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HomeMy WebLinkAbout04-21-2010 Minutes (unsigned) THE MINUTES OF THE OCOEE PERSONNEL BOARD MEETING HELD APRIL 21, 2010 CALL TO ORDER Chairman Resnik called the meeting to order at 6:04 p.m. in the Commission Chambers Conference Room. He called the roll and declared a quorum to be present. PRESENT: Chairman John Resnik, Members Debbie Bertling, Beth Eikenberry, and Commissioner Rusty Johnson. Also present was Recording Clerk Holly Moseley. ABSENT: None DISCUSSION AND RECOMMENDATION REGARDING PROPOSED CHANGES TO PERSONNEL RULES AND REGULATIONS Member Debbie Bertling explained that they would be reviewing all of the proposed changes highlighted in yellow, whereas the deletions are struck through and the additions are underscored with a double line. Section 1.02D Added some managerial positions to the list of at-will employees and made all employees covered under this section at-will regardless of their hire date, promotion or transfer date. D. Regular Full-Time At-Will Employees 1. Those employees employed before October 1, 2005 in the positions of Administrative or Executive Assistant to the City Manager, Assistant City Manager, Chiefs, and/or Department Directors and Managerial positions including Building Official (except for Public Safety Managerial positions) shall: A. Serve in their position as employees of the City at the will and pleasure of the City Manager. Although, they shall serve in their position at the will and pleasure of the City Manager they may not be terminated except for just cause as provided in Section 15. 2. Employees hired as Chiefs, Assistant City Managers, Department Directors, and Deputy or Assistant Directors after October 1, 2005 or promoted to or accept a transfer or assigned to such position after October 1, 2005 shall: A. Serve in their position and as an employee of the City at the will and pleasure of the City Manager. B. Shall be supervised and evaluated by the City Manager, or designee, and shall not be entitled to Sections 15, 16 or 17 but shall present any Ocoee Personnel Board April 21, 2010 grievance to the City Manager who will resolve them as determined is in the best interest of the City. Commissioner Johnson stated he was opposed to the proposed changes made to at-will employees because it opens it up to giving the city manager more authority over areas and taking more away from what the city commission has say over. It would allow him to promote more staff to managers, allowing a 5% pay increase plus $300/month vehicle allowance and 40 hours/year of administrative leave. He added that it would affect certain people in the City, and he knows who they are. Member Bertling explained that the city manager wanted to include management with the directors. Commissioner Johnson felt that the department directors should be the only ones to receive those benefits, and not the managers. Member Bertling said the managers would not be eligible for the vehicle allowance, and that was an oversight that would be corrected on the PRR’s. Member Resnik agreed with Commissioner Johnson that only the department directors should be at-will and not managers. Section 1.02E Changed maximum number of weeks an at-will employee can receive severance. E. Regular Full-Time At-Will Employees – Special Conditions 1. Regular full time employees covered by Section 1.02D(2) serve at the will and pleasure of the City Manager and have no property rights in employment or their position, they shall be entitled to receive severance pay excluding allowances if terminated by the City Manager. 2. Employees who have served in a position covered by Section 1.02D(2) for more than twelve (12) consecutive months whose employment with the City is terminated will be paid severance pay of one (1) week’s pay for each full year of continuous employment with the City but not less than four (4) weeks nor more than sixteen (16) thirty-two (32) weeks of pay at the employee’s present rate and in accordance with below. 3. … 4. … 5. Employees covered by Section 1.02D(1) (with property rights) may opt to become covered by Section 1.02D(2), at any time after October 1, 2005, provided they request the same in writing, signed by the employee and approved by the City Manager. Afterward they shall be entitled to the same benefits as those employees hired after October 1, 2005 without property rights. Member Eikenberry asked if everyone was okay with all of the other changes in this section that were stricken out. Member Bertling said that the only other changes were because the at-will status was originally a choice for department directors hired before 2 Ocoee Personnel Board April 21, 2010 October 1, 2005, and they were able to opt out. She said the city manager wants it to be required now for positions of management and higher, regardless of when they were hired. Section 2 Definitions of terms Member Bertling reported that the changes in section 2 were just to clean up the language. Section 3.01 New language regarding management sexually harassing or becoming involved with subordinates and knowing or creating a hostile environment. Any Department Director, Manager or Supervisor that creates a hostile environment, knows of or receives a notice that a hostile environment exists or may exist and that Director, Manager or Supervisor does not report the same shall be subject to disciplinary action and/or termination. Any Director, Manager or Supervisor that sexually harasses or becomes involved with a subordinate that they directly supervise, in a romantic relationship (even consensual) shall be subject to disciplinary action and/or termination. Member Bertling said there was an incident that caused this language to be added to the PRR’s, just to spell it out to employees. Section 3.03 New Social Security Collection language. Social Security Collection The City of Ocoee, in accordance with Section 119.071(5) of the Florida Statues, recognizes that an individual’s social security number is a unique form of identification that can be utilized to obtain sensitive information regarding that particular individual. However, the City of Ocoee must collect social security numbers under certain circumstances in order for the City to be able to properly perform its duties and functions as a municipal corporation and in order to ensure that such duties and functions are performed accurately and efficiently. Due to the sensitive nature of an individual’s social security number the City of Ocoee provides the following statement regarding the City’s collection of social security numbers: THE CITY OF OCOEE COLLECTS YOUR SOCIAL SECURITY NUMBER ONLY FOR THE FOLLOWING PURPOSES:  Identification and verification of employment and payroll;  Credit worthiness;  Billing and payments;  Data collection, reconciliation, and tracking;  Benefit processing; 3 Ocoee Personnel Board April 21, 2010  Tax reporting;  New utility account applications;  Bank draft authorizations;  Vendor registration applications;  Volunteer contracts for background checks;  Emergency Transport for billing and insurance;  Police Statements and arrests for verification of identity;  Voluntary fingerprinting;  Employee insurance and pension issues;  Local business tax applications; and  Training Certifications/Licensure Member Bertling said this is a fairly new state law, so they decided to add it to the PRR’s for all to be informed. 4.01 Conflict of Interest G. If any supervisor and a subordinate become romantically involved, the supervisor must report the same immediately to their supervisor. Any such relationship shall cause the reassignment of one of the affected employees. Failure to report such a relationship shall cause the supervisor to be subject to discipline. There was no discussion on this section. 4.04 Solicitation and Distribution A. Employee contributions to recognized charitable organizations are purely voluntary. No coercion of an employee to make contributions shall be permitted. City employees are prohibited from soliciting any other employee of the City for any reason during work periods. Although employees may make voluntary contributions to recognized charitable organizations, no coercion of an employee to make contributions shall be permitted. It is prohibited to solicit employees in support of or in opposition to any labor organization or association during their working hours or the working hours of the employees sought to be solicited under circumstances which interfere with their work or the work of other employees or the efficient operations of the City. 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 under circumstances which interfere with their work or the work of other employees or the efficient operations of the City. CB. City employees are prohibited from distributing any non-work related literature, for any purpose, during working hours or at anytime in any area where City work is performed 4 Ocoee Personnel Board April 21, 2010 under circumstances which interfere with their work or the work of other employees or the efficient operations of the City. F. Employees may solicit or be solicited or participate in activity as mentioned in sections A, B, and C above, or conduct other non-work related duties during recognized breaks, meal periods or periods of rest when no work related duties are expected. These solicitations during the employee’s non-work related periods are not to interfere with other employees expected to work or the efficient continued operations of the work area. There was no discussion on this section. 6.03 Promotions D. Human Resources shall evaluate all employees to determine who meet the minimum qualifications to bid on a posted job vacancy and make a recommendation for the promotion to the Department Director. The Department Director shall have the discretion to consider other related factors before making a final decision. There was no discussion on this section. Section 6.05 New language regarding terminated employees re-applying. B. Any employee who is terminated during the probationary period or any employee who is terminated for cause after the probationary period will be required to wait one year before re-applying for employment with the City of Ocoee. Member Resnik asked if employees who leave ever come back to work for the city. Member Bertling said it happens a lot, but they find that most employees who resign and return do not stay long the second time. Section 6.07 New employment reference language. Any requests for employment verification, employment references, and/or employment history regarding present employees or previous employees that no longer work for the City of Ocoee, shall be referred to the Human Resources Department. No other Department or person, other than the City Manager, shall provide any of the above information. Member Bertling explained that this section was added to make sure that departments are aware that all employment references must be made through the Human Resources Department only and not provided from other departments. 7.04 Special Detail 5 Ocoee Personnel Board April 21, 2010 A. From time to time persons not in the employ of the City of Ocoee seek the services of members of the Police and Fire Department to assist in special details that are not a normal part of the regular day-to-day business of the City of Ocoee. Assignment to special details is limited to sworn full-time police officers and certified full-time Fire Department employees for the performance of police or fire type functions. All special detail assignments are made through the department and normally occur during the employee’s normal time off away from City property. Member Bertling said these changes are specifically for police and fire staff. Section 8.02C Holiday Pay language edited slightly. C. Holiday Pay 1. Full-time non-exempt employees, except those covered by a Collective Bargaining Agreement, who work a regular schedule of 8, or 9, 10 or 12 hour days shall receive eight (8), or nine (9), ten (10) or twelve (12) hours at their straight time hourly rate. Those who work 10 hour days shall receive ten (10) hours at their straight time hourly rate. 2. Regular Ppart-time employees who are assigned a regular schedule of more than twenty (20) but less than forty (40) hours a week, shall receive four (4) hours at their regular hourly rate provided they meet the requirements of Section 8.02(B) above and provided they are on a paid status. F. Employees must complete their initial one-year probationary period in order to qualify for the additional sixteen hours of PTO. Member Bertling explained that this section was originally in place when all staff worked 8 hour days, 5 days per week. Now that the 9/80 schedule is offered, it was only fair to change the holidays to reflect those with different work schedules. 9.01 Eligibility B. All Ffull-time probationary employees and At will employees covered by Section 1.02D(2) may use accrued hours from the date of hire. Paid time off not taken by a full- time employee who does not successfully complete the first six (6) months of the initial probationary period, including resigning, shall not be paid any accrued hours upon termination of employment. There was no discussion on this section. Section 9.05 Added language regarding calling off work without prior approval. 6 Ocoee Personnel Board April 21, 2010 C. Absence for any bona fide illness or other personal emergency. Any employee that calls off work without prior written approval more than three times within a twelve (12) month period shall be subject to disciplinary action. The twelve (12) month period shall be a rolling period of time. CD. Absences not approved under Section 9.04, or paragraphs A, or B, or C of this Section will subject employees to disciplinary action under Section 15. Any absence where the employee is considered away without approval, for three or more consecutive work days, will result in termination of employment. Member Bertling said that this section was changed to reflect on those employees who abuse their time by calling in the day of their absence on multiple occasions in a one year period. Section 9.06A Changed PTO accrual for at-will employees and edited number of PTO hours added to accruals each year (for floating holiday). A. Full-time employees earn Paid Time Off (P.T.O.) as follows: One through five years of service - 6.78 hours bi-weekly (176.28 hours per year) Six through fifteen years of service - 8.31 hours bi-weekly (216.06 hours per year) Sixteen years + - 9.85 hours bi-weekly (256.10 hours per year) At will employees covered by Section 1.02D with sixteen (16) or more years of service shall earn 11.54 hours of Paid Time Off (P.T.O.) bi-weekly (300.04 hours per year). All full-time employees (except bargaining unit employees) who have completed their initial one (1) year probationary period shall receive sixteen (16) hours two (2) days of paid time off equal to the number of regularly scheduled hours worked (i.e. 16 hours for employees working a regular schedule of 8 hour days, 18 hours for employees working a regular schedule of 9 hour days, 20 hours for employees working a regular schedule of 10 hour days and 24 hours for employees working a regular schedule st of 12 hour days). These hours shall be added to their accruals after October 1 each year and only after the employee has worked for the City for one year without a break in service. This one (1) year period does not include time worked as a temporary or part- time employee. Employees assigned to work a regular ten (10) hour schedule shall have twenty (20) hours added to their accrual. Member Bertling stated that this section allows the employees of section 1.02D to accrue more hours of PTO after sixteen years of service than regular employees. Commissioner Johnson disagreed with that change and believed that all employees should have equal benefits. 7 Ocoee Personnel Board April 21, 2010 Recording Clerk Moseley asked if it was a good time to mention that she received a suggestion for the next Employee Committee meeting to add another level of PTO accrual, so that it rises by 1.5 hours every five years of employment, such as the Fire personnel receives. Commissioner Johnson thought that everything should be on a fair scale for everyone, except the city manager who is under contract. Member Resnik agreed with Commissioner Johnson. Commissioner Johnson said the at-will employees already get a higher salary and a higher raise each year than the general employees, plus a monthly vehicle allowance and administrative leave time each year. He added that they also have the benefit of coming to work for one hour and getting paid for the whole day. He said that he knows some department directors attend commission meetings, but that is why they receive director’s pay. Member Resnik agreed; they make more money because they are always on-call. Member Bertling said the other change was inspired by the Employee Committee because all employees receive 16 hours of PTO at the beginning of each year, which is lieu of 2 floating holidays. However, some employees work 9 hour days and some 10 hour days; therefore, the change will allow for 2 full days paid for every employee. Section 9.08B Added language concerning PTO accruals of employees terminated for just cause. B. Employees terminated from employment for just cause shall not be entitled to compensation for any earned but unused paid time off hours or any severance except in unique circumstances when approved by the City Manager. Member Bertling explained that employees terminated for just cause would not be compensated for any earned but unused PTO hours upon departure. Member Resnik disagreed and felt that any employee who earns PTO hours should be entitled to receiving them. Commissioner Johnson agreed with Member Resnik and inquired if such a change would result in a potential lawsuit. He added that they should check with the city attorney before adding that language to the PRR’s. Member Eikenberry added that the reason of ‘just cause’ should be changed to something harsher, such as stealing or committing a crime. Member Resnik and Commissioner Johnson agreed. Member Bertling read the definition for just cause. Section 9.10 New language concerning administrative leave for employees under investigation. 8 Ocoee Personnel Board April 21, 2010 At will employees covered by Section 1.02D(2) above pay-grade thirty-six (36) of the Pay Plan st shall be credited with forty (40) hours of administrative leave on October 1 of each year. Employees must have served at least two months in the position before receiving these hours. Administrative leave shall be used in accordance with Section 9.04 and 9.05. Any administrative leave not used in the Fiscal Year shall not accrue and will be lost in accordance with Section 9. Any administrative leave not used will not be paid out upon separation. Paid administrative leave for employees who are under investigation must be approved by the City Manager prior to such action. Member Bertling stated this section was changed to include all at-will employees, despite what pay grade they fall into. Commissioner Johnson said this section reflects giving more benefits to more employees than directors, and he is not in favor of authorizing that change. He again emphasized that only department directors should be at-will employees and receive all of the benefits that come with that status (administrative leave and vehicle allowance). Member Resnik agreed with Commissioner Johnson that only directors should hold the at-will status. Section 9.11 Leave Time Donation Program edited slightly and added language for return of hours if denied. All full time employees who have completed one year of continuous full-time employment with the City and have accrued at least 40 hours of Paid Time Off will be eligible to participate in the Leave Time Donation Program. This program will be effective the date of approval by the Commission. Initial lLeave time donation to the program will occur within 30 days of the effective date and then during the month of January in subsequent years. The City Manager and Assistant City Manager will be responsible to review all requests for donated leave time from participating employees as presented by the Human Resources Director. The City Manager will approve or deny requests in accordance with the above. Neither any approval nor denials of any request(s) shall be subject to any grievance procedure. The decision of the City Manager shall be final and not subject to any review or administrative process. If a request to use donated leave under this program is denied, the number of hours the participating employee donated during the last enrollment period will be returned to their PTO accrual bank. Member Bertling explained that this section was amended due to an employee who donated time to the leave program, but were denied use of donated hours when requested. They were denied because the city reviewed their history and found that they were using all of their PTO hours as quickly as they accrued it, which was not fair to others. The city 9 Ocoee Personnel Board April 21, 2010 returned their personally donated hours back to them, but wanted it to be in writing in the PRR’s for all to be informed of how the program worked. Section 9.12 New language added to address PTO accruals relating to pension. Whenever an employee decides to enter the Deferred Retirement Option Plan (DROP), either in the Police & Fire or General Employee Fund Plan(s), the employee shall receive credit for all accrued paid time off hours on the entry date into the DROP. The DROP participant may either decide to maintain all of their accrued paid time off hours and not cash the accrued hours or they can decide to cash in all accrued hours in their paid time off account on the entry date into the DROP. A DROP participant that decides not to cash in their accrued paid time off hours shall be entitled to the same paid time off accruals and other entitlements in accordance with the paid time off policy section (9.06) of the Personnel Rules and Regulations (PRR’s) for the remainder of their employment. Should this DROP participant have any accrued paid time off hours on the date of separation, those hours shall be paid out upon separation. A DROP participant that decided to cash in the paid time off hours on the effective date of entering the DROP shall be entitled to accrue paid time off hours in accordance with the Personnel Rules and Regulations for the remainder of their employment, except for the following; This DROP participant will not be entitled to cash out any accrued hours earned between the date of entering the DROP and the date they separated employment. This DROP participant shall be entitled to earn a maximum of and carry over from one year to another a total of 256 hours while in the DROP. The above provisions shall also apply to employees in the General Employees’ Plan that reach their maximum time of 27 years of eligible service. For those employees that decide to remain as a participant in the GE Pension Fund, their PTO accruals shall remain in accordance with the PRR’s. Those employees that decide to stop participating in the GE Pension Fund shall be treated as if they entered the DROP and entitled to the above choices regarding cash out of PTO hours. Member Bertling reported that it is the policy of both pension plans that once an employee enters into the DROP that whatever PTO hours they have accrued are to be counted as salary earned. However, it is up to the City to determine a policy as to whether that time be paid out, not paid out, how it goes forward, etc. Section 10.01 Cap on number of hours taken per year for bereavement leave. A. Full-time employees other than those on a Section 7(k) schedule in the Fire Department 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 for bereavement leave as described in (B) below. Full-time Fire Department employees on a Section 7(k) schedule shall be 10 Ocoee Personnel Board April 21, 2010 granted time off with pay not to exceed one (1) shift or twenty-four (24) hours. Employees will not be granted more than forty (40) hours of bereavement time off within a calendar year. Employees covered by a collective bargaining agreement shall be governed accordingly. Employees may extend this time-off by requesting use of paid time off, if approved by the Department Director. B. Immediate Family – Up to three (3) consecutive work days bereavement leave: Member Bertling explained that there was an incident whereas an employee lost several family members in one year’s time, and used bereavement time on multiple occasions. Now they want to put a cap on the number of bereavement days paid per year; however, employees are always welcome to use their own PTO for additional time needed. Section 10.03 Conference Leave/Travel Policy amended. 3. All travel must be by a usually traveled route. If a person travels by an indirect route for his/her own convenience, any extra costs shall be borne by the traveler. 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 City. When travel is by public transportation, necessary taxi, limousine, or car rental fares and parking fees are reimbursable, when substantiated by receipts. 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 the time limit of that call is reasonable. No other personal calls are reimbursable. 6. Gratuities (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. 75. 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 10.03(B) (9)(7) relating to per diem. 86. While the City acknowledges that attendance and participation in professional associated meetings constitutes a public purpose in relation to the training and education of its employees, 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 per 11 Ocoee Personnel Board April 21, 2010 attendee. All travelers may be allowed for subsistence the cost of meals determined by an approved rating method 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 the 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. 97. Per Diem is an alternative to reimbursement for lodging and meals. A traveler may receive up to $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 are required for meals or lodging. 10. Meals and other expenses charged to a City credit/purchasing card are not reimbursable to employees. The 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 individual basis by completing the necessary travel form which must be approved by the City 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 fourteen (14) 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. 12 Ocoee Personnel Board April 21, 2010 158. When the City Manager approves agrees to reimburse a job applicant for his/her expenses to come to an interview (air faire, 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 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. Member Bertling said the city basically got rid of the use of Runzheimer for their travel expense reporting. Section 10.04 Edited Rental Car Policy slightly. A Policy Vendor: Enterprise Rent-a-Car: locally, nationally, and in Canada, the United Kingdom, and Germany. The vendor shall be determined by the City as the rental company. The rates provided for in the contract are established for the Central Florida Area. Regional Rates may vary. Enterprise The rental company shall provide insurance coverage in accordance with the contract and that rate shall be added to the rental cost. Applicable taxes will apply outside the State of Florida. B. Procedure Reservations: Reserve over the Internet through the link available on the City’s Intranet (under Finance, find “Enterprise”), or reserve by calling a local Enterprise Rent-a-Car location. It is recommended that a call be made to Enterprise to confirm pickup time and location. Member Bertling said they removed the use of Enterprise for the rental car company, in case that changes in the future. Section 10.06 Amended Family Medical Leave to include law changes. A. Eligibility and Reasons Employees who have worked for the City for at least twelve (12) months and at least 1,250 hours during the preceding twelve (12) months may take up to twelve (12) weeks 13 Ocoee Personnel Board April 21, 2010 of unpaid leave (see Section 10.06 I) in a twelve (12) month period for the following reasons: 1. The birth of a son/daughter of an employee and to care for the newborn child; 4. A serious health condition which renders the employee unable to perform the essential functions of the employee's position. 5. A qualifying exigency (as defined below) arising out of the fact that the employee’s spouse, child (of any age) or parent is a retired or reservist member of the military on active duty or has been notified of an impending call or order to active duty in support of a contingency operation. Leave under this subsection is not available for an employee whose family member is on active duty as a member of the Regular Armed Forces. Son or daughter means a biological, adopted or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is (a) under 18 years of age; or (b) 18 years of age or older and incapable of self care because of a mental or physical disability. B. Employees who have worked for the City for at least twelve (12) months and at least 1,250 hours during the preceding twelve (12) months may take up to twenty-six (26) weeks of unpaid leave (see Section 10.06 I) in a single twelve (12) month period in order to care for the employee’s spouse, child (of any age), parent or next of kin who is a military service member who is undergoing medical treatment, recuperation, or therapy, or who is in outpatient status, or who is otherwise on the temporary disability retired list, for a serious injury or illness incurred in the line of duty while on active duty in the Armed Forces. BC. Definitions Serious Health Condition A "serious health condition" means an illness, injury, impairment, or physical or mental condition that involves either: (1) in-patient care (i.e., an overnight stay) in a hospital, hospice, or residential medical care facility, including any period of incapacity (for purposes of this policy defined to mean the inability to work, attend school or perform other regular daily activities due to the serious health condition, treatment therefore, or recovery therefrom), or any subsequent treatment in connection with in-patient care; or (2) continuing treatment by a health care provider, as defined by the FMLA and the pertinent regulations. Serious Injury or Illness A “serious injury or illness” means an injury or illness incurred by a military servicemember in the line of duty on active duty that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank or rating. 14 Ocoee Personnel Board April 21, 2010 Son or Daughter (Child) Except as otherwise noted in this policy, “son, daughter or child” means a biological, adopted or foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis (in the place of a parent) and who is either under the age of eighteen (18) or, if older than the age of eighteen (18), is incapable of self care because of a mental or physical disability. Parent “Parent” means a biological, adoptive, step or foster parent, or any other individual who stood in loco parentis (in the place of a parent) to the employee when the employee was a child. Parent does not include parents “in law”. Next of Kin The “next of kin” of a military servicemember means the nearest blood relative other than the servicemember’s spouse, parent or child, in the following order of priority (unless the servicemember has specifically designated in writing another blood relative as his/her nearest blood relative for purposes of military caregiver): (1) blood relative who have been granted legal custody of the servicemember, (2) brothers and sisters, (3) grandparents, (4) aunts and uncles and (5) first cousins. Qualifying Exigency A “qualifying exigency” includes leave taken for any of the following reasons: (1) to address any issue resulting from an impending call to active duty deployment on less than seven days’ notice, (2) to attend military events and related activities (such as a military ceremony, briefing, family support program, etc.), (3) to make arrangements relating to childcare and school activities, (4) to make financial and legal arrangements, (5) to attend counseling, (6) to spend time with a covered military member who is on a short-term, temporary rest and recuperation leave during the period of deployment, (7) to attend post-deployment activities (such as a military ceremony, event, reintegration briefing, etc.), and (8) any other exigency agreed upon by the City and the employee. CD. Intermittent Leave or Leave on a Reduced Schedule Basis 1. In the case of unpaid leave for a serious health condition or a servicemember’s serious injury or illness, the leave may be taken intermittently or on a reduced hours schedule basis only if such leave is medically necessary and the medical need can be best accommodated by intermittent leave or a reduced schedule. If intermittent leave or leave on a reduced schedule basis is required for planned medical treatment, the employee is required to make reasonable efforts to schedule the treatment so as not to unduly disrupt the City operations. If intermittent or reduced hours leave is required, the City Manager may in his/her sole discretion temporarily transfer the employee to another job with equivalent pay and benefits that better accommodates that type of leave. 15 Ocoee Personnel Board April 21, 2010 2. In the case of leave for the birth or placement of a child in adoption or foster care, intermittent leave or working a reduced schedule is not permitted unless the City, in its sole discretion, elects to allow it (requested and approved by the Department Director). 3. In the case of leave based upon a qualifying exigency, leave may be taken intermittently or on a reduced schedule basis. 4. If intermittent or reduced schedule leave is required or provided, the City Manager may, in his/her sole discretion, temporarily transfer the employee to another position for which the employee is qualified with equivalent pay and benefits that better accommodates that type of leave. E. Measuring the Twelve (12) Month Period and Counting FMLA Leave 1. For leave taken for any of the reasons listed in Section 10.06 A, the twelve (12) month period in which eligible employees may take twelve (12) weeks of leave will be calculated using a “rolling” twelve (12) month period measured backward from the date an employee uses any FMLA leave. At any time when a need for FMLA leave arises, the amount of FMLA that an employee would be entitled to use is measured by counting how much FMLA leave the employee has used during the prior twelve (12) months. If during that prior twelve (12) month period the employee has already used twelve (12) weeks of FMLA leave, the leave is exhausted. If the employee has not used twelve (12) weeks of FMLA leave during the prior twelve (12) month period, he or she is entitled to the balance of the twelve (12) weeks that has not been used. 2. For leave taken for the reason listed in Section 10.06 B, the single twelve (12) month period for calculating leave needed to care for a military servicemember begins when the employee first starts taking leave for that reason and ends twelve (12) months after that date. Leave under Section 10.06 B may not exceed twenty-six (26) weeks in any single twelve (12) month period when combined with other FMLA-qualifying leave under any section of this policy. 3. For leave taken for the birth of a child or placement of a child for adoption or foster care, the entitlement to leave under this policy expires twelve (12) months from the date of the child’s birth or placement. 4. If both spouses work for the City, the combined leave shall not exceed twelve (12) weeks in a twelve (12) month period if the leave is taken for the birth of the employee’s child, or to care for the child after birth, for the placement of a child with the employee for adoptions or foster care, or to care for the employee’s parent with a serious health condition. 5. If both spouses work for the City, the combined leave shall not exceed twenty- six (26) weeks of the leave during the single twelve (12) month period described in Section 10.06 B above if the leave is taken for the birth of the employee’s child, or to care for the child after birth, for the placement of a 16 Ocoee Personnel Board April 21, 2010 child with the employee for adoption or foster care, to care for the employee’s parent with a serious health condition, or to care for a servicemember with a serious injury or illness. 6. To the extent allowed by law, in the event an absence is for a reason covered by this policy, the City reserves the right to count it as FMLA leave whether the employee has requested FMLA leave or not. Leaves covered by workers’ compensation and/or the disability plan will also be counted as FMLA leave to the extent the leave qualifies under this policy. F. Employee Notice and Certification Requirements 1. For the leave that is foreseeable, the employee must provide the City with at least thirty (30) days’ notice. If the need for leave is not foreseeable, the employee is required to provide the City with as much notice as is practicable once the need for leave becomes known. Requests for leave should be on approved forms which are available from the Human Resources Department. 2. The City will require that leave based upon a serious health condition, or a servicemember’s serious injury or illness, be supported by a medical certification from a health care provider. In accordance with applicable regulations, the City may request, at the City’s expense, a second opinion from a health care provider of the City’s choice (as well as a third opinion if the second opinion conflicts with the first opinion). The City will require that medical certification be submitted showing that a request for intermittent leave or leave on a reduced schedule basis is medically necessary. 3. The City may require subsequent medial recertification of an ongoing condition from the employee’s health care provider every six (6) months in conjunction with an absence, or more often to the extent permitted by applicable law. 4. The City will require that leave based upon a qualifying exigency also be supported by a certification and supporting documentation, including a copy of the military member’s active duty orders or other similar documentation. 5. Certification forms to be completed under this section are available from the Human Resources Department. If an employee’s certification or recertification is deemed by the City to be incomplete, the City will notify the employee of the deficiency and the employee will be provided seven (7) days to cure the deficiency. A failure to complete the certification may result in denial of leave for the period of time until the completed certification is submitted. 6. During leaves under this policy, the employee must periodically report on their medical status and intent to return to work. Upon taking such leave, the employee will be advised of the reporting requirements. 7. For leave taken because of the employee’s own serious health condition, the employee is required to furnish a medical certification from his or her health 17 Ocoee Personnel Board April 21, 2010 care provider advising that the employee is able to safely resume performing the essential function of his or her position before the employee will be allowed to return to work. D. Verification The City will require that an employee's leave to care for the employee's seriously ill spouse, son, daughter, or parent, or due to the employee's own serious health condition that makes the employee unable to perform one or more of the essential functions of the employee's position, be supported by a certification issued by the health care provider of the employee or the employee's ill family member. In accordance with U.S. Department of Labor rules, the City may request, at the City's expense, a second or third health care provider's opinion for leave taken because of a serious health condition. The City may also require subsequent re-certification from the employee's health care provider on a reasonable basis, in accordance with Department of Labor rules, which normally will not be more than every thirty days. No second or third opinion may be required upon re-certification. E. Children In the case of unpaid leave for the birth or placement of a child, or foster care, intermittent leave or working a reduced number of hours is not permitted unless requested and approved by the Department Director. F. Spouses If both spouses work for the City, the combined leave shall not exceed twelve (12) weeks if the leave is taken: 1. for birth of the employee's son or daughter or to care for the child after birth; 2. for placement of a son or daughter with the employee for adoption or foster care, or to care for the child after placement; or 3. to care for the employee's parent with a serious health condition. G. Health Insurance Premiums 1. During FMLA leaves of absence under this policy, the City will continue to pay its portion of the health insurance premiums and maintain the employee's coverage under the health plan in the same manner as if the employee had been continuously employed during the entire leave period provided the employee continues to pay his or her share of the premiums. 2. Should the employee fail to continue to pay his or her share of the premium, notices of proposed insurance cancellation and the opportunity to pay the premium as required by the FMLA will be provided before the cancellation. 18 Ocoee Personnel Board April 21, 2010 3. Employees The employee will be advised well in advance of any changes in premiums so they that he or she will have ample opportunity to make arrangements to continue to pay their his or her share of the premiums during the FMLA. To avoid required reimbursement, appropriate certification from a health care provider may be required if the employee does not return to work because of a serious health condition. 4. If the employee does not return to work after the expiration of the leave, the employee will be required to reimburse the City for it’s the City’s portion of health insurance premiums during the leave as permitted by law, unless the employee does not return because of the presence of due to a serious health condition which prevents the employee from performing his or her job or circumstances beyond the control of the employee. To avoid required reimbursement, appropriate certification from a health care provider may be required if the employee does not return to work because of a serious health condition. H. Accrual During FMLA any period of leave under this policy, the FMLA does not require accrual of employment benefits, such as vacation pay, sick days medical leave, seniority, etc., shall continue. Accordingly, during FMLA leave, accrual of benefits and seniority shall be on the same basis as for any other unpaid leave of absence. Pension benefits will be determined in accordance with Department of Labor rules applicable regulations, but employees will be required to make the pension contributions required, if any, under any City sponsored pension plan covering them. Employment benefits to which an employee may be entitled on the day on which the FMLA leave of absence begins will not be lost because of such leave, except for those paid leave days substituted for unpaid leave taken under this policy as described above below. Upon return from FMLA leave, employees are entitled to any changes in benefit plans not dependent upon seniority or accrual during the leave period. Employees will not be disqualified from bonuses based upon attendance or safety for which they qualified prior to leave because of the taking of FMLA leave. I. Relationship To Substitution of Accrued Paid Leave 1. Employees will be required to substitute accrued paid time off for an equivalent portion of FMLA leave under this policy. This means that the employee’s FMLA leave under this policy will run concurrently with the use of any accrued paid leave. The employee will be notified of the designation when the leave begins. 2. To the extent the City does not provide paid sick/medical leave for a condition covered by the FMLA, neither this policy nor the FMLA entitles the employee 19 Ocoee Personnel Board April 21, 2010 to paid leave. However, under paragraphs (1) and (2) above, paid leave and the FMLA leave will run concurrently. 3. Where the leave is not unpaid but the employee is not receiving his or her full pay (such as when on workers’ compensation leave or leave under the disability plan), accrued paid leave may be used to supplement the employee’s pay to bring him or her up to their full salary, to the extent that both the City and the employee agree. Leave covered by workers' compensation or the disability plan will run concurrently with FMLA leave when the reason for the leave is covered by the FMLA.; however, the City will allow the use of a paid leave under paragraphs (1) and (2) to be used to supplement worker’s compensation to the extent that all compensation received by the employee from all sources, including but not limited to worker’s compensation, LTD and STD, does not exceed the employees straight time regular wages each week. J. Return from FMLA With the exception of certain key employees, employees who return to work from family FMLA leave of absence within or on the business day following the expiration of the leave are entitled to return to their job or an equivalent position with equivalent benefits, pay and other terms and conditions of employment. Designation of key employee status and whether such status will affect the employee's right to reinstatement will be made at the time the employee requests leave, or at the commencement of leave, whichever is earlier, or as soon as practicable thereafter if such determination cannot be made at that time. K. Application Applications by the employee for family leave must be submitted in writing at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable based on an expected birth, placement for adoption or foster care, or planned medical treatment for a serious health condition of the employee or of a family member. If thirty (30) days notice is not practicable, such as because of a lack of knowledge of approximately when leave will be required to begin, a change in circumstances, or a medical emergency, notice must be given as soon as practicable. THIS PROVISION IS REQUIRED FOR ALL REQUESTS. L. Counting FMLA Leave To the extent allowed by law, in the event an absence is for a reason covered by the FMLA, the City reserves the right to count it as FMLA whether the employee has applied for it or not. When this occurs, the employee will be notified. M. Coordination Absences due to sickness or injury, whether paid or unpaid, including absences for work-related sickness or injury that are also covered by the FMLA will be considered as FMLA leave. 20 Ocoee Personnel Board April 21, 2010 N. Employee Obligations During FMLA leave, employees must periodically report on their medical status and intent to return to work. Upon taking such leave, the employee will be advised of the reporting requirements. When the employee gives unequivocal notice of his/her intent not to return to work, the employment relationship will be terminated, and the employee's entitlement to continued leave, maintenance of health benefits, and reemployment will cease. O. Medical Evidence Upon Return To Work All employees of the City whose FMLA leave was taken because of the employee's own serious health condition must obtain and present certification from the employee's health care provider that the employee is able to resume work with no restrictions or limitations before the employee will be allowed to return to work. PK. Failure to Cooperate Employees who fail to provide the information to, or otherwise cooperate with, that the City is allowed by law to require the employee to provide in administering this policy, or who provide intentionally untruthful information as to the facts upon which the FMLA leave was granted, may have their leave delayed and/or be subject to discipline up to and including discharge as permitted by law. Member Bertling notified the members that the laws changed for FMLA, mostly referring to military, and this section was reflecting that. Section 10.07 Added language concerning maximum number of weeks granted for extended employee leave. A. A full-time employee who is unable to work due to bona fide medical reasons, including pregnancy or childbirth, may be granted, upon request, an extended leave of absence without pay for up to an additional twelve (12) weeks but only after the twelve (12) weeks of FLMA entitlement has been exhausted and the reason for the absence is covered by the FMLA. The employee will be required to submit a certification form similar to the FMLA form to be considered for this benefit. These requests will be considered on a case-by-case basis in a fair and consistent manner and must be approved at the sole discretion of the City Manager. Member Bertling said the approval to use an additional twelve weeks after FMLA is granted on a case by case basis. Section 10.11 Domestic Violence Leave edited slightly to add Sexual Violence. 21 Ocoee Personnel Board April 21, 2010 Member Bertling said they just added the word sexual beside domestic throughout the section, due to the advice of the city attorney. Section 13.04 New language regarding firearms at work. Firearms At Work (Right to Keep and Bear Arms in Motor Vehicles) Employees who posses a valid concealed weapons permit pursuant to Florida Statues Section 790.06 will be allowed to have a firearm on City property but only if the firearm is stored out of sight and locked in the employee’s personal vehicle at all times. Employees who do not posses a valid concealed weapons permit or violate this policy may be subject to disciplinary action, up to and including termination. Member Bertling said this section was added to be in compliance with new state law. Section 12.03 Administration was not amended in the PRR’s; however, Commissioner Johnson stated he did not like that section the way it was because it allowed the city manager permission to do whatever he wanted to do. Section 13.11 Take Home Vehicle Policy amended restricting use and adding red light camera violations. B. Policy The City of Ocoee has instituted this take-home vehicle program for management members of the City. This program will assist in providing the community with a more visual presence in their neighborhoods. A secondary benefit of the take-home vehicle program will be decreased operating and maintenance costs to the City of Ocoee for the fleet. Vehicles will also be maintained in a cleaner, more professional manner as the individual employees are directly responsible for the vehicle’s care. C. Procedure 1. The vehicle may be operated only by authorized employees. The City Manager or designee(s) may permit vehicles outside the city limits of Ocoee upon approval, in writing. This includes any schools to be attended by department members. 2. The personal use of take home vehicles is prohibited unless the employee lives within the Joint Planning Area of Ocoee and then only driven within the Joint 22 Ocoee Personnel Board April 21, 2010 Planning Area when off duty shall be generally restricted to the city limits of Ocoee. 3. Personal use of the take home vehicle shall be authorized for reasonable personal transportation. 87. While on duty, passengers shall be restricted to official business or subject to the requirements of the ride-along program. All other passengers, including family members, are prohibited from riding in the take home vehicle regardless of whether the employee is on duty or off duty. 12. Employees responsible for Red Light Camera violations according to adopted Policy (See Section 13.21). Member Bertling said there were some issues with police officers allowing family members to ride in their police vehicles and that is not permitted. She said they also added a section as a result of the new red light camera ordinance in Ocoee. Section 13.10 Auto Allowance was not amended in the PRR’s; however, Commissioner Johnson pointed out that this section also relates to the at-will employees and the proposed changes to that status as they discussed earlier. Member Resnik said he was not fully knowledgeable about that status, and inquired if the directors received a monthly car allowance because they use their own vehicles. Commissioner Johnson said that all employees have to drive themselves to and from work, and asked if Member Eikenberry received $300/month vehicle allowance. Member Eikenberry said she did, and she uses her own vehicle for meetings at the elections office, etc. without being reimbursed for mileage. Commissioner Johnson said he doesn’t have a problem with directors getting it, but these proposed changes are going to open it up to giving the same to other people. He wants it to be fair to all general employees; they make the money and they should get the money. It isn’t right when general employees cannot get a raise, but the managerial staff and department directors can receive all of these additional benefits. Section 13.15 Edited Education Incentive Program slightly. A. The course or curriculum will be at an Associates, Bachelors or Masters Degree level only and shall be related to the employee’s job or will contribute to the long-range value of the employee to the City, not to provide training for jobs with other employers. This determination will be made by the Education Committee. B. There will be no duplicate payments for the same course, if the course is reimbursable through some other source, such as, but not limited to, pre-paid funds, scholarships, grants, GI Bill or other trusts, then provisions of the City’s education tuition payment plan shall not apply. 23 Ocoee Personnel Board April 21, 2010 C. Requirements to obtain these benefits are: 8. Advanced payment for tuition may be considered in certain verified hardship situations. D. The City will attempt to make minor modifications of rearrange work schedules for classes (with the use of PTO), at the Directors discretion and if it does not interrupt the normal work flow. Member Bertling said the city wants to make sure that employees benefiting from the Education Incentive Program are pursuing a degree; there have been incidents when employees are only taken a few classes. Also, the city is requesting that employees pay for their own tuition up front and be reimbursed by the city when a grade of C or above is verified. Commissioner Johnson said that most general employees cannot afford to pay for the tuition on their own because they don’t make enough money. Member Bertling said the city will prepay the tuition if the employee can prove a financial hardship. Member Resnik agreed with Commissioner Johnson that it was unfair and not always possible for employees to pay for their tuition themselves; they both agree that it should be considered on a case by case basis taking each employee’s salary into consideration. Section 13.17 Edited Uniform policy slightly. A. The employees in specified classifications shall be issued standard uniforms and safety items. Payment for purchasing uniforms is controlled by separate Policy. Personal Protective Equipment, i.e. safety shoes, boots, clothing (such as raincoats, gloves, vests) and other related articles of clothing shall be considered as part of a uniform and therefore not subject to gift tax. There was discussion of an incident of employees be required to leave their work boots at work. That situation was corrected and this section protects the employees from being taxed on such articles of clothing worn for work. Section 13.21 New language regarding Red Light Camera Violations. Arrests, Criminal Convictions, and Moving Traffic Violations and Red Light Camera Violations Any violation of the Red Light Camera Ordinance shall subject the employee to discipline as follows: First Offense - Employee agrees to pay the fine or in lieu of paying the fine receives a formal written warning placed in their personnel file. 24 Ocoee Personnel Board April 21, 2010 Second Offense - Employee pays the fine and if they did not receive a written warning for their first offense, then a written warning will be issued and placed in their personnel file. If they opted for the written warning the first time, then the employee would receive a one day suspension. Third Offense - Employee pays the fine and receives a period of suspension and a final notice of termination for any subsequent events. Fourth Offense – The employee would be subject to termination. 13.2113.22 Information Systems Usage Policy B. Warning Every City employee and elected official shall receive a unique City issued e-mail address upon written request to Information Systems. This City issued e-mail address must be used for all City business conducted through e-mail. Use of personal e-mail accounts for City business is strictly prohibited. All e-mail related to City business is City property and is subject to all records retention, sunshine, and other applicable laws. It is the e-mail account owner’s responsibility to ensure all e-mails are kept in accordance with these laws. NO PERSONAL USE OF THE CITY COMPUTER AND EMAIL SYSTEM IS NOT PROTECTED FROM A PUBLIC RECORDS REQUEST. FURTHERMORE, THE CITY SHALL REVIEW USAGE OF THE SYSTEM IF THE NEED ARISES TO PERFORM SUCH ACTION, AT ANY TIME. There was no discussion on this section. Section 13.26 Flower Policy edited slightly. Flower Policy for Deaths and Hospitalization A. Policy The purchase of flowers and/or any other form of expressing sympathy, congratulations, recognition, etc. shall be the responsibility of the City Clerk. The City Clerk shall make all arrangements and be responsible for the processing of the approved expenditure. B. Procedure Upon the death of an immediate family member of an employee (mother, father, sister, brother, child or spouse) or the passing or the serious illness of an employee, a request to forward flowers or some other form of sympathy must be forwarded to the City Clerk by the appropriate Department Director. The City Clerk shall provide the appropriate form of sympathy place the order for flowers. 25 Ocoee Personnel Board April 21, 2010 Member Eikenberry stated that occasionally the families request donations be made to specific organizations in lieu of flowers on behalf of the deceased. She felt that should not change to only “flowers” unless there was a specific reason that prompted the change. Member Bertling was not sure why the change was made. Section 13.27 New Whistle-blower’s Act language. It is against the law to retaliate against state/city (government) employees who “blow the whistle” on any illegal acts. Any person applying for work or working for a state (government) agency, as defined in Section 216.011 of the Florida Statutes, who has been retaliated against for disclosing protected information may file a complaint with the Florida Commission on Human Relations under the Whistle-blower’s Act. The complaint must be filed no later than 60 days after the prohibited personnel action (e.g., termination of employment). The intent of this Act is to prevent retaliatory action against an employee who reports to an appropriate agency violations of law on the part of a public employee or independent contractor that create a substantial and specific danger to the public’s health, safety or welfare. This Act further provides the protection to any person who discloses information alleging improper use of governmental office, gross waste of funds or any other abuse or gross neglect of duty on the part of an agency, public officer, or employee. Section 15.03 Disciplinary offenses include some minor additions. (20) Possession, use, sale, attempt to sell or procure prescribed medications or other prescribed substances not belonging to the employee. (31) Violations of the City of Ocoee Red Light Camera Ordinance. Member Bertling said number 20 was added due to an incident with a former employee and number 31 was added due to the implementation of the red light cameras. Section 16.02 Step 3 (Hearing Committee) eliminated from Grievance Procedure. Step 3 - Hearing Committee A. Right to Appeal If the matter is still unresolved to the employee’s satisfaction by the decision of the Department Director, the employee may appeal within three (3) working days in writing to the Director of Human Resources requesting a review of the grievance by the Hearing Committee (Step 3). Such appeal shall be accompanied by all facts, information and other documents relating to the complaint and the written answers given to the Director of Human Resources, who will provide the information packet to all members of the Hearing Committee prior to the hearing. 26 Ocoee Personnel Board April 21, 2010 B. Right to By-Pass Employees have the right to by-pass the Hearing Committee (Step 3) and proceed directly to Step 4 of the Grievance Procedure and if so the employee must file the appeal within three days of the Department Director’s decision. C. Hearing Committee and Procedure Relating to the Hearing Committee: 1. Selection of Hearing Committee The Hearing Committee will be composed of four (4) members and four (4) alternates elected in accordance with the following: A. The full-time employees and supervisors of each of the following four (4) areas shall elect members and alternates to the Hearing Committee as follows: Members Alternates Area 1. City Hall/Recreation 1 1 Area 2. Fire/Police 1 1 Area 3. Public Works 1 1 Area 4. Utilities Department 1 1 B. Employees represented by a PERC certified bargaining agent shall not be eligible to vote on selection of Hearing Committee members or alternates nor will those employees be entitled to the Hearing Committee process. Bargaining unit employees shall proceed to Step 4. C. Members and alternates shall serve two (2) year terms but there shall be no limit on the number of terms they serve. Employees may serve on other Committees while serving on the Hearing Committee. D. The election shall be held during the first two (2) weeks of December of each year at a time set by the City Clerk. 2. Procedure A. A hearing before the Hearing Committee will be scheduled by the Director of Human Resources within five (5) working days of the receipt of the written appeal from Step 2 to Step 3. B. The Hearing Committee for the grievance will be made up of one (1) member or alternate from each of the four (4) areas identified in paragraph C(1)(A) above. 27 Ocoee Personnel Board April 21, 2010 C. The elected alternate for an Area shall serve on a Hearing Committee only if the elected member for that Area is unavailable. D. The Director of Human Resources shall assist the aggrieved employee in preparation for the grievance meeting, if requested to do so by the employee. E. The Hearing Committee shall appoint a chairperson from among its members who shall be responsible for conducting the grievance meeting. F. The Director of Human Resources shall be responsible for notifying interested parties, and rendering advice on personnel rules and procedures. G. Employees, supervisors, their representatives and witnesses shall have the right to appear before the Committee for the purpose of presenting relative facts and information. H. Attorneys will not be allowed to participate in the hearing to represent the grievant or the Department Director. The Hearing Committee is to rely solely on the information provided at the time of the hearing by both parties. I. Within five (5) working days following the close of the hearing the Hearing Committee shall file a written Report with the City Manager, with copies to the Director of Human Resources, the Department Director and the aggrieved employee. The Hearing Committee has no authority to conduct any independent investigation or fact finding. The Hearing Committee Report may include conclusions and a recommendation as to the resolution of the grievance. If the Report is not unanimous, any Committee Member who wishes may write a separate Report, which shall be attached to the Hearing Committee Report and regardless forwarded to the City Manager and Step 4. Step 43 - City Manager A. After the decision at Step 2, or after receiving the Hearing Committee’s Report the employee has three (3) days to file an appeal with the City Manager and failure to file shall waive the right to do so at a later date. Within ten working days the City Manager, or designee, shall set a date for the appeal hearing. Commissioner Johnson said he understands that the employee may still go to the supervisor and the department director, but doesn’t feel they will get the same fair shake without the Grievance Hearing Committee. Member Resnik asked if the Employee Committee went through all of these proposed amendments and what their view was. 28 Ocoee Personnel Board April 21, 2010 Recording Clerk Moseley said the Employee Committee did not go through everything in detail, but were offered the packet via email and asked to refer any questions or concerns to Jim Carnicella. She was not sure if he had received any emails from employees or not. Commissioner Johnson believed the Hearing Committee just gives employees a warm and fuzzy feeling that they would not otherwise have. Recording Clerk Moseley stated that it has been brought to the attention of the Employee Committee that some department directors do not allow their employees to contact the city manager directly; however, the city manager has made it known that he is always available and any concerns can be expressed at the Employee Committee meetings as well. Member Resnik believes keeping the Grievance Hearing Committee is a good idea. Commissioner Johnson agreed and said the city is very lucky the general employees do not form a union. Member Resnik said the business world may be a bit different, but this is government and it should be fair across the board. Section 19.03 New Safety Program language. Safety Equipment Program The City shall 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 Safety training will be part of any comprehensive training program, administered by the Human Resources Department. The City’s Safety Program and a Safety Manual which contains a comprehensive plan to reduce accidents, injuries to employees and constituents, and generally reduce the risk of potential hazards to employees and the community. The following safety procedures are to be considered a supplement to the Safety Program/Safety Manual. Department Directors, Managers, and Supervisors shall follow the procedures listed below whenever an employee is injured or if an employee damages any City property or causes damage to another’s property. 1. Contact the Risk Manager or the Safety Coordinator. The Safety Liaison will be contacted by either the Risk Manager or the Safety Coordinator for assistance. 2. Assist the Risk Manager or Safety Coordinator in implementing temporary controls/measures to prevent any further injuries to employees. 3. Assist the Risk Manager or Safety Coordinator in identifying and interviewing each witness and any other person(s) who might provide information or further details as to the cause of the accident (take photos). 4. Investigate causal conditions and unsafe acts; make conclusions based on existing facts. 29 Ocoee Personnel Board April 21, 2010 5. Require Employees to cooperate with the investigation process. 6. Employees shall be truthful and shall not discuss or comment on the liability of accident/incident to other non-involved parties. This procedure does not only apply to vehicular issues but includes any incident where the above applies. Please refer to the Safety Manual for other details regarding policy and procedures. (ALWAYS call 911 for incidents that require emergency responders). All Department Directors, Managers, and Supervisors are to ensure all employees have read the Safety Manual. Furthermore, those supervising employees are required to follow the directives without fail. A Safety Committee has been created as a result of the above effort and each department has at least one Safety Liaison assigned to assist in the administration of the Safety Program. Member Bertling said the city has a whole Safety Program now and a manual. Section 19.04 Safety Committee included in changes to 19.03. A Safety Committee may be established as part of a comprehensive City-wide safety program. The Safety Committee and associated responsibilities shall be determined by the City Manager. ADJOURNMENT The meeting was adjourned at 7:02 p.m. Attest: APPROVED: ______________________________ ______________________________ Beth Eikenberry, City Clerk Debbie Bertling 30