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HomeMy WebLinkAboutVI (D) Second Reading of Ordinance No. 2002-14, Revisions to Personnel Rules and Regulations Regarding military Leave Agenda 4-16-2002 Item VI D "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•UOMMISSIONER or Ocoee S.SCOTT VANDERGRIFT imp a\o CITY OF OCOEE COMMISSIONERS a 150 N. LAKESHORE DRIVE DANNY ANDERSONHOWELL o SCOTT _\ 5 OCOEE, FLORIDA34761-2258 RUSTY YJ HNSON ARKER Of GOO CITY MANAGER JIM GLEASON TO: THE HONORABLE MAYOR AND MEMBERS OF THE ,COMMISSION FROM: FRAN DIEDRICH, HUMAN RESOURCES DIRECTOR d0 DATE: APRIL 2, 2002 SUBJECT: REVISIONS TO PERSONNEL RULES & REGULATIONS SECTION 10 At this time we respectfully request acceptance of Ordinance 2002-14 revising City of Ocoee Personnel Rules and Regulations Section 10.04 regarding Military Leave in order to fairly address pay issues for employees in the armed forces reserves called to active military duty. For the purpose of understanding what has been revised or added, the following format has been submitted. Additions are double-underlined and in bold. Deletions are c. Jim Gleason, City Manager POwr 10.04 Military Leave A. Regular employees who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval services or members of the Florida State National Guard, shall be entitled to leave of absence from their respective duties without loss of pay, time, or efficiency rating, for such time as they shall be ordered to military service or field training in an active duty or active duty for training status, for a period not to exceed seventeen (17) days in any one annual period. B. The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two (2) weeks in advance. C. Regular employees who are members of the Armed Forces Reserve or Florida National Guard shall be excused from work without pay to attend inactive duty training drills as required. Evidence of membership in the applicable organization shall be provided to the department by the employee. Requests for absences from work can be made by the employee either orally or in writing. The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. Except upon declaration of civil emergency conditions, if there is a conflict between departmental scheduling and required military training, the department will make every effort to excuse the employee from work. D. Regular employees in the National Guard or a reserve component of th Armed Forces of the United States will be granted a leave of absence from eir respective positions to perform active military ervice. the first calendar days of any such leave of shunt to he with full pay. For pay Durposes, employees will be treated as thoueh they were reoortin o work durine this initial thirty (301 day period. E. Regular employees in the National Guard or reserve component of the Armed Forces assigned to active military duty fora period exceedine 30 d vs._will receive the difference between the emSvee's total ndlitary remuneration and normal City waees for a period not to exceed five (51 months. If the employee has accrued personal leave hours, those Atcraah will he used first when Dayine the difference between the employee's total ilitary remuneration and normal City waees up to a maximum for fiv ( 1 months. The employee's insurances will be continued for a maximum of five (5) months at no cost to the employee. Employees will not accrue personal leave during an absence for active military service. F. It is the employee's responsibility to provide their supervisor with documentation from the military,which states their base nay and allowances IXG, In the event an employee is drafted into military service, the employee will be eligible for reemployment with the City upon completion of their military obligation nd successful completion of a return to duty ohvsical in accordance with applicable law. ORDINANCE NO. 2002-14 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 MILITARY LEAVE; 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 WIIEREAS, 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 10 04. Section 10.04 Military Leave 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): 10.04 Military Leave A. Regular employees who are commissioned reserve officers or reserve enlisted personnel in the United States military or naval services or members of the Florida State National Guard, shall be entitled to leave of absence from their respective duties without loss of pay, time, or efficiency rating, for such time as they shall be ordered to military service or field training in an active duty or active duty for training status, for a period not to exceed seventeen (17) days in any one annual period. 006 236926.1 B. The employee shall be required to submit an order or statement from the appropriate military commander as evidence of any such duty. Such order or statement must accompany the formal request for military leave at least two (2) weeks in advance. C. Regular employees who are members of the Armed Forces Reserve or Florida National Guard shall be excused from work without pay to attend inactive duty training drills as required. Evidence of membership in the applicable organization shall be provided to the department by the employee. Requests for absences from work can be made by the employee either orally or in writing. The submission of the applicable Reserve or National Guard training schedule will satisfy this requirement. Except upon declaration of civil emergency conditions, if there is a conflict between departmental scheduling and required military training, the department will make every effort to excuse the employee from work. D. Regular employees in the National Guard or a reserve component of the Armed Forces of the United States will be granted a leave of absence from their respective positions to perform active military service, the first 30 calendar dayffony_such leave of absence to be_v ith full pay. For Day purposes, employees will be treated as though they were reporting to work during this initial thirty (30).day period. E. Regular employees in the National Guard or reserve component of the Armed Forces assigned to active military_dutv_for.a period exceeding 30 days, will receive the difference between the employee's total military remuneration and normal.City wages for a_period not to exceed five (5) months. If the employee has accrued personal leave hours.those accruals will be used firs wl npaying the difference between the employee's total militaruneration and normal City wines uploa maximum for five_(5) mon h_ Them l _ insurances will be continued for a maximum of five (5) months at no cost to the employee. Epitoes will not accrue personal leave during an absence for.active mihtary_service,_ F. It is the employee's responsibility to provide their supervisor with docsunentation from thentilitary, which states their base pay_and allowances._ D:cy In the event an employee is drafted into military service, the employee will be eligible for reemployment with the City upon completion of their military obligation and successful completion of a return to duty physical in accordance with applicable law. 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 006.236926.1 -2- 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. 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 April 4. 2002 APPROVED AS TO FORM AND READ FIRST TIME April 2, 2002 LEGALITY this day of ,2002. READ SECOND TIME AND ADOPTED , 2002 FOLEY & LARDNER UNDER AGENDA ITEM NO. By: City Attorney 006.236926.1 "3-