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HomeMy WebLinkAboutOrdinance 93-18 ORDINANCE NO. 93-18 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO PERSONNEL RULES AND REGULATIONS; REPEALING ORDINANCE NUMBERS 821, 856, 934, 89-44, 90-16 AND 90-23; ADOPTING AND APPROVING THE CITY OF OCOEE PERSONNEL RULES AND REGULA TIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee desires to provide for the most current 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. Short Title and Authority. A. This Ordinance shall be known and may be cited as the "CITY OF OCOEE PERSONNEL RULES AND REGULATIONS II . B. 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. Repeal of Ordinance Numbers 821. 856. 934. 89-44. 90-16 and 90-23. City of Ocoee Ordinance Numbers 821, 856, 934, 89-44, 90-16 and 90-23 and all other ordinances adopting personnel rules and regulations are hereby repealed in their entirety. SECTION 3. Adoption of City of Ocoee Personnel Rules and Re~lations. The City Commission of the City of Ocoee, Florida, hereby adopts and approves the CITY OF OCOEE PERSONNEL RULES AND REGULATIONS as set forth in Exhibit" A" attached hereto and by this reference made a part hereof. SECTION 4. 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 5. Conflicts. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict herewith are hereby repealed and rescinded. SECTION 6. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this i:r.H.. day of OC-\OBE.R. , 1993. APPROVED: CITY OF OCOEE, FLORIDA '\ ~~.> - . ~..o\! , S. Scott Vandergrift, Mayo j (SEAL) ADVERTISED September 23 , 1993 READ FIRST TIME Sept. 21, 1993 READ SECOND TIME AND ADOPTED 0 c:r II BE R. 5 , 1993, UNDER AGENDA ITEM NO.~. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this 5.f\ day of ~, 1993. FOLEY & LARDNER rJt0 S- (~ By: City Attorney C:\WP51\OOCS\OCOE\ORDlNANC 1911fJ193118W0151 DPB:dp 2 Exhibit A CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS SECTION 1.01 1.02 1.03 1.04 1.05 SECTION SECTION 3.01 3.02 SECTION 4.01 4.02 4.03 4.04 4.05 4.06 SECTION 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS TABLE OF CONTENTS 1 GENERAL PROVISIONS 1 Purpose positions Covered Administration Amendments Department policies 1 1 1 1 2 2 DEFINITION OF TERMS 3 3 POLICY STATEMENT 6 Policy of the City Equal opportunity & Non-Discrimination 6 7 4 STANDARD OF CONDUCT 9 Conflict of Interest Political Activity Employment of Relatives Outside-Employment Solicitation and Distribution Use of City Property 9 9 10 11 11 12 5 RECRUITMENT AND APPLICATIONS 13 Recruitment Request for Personnel Notice of Vacancies Applications Basis for Employment References Rejection of Unqualified Applications Processing Applicants Employment of Physically Challenged Veterans' Preference in Selection Employment of Family Members 13 13 13 13 13 14 14 14 15 15 15 SECTION 6.01 6.02 6.03 6.04 6.05 SECTION 7.01 7.02 7.03 7.04 7.05 7.D6 SECTION 8.01 8.02 8.03 SECTION 9.01 9.02 9.03 9.04 9.05 9.06 9.07 9.08 SECTION 10.01 10.02 10.03 10.04 10.05 10.06 10.07 6 TYPES OF APPOINTMENT AND CHANGES IN EMPLOYMENT STATUS 17 New Employees Transfers Promotions Demotion ReemploYment 17 17 18 19 19 7 WORK SCHEDULES 21 Basic Work Schedule Attendance Overtime Permit Assignment Flex Scheduling CallOut Pay 21 21 21 22 23 23 8 HOLIDAYS 25 Days Observed Eligibility for Holiday Pay Holiday Pay - Rotating Shifts 25 25 26 9 PERSONAL LEAVE 27 Eligibility Use of Leave Request for Personal Leave - Vacation Accrual of Leave Charging Leave PaYment - Unused Leave Unscheduled Personal Leave Reporting Personal Leave - sick 27 27 27 28 28 28 28 29 10 LEAVE OF ABSENCE 30 Bereavement Leave Court Leave Conference Leave/Travel Policy Military Leave FamilyjMaternity/and Adoptive Leave Extended Employee Disability Leave Personal Leave without Pay 30 30 30 34 34 36 37 SECTION 11.01 11.02 11.03 11.04 11.05 11.06 11.07 11.08 SECTION 12.01 12.02 12.03 12.04 12..05 12.06 12.07 12.08 12.09 SECTION 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 13.10 13.11 13.12 13.13 13.14 13.15 13.16 13.17 13.18 SECTION 14.01 14.02 14.03 14.04 14.05 14.06 11 POSITION CLASSIFICATION PLAN 38 Purpose Use Content Administration Allocation of Positions position Studies Reclassification position control 38 38 38 38 39 39 40 40 12 PAY PLAN & STARTING RATES 41 Purpose Content Administration Starting Rates Performance Salary Increases Promotion Demotion Temporary Assignment Longevity Pay 41 41 41 41 42 42 42 42 43 13 MISCELLANEOUS POLICIES AND BENEFITS 44 Smoking Policy 44 Sexual Harassment Policy 44 Employee Training & Development 47 Performance Evaluation 47 Group Insurance 47 Deductions 48 Pension Plan 48 UnemploYment Compensation 48 Workers' Compensation 48 Death 49 Educational Incentives & Benefits 49 Dress and Appearance 50 Uniforms 51 Lockers, Desks & File Cabinets or Other City Equipment 51 Exit Interviews 51 Return of City Property 52 Furlough of Employees (Reduction of Work Hours) 52 DUI, DWI & Moving Traffic violations 52 14 SEPARATION 56 Types of Separation Resignation Retirement Disability Death Reduction in Force (Layoff) 56 56 56 56 57 57 SECTION 15.01 15.02 15.03 SECTION 16.01 16.02 16.03 16.04 SECTION 17.01 17.02 17.03 SECTION 18.01 18.02 18.03 15 DISCIPLINARY ACTION/TERMINATION 59 Intent Notice of Disciplinary Action Types of Offenses 59 60 60 16 GRIEVANCE PROCEDURE 64 Purpose Grievance Procedure General provisions Termination 64 64 65 66 17 RECORDS AND REPORTS 67 Responsibility Records Records Retention and Disposition 67 67 67 18 SAFETY 68 Accident Prevention Accident Reporting Safety Equipment 68 68 69 SECTION 1 GENERAL PROVISIONS 1.01 Purpose The purpose of these Rules and Regulations is to establish procedures which will serve as policy in administering actions concerning personnel activities. 1.02 Positions Covered A. These Rules and Regulations cover all employees in the municipal government except those who are exempt. Exempt positions are: Mayor and City commissioners City Manager city Attorney Members of Boards and Commissions Personnel employed under the provisions of a contract or governmental grant shall be considered as exempt positions. Methods of appointment, rights and benefits will be determined by the City Manager, unless otherwise specified by the governmental agreement. 1.03 Administration A. The City Manager is responsible for the administration and technical direction of City Personnel Rules and Regulations. B. Department Directors/Supervisors are responsible for the administration of these rules and regulations wi thin their respective Departments/Divisions. 1.04 Amendments A. Amendments to the Personnel Rules and Regulations shall be promulgated by the City Manager and adopted by the City commission. Copies will be posted on City bulletin boards and distributed to all City employees. B. There is established a committee, by the City Manager, from each division of the City of Ocoee for the purpose of reviewing any amendment to the Personnel Rules and Regulations. Suggested amendments are forwarded to the City Manager for approval prior to submission to the City Commission for adoption. 1 1.05 Department policies A. Departmental policies and standard operating procedures will be reduced to writing and submitted to and reviewed by the City Manager for approval. B. Departmental policies and standard operating procedures will serve as supplements to these Rules and Regulations. In the event of conflict in any section, the Personnel Rules and Regulations shall prevail unless the departmental rule has been approved as an exception by the City Manager. C. Approved changes in departmental policies and standard operating procedures shall be posted on the respective bulletin boards and distributed to the affected employees. Employees will be required to initial a master copy indicating receipt of same. 2 SECTION 2 DEFINITION OF TERMS Anniversary Date The date an employee begins emploYment and from which all employee benefits are computed. Appeal A request for review of an alleged grievance submitted or instituted by an employee to higher authority. Classification The act of grouping positions in classes with regard to: duties and responsibilities, requirements as to education, knowledge, experience and ability; tests of fitness, ranges of pay and other job and business related factors. Classification Plan The official or approved system of grouping positions into appropriate classification. Compensation Plan The official schedule of pay assigning rates of pay to each classification. Demotion Assignment of an employee from one classification to another which has a lower maximum rate of pay. Dismissal/Discharge Separation from City emploYment. Employee: 1. Permanent Full~time Employee is any employee who is non- probationary and who works a minimum of forty (40) hours per week, fifty-six for Fire Service Personnel. 2. Permanent Part-time Employee is any non-probationary employee who works less than forty (40) hours per week. 3. A new employee is any employee who has not completed the probationary period and shall not utilize the grievance procedure. 4. Temporary Employee is an employee appointed for a special project or other work of a temporary or transitory nature. 5. Contractual Individual is any person hired for a specific task for a specific period of time at a specific rate of pay, mayor may not receive benefits and shall not utilize the grievance procedure. Furlough is a reduction of work hours and/or work week. Grievance Procedure A detailed procedure established by these rules which provides permanent employees full opportunity to bring to the attention of management, complaints, grievances or situations the employee feels need adjustment or information. 3 Immediate Family Includes spouse, children, parent, brother, sister, grandparents, father-in-law, mother-in-law, son-in-law, daughter-in-law, legal guardian, relative living in the same household, or significant other. (This definition is for the purpose of funeral leave.) Insubordination The refusal to perform work assigned or to comply with written or verbal instructions of a Supervisor. Job Description characteristics. A written description of a job and its general Layoff A reduction of the number of employees due to lack of work or funds. Leave An approved type of absence from work as provided by these rules. May. The word "may" shall be interpreted as permissive. Nepotism - Employees may not work under the immediate supervision of a relative as defined in section 4.03. Overtime Actual hours worked during a work period for which employees receive additional compensation at the rate of time and one-half their regular hourly rate of pay. Pay Increase An increase in compensation established in the compensation plan which may be granted to an employee based on Above Operational performance and effort. Pay Range The salary range which is assigned to a particular classification title expressed as a pay range number. Performance Evaluation A written report of an employee's job performance prepared by immediate supervisor. Probationary Period - A one year period of time provided to allow the city an opportunity to evaluate an employee's performance, ability, and potential and to decide whether or not the employee is to be retained. Promotion Assignment of an employee from one class to another which has a higher maximum rate of pay. Promotion Date Is the date of a promotion and will constitute the new date upon which employees are to be evaluated on an annual basis. Reclassification - A change in classification, title, description and/or pay grade of a job or job classification. Reinstatement good standing. Rehiring of a former employee who resigned in 4 Relative Father, mother, son, daughter, brother, sister, grandparent, uncle, aunt, cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, bother-in-Iaw, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, grandchild. Resignation employment. Act of voluntarily withdrawing from City Retirement Leaving the service of the City upon meeting the requirements set forth in the Retirement Plan. Shall The word "shall" will be interpreted as mandatory. Standby Assignment An assignment made by a supervisor which requires an employee to be available for emergency work on off-duty time which may include nights, weekends, or holidays. Suspension Temporary dismissal from work without pay. Transfer That action in which the employee moves from one position to another with no change in pay grade. Work Week Subj ect to section 7. 01, the normal work week is five (5) days in a seven (7) consecutive day period for permanent full time employees except those employed in the Fire Department who will average 56 hours in a work week. 5 SECTION 3 POLICY STATEMENT 3.01 Policy of the city The City retains the right to expect from its employees compliance with all Personnel Rules and Regulations, state Statutes, and Federal Regulations in the performance of duties, as well as compliance with all safety rules and standards. An employee who violates any of the Rules and Regulations or approved departmental rules or whose performance is unacceptable shall be subject to disciplinary action and/or termination. In accordance with applicable laws, regulations, and provisions of the Personnel Management System, but not limited to the following, the City has the right to: determine the organization of City Government; determine the purpose of each of its units; exercise control and discretion over the organization and efficiency of operations of the City; set standards for services to be offered to the public; manage and direct the employees of the City; hire, examine, classify, promote, train, transfer, assign, schedule and retain employees in positions with the City; suspend, demote, discharge, or take other disciplinary action against employees subject to these rules; increase, reduce, change, modify, or al ter the composition and size of the work force, including the right to relieve employees from duties, or furlough employees from duties, because of lack of work, funds, or other legitimate reasons; determine the location, methods, means and personnel by which operations are to be conducted, including the right to contract and subcontract existing and future work; determine the number of employees to be employed by the City; establish, change, or modify the number, types, and grades of positions or employees assigned to an organization, unit, department or project; 6 establish, change, or modify duties, hours of work, tasks, responsibilities, or requirements within job descriptions in the interest of efficiency, economy, technological change, or operating requirements; take or refuse to take any action allowed by or not prohibited by law for the purpose of attempting to promote the efficient operation of the City government; City employees shall have the right during non-working hours to form, join, and participate in, or to refrain from forming, joining, or participating in any employee organization of their own choosing. city employees shall have the right to be represented by an employee organization of their own choosing, to negotiate collectively through a certified bargaining agent with their public employer in the determination of the terms and conditions of their employment, and to be represented in the determination of grievances arising thereunder. Public employees shall have the right to refrain from exercising the right to be represented. City employees shall not have the right to conduct organizational efforts during working hours nor post organizational material on City property or distribute same material during working hours. City employees shall not use any type of City equipment or City material for organizational effort. The City will not condone any strike, slow-down, picketing or work stoppage which interferes or is likely to interfere with the efficient operation of City affairs engaged in or supported by employees; to do so shall result in immediate termination. 3.02 EQual Opportunity & Non-Discrimination A. There shall be no discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action because of race, color, creed, sex, sexual status, ethnicity, religion, age, national origin, marital status, physically challenged or legal political affiliation. B. Physically challenged persons will be given full consideration for employment in all departments and agencies. Efforts shall be made to employ and retain physically challenged persons in positions where a physical challenge will not impair performance. Physical standards will be fair, reasonable and adapted to the reasonable requirements of jobs. Such standards will be based on complete, factual information regarding working 7 conditions, hazards, and the essential functions of each job. Physical standards will not be used to arbitrarily eliminate the physically challenged persons from consideration. 8 SECTION 4 STANDARD OF CONDUCT 4.01 Conflict of Interest To avoid misunderstandings and conflicts of interest which could arise, the following policy will be adhered to by employees of the City. This policy includes but is not limited to Chapter 112 of the Florida Statutes entitled "Public Employees - Code of Ethics". A. Employees shall not accept any gifts, including Christmas gifts, favors or service. B. Employees shall not use or attempt to use their positions to secure special privileges or exemptions for themselves or others. C. Employees shall not accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by them by reason of their official positions or that by nature of the employment give rise to a public perception of a compromise of duties. D. Employees shall not disclose confidential information gained by reason of their official positions, nor shall they otherwise use such information for their personal gain or benefit. E. If any employees of the City are officers, directors, agents, or members of, or own controlling interests in any corporation, firm, partnership, or other business entity which is subject to the regulation of, or which has substantial business commitments with the city, they shall file a statement to this effect according to State Statutes. F. Employees shall not transact any business in their official capacity with any business entity of which they are an officer, director, agent, or member, or in which they own a controlling interest, excluding civic, charitable, non-profit or religious organizations. 4.02 Political Activitv A. No employees, officials, or other persons shall solicit, orally or by letter, or be in any other manner involved in obtaining any assessments, contributions or services for any political party from any employee during their hours of duty with the City. 9 B. Nothing herein contained shall be construed to restrict the right of the employees to hold membership in and support a political party, to vote as they choose, to express opinions on all poli tical subj ects and candidates, to maintain political neutrality, to attend political meetings after working hours, or to campaign actively during off-duty hours in all areas of political activity. C. Employees who wish to accept or seek election or appointment to political office shall request a leave of absence without pay upon indicating such intention by formal declaration or other evidence of candidacy. D. The use of ci ty of Ocoee equipment or vehicles for political purposes is prohibited. Refer also to section 4.05. 4.03 Emplovment of Relatives A. In accordance with Florida Statute 112.3135 a public official may not appoint, employ, promote, or advance, or advocate for appointment, emploYment, promotion, or advancement, in or to a position in the City or agency in which they are serving or over which they exercise jurisdiction or control any individual who is a relative of the public official. An individual may not be appointed, employed, promoted, or advanced in or to a position in the City if such appointment, emploYment, promotion, or advancement has been advocated by a public official, serving in or exercising jurisdiction (supervision) or control over the City, who is a relative of the individual. (1) "Public official" means an officer, or employee of the City in whom is vested the authority by law, rules, or regulations, or to whom the authority has been delegated, to appoint, employ, promote or advance individuals or to recommend individuals for appointment, emploYment, promotion, or advancement in connection with the emploYment in the City. ( 2 ) "Relative" , wi th respect to a public official, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, or half sister. 10 All employees working under the past policies will be grandfathered into this system. However, under no circumstances will a member of a family be transferred or promoted to a position where that person has the responsibili ty for recommending another relative for promotion or advancement. 4.04 outside-Employment A. Employees are not restricted from engaging in other emploYment during their off duty hours. However, City emploYment shall be considered the primary emploYment and no employee may engage in outside emploYment which would interfere with the interest of the City service. B. Employees sustaining injuries while engaged in outside emplOYment are ineligible to receive benefits under City Workers' Compensation on account of disability resulting from outside emplOYment. C. Equipment of any nature, facilities, vehicles or property of the City shall not be used by employees for outside emplOYment. D. Equipment or property of the City may be used by outside non-profit or civic organizations with written approval of the City Manager. 4.05 Solicitation and Distribution A. Employee contributions to recognized charitable organizations are purely voluntary. No coercion of an employee to make contributions shall be permitted. B. City employees are prohibited from soliciting any other employee of the City for any reason including in support of or in opposition to any labor organization during their working hours or the working hours of the employees sought to be solicited. C. ci ty employees are prohibited from distributing any literature during working hours in any area where City work is performed. D. ci ty employees are prohibited from posting any literature on City bulletin boards or any City property. E. City employees are prohibited from using any city equipment such as but not limited to computers, typewriters, recorders or photo copy machines and paper for purposes of distribution or solicitation. 11 4.06 Use of citv Propertv Employees shall not use City property, equipment, or vehicles except in the performance of official duty, nor permit their use by an unauthorized person, either on or off duty. Employees may be allowed to use vehicles to and from work by permission of the City Manager, on a case by case basis. Refer also to section 4.05. 12 SECTION 5. RECRUITMENT AND APPLICATIONS 5.01 Recruitment Individuals shall be recruited from a geographic area as wide as is necessary to assure obtaining well-qualified persons. In cases where City residents and non-residents are equally qualified for particular vacant positions, City residents shall receive first consideration in filling vacancies. 5.02 Request for Personnel Departments will submit requests to the Personnel Office for persons to fill vacancies and shall include the title of the position to be filled and other information as may be needed. Requests for personnel should be made reasonably far in advance of actual need when circumstances permit. 5.03 Notice of Vacancies A. All vacant positions within the City of Ocoee shall be posted in all City departments for five (5) working days prior to publicizing vacancies in various media. B. All employees wi thin the City who apply for a posted posi tion shall have the right to an interview before selection of the final candidate, if they meet the minimum requirements of the job description. C. The Director of Personnel & Employee Relations in conjunction with Department Directors shall prepare recruiting notices to publicize vacancies and to provide candidates for vacant positions. Various media of publicity shall be used to bring notice of vacancies to as many qualified persons as possible. Vacant positions shall be posted in all City departments. 5.04 Applications Applications must be made on a standard form designed and prepared by the Personnel Office. This form must be completed personally by the applicant, or if necessary with the assistance of an employee in the Personnel Office. 5.05 Basis for Employment EmplOYment with the City shall be based on comparative qualifications, experience, skill, past work record, ability, education, attitude and other performance factors as evidenced by: 13 A. Training and experience as reflected by the application form and other documentation or certification, registration, etc. as requested; B. Wri tten examination or performance tests when deemed appropriate by the city; C. At the discretion of the City, persons may be employed subject to passing a physical examination: The physical examination shall be performed and evaluated by the city's designated physician under standards established by the city; D. Selectees of the best qualified applicants from all applications reviewed shall be interviewed; E. other evidence bearing on the selectee's abili ty and willingness to perform in an efficient manner the requirements of the job. 5.06 References As part of the pre-employment procedure, former supervisors, employers, references, driving record and criminal history shall be checked. 5.07 Reiection of Unaualified Applications A. To the extent allowed by law the Department Director may reject out of hand any application which indicates that the applicant does not possess one or more of the requirements as specified in the job announcement. B. To the extent allowed by law applicants may also be rejected if the applicant is unfit for the job. 5.08 processinq Applicants A. When it has been determined that a selectee from all applications reviewed has the necessary qualifications, an interview will be scheduled with the Director of Personnel & Employee Relations and the appropriate Department Director or designee. B. Before final processing, the selectee must: (1) Present a Social Security Card. ( 2) Present a Florida state issued driver's license. ( 3 ) Present proof of education. (4) Present verification of date of birth. 14 (5) Be subject to a background investigation. (6) Pass a physical examination, at the discretion of the city. See also section 5.09. (7) Complete Immigration Form I-9. (8) Pass a drug test. C. Applicants for positions in Public Safety may be required to complete an agility examination, to the extent allowed by law. Employees in these public safety positions shall be required to take a polygraph examination, psychological evaluation and drug test, to the extent allowed by law. 5.09 Employment of the PhysicallY Challenqed A selectee from all applications reviewed will be examined to determine whether there is any physical reason why the selectee cannot perform the essential functions of the position for which he/she has been selected as specified by the City of Ocoee. Physical disabilities identified by the examination which would prevent the selectee from performing the essential functions of the position will be reported to the City of Ocoee, upon appropriate waiver of medical confidentiality, so that the City of Ocoee may determine whether the selectee may be reasonably accommodated. Physical standards will not be used to arbitrarily eliminate physically challenged persons from consideration. 5.10 Veterans' Preference in Selection Eligible veterans and spouses of veterans will be given preference in appointment as set forth by the guidelines of the Veterans' Preference in Appointment and Retention in Em~lovment rules as required by Chapter 22VP-1 of the Florida Administrative Code. A copy of Chapter 22VP-1 is available in the Personnel Office. 5.11 Employment of Family Members The City of Ocoee does not automatically prohibit members of the same family from working for the City. Each situation involving employment of a member of the immediate family must be reviewed on its own merits. As a general guideline, however, employees should know that Ocoee will not allow the employment of a relative in any situation where a conflict of interest exists or where there is a substantial likelihood that a conflict of interest exists or will arise, included but not limited to such things as a relative working under the direct supervision of another, one relative being responsible 15 for the job performance evaluation of another, one relative being directly involved in job actions with regard to another. It is the obligation of all affected employees to immediately advise the city Manager if a change in his or her situation occurs or is anticipated which will result in his or her becoming related to another employee so that the effect, if any, of the relationship to and on City operations may be fully explored and appropriate action taken. 16 SECTION 6 TYPES OF APPOINTMENT AND CHANGES IN EMPLOYMENT STATUS 6.01 New Emplovees A. A new employee may be hired as permanent, permanent part- time, temporary or emergency as recommended by the Department Director and approved by the City Manager. B. New employee compensation will start at the beginning of the pay grade unless otherwise approved by the City Manager. C. Temporary employees serve at the will and pleasure of the City throughout the period of their emploYment. D. Permanent and permanent part-time employees will be on probation for one (1) year from the date of their initial emploYment. During the probationary period, they shall serve at the will and pleasure of the city. After successful completion of the probationary period, such employee's continued emploYment shall be subject to the terms and conditions of the applicable Personnel Rules and Regulations. E. Evaluation of Performance During the probationary period the Department Director shall request a report of the supervisor's observation of the probationary employee's willingness and ability to perform the job duties. F. Dismissal During Probation (1) If a probationary employee has been found to be unqualified to perform, will not properly perform the duties of the position, or is otherwise unacceptable for any reason, the employee may be dismissed by the Department Director. (2) The Department Director must coordinate this action with the Director of Personnel & Employee Relations and the City Manager. The probationary employee does not have the right of administrative appeal. 6.02 Transfers A. An employee may be transferred as recommended by the Department Director and approved by the City Manager. B. A transfer will not change the employee's anniversary date. 17 C. A transferred employee will serve a minimum six (6) month probationary period or a maximum one (1) year as designated by the Department Director. If the transferred employee does not successfully complete the probationary period, the employee may be returned to the position from which he/she was transferred with the approval of the Department Director only if .a vacancy exists. If the former position is filled, reasonable effort will be made to place the employee in a comparable position. However, if a vacancy does not exist and if it is impractical to create a new position, the employee will be released. D. Upon approval of the City Manager, the transfer probation period may be waived for permanent employees if the employee exhibited an overall above operational performance record, a good attendance record and no disciplinary actions in the prior department. 6.03 Promotions A. A promotion will be recommended by the Department Director and approved by the City Manager. When in the best interest of the City, positions above the lowest rank in any category will be filled by the promotion of a qualified employee. Unless in a particular instance the City Manager determines otherwise, promotions will be recommended by the Department Director and Director of Personnel & Employee Relations and approved by the City Manager. Qualified employees of the City who have bid on an open job within five (5) days of the job having been posted will be considered for the vacant position and will be given preference when in the opinion of the Department Director and Director of Personnel & Employee Relations their skills and qualifications are equal to or exceed those of outside qualified applicants. B. In determining whom to promote among qualified applicants, the city shall consider ability to do the work, skill, training, experience, job classification, entire past performance and safety records, time with the City, and other related factors relatively equal among City employees. C. A promoted employee shall receive a minimum increase of five (5) percent or entry level into the pay range of that position subj ect to budgetary constraints. See Section 12.06. D. A promoted employee will serve a minimum six (6) month probationary period or a maximum one (1) year as designated by the Department Director. If the promoted employee does not successfully complete the probationary period, the employee may be returned to the position from which he/she was promoted from with the approval of the 18 Department Director only if a vacancy exists. If the former position is filled, reasonable effort will be made to place the employee in a comparable position. However, if a vacancy does not exist and if it is impractical to create a new position, the employee will be released. E. Upon approval of the City Manager, the promotion probation period may be waived for permanent employees if the employee exhibited an overall above operational performance record, good attendance record and no disciplinary actions in the prior department. 6.04 Demotion An employee may be demoted to a classification of lower grade for which the employee is qualified for any of the following reasons: A. When an employee would otherwise be laid off because the position is being abolished. B. When an employee does not possess the necessary qualifications to render satisfactory service in the position. C. If an employee voluntarily requests such demotion the employee will be given consideration if a vacancy exists. D. A demoted employee I s pay schedule shall be set wi thin the range of the job into which he/she is demoted, but will not exceed the maximum rate of the pay grade designated for the lower classification. See Section 12.07. E. A demoted employee will serve a minimum six (6) month probationary period or a maximum of one ( 1 ) year as designated by the Department Director. F. Upon approval of the City Manager, the demotion probation period may be waived for permanent employees if the employee exhibited an overall above operational performance record, good attendance record and no disciplinary actions in the prior department. G. If a vacancy does not exist, the employee will be terminated. 6.05 Reemplovment A. An employee who has resigned with a good record may at the option of the City be rehired, if a vacancy exists. B. Rehired employees are considered new employees. 19 C. Rehired employees shall be on probation for one (1) year. During the probationary period, they shall serve at the will and pleasure of the city. D. Veterans will be shown preference in reemploYment as required by Chapter 22VP-l of the Florida Administrative Code. 20 SECTION 7 WORK SCHEDULES 7.01 Basic Work Schedule A. The basic work schedule shall be forty hours (40) for permanent employees and an average of fifty-six (56) hours for Fire Department employees under normal situations unless otherwise specified or scheduled by the City Manager to meet particular requirements of individual departments. However, the city Manager may establish the basic work schedule and hours of work best suited to meet the needs of the departments and the City to provide proper service to the community. Nothing in these rules shall be construed as a guarantee or limitation of the number of hours to be worked per week. B. The basic work schedule shall be from Monday through Friday of each week unless specified or scheduled by the City Manager to meet the particular requirements of the City or individual departments. When the City Manager deems it necessary, work schedules may be established other than the basic Monday through Friday schedule. C. Lunch periods are scheduled at the discretion of the Department Director or designee in compliance with the Fair Labor Standards Act. 7.02 Attendance A. Each Department Director is responsible for the punctual reporting to duty by all persons in the department. B. All employees must report for duty at the scheduled time. C. If an employee is unable to work for any reason, the employee must notify the Department supervisor prior to the scheduled reporting time. D. Habitual or unjustified absenteeism or tardiness will result in disciplinary action and/or termination. 7.03 Overtime A. Overtime will be authorized or directed only when it is in the interest of the City and is the most practicable and economical way of meeting workloads or deadlines. B. All authorized and approved work performed by full time employees in excess of their scheduled work week and all hours in excess of forty (40) in a work schedule and for all other employees except for the 24 hour shift schedule for Fire Department employees shall be considered as overtime and shall be paid for hours worked at the 21 overtime rate of one and one-half times the employee's straight time rate. c. For the purposes of overtime computation, sick leave, funeral leave, jury duty, annual military leave and other absences from duty whether paid or not shall not be considered as time worked. Paid holidays and scheduled leave not worked shall be considered as eight (8) hour days worked; 24 hour shifts worked for Fire Department employees. D. Employees shall be required to work overtime when assigned unless excused by supervision. An employee desiring to be excused from overtime work assignments for good and sufficient reasons shall submit a request to the immediate supervisor. The request, if approved, shall remain in force until rescinded by the employee to the Department Director or until it becomes required and necessary to assign and schedule the employee to overtime work. E. At the time overtime work is required and necessary, the work shall be performed by employees who have not requested to be excused from such assignment. In the event overtime work is required and the department cannot otherwise schedule the required number of employees, then those employees who have approved requests on file excusing them from overtime work shall be assigned and required to work such overtime. F. If contacted to work in the event of civil or national emergencies mandatory overtime shall be in effect. 7.04 Permit Assianment A. Permit assignment duty shall be defined as: Regular Police Officer and Regular Fire Department employee performing police or fire type functions, by assignment through the department, during hisfher normal off-duty hours. B. All permit assignment opportunities shall be posted on each department bulletin board, and any assignment to permit assignment duty work, will be made pursuant to departmental S.O.P. c. While on permit assignment duty, the employee will be under the direct control and supervision of his/her respective departments and shall only perform functions that are considered normal Police or Fire Department business. D. The employee shall be in regular Police or Fire Department uniform and shall make an official record of all incidents occurring that require his/her action. 22 E. Compensation for assigned extra duty will be reflected as a salary adj ustment in earnings from the City with reimbursement payable to the City by the contracting employer. All authorized and approved permit assignment work performed shall be considered as additional compensation separate from the basic work schedule and shall be paid at the rate set by the Finance Department on an assignment by assignment basis. 7.05 Flex Schedulinq Flex scheduling or job sharing is a method by which employees share the same job within a specific job classification and each must perform the same functions within the job classification. A. Flex scheduling may be approved by the City Manager within a department on a case by case basis. B. In the event flex scheduling is approved by the city Manager, the employees must meet all attendance requirements as outlined in the Administrative Rules and Regulations. C. Abuses of flex scheduling shall be cause for the City Manager to immediately remove employees from flex scheduling. 7.06 CallOut Pay CallOut Pay is provided to compensate non-salaried employees in a classification eligible for overtime. A. Employees ordered or required to return to work on an unexpected or emergency basis after completing a regularly assigned shift of work or during a scheduled day off shall receive CallOut compensation. Callout work is work to be performed which is of an emergency or unexpected nature and is not to be associated or confused wi th the monthly departmental shift/work schedule or anticipated additional work requirements. B. Any employee, who after departing from the work premises and after completing the regularly schedule shift, who is officially ordered to return to work shall be eligible for CallOut Pay upon return to the assigned work site. C. Any employee who is on the work premises and is instructed and assigned to continue to work shall be ineligible for CallOut Pay but eligible for compensation at the overtime rate of pay pursuant to Section 7.03. 23 D. Any employee required to continue working after his/her regularly scheduled shift shall be ineligible for Call Out Pay but eligible for compensation at the overtime rate of pay pursuant to section 7.03. E. Any employee eligible for CallOut Pay who is required to work for a period less than one and one half hours shall receive two hours pay at the straight time rate. If the time worked is greater than one and one half hours the employee will be paid for the number of hours worked at the overtime rate. F. Department Directors and all salaried employees are not eligible for CallOut Pay. When in the opinion of the City Manager the work load for these non-eligible employees has become excessive because of the number of hours worked, the City Manager may at his/her discretion make arrangements whereby these employees may take time off during the "normal" work period provided said employee's services are not otherwise required. 24 SECTION 8 HOLIDAYS 8.01 Days Observed A. When a holiday falls on Saturday or Sunday, the Friday preceding or Monday following shall be designated a substitute holiday and observed as the official holiday. B. The observed holidays are: January 1 May - Last Monday July 4 September - First Monday November - Fourth Thursday November - Day after Thanksgiving December 24 December 25 Two (2) Personal Days New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day C. The City Manager will determine which departments or operations will be closed in observance of the holiday. 8.02 Eliqibility for Holiday Pay A. All holidays earned must be taken as time off or paid on the same day that it is earned except for public safety. B. Employees on scheduled leave, annual military leave, jury duty, unscheduled leave, funeral leave or other absences from duty but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned except for public safety. C. An employee must be on authorized leave or work the normal schedule of hours, on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday, in order to qualify for the holiday time or pay. To call in sick the day before or the day after does not constitute authorized leave without a doctor's excuse. D. Employees who are scheduled and required by their supervisor to work on the day observed as a holiday must work that day to be eligible to receive holiday pay. An employee who is scheduled to work on the day observed as a holiday and reports sick will be charged with the holiday for that day. 25 E. An employee assigned and scheduled to work on a holiday, and who in fact does work, shall receive the usual day's pay and an additional eight (8) hours at one and one-half times the straight time rate of pay unless the employee has not worked over forty (40) hours per week. certified Fire Department employees assigned or scheduled to work on a holiday, and who in fact do, shall receive the usual day's pay and an additional twelve (12) hours at one and one-half times the straight time rate of pay unless the employee has not worked over the average fifty-six (56) hours per week. F. The intent of Personal Holidays is to allow the employee a non designated holiday for personal use. 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. 8.03 Holidav Pay - Rotatinq Shifts A. Employees working on a rotating shift basis receive credit for all holidays authorized for City employees. B. Holiday compensation is computed on a straight time rate. C. Employees will receive credit for the holiday whether they worked the holiday or the holiday fell on their day off. D. If a holiday falls on the day off for the employee, the employee shall be paid at the straight time rate for the holiday. 26 SECTION 9 PERSONAL LEAVE 9.01 Eliqibilitv A. All permanent employees will be allowed to accrue paid personal leave. B. Permanent part-time employees will not earn personal leave. C. Temporary employees shall not earn personal leave. D. Contractual employees may earn personal leave at the discretion of the City Manager. E. Probationary employees shall earn leave but shall not be permitted to take same during the initial six (6) months of emploYment or re-emploYment unless authorized by the City Manager. 9.02 Use of Leave Personal leave may be granted for the following scheduled purposes: A. Vacation leave. B. Medical, dental or 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 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. 9.03 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. 27 B. In the case of two employees of equal duties requesting leave for the same time period, length of service shall prevail. C. Department Directors should prepare a yearly schedule for vacation leave to enable all employees within a department the opportunity to plan scheduled time away from the city. 9.04 Accrual of Leave A. Permanent full-time employees earn personal leave as follows: One to five years of service Six to fifteen years of service 22 days 27 days 32 days sixteen years + B. A permanent full-time employee can accrue up to 360 hours of personal leave. In all cases, employees must take a minimum of 80 hours personal leave (vacation) each year or will lose said time for purposes of accrual. C. All personal leave over 360 hours shall be reimbursed to the employee in the first pay period in December of each calendar year on a dollar for dollar basis. D. An employee who does not use personal leave wi thin his/her year of service for sick leave, shall receive two (2) additional personal leave days to be added to his/her personal leave accrual. 9.05 Charqinq Leave Personal leave time shall be scheduled and charged to the employee for the actual time the employee is away from work. 9.06 Payment - Unused Leave A. Upon separation from City emploYment, employees shall be entitled to compensation for any earned but unused personal leave. B. All accrued personal leave of employees who die while in the service of the City shall be paid to the spouse or estate of the employee. 9.07 Unscheduled Personal Leave The paYment of unscheduled leave shall be determined on a case by case basis. If such leave could have been scheduled and therefore was unwarranted, the employee shall not be paid for the day's absence. 28 9.08 Reporting Personal Leave - sick A. An employee incapacitated and unable to work shall notify the immediate supervisor before the scheduled reporting time, stating the nature of the illness and expected period of absence. This procedure shall be followed for each day the employee is unable to work, unless prior approval is given by the supervisor. B. Many slight inj uries and sickness may prohibit the performance of regularly assigned duties; however, there may be other duties that such employees may be able to perform without aggravating such injuries or sickness. 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 heal th 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. 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. 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. E. In case of unscheduled leave for care of an immediate family member pursuant to Section 10.05, the employee shall notify the immediate Supervisor as stated in Section 9.08 A above. 29 SECTION 10 LEAVE OF ABSENCE 10.01 Bereavement Leave A. Permanent employees shall be granted time off with pay not to exceed three (3) consecutive working days in the event of a death in their immediate family. (See section 2 for definition of immediate family.) B Upon request, the City Manager for good reason may allow paid Bereavement Leave under Section 10.01 (A) for deaths involving other close members of an employee's family or associates. C. Bereavement Leave shall not be charged to any other leave. 10.02 Court Leave A. Employees attending court as a witness on behalf of the City of Ocoee or a public jurisdiction recognized by the City of Ocoee or for jury duty during their normal working hours shall receive full pay equal to their normal work schedule for the hours they attend court. This time shall be charged as leave with pay. B. Full time employees subpoenaed as witnesses to testify in a court or administrati ve proceeding during scheduled work hours are eligible for leave with pay. Employees who are plaintiffs or defendants are not eligible for leave with pay, unless they are a defendant based on their activities in behalf of emploYment with the City or for any public jurisdiction recognized by the City of Ocoee. C. Employees who attend court for only a portion of a regular scheduled workday shall report to their supervisor when excused or released by the court. D. Any paYment that an employee recei ves while on court leave with pay will be given to the City. Per diem mileage received shall be retained by the employee. 10.03 Conference Leave/Travel Policy A. The City Manager may grant leave with pay, together with the necessary travel expenses in order that employees may attend conferences, workshops and similar events designed to improve their efficiency, if considered to be in the best interest of the city. Leave and expenses will be recommended by the Department Director subject to approval by the City Manager. 30 B. The need for City travel for which reimbursement may be claimed by employees of the ci ty of Ocoee is acknowledged. All such persons are eligible to travel for the conduct of City business or to attend meetings and conferences for the benefit of the City, at City expense, pursuant to proper authorization prescribed in these Regulations. (1) The ci ty Manager or his/her designee shall authorize travel for City employees. ( 2 ) A travel expense report issued by the Finance Department which shall be used by all travelers requesting reimbursement for travel expenses shall be completed. The report will be filed within seven (7) working days after completing the authorized travel. (3) All travel must be by a usually traveled route. If a person travels by an indirect route for hisjher own convenience, any extra costs shall be borne by the traveler, and reimbursement for expenses shall be based only on such charges as would have been incurred by a usually traveled route. The method of travel will be designated by the City Manager, keeping in mind the best interest of the City, the nature of the business, the number of persons making the trip, the amount of equipment or material to be transported, the length of the trip, and other pertinent factors. Air travel shall be by tourist class, when practicable. Travel by private car when a City vehicle is not available will be reimbursed at a rate per mile established by the ci ty . When travel is by public transportation, necessary taxi, limousine, or car rental fares and parking fees are reimbursable, when substantiated by receipts. Employees who are assigned a City vehicle on a permanent basis and or who receive a car allowance shall be reimbursed for gas only and not mileage, however, a gas receipt must be submitted to receive reimbursement. Employees in this category shall only use a City vehicle if their personal vehicle or assigned vehicle is inoperative at the time of travel. An explanation must be submitted as to the reason why the vehicle is inoperative and when the vehicle will become operative. (4) Reimbursement for lodging will be on the basis of actual cost of a single occupancy, or occupancy shared with another City employee. Double occupancy rate will be reimbursed if no single room is available. 31 (5) If an employee is out of town for longer than one day, the employee shall be allowed one personal call reimbursed per day providing that the time limit of that call is reasonable. No other personal calls are reimbursable. (6) Gratui ties (tips) are recognized as a legitimate part of the cost of travel and a proper charge against the City, when such expenses are necessary. All paYments of this type should be kept at the minimum. (7) Registration fees, including meals and other programmed affairs, are reimbursable upon presentation of receipts. Meals will not be included if the employee has requested per diem. See Section (9) relating to per diem. (8) While the City acknowledges that attendance and participation in professional associated meetings consti tutes a public purpose in relation to the training and education of its professionals, the city will reimburse the cost of meals and attendance to such meetings only if it is established that the meeting is for a professional and not social purpose and the fee for the meal is at a standard rate per attendee. All travelers may be allowed for subsistence the cost of meals determined by the Runzheimer Meal Lodging Index. The Finance Department will provide a quarterly update on the amounts to be reimbursed per the Runzheimer Meal Lodging Cost Index. If the City the traveler is visiting is not listed on the Runzheimer schedule, the nearest City on the schedule will determine the meal reimbursement. No receipts are required; however, meal expenses for employees exceeding the Runzheimer rate must be accompanied by a receipt for reimbursement with an explanation. In the event exceeding the rate is not approved, the employee will be responsible for the expense. In the event meals are provided at a conference or workshop and the employee does not participate, the employee shall be allowed subsistence determined by the index, accompanied by an explanation. (9) Per Diem is an alternative to reimbursement for lodging and meals. A traveler may receive $50.00 per day which will include lodging and meals (tips included) . Per Diem is allowed only for trips overnight or longer away from the immediate area. Mileage, tolls and other appropriate expenses approved by the City Manager shall be reimbursable and must be accompanied by receipts. No receipts 32 are required for meals or lodging. (10) All travelers who accompany a City employee or City official who has an authorized City credit card and the credit card holder pays for meals and other expenses with the credit card the employee or off icial shall not be eligible for reimbursement for those expenses paid by the credit card. The credit card holder must list all expenses incurred on the Travel Expense Report and the names of the employees and officials for whom the expense was incurred. All expenses incurred on the authorized City credit card are governed by section 10.03 in its entirety. (11) Any other necessary expense not otherwise provided, incurred for the benefit of the City, together with receipts and explanations thereof, should be claimed on an indi vidual basis by completing the necessary travel form which must be approved by the ci ty Manager. In the event the expense is not approved, the employee will be responsible for paYment of the expense. (12) Employees may obtain travel advances when approved by the City Manager. The necessary travel form must accompany the request. All advances shall be accounted for within seven (7) working days after completion of the authorized travel. (13) The City will not reimburse for travel, meals or expenses for spouse and family. Reimbursement is limited to the traveler. (14) While entertainment on behalf of the City, under certain circumstances and conditions, clearly meets a public purpose, these instances require prior approval by the City Manager, of the nature, purpose, and anticipated cost of entertainment, before it is undertaken with public funds. In instances where prior approval is granted, it is specifically required that the nature of the entertainment, those present, and brief summary of the business discussed must be provided for inclusion in the Travel Expense Report. (15) When the City agrees to reimburse a job applicant for his/her expenses to come to an interview (air fare, vehicle mileage, tolls, taxi fare, hotel and meals) the meal allowance applied will be consistent with and no greater than, the existing City travel policy. (16) When the City's consultant agreement provides for expense reimbursement, meal allowance related to 33 those expenses will be consistent with, and no greater than, existing City travel policy. ( 17) All Travel Expense Reports must be completed as stated in 12 above. In the event the employee fails to complete the necessary report, the employee shall not be reimbursed by the City and shall be responsible for all expenses incurred. 10.04 Militarv Leave A. Regular employees who are commissioned reserve officers or reserve enlisted personnel in the united states mili tary 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 anyone 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 such 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. In the event an employee is drafted into military service, the employee shall be reinstated to City emplOYment upon completion of military obligation. 10.05 FamilvlMaternitv/and Adoptive Leave A. Employees shall be entitled to twelve (12) working weeks of unpaid leave in order to care for a spouse, significant other, child or parent with a "serious medical condition" or for the employee to deal with his/her own serious medical condition that prevents performance of the employee's current position. 34 (1) To be eligible for the FamilyjMaternity/and Adoptive Leave benefit, an employee must put in at least one year in his/her emploYment with the City and must have worked at least 1,250 hours within the first twelve months of emploYment with the City. (2) A serious medical condition is defined as an illness, injury or impairment, physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or requires continuing medical treatment. For continuing medical conditions the employee shall receive twelve (12) working weeks of unpaid leave in each year of emploYment with the City. B. Employees are required to submit a thirty (30) day notice of intention when the precipitating event is foreseeable such as a birth, adoption or planned medical treatment. ( 1 ) The City shall require the employee to submit a physician's certification of the existence of a serious medical condition of the employee, spouse, significant other, parent or child prior to approval of the leave. If the City is not satisfied with the certification, the City may, at its own expense, require a second opinion. The City may pay for a third opinion if the first two conflict. The third opinion shall be binding on both the employee and the City. (2) Leave taken to care for a newborn child or a child who has been placed for adoption or foster care may not be taken intermittently. For birth or adoption, the leave option expires one year after the event. (3) Leave taken to care for a spouse, significant other, parent or child may be taken intermittently including the employee's illness, however, the leave may not exceed twelve (12) working weeks in each year of emploYment. C. Employees may offset the twelve (12) working weeks of unpaid leave with their accrued leave although this is not a requirement. (1) Benefits provided by the City shall continue and the employee is required to pay the employee portion. (2) Upon completion of the leave, the employee shall return to his or her former position or to a position with equivalent pay, benefits and working conditions. 35 (3) Previously accrued leave shall not be forfeited; however, the employee shall not accrue additional vacation or sick leave during the leave period. 10.06 Extended Employee Disability Leave A. Disabilities caused or contributed to by pregnancy, childbirth or related medical conditions will be treated the same as disabilities caused or contributed to by other medical conditions. In order to effectuate this policy, these procedures should be followed for all medical disability leaves: ( 1 ) An employee who is unable to work due to medical reasons, including pregnancy or childbirth, will be granted, upon request, an extended unpaid leave of absence. ( 2 ) Except in cases of emergency, the employee will become eligible for a leave of absence when the employee's doctor certifies that the employee is unable to perform duties due to his /her medical condition. The City retains the right to require the employee to submi t to another medical examination at the City's expense to verify the employee's inability to work. (3) The employee may utilize any accrued and unused vacation or sick leave while out on a disability leave. While on a leave of absence, however, an employee will not accrue any additional vacation or sick leave or any other benefit. (4) The employee shall be required to return to work not later than the last day of the leave granted, unless prior to that time, the employee has obtained permission from the City Manager to extend the medical leave or has applied for and been granted additional time off as allowed by these rules. (5) The employee shall be entitled to return to the job left provided the employee is physically and mentally able to perform all the functions of the job. The employee must submit a medical release form from his/her doctor. (6) The medical plan insurance shall be continued while on disability leave, the employee shall be required to pay the employee portion. (7) The extended disability leave shall not exceed twelve (12) working weeks. 36 (8) The extended disability leave is granted to permanent employees only and is not intended for use for care of family members. For medical leave relating to family members section 10.05 shall only apply. 10.07 Personal Leave Without Pay A. Leave of absence without pay for a permanent employee may be granted for a period not to exceed six (6) working weeks upon approval by the city Manager. B. If the employee does not return to work, the employee's termination date for all purposes will be the last day of actual work with the city. C. Vacation or sick leave shall not be earned by an employee for the time the employee is on leave of absence without pay. D. All benefit plans provided the employee must be continued while on personal leave of absence by paYment of the employee's portion and the City's portion by the employee. E. Personal leave without pay provides leave for other than medical necessity. 37 SECTION 11 POSITION CLASSIFICATION PLAN 11.01 Purpose The Position Classification Plan provides a systematic arrangement and inventory of City Service positions. The plan groups the various positions into classes based on the range of duties, responsibilities, and level of work performed. 11.02 Use The Classification Plan will be used to: A. Determine qualifications and to prepare job announcements and content. B. Standardize salaries to be paid for the various classes of work. C. Establish lines of promotion and career ladders. D. Assist in developing employee training programs. E. Provide uniform job terminology. 11.03 Content The Classification Plan consists of: A. A grouping of positions into classes on the basis of approximately equal skill, job knowledge, difficulty and responsibility, which require the same general qualifications. B. A Class Title , indicative of the work of the class, which is used on all personnel, accounting, budget, and official records. C. Class Descriptions for each classification showing the nature of work, relative responsibilities, illustrative duties, requirements of the class, setting forth the knowledge, abilities and skills, and the training and/or experience needed. 11.04 Administration A. The Director of Personnel & Employee Relations is charged with maintenance of the Classification Plan, under the direction of the City Manager, so that it will reflect the duties performed by each employee and the class to which each position is allocated. It is the duty of the Director of Personnel & Employee Relations to have the 38 nature of the positions examined as they are created, to have them allocated to an existing class, create new classes and to make changes in the Classification Plan as are made necessary by changes in the duties and responsibilities of existing positions for approval by the City Manager. B. The Director of Personnel & Employee Relations will maintain the entire plan and recommend appropriate changes in allocations or in the Classification Plan as needed for approval by the City Manager. 11.05 Allocation of positions A. Whenever a new position is established or duties of an existing position changed, the Director of Personnel & Employee Relations shall prepare, in cooperation with the responsible Department Director, a Class Description describing the duties of the job. B. The Director of Personnel & Employee Relations will audit the actual or suggested duties and submit a recommendation to the City Manager for review and/or approval. 11.06 position studies A. The Director of Personnel & Employee Relations under the direction of the City Manager is charged with the responsibility of having audits made of positions. Position audits may be initiated by written request to the Director of Personnel & Employee Relations from: (1) The Department Director where the position is located. ( 2) The incumbent of the position to be audited. employee must process the request through Department Director for review and comments. The the B. Posi tion information will be gained through completion of a Position Classification Questionnaire by the incumbent or by the supervisor of the position (if the position is vacant) and through study of the position by the staff of the Director of Personnel & Employee Relations. C. The Department Director will review and make recommendations to the Director of Personnel & Employee Relations for all proposed new positions, changes, and Class Descriptions. D. The ci ty Manager shall review all audi ts and recommendations in accordance with need and established budget constraints. 39 11.07 Reclassification A. When the incumbent of a position is officially assigned more difficult and significant additional responsibilities and duties, the Director of Personnel & Employee Relations will perform an audit of the duties and responsibilities of the position. B. If it is determined that the position should be reallocated to a higher level, the Director of Personnel & Employee Relations shall make a recommendation to the ci ty Manager. The City Manager shall base his/her decision on need and established budget constraints. 11.08 position Control All positions in the City are established and maintained through a personnel budget each fiscal year in accordance with budget and accounting procedures. The establishment of new or additional positions will be accomplished at the discretion of the City Manager in accordance with established budget constraints. 40 SECTION 12 PAY PLAN & STARTING RATES 12.01 Purpose The Pay Plan, which is directly related to the Classification Plan, is the basis of compensation for employees and is constructed to reflect: A. Relative difficulty and responsibility between the classes of work within City Service. B. Prevailing rates of pay for similar types of work in public employment in the labor market where the City recruits for employees. C. Availability of applicants to fill positions in City Service. D. Economic conditions of the job market area. E. Economic conditions of the City. F. Financial policies of the City. G. Other business and operational considerations. 12.02 Content A. The Pay Plan includes a Salary Schedule as adopted by the City Commission. B. The Salary Schedule includes pay ranges and the compensation attached to the ranges. 12.03 Administration A. The City Manager with such assistance as required, shall prepare the Pay Plan for the classes of work in City Service. The Plan will be presented to the City Commission for approval and adoption. B. Amendments to the Pay Plan may be considered by the City Manager when changes of responsibilities of work, availability of labor supply, prevailing rates of pay, the City's financial condition and policies, or other pertinent economic, business or operational considerations warrant such action. 12.04 Starting Rates A. The mlnlmum salary established for a classification is the normal starting rate for a new employee. 41 B. Starting rates that are above the minimum salary shall be authorized by the City Manager if the selectee's training, experience, or other qualifications are substantially above the minimum required for the posi tion, or for other legitimate economic or operational reasons. 12.05 Performance Salary Increases A. Performance salary increases are not automatic. Evidence of Above Operational Performance must be reflected in the employee's Performance Evaluation prior to approval of a performance increase. B. Supervisors are responsible for accurate and prompt submission of Employee Performance Evaluation reports. C. Approved performance increases will be effective upon the designated anniversary date of the employee. 12.06 Promotion An employee may be promoted to a job classification with a higher maximum rate of pay upon meeting the requirements for that position. Upon promotion, the employee shall have the pay grade, pay, and classification rate adjusted as follows: If the present salary rate is above the minimum for the new posi tion, the employee shall receive a 5% increase. An increase of more than 5% may be recommended by the Department Director depending upon the circumstances of the promotion upon approval of the City Manager. All increases are subject to budgetary constraints. See also section 6.03. 12.07 Demotion When an employee is demoted, the salary rate shall be set wi thin the range of the job into which the employee is demoted but will not exceed the maximum rate of the pay grade designated for the lower classification. The anniversary date for evaluation and possible performance pay increases of an employee who is demoted shall be changed to the date of the demotion. See also section 6.04. 12.08 Temporary Assiqnment When an employee is temporarily assigned to a position in a higher pay grade, the employee shall receive a minimum increase of five (5) percent or entry level into the pay range of the temporary assignment. The temporary assignment must be 42 for a minimum period of two (2) consecutive weeks (10 consecutive working days) or five (5) consecutive shifts for Fire Department employees in order to qualify for the higher pay, and the employee shall be paid from the first hour of work in the position. 12.09 Lonqevitv Pay A. The purpose of longevity pay is to reward the employee for career contribution to the organization. B. Every full-time permanent employee of the City shall annually be entitled to receive longevity pay based upon a percentage of the employee's annual base salary, as follows: Percentaqe of Full Years of Service Annual Base Salary 5 - 9 years 2% 10 - 14 years 4% 15 - 19 years 6% 20 and over 8% C. The longevity pay shall be payable at such times and in such manner as may be determined by the City, subject to budgetary constraints. Full years of service shall be calculated as of the date of award of the longevity pay, as determined by the City. 43 SECTION 13 MISCELLANEOUS POLICIES AND BENEFITS 13.01 Smoking policv policv The purpose of this policy is to protect the public health, comfort, and environmen~ 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 Florida Statute, the Florida Clean Air Act. Procedure A. No person may smoke in any City of Ocoee building, 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. B. Smoking is permitted outdoors except for the following conditions: 1. Whenever a safety hazard exists; 2. In any area prohibited by Ordinance; where smoking Federal, State, is specif ically County or City 3. In any area posted "No Smoking". C. 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. D. Employees are expected to comply with this policy. violation of this policy shall subject the employee to disciplinary action up to and including termination. E. ci tizens, clients, contractors and visitors facilities shall be expected to comply with this violators shall be requested to extinguish their material or to leave the building/facility area refuse to do so. to City policy. smoking if they 13.02 Sexual Harassment Policy Purpose The purpose of this policy is to make all employees of the City of Ocoee aware that it is the policy of the City of Ocoee that sexual harassment will not be tolerated. 44 statement of Policy Sexual harassment is included among the prohibitions of Title VII of the civil Rights Act of 1964, which prohibits sex discrimination in employment. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors, or other verbal or physical acts of sex based nature, where submission to such conduct is made a term or condition of employment, or an employment decision is based on an individual's acceptance or rejection of such conduct, or such conduct interferes with an individual's work performance or creates an intimidating, hostile, or offensive working environment. It is also unlawful to retaliate against any employee who raises a concern about sexual harassment or discrimination. Employees at all times shall treat other workers respectfully and with dignity, in a manner so as not to offend the sensibilities of a co-worker. statement of Prohibited Conduct The City of Ocoee considers the following conduct to be representative of acts which violate the Sexual Harassment Policy: A. Physical assaults of a sexual nature 1. Rape, sexual battery, molestation, or attempts to commit such acts. 2. Intentional physical contact nature such as touching, grabbing, rubbing, hugging, employee's body. which is pinching, or poking sexual in patting, another B. Unwanted sexual advances, propositions, and other sexual comments 1. Sexually oriented gestures, noises, remarks, jokes, or comments about a person's sexuality or sexual experience directed at or made in the presence of an employee who has indicated in any way that such conduct in his or her presence is unwelcome. 2. Preferential treatment for submitting to sexual activity, including soliciting or attempting to solicit an employee to engage in sexual activity for compensation or regard. 3. Threatening to, or actually making an employee's job more difficult, or taking away any benefit or privilege to entice an employee to submit sexually. 45 C. Display of sexual material 1. Pictures, posters, calendars, graffiti, objects, promotional material, reading or other material of a sexually suggestive or sexually demeaning nature is not permitted in the work place. 2. Reading or otherwise publicizing in the work environment materials that are sexually revealing, pornographic, or sexually demeaning. D. Retaliation for sexual harassment complaints 1. Disciplining, changing work assignments of, providing inaccurate work information, or refusing to speak with or cooperate with an employee because that employee has resisted or complained about sexual harassment. 2. Intentionally pressuring an employee, or otherwise attempting to cover up conduct described above. seriousness of the Conduct 1. The above may not be a comprehensive list of prohibited conduct. 2. Sexual harassment is unlawful, hurts other employees, and has no place in our work environment. Therefore, the employee who engages in such conduct will be made to bear the full responsibility for such unlawful conduct. Complaints of Sexual Harassment 1. Anyone who has suffered sexual harassment or retaliation or who has observed such conduct should report it to their immediate supervisor or the Department Director or the Director of Personnel & Employee Relations or the ci ty Manager. A complaint need not be limited to someone who was the target of harassment. To the extent possible the identity of the person making the complaint will be kept in confidence. 2. All complaints will be investigated expeditiously. Upon completion, the City will take appropriate action, including discipline and or termination of emploYment. 3. All employees with complaints of sexual harassment in which the complaint is against an appointed or elected official should take the complaint to the Director of Personnel & Employee Relations. The Director of Personnel & Employee Relations is charged with the responsibility of assuring that the appropriate 46 individual(s) is made aware of the complaint and that the investigation procedure is properly handled and shall keep the City Manager advised of the situation. 13.03 Emplovee Traininq & Development It is the responsibility of the City Manager in conjunction wi th Department Directors and the Director of Personnel & Employee Relations, to foster and promote in-service training of employees. The purpose of this training is to improve the level of service rendered to the public, the quali ty of personnel, and to assist employees in preparing themselves for advancement in City Service. Department Directors in cooperation with the Director of Personnel & Employee Relations will establish standards for training programs, assure that training is carried out as approved, and prepare certificates or other forms of recognition to persons who satisfactorily complete approved courses and programs. The Director of Personnel & Employee Relations will provide assistance to Department Directors in developing and conducting training to meet specific needs of their departments and to assure that employee, supervisory and management training are available to all Departments. 13.04 Performance Evaluation The City Manager will establish and administer a program for rating the work performance of employees. The Performance Evaluation system is designed to evaluate the employee's performance and attitude as accurately and as fairly as is reasonably possible. The ratings shall be set forth on the authorized Personnel Evaluation forms and as prescribed by the Performance Evaluation Manual adopted by the City. The evaluator, upon receipt of the employees evaluation form from the Personnel Office, shall complete the evaluation and give a copy to the employee at least ten (10) working days prior to the employee's anniversary date. The employee shall be entitled to respond to the evaluation wi thin five ( 5 ) working days of receipt of a copy from the evaluator. The evaluator shall transmit the evaluation and the employee's comments, if any, to the Personnel Office no later than five ( 5 ) days prior to the employee's anni versary date. The overall performance rating shall be used to improve productivity and other rating factors, to determine the desirabili ty of a performance increase based on budgetary constraints, and as a factor in arriving at promotions and other job actions deemed appropriate. 13.05 Group Insurance A. The City provides group insurance protection for its employees. Benefits provided are explained at the time of employment. Copies describing coverages are available for all employees in the Personnel Office. 47 B. Employees must notify the Personnel Office if they change their marital or dependent status so that the steps necessary to change insurance coverage may be completed. Notification of any change of status is the employee's responsibility. 13.06 Deductions Federal Withholding, Social Security and Pensions are deducted from pay checks in accordance with law and City Ordinance. Voluntary deductions are made only by request of the employee and reviewed by the Personnel Off ice and approved by the Finance Department. 13.07 Pension Plan The City provides a Pension Plan for all qualifying employees to guarantee a monthly life income after their retirement. Details of the plan are maintained in the Personnel Office and with each Pension Board Representative and available to all covered employees. All questions concerning pensions are to be directed to the respective Pension Boards. 13.08 Unemployment Compensation The City is registered with the state of Florida Bureau of Unemployment Compensation. Terminated employees who file a claim and are determined qualified under the Florida Unemployment Compensation Law may be eligible to recei ve unemployment compensation benefits. An explanation is available of employee's rights and responsibilities through the Personnel Office. Any correspondence received by employees regarding unemployment compensation must be forwarded to the Personnel Office immediately upon receipt. 13.09 Workers' Compensation The City provides Workers' Compensation for all employees injured on the job. A. Payment of Workers' Compensation to all employees, who are disabled because of an injury arising out of and in the course of performing their duties with the City, will be governed by the Florida state Workers' Compensation Law. B. If injured on the job an employee will only receive the compensation as set by the Florida state Workers' Compensation Law. C. (1) In unusual circumstances, an employee who is in a high risk job and is injured in the line of duty may be recommended for special consideration. 48 (2) The Department Director will determine whether the injury is a direct result of high risk involvement. (3) The Department Director may request, in writing, that a committee be formed composed of the Director of Personnel & Employee Relations, another Department Director as chosen by the City Manager, and the City Manager to study the feasibility of special consideration. D. ( 1 ) Employees out on Workers' Compensation will not earn Annual or sick Leave or Holiday Leave through duration of absence unless approved by the ci ty Manager. (2) Annual Leave, Sick Leave, or Holiday Leave may not be used while out on Workers' Compensation except as allowed, if at all, under section 13.09, C (1). (3) Group Life & Hospitalization coverage or any other payroll deduction authorized by the employee must be paid by the employee while out on Workers' Compensation. E. In the event an employee has neglected to advise the attending physicians of other inj uries reported under Workers' Compensation, whether injuries were sustained while employed by the City of Ocoee or sustained prior to emplOYment by the City of Ocoee or any pre-existing conditions, shall be grounds for immediate termination. 13.10 Death All compensation, accrued leave and benefits due to the employee as of the effective date of separation shall be paid to the surviving beneficiary, or to the estate of the employee as determined by law or by executed forms in the employee's personnel folder. 13.11 Educational Incentives & Benefits The City may authorize paYment for tuition and books for courses or seminars subject to the following: A. The course or curriculum shall be related to the employee's job or contributory to the long range value of the employee to the City. B. There will be no duplicate paYments for the same course, if the course is reimbursable through some other source, then provisions of the City'S education tuition paYment plan do not apply. 49 C. Requirements to obtain these benefits are: ( 1 ) Full time employment with the City at least one year before employee can apply. (2) The educational training can be at the high school, post high school, and adult educational levels. (3) No more than two courses per quarter or semester (or equivalent period of time) may be taken unless permission is obtained from the City Manager. (4) Application for tuition must be filed prior to enrollment in the course and must have the approval of the Educational Committee in advance. The Educational Committee shall be made up of the City Manager, a City Commissioner, and an employee who shall be selected by City employees from the general work force. ( 5) The employee shall be responsible to supply the Personnel Office with a final grade, certification, or degree. The employee shall reimburse the total cost of tuition and books if he/she fails to successfully complete the course. For courses for which an employee receives a grade, reimbursement to the City will be as follows: Grade Reimbursement A B C 0% 25% 50% (6) The employee who receives any benefit whatsoever under this program shall be required to work for the City for at least two years from date money is received, or shall reimburse the City for every dollar given upon termination. The City reserves the right to withhold the money owed from any final payments at separation. D. The City will attempt to rearrange work schedules for classes if it does not interrupt the normal work flow. 13.12 Dress and Appearance No attempt is made to set specific standards for dress and appearance. The important factor is the overall impression created. That which is appropriate for employees in one department may not be appropriate for another. Work clothes and uniforms provided for many departments generally set the standard for their functions. Personal appearance standards may be established by departmental rules or standard operating procedures. 50 13.13 Uniforms A. The employees in specified classifications shall be issued standard uniforms and safety items. B. Procedure for issuance of uniforms and safety items provided for the employee by the City shall be governed by departmental operating procedures in accordance with the Uniform Receipt and Request forms signed by the employee. 13.14 Lockers, Desks & File Cabinets or other City Eauipment A. Employees may request a locker if available. B. Employees must provide locks for lockers. C. Lockers, desks & file cabinets or any other equipment used by the employee is the property of the City and a Department Director or Supervisor shall have the right to access this equipment in the presence of the employee at any time for any legitimate reason. D. In the event the employee is unavailable and it is deemed necessary to access the equipment the Department Director must request authority to access the equipment from the City Manager, stating the reason for access. The City Manager shall make the determination if the request is for a legitimate reason and shall be the final authority. E. In the event the employee is unavailable at any time for any reason the City Manager shall have the authority to have locks removed from lockers, desks or file cabinets or any other equipment used by the employee for the purpose of access. 13.15 Exit Interviews A. The purpose and intent of the Exit Interview is to provide management with information as to why and in what areas employees may be dissatisfied with their jobs. This information may, in turn, improve our system and reduce our turnover rate. B. Where possible, each employee who resigns from the City will be interviewed by the Personnel Office and must complete an Exit Interview form. The completed Exit Interview form and interview information is to remain with the Personnel Office and be utilized to improve the Personnel Management System. Under no circumstances is anyone but the Personnel Off ice person and the City Manager permitted to see the Exit Interview. 51 13.16 Return of City Property At the time of separation and prior to receiving final monies due, all records, books, assets, uniforms, keys, tools, and other items of city property in the employee's custody, shall be transferred to the Department and certification to this effect shall be by the Department Director. Any monies due the City because of any shortages shall be collected through appropriate action. 13.17 Furlough of Emplovees (Reduction of Work Hours) In the event of budgetary constraints within any specified fiscal year, the City Manager shall have the authority to furlough employees. The City Manager shall determine which positions shall be subject to the furlough period. 13.18 DUI. DWI & Movinq Traffic violations The safety and health of all City employees and residents and the public in general is of utmost importance to the City of Ocoee. Such concerns include attempting to ensure that employees who drive vehicles on the public roads, streets, and highways as part of their job maintain safe driving records and habits consistent with the City's mission of conducting safe and efficient City business, and to ensure the ability of the City to maintain acceptable insurance protection at reasonable costs. A. Application The following policy shall apply to all City employees covered by the City Personnel Rules & Regulations in any driving capacity, which is defined as a job in the performance of which the employee drives a vehicle on the public street, roads or highways. In order to ensure that all employees are advised as to what is expected of them in these areas, this policy defines DUI, DWI and moving traffic violations as same relate to demotion and discharge under section 15 of the city Personnel Rules & Regulations. B. DUI/DWI (1) An employee charged with DUI or DWI offense shall be suspended from hisfher driving job pending resolution of the charge or charges. The suspension will be without pay, except the City Manager, at his/her option, may elect to transfer the employee to a vacant non-driving position which the employee is qualified to perform at the non- driving position rate of pay. 52 (2) Upon acquittal, the employee shall be reinstated'to his/her driving position or a similar driving position with back pay less any interim earnings received from any source, including from the city of Ocoee, and unemployment compensation. Acqui ttal is defined as a judicial finding of not guilty or charges are dropped. Employees who refuse breath, blood, or urine testing in violation of Florida state statutes regarding implied consent shall be considered as convicted. (3) Upon first offense conviction, the employee shall be removed from his/her driving position for not less than thirty-six (36) months. Upon written request, the employee will be considered for placement in other non-dri ving vacancies in the city for which he/she is qualified; however, he/she shall be gi ven 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 position within the thirty (30) day period, the employee's service record will remain unbroken. (4) An employee placed in a non-driving position or ex- employee terminated pursuant to paragraph 3 above may not reapply for a driving job for thirty-six (36) months from the date of his/her removal from the driving job. Thereafter, those employees and ex-employees who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all other qualified applicants, and their past conviction will be considered along with other job related factors. (5) Upon conviction of a second OUI or OWl, an employee in a driving position shall be terminated from employment with the City of Ocoee. (6) Upon conviction of a second OUI or OWl, an employee in a non-driving position as a result of the application of paragraph (3), shall be permanently barred from a driving position within the City of Ocoee. (7) Employees and applicants for employment who have never held a driving position with the City but who have been convicted of DWI or OUI not more than one time, may be considered for driving positions under the same conditions as employees who have been removed from a driving position because of a our or OWl conviction under paragraph ( 3 ) above. Employees and applicants who have two or more OUI 53 or DWI convictions shall not be considered for driving positions. C. Movinq Violations (1) The official Florida state driving record of all employees under FS Chapter 322 shall be reviewed by the City from time to time. If, upon such review, an employee's record reveals seven or more points under FS Section 322.27 within the past three 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 ci ty 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 seven (7) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the ci ty review of employee's record. Thereafter, those employees and ex-employees removed from driving jobs pursuant to paragraph (2) who reapply for a driving job 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 resul t 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 wi th the City and applicants for emploYment who have seven (7) or more points for moving violations at the time they apply for driving positions shall not be considered. If such employees and applicants do not have seven (7) or more points at 54 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 are obligated to maintain a valid Florida Drivers License, 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. D. Period of Inquirv The three year (36 month) driving history will be established from the date of inquiry. 55 SECTION 14 SEPARATION 14.01 Types of Separation Separations from positions in City service are designated as one of the following types: A. Resignations B. Retirement C. Disability D. Death E. Reduction in Force (layoff) F. Termination 14.02 Resiqnation A. Resignation is the separation of an employee from City service through the submi ttal of a notice that the employee wishes to resign. B. Employees wishing to leave City service in good standing shall notify their immediate Supervisor at least ten (10) working days before leaving. Failure to do so may be cause for denying such employee reemployment by the city. c. Absences from work for a period of three (3) consecutive working days without notifying the immediate Supervisor will be considered by the Department Director as the employee's voluntary resignation which must be reported immediately to the City Manager. 14.03 Retirement Retirement is a separation from the Ci ty . Each covered employee will be provided a copy of the retirement plan. Additional copies may be obtained from the Pension Board. 14.04 Disabilitv If a disability is discovered by the Department Director and Director of Personnel & Employee Relations which impairs the effectiveness of the employee or makes continuance on the job a danger to the employee or others, the following action may be taken. A. If the disability is correctable, the employee will be allowed a time, specified by the physician, for correction. If the employee fails to correct the 56 disability within the specified time, the employee shall be subj ect to retirement, termination, or applicable disability benefits. The employee shall have the right in each case of a second opinion, either using a physician selected by the City or a physician selected by the City's physician and the employee's physician. Benefits, if any, are as provided in the applicable City Retirement Plan and/or applicable Disability Plan. B. If, in the opinion of the examining physician, the disability cannot be corrected, the City will attempt to place the employee in another position which he or she can perform or otherwise the City will attempt to reasonably accommodate the employee. If reasonable accommodation cannot be effected, the city shall take steps to separate the employee from city service either through retirement, termination, or through the applicable disability plan. The employee shall have a right in each case of a second opinion, either using a physician selected by the City or a physician selected by the City'S physician and the employee's physician. Benefits, if any, are as outlined in the City Rules. 14.05 Death Separation shall be effective as of the date of death. 14.06 Reduction in Force (Lavoff) A. The City Manager may layoff employees when it is deemed necessary by reason of shortage of funds or work, the abolition of positions, changes in duties or organization, or any other legitimate operational reason. B. The duties performed by any employee laid off may be reassigned to other employees already working who hold positions in appropriate job classifications or the work may be otherwise performed in a manner deemed in the best interests of operational efficiency. C. When it becomes necessary to reduce the number of employees within a given class, employees shall be laid off as follows: (1) Temporary and part-time (2) Probationary employees (3) Permanent employees D. In determining which employees to layoff, the City shall consider length of service in the classification and ability to perform the job. In the event two or more employees in the same classification are of relatively equal ability, the employee with the least amount of continuous service in the class shall be laid off. 57 E. Permanent employees laid off shall be given consideration for openings in their classification or in other classifications which, in the opinion of the City Manager, or his/her designee, the employee is qualified to perform for up to six (6) months; recall will be offered to laid off employees provided they are physically and otherwise qualified to perform the duties of the job. When openings arise within a job classification in which permanent employees are on layoff, the City will consider all employees on layoff from that classification along with other qualified applicants. The City shall fill the vacancy with the person best qualified to perform the work; however, as between employees of relatively equal ability, the person with longest service as a City employee in the class shall be given preference. The City's obligation to so consider laid off employees shall terminate after the employee has been on layoff continuously for six (6) months. F. An employee with the longer service record in a department may displace another employee in the department if there is a reduction of force situation and if the employee wi th the longest service record can perform the work on an equal basis. This employee will receive a rate of pay commensurate with the new grade. The now displaced employee may replace any other employee in the department based upon the length of service record and equal ability and will receive a rate of pay commensurate with the new grade. The employee with the least amount of service to the City in the department displaced may then displace an employee on a city-wide basis with a less service record if he/she is equal in ability. 58 SECTION 15 DISCIPLINARY ACTION/TERMINATION 15.01 Intent A. It is the intent of the City that effective superv1s1on 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 ci ty 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. In 59 determining the discipline to be utilized in a particular case, management shall consider the severity of the offense, the cost involved, the time interval between violations of similar or other rules of conduct, the employee's work record, the employee's length of service with the City, the employee's overall value to the City, the ability of the employee concerned and other factors as may bear on the efficient and harmonious operations of the government. While a more severe penalty than suggested in Section 15.03 may be utilized, the managerial employee who does not utilize the recommended penalty of a Group I offense shall note in writing the reason for such action. 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 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 Second Offense Third Offense Documented verbal warning Written warning Up to ten ( 10 ) working days Suspension without pay Termination Fourth Offense ( 1 ) Operating, using, or possessing tools, equipment or machines to which the employee has not been assigned. 60 (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 spec if ied time for meals or rest periods. ( 5 ) Producti vi ty or competency is less than operational standard. (6) Sleeping on the job unless authorized. (7) Reporting to work or working while unfit for duty, either medically, mentally, or physically. (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 being relieved by the supervisor or the relieving employee on the incoming shift, for those units operating 61 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 Rules & Regulations or Departmental S.O.P.'s for which disciplinary action may be the penalty. GROUP II OFFENSES First Offense - 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, drugs, or barbiturates (not prescribed by a doctor) while on duty or while on or in City property. (6) Unauthorized absences or abuse of leave privileges. (7) Use of official position for personal advantage. (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. ( 9 ) Deliberately or negligently misusing, destroying, or damaging any City property or property of an employee. (10) Falsification of personnel or City record, including emploYment applications, accident records, work records, purchase orders, time sheets, or any other report, record, or document. (11) Making false claims or misrepresentation in an attempt to obtain sickness or accident benefits, or workers' compensation. 62 (12) Insubordination or the refusal to perform work assigned, or to comply with written or verbal instructions of a supervisor. (13) Unauthorized use or possession and display of firearms, explosives, or weapons on or in City property. (14) Removal of City property or any employee's property from ci ty locations without proper authorization; theft of City property or any employee's property. (15) Failure to return from an authorized leave of absence. (16) 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. (17) Absent without permission or leave (A.W.O.L.). (18) 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. (19) Possession, use, sale, attempt to sell, or procure illegal controlled substances or alcoholic beverages while on duty, on City property, or while operating or riding in or on City equipment. (20) Refusal to fully and truthfully cooperate in an investigation conducted by or at the direction of the City. (21) 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. (22) Discourteous, insulting, abusive, or inflammatory language or conduct toward the public or co-workers. (23) Improper racial or sexual comments, harassment or acts directed to any City employee or the general public. (24) Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time, including abusive language. (25) Provoking or instigating a fight or fighting while on duty. 63 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 resol ve problems as they arise. However, it is recognized that there will be grievances which will be resol ved 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. 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 Directors and higher levels of management shall not have the right to file grievances under this 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 employee can fairly, and provided: assure every employee a method in which the get a particular grievance considered rapidly, without reprisal, the following steps are 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 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 64 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 wi thin three (3) working days from receipt of the answer in Step 1. The Department Director shall meet with the employee wi thin three ( 3 ) working days after receipt of the grievance. The Department Director shall give a written answer to the employee wi thin three ( 3) working days after the scheduled meeting. STEP 3 If the grievance is not resolved by the decision of the Department Director, the employee may file a written appeal directly to the City Manager wi thin three ( 3 ) working days after receipt of the written decision of the Department Director. within three (3) working days the City Manager shall have a hearing for the employee and shall render a decision within three (3) working days thereafter. The decision of the City Manager shall be final, and the employee shall have no further right of administrative appeal. 16.03 General provisions A. The time limits of this extended up to five ( 5 ) management or employee vacations, business trips, an extension is required, shall be notified. grievance procedure may be addi tional working days by due to illness, emergency, or other business reasons. If the employee (or management) B. If the response time limit falls on an employee's day off, the reply by management shall be given to the employee on the scheduled workday immediately following. 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. All information of a grievance filed shall be copied to the Personnel Office on the day of receipt in all steps. 65 F. All grievances at their conclusion shall be forwarded to the Personnel Office for coordination, analysis, and filing. G. 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. H. 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 Permanent employees shall be afforded procedural due process as required by law. 66 SECTION 17 RECORDS AND REPORTS 17.01 Responsibilitv The Personnel Office is responsible for establishing and maintaining comprehensive central personnel records of all City employees. 17.02 Records A. All personnel records of employees of the City government covered under the Personnel Management System are maintained in the Personnel Office and are considered the off icial employee records. All employee payroll records shall be maintained by the City Finance Department. All employee pension records shall be maintained by the respective Pension Boards. All other records and materials relating to the administration of the City Personnel Management System shall be considered confidential to the extent allowed by law and the property of the City. B. Employees should keep their personnel records current. This means immediately notifying the Personnel Office of any changes; such as, change of address (even if temporary), change of telephone number, change of beneficiary, number of dependents, divorce, marriage or any status change not previously reported, from that which was originally given at time of emplOYment. This is the responsibility of the employee and failure to comply may result in loss of employee benefits. C. The Personnel Office should be informed of any special training courses completed by an employee. Copies of diplomas or certificates shall be forwarded to the Personnel Off ice to become a permanent part of the employee's personnel file. D. No document shall be added to the official Personnel file of an employee unless said employee has initialed the document. Refusal of an employee to initial a document shall be noted by a witness. 17.03 Records Retention and Disposition Consistent with applicable law, the Personnel Office shall determine the time limit that any personnel records shall be kept on file and the final disposition of such records. 67 SECTION 18 SAFETY 18.01 Accident Prevention All Department Directors, supervisors, and employees must recognize their responsibility for a successful safety program, and will participate in the development, implementation and improvement of this program. Supervisors must have a continuing concern with all reasonable operational economics. 18.02 Accident Reoortinq A. All employees shall be advised of their responsibility to immediately report to their supervisor all injuries that occur on the job. Delay in reporting injuries may cause complication of the injury and delay recovery. B. All supervisors shall immediately report injuries of their employees to the Personnel Office. The Personnel Office shall determine where the employee will be sent for treatment and shall determine which physician will be used. C. All accidents must be reported within twenty-four (24) hours after the date of the accident or injury. If the accident occurs over a holiday or weekend, the accident report shall then be submitted to the Personnel Office wi thin twenty-four (24) hours from the time the work period starts after the weekend or holiday. This also applies to industrial accidents and first aid injuries, as well as to anyone injured in a vehicular accident involving City vehicles. In the latter case, a vehicular accident report will be submitted and, if an employee is injured, a report of injury to the Personnel Office will also be required. D. In the case of all vehicular accidents, the appropriate law enforcement agency and the employee's supervisor must be notified immediately. In the event a Police vehicle is involved in an accident it must be investigated by the Florida Highway Patrol immediately. E. Employees not following safety rules, including not reporting accidents or improper reporting of accidents and injuries within time limits specified above, shall be subject to disciplinary action up to and including termination and loss of Workers' Compensation Benefits. 68 18.03 Safety Ecruipment A. The city will provide safety equipment and devices for employees engaged in work where such special equipment and devices are necessary. Such equipment and devices, where provided, must be used. Failure by employees to utilize provided equipment or devices will subject the employee to disciplinary action up to and including termination. 69