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HomeMy WebLinkAboutVI (B4) Ordinance 2002-09 Revising City of Ocoee Personnel Rules and Regulations Agenda 3-19-20(12 Item VI B4 "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER O\ Ocoee S.SCOTT VANDERGRIFT �� #�o CITY OF OCOEE COMMISSIONERS ly POI a DANNY HOWELL v 150 N. LAKESHORE DRIVE o SCOTT ANDERSON Q cs OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON ye �N',`a (407) 905-3100 COMMISSIONERS J.PARKER Of GOOD CITY MANAGER JIM GLEASON TO: THE HONORABLE MAYOR AND MEMBERS OF THE//COMMISSION FROM: FRAN DIEDRICH, HUMAN RESOURCES DIRECTOR( DATE: MARCH 5, 2002 SUBJECT: REVISIONS TO PERSONNEL RULES & REGULATIONS SECTION 8, SECTION 13, & SECTION 16 At this time we respectfully request acceptance of Ordinance 2002-09 revising City of Ocoee Personnel Rules and Regulations Section 8.02 regarding Personal Holidays, Section 13.11 regarding the Educational Incentive Program, Section 13.17 C. regarding Moving Traffic Violation, and Section 16.02 regarding Grievance Procedure. For the purpose of understanding what has been revised or added, the following format has been submitted: Additions are double-underlined and in hold. Deletions are skisken-through . c. Jim Gleason, City Manager Jean Grafton, City Clerk r) \ C , POINT' ORDINANCE NO. 2002-09 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 PERSONAL HOLIDAYS, MOVING TRAFFIC VIOLATIONS, AND THE GRIEVANCE PROCEDURE; 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. 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 Eligibility for Holiday Pay of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby amended to read as follows (with additions double-underlined and deletions stricken): 006 236926.1 8.02 Eligibility for Holiday Pay C. Holiday Pay l. 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. Personal Holidays may not be used for purposes of sick leave. H. Personal Holidays must be used within the fiscal year. Employees failing to use their Personal Holidays will forfeit the holidays. I. Employees must complete their initial one-year probationary period in order to qualify for the Personal Days (Floating Holidays). SECTION 3. Amendment to Section 13.17. Section 13 Miscellaneous Policies and Benefits of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS 006 236926.1 -Z as adopted by Ordinance Number 99-12 and amended by Ordinance Number 2001-32 is hereby amended to read as follows: 13.17 DUI, DWI and Moving Traffic Violations C. Moving Violations 1. The official Florida State driving record of all employees under F.S. Section 322 shall be reviewed by the City from time to time. If, upon such review, an employee's record reveals seven ten or more points under F.S. Section 322.27 within the past three (3) years as a result of moving traffic violations, the employee shall be removed from his/her driving position. 2. Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he/she is qualified; however, he/she shall be given no preferential treatment because he/she is a City employee. If the employee is not offered a non-driving job within thirty (30) days of his/her removal from the driving position, he/she shall be terminated. If the employee is offered and accepts a non- driving job within thirty (30) days, the employee's service record will remain unbroken. 3. An employee placed in a non-driving position or an ex-employee terminated pursuant to paragraph (2) above may not reapply for a driving job, unless and until upon periodic review of the driving records of all employees by the City, the employee's official Florida State driving record establishes that the employee does not have .,..>,,,n (7) ten (10) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the City review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs will be given no preference but if otherwise qualified will be considered along with all qualified applicants, and their past conviction of moving traffic violations will be considered along with job related factors. 4. An employee who is removed from a driving position on two different occasions as a result of the application of this Section, shall be permanently barred from a driving position with the City. 5. Employees who have never held a driving position with the City and applicants for employment who have revel (7) ten (10) or more points for moving violations at the time they apply for driving positions shall 006 236926.1 -3- not be considered. If such employees and applicants do not have seven (7) ten (10) or more points at the time of their application, their official Florida State driving record will be considered along with other job related factors. 6. Employees are obligated to inform the City of Drivers License suspension or revocation for any reason. Employees whose job description requires a valid Driver's License are obligated to shall maintain a valid Florida Drivers License., Failure failure to do so will result in disciplinary action. Employees in driving positions who have suspensions or revocation are considered unqualified for that position and may be reassigned to a non-driving position or terminated if no vacancy exists. SECTION 4. Amendment to Section 16.02.C. Section 16.02 Grievance Procedure of the CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS as adopted by Ordinance Number 99-12 is hereby amended to read as follows: 16.02 Grievance Procedure Step 3 - Hearing Committee C. Hearing Committee and Procedure Relating to the Hearing Committee 1. Selection of Hearing Committee The Hearing Committee will be composed of four (4) members and four (4) alternates elected in accordance with the following: A. The full-time employees and supervisors of each of the following four (4) areas shall elect members and alternates to the Hearing Committee as follows: Members Alternates Area I. City Hall/Recreation 1 I Area 2. Fire/Police I 1 Area 3. Public Works 1 1 Area 4. Utilities Department 1 1 006.236926.1 -4 B. Employees represented by a PERC certified bargaining agent shall not be eligible to vote on selection of Hearing Committee members or alternates. C. Members and alternates shall serve one-(1) two (2)year terms but there shall be no limit on the number of terms they serve. Employees may serve on other Committees while serving on the Hearing Committee. D. The election shall be held during the first two (2) weeks of December of each year at a time set by the City Clerk. E. In the event a bargaining unit employee elects to process a grievance under this Section, the elected Hearing Committee member or alternate from the relating Area will be replaced by a bargaining unit employee selected by the certified bargaining agent from the department in which the grievant works unless the certified bargaining agent fails to notify the Director of Human Resources in writing within three (3) working days after the response of the Department Director in Step 2 of the name of the bargaining unit member selected to serve. SECTION 5. 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 be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 6. Conflicts. All ordinances and resolution, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. 006.236926.1 -5- PASSED AND ADOPTED this day of , 2002. 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 March 7, 2002 APPROVED AS TO FORM AND READ FIRST TIME March 5, 2002 LEGALITY this day of ,2002. READ SECOND TIME AND ADOPTED , 2002 FOLEY & LARDNER UNDER AGENDA ITEM NO. By: City Attorney -6-006 236926.1