND REGULATIONS FOR THE CITY OF
OCOEE:AMENDING ORDINANCE NUMBER
90.11 REGARDING HOLIDAYS.PERSONAL
LEAVE,PAY UPON PERMANENT TRANS-
FER,AND GROUP BENEFITS;PROVIDING
FOR FIANCES INACON CTERHEPEMITH PROVID-
ING AN EFFECTIVE DATE.
Interested parties may appear°t
the meeting and be heard with re-
ofno the proposed action.A copy
me proposed ordinance mar be
examined in the office of the City
Clerk at City Noll.lSO N.Lakeshore
Drive,Ocoee Florida. between the
Monddaylthrough rriaoy sexcept le-
NOTICE: AAnr who desires
to appeal any Person
made by
Coission with respect to a
molter considered aiSuch meeting
will need a record of he proceed
toeand for such pirp°se may need
ensure that a verbatim record of
Me geeing is made,w
re-
cord c d iludes The testimony ono an-
idence upon
based Persons ...AM
ee°lof oncoe eedingrss iboSiahloiluid
Contact the Office of the City Clerk,
150 N. Lakeshore Drive,Ocoee,FL
31761, I10719053105,IB hours in ad
',once of the meeling.
Jean Gratlon,City Clerk
November B.2001
1