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HomeMy WebLinkAboutOrdinance 97-05 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 DISCIPLINARY ACTION/TERMINATION AND AMENDING SECTION 16 OF EXHIBIT "A" THERETO RELATING TO GRIEV ANCE 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 Discivlinary 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 portion shall 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. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this d /Vday of (SEAL) fOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this '0 \ day of 1];t\JM'1 'I 1997 FOLE~ LARDr'~ II J by: ' dJ~t~ City Attorney - :.J A/Vv ~r 1997. APPROVED: CIT~ OL~,!OCOEU" LORID,A, ' 1-1- . - vVl I I S. Scott Vandergrift, Mayor Advertised January 9, 1997 Read First Time January 7, 1997 Read Second Time and Adopted JItVtJA ~I ~ I , 1997 Under Agenda tern No. V A . Section 1 to ORDINANCE NO. 97-05 SECTION 15 DISCIPLINARY ACTION/TERMINATION and SECTION 16 GIDEVANCEPROCEDURE LANGUAGE THAT HAS BEEN ADDED HAS BEEN SHADED IN LANGUAGE THAT HAS BEEN DELETED HAS BEEN STRICKEN THROUGH ......................................... ..S...HAD..................E....m................Z....N...... . . ..... .. ..... ... . .. . .. ........ . . . . .. .. . . . .. .' . . . . .... ............ . . .. ... . ......... . .. .. . . . . . . . . . . . . . . ......................................... .................................................................................. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... CTRICKEN 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 reprimand, 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. ~ Adopted 10-5-93 Revised determining the diocipline to be utilized in il pilrticulilr CCloe, milnilgement ohCll1 conoider the oeveri tl' of the offenoe, the coot invol'v'ed, the time inter.rClI bet\;reen violiltiono of oimilClr or other ruleD of conduct, the employee' 0 ".;ork record, the employee' 0 length of oervice ~;rith the City, the employee'o overilll villue to the City, the ilbilitl' of the employee concerned Clnd other filctoro ClO mill' beilr on the efficient Clnd hilrmoniouo operiltiono of the gO'v'ernment. While il more Devere penill ty thiln ouggeoted in Cection 15.03 milY be utilized, the milnilgeriClI employee .;rho doeo not utilize the recomfRended penillty of il Croup I offenoe ohCll1 note in ".;riting the reiloon for ouch ilction. 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 Disciplinarv 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 with documentation, written warning, suspension without pay, demotion, or any combination of same, the employee shall be notified in writing of the action taken and a copy of such notice shall be retained by the Personnel Office for placement in the employee's personnel file. 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 penalties are set forth below; however, the concerning application as set forth in Section apply: recommended principles 15.01 shall GROUP I OFFENSES Fourth Offense Documented verbal warning Written warning Up to ten (10) working days suspension without pay Termination First Offense Second Offense Third Offense (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, assigned work permission. wasting time, area during loitering, or working hours leaving without (4) Taking more than specified time for meals or rest periods. (5 ) !,~~~:,'~!!:!:~ o[:no~aurcdt.i vi ty or competency io leoo th;J.n (6) Sleeping on the job unless authorized. (7) Reporting to work or working while unfit for duty, either ii:~~~:ilii$.:i::ii@lii~itl:;L':ii~:;:~ii:~:~:illllll:1111111111111111111111 *P:~:~W8~::::::::mH:i::m:::pg;:::.:~gEF:@:~9r:"""'"......................................................................... (8) Posting or removal of any material on bulletin boards or City property relating to Section 4.05 (D) unless authorized by the City Manager. (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. (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 Ruleo &. Regulationo or Departmental C. O. ['. ' 0 for ~hich diociplinary action may be the. penalty GROUP II OFFENSES First Offense - Utr bo 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, performance of duty. or negligence in the (4) Conviction of a non- felony criminal offense or any felony. (5) Being under the influence of intoxicating liquor, drugo, or barbiturClteo (not preocribed by a doctor) I.;hile on duty or ....hile on or in City property. :K5J+f6"'t'" Unauthorized absences or abuse of leave privileges. :m:timr4-f+ Use of official position for personal advantage. ,J7l:K-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. HOUH-9i-'" Deliberately or negligently misusing, destroying, or damaging any City property or property of an employee. :':Cli[h+~B+ 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. i~:+:Qt~ Making false claims or misrepresentation in an attempt to obtain sickness or accident benefits, or workers' compensation. nbt.:x~ Insubordination or the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor. nti2W4+3+ Unauthorized use or possession ~ @p display of fi~~ iiii::~:::~i:ii~iiliii'~mi:iiii:iiiii~:.::tiljffiLf~:::::::Iii:::::ml!i. propert y ~~: :tt.a:::~~ Removal of City property or any employee's property from City locations without proper authorization; theft of City property or any employee's property. :t:t.:41~ Failure to return from an authorized leave of absence. %xslH-3:..6-t- 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. ::~*:w:~:~ Absent without permission or leave (A.W.O.L.). .{[qJ'~ 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. :mjM~IH-3:-9+ ~;ii;ti~~al~I,.,idii !"~:~I!.':"BI!""!!:!:~!~f"::::!:~~:!~:'~~::::::gt~:::::2":?f:~'~O:;':"~~g!' while operating or riding in or on City equipment. :::~:+:{M+~ Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the City. (2:0'1~ 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. :::(g::i:):~ Discourteous, insulting , abusive, or inflammatory language or conduct toward the public or co-workers. Adopted 10-5-93 Revised nig;!J~ Improper racial or sexual comments, harassment or acts directed to any City employee or the general public. :::t2S:Y-f..24-t- Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time, including abusive language. :(~f4.1+f~..5-t- Provoking or instigating a fight or fighting while on duty. il.J.:~ 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 any disciplinary measures taken against him/her UnQ.1m#ir1'I;:Ag _'~_~1I_ .............. ............... .......................................... .......................................... .................. . B. Only permanent employees are eligible to file appeals or grievances under this procedure. Probationary employees i::~~~:;Xii!~~~~:~~!!fe~i;~~~ U'hder...:.:.:.f]ils section but shall in case of demotion and termination be entitled to pre andz:qim post action hearings under Section 16.04............ 16.02 Grievance Procedure In order to assure every employee a method 4ft my which the employee can get a particular grievance considered rapidly, fairly, and without reprisal, the following steps are provided: STEP 1 ;!!E!!Y:~:!:!! 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 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. The Department Director:~:::::;:pJi:;:;:P.)~:$.:Ani!).::t::o;~$.$.:gn.~f~]:: shall meet wi th the employee wi thIn threoe:o:o:o:o::o:r:3")" HwO"fklngO days after ~;~:%~~:~:::::::::@;~$.:~~@:i:yies~a~cle . gi ::e a D~~~~~:~nta~~:~ct~~;0::2:~' OempI6yOeoe-HwIEhIrioHH three (3) working days after the scheduled meeting. SmEJif: :e. t:.::!::::::::::=;mS~:I=:=9.~~:f.i.:~~~::::::::#':'~9.]:::::::~r?(i~~P.\~!i:li:#.:j]~:;lg:::::~9):::~~i@~:!g T:\o Adopted 10-5-93 Revised Adopted 10-5-93 Revised E..~.. Adopted 10-5-93 Revised 16.03 General provisions A. The time limits of this B. 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 I s response at the completion of any step I unless it is appealed within the time limits set forth. E. Adopted 10-5-93 Revised F. fonmrded to eR. 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. HP. 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 ::..and Termination Permanent employeeo ohall be afforded procedural due proceoo ao required by 1m;. Adopted 10-5-93 Revised Adopted 10-5-93 Revised