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HomeMy WebLinkAbout10-13-2011 Minutes (unsigned) THE MINUTES OF THE OCOEE PERSONNEL BOARD MEETING HELD OCTOBER 13, 2011 CALL TO ORDER Chairman Resnik called the meeting to order at 6:00 p.m. in the Commission Chambers Conference Room. Recording Clerk Sibbitt called the roll and declared a quorum to be present. PRESENT: Members Debbie Bertling, Beth Eikenberry, Robert Godek, and John Resnik. Also present was Human Resources Director Williford and Recording Clerk Melanie Sibbitt. ABSENT: Commissioner Johnson was absent excused. DISCUSSION AND RECOMMENDATION REGARDING PROPOSED CHANGES TO PERSONNEL RULES AND REGULATIONS Member Resnik inquired if the information in the binder was the same information as what was e-mailed to them. Member Eikenberry concurred. Member Godek inquired about the double line and strike through. It was 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. Human Resources Director Williford briefly explained that when he began working with the city they were already in the process of re-writing the personnel policies. He was asked by the City Manager at that time to get involved in reviewing them since the last amendments to the Personnel Rules & Regulations (PRR’s) happened in 2007. Member Bertling said they did meet in April 2010 but those changes never made it before the commission. She further added that most of those changes are still being proposed. Human Resources Director Williford explained that some of the changes being proposed are clarification issues by departments while some are changes that have occurred with the state laws, pension, and collective bargaining units. Member Godek inquired if the city’s intention was to get these changes approved before the fiscal year ended. Human Resources Director Williford said the fiscal year has ended so the commission will have to take the action on whether they would want some of the changes (i.e. extra hour(s) in floating holiday for 9/80 employees) to be implemented in the beginning of the new fiscal year; otherwise the changes will take effect moving forward, when they adopt the policy. Ocoee Personnel Board October 13, 2011 Section 1.02D Added Assistant to the City Manager 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, Assistant to the City Manager, Chiefs, and/or Department Directors 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. B. Be supervised and evaluated by the City Manager, or designee, and shall not have access to Sections 16 or 17 but shall present any grievance to the City Manager who will resolve the same as determined is in the best interest of the City: provided in the case of termination of their employment they shall be provided due process in accordance with applicable law. 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 grievance to the City Manager who will resolve them as determined is in the best interest of the City. Member Resnik inquired about the position of Administrative or Executive Assistant to the City Manager serving as an at-will employee rather than being a regular full-time employee. He inquired if this was standard procedure. Human Resources Director Williford said it is not unusual for this position to fall under at-will by the Fair Labor Standards because of the level of confidentiality information that position deals with. 2 Ocoee Personnel Board October 13, 2011 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) twenty (20) 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. Human Resources Director Williford explained that in Section 1.02E changes were made to adhere by the new state law that states a public employee cannot receive any more than twenty (20) weeks of severance pay. 4.04 Solicitation and Distribution F. Employees may solicit, be solicited or participate in activities as mentioned in section A, 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 work or the efficient continued operations of the work area. Member Godek said for consistency all of Item F under Section 4.04 Solicitation and Distribution should be underscored with a double line. 3 Ocoee Personnel Board October 13, 2011 Section 4.06 Use of City Vehicle 4.06 Use of City Vehicle A. Employees may be allowed to use vehicles to go to and from work and for valid educational purposes with the permission of the City Manager or the City Manager’s designee. B. Employees are required to obey all traffic regulations while in a City vehicle and will be responsible for any traffic citations or red light camera fines. C. There shall be no use of cell phones or laptop computers while the vehicle is in motion. D. Use of City vehicle for personal reasons is prohibited, unless authorized by a Department Manager or the City Manager for reasons beneficial to the City. E. Non-City employees are not authorized to not ride in a City vehicle, unless on official City business with authorization from the City Manager. Police and Fire Explorers, City advisory board members, and normally scheduled volunteers are authorized if approved by the department director. F. A pool vehicle may be checked out overnight for valid work-related reasons with approval of a Department Manager or the City Manager. G. The employee assigned to the vehicle shall be responsible for the appearance and maintenance of the vehicle. Member Godek inquired if Item C under Section 4.06 also applied to Police Officers. Human Resources Director Williford answered affirmatively. Member Resnik asked for clarification on Item C because most officers use their laptop during a call. Human Resources Director Williford said an Officer should not be driving and trying to type on a laptop at the same time. Section 6.05 Reemployment - New language regarding terminated employees re- applying 6.05 Reemployment A. An employee may at the option of the City be rehired and if so within six months of resigning in good standing, the employee may be considered as being in the same status for wages and benefit purposes. Rehire under these circumstances must be approved by the City Manager on a case-by-case basis. 4 Ocoee Personnel Board October 13, 2011 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. B.C. Rehired employees, otherwise and not included in Section A above, are considered new employees. C.D. Rehired employees (excluding those covered by Section A) shall serve a new probationary period of one (1) year. During the probationary period, they shall serve at the will and pleasure of the City. D.E. Veterans will be shown preference in reemployment as set forth by the guidelines of the Veterans’ Preference in Appointment and Retention in Employment rules of the State of Florida. E. Rehired employees who have retired from the City or who are eligible to retire are subject to special pension benefit provisions of the pertinent retire. Member Resnik inquired if an employee was terminated by the city, could they be rehired. Human Resources Director Williford explained that if a person left the city even on good terms, technically they are terminated. Member Bertling said another scenario would be a person being terminated during their probation period because they could not do a specific job. In that situation, the employee could be considered for rehire. 6.07 Employment References - New employment reference language 6.07 Employment References 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 or department director, shall provide any of the above information. Member Eikenberry inquired about a letter of reference and if a director would be able to write one for an employee. Human Resources Director Williford said a director could write a reference letter but they should have it reviewed by the Human Resources Department first. He explained that there have been liabilities issues with reference letters even when they are well intentioned. 5 Ocoee Personnel Board October 13, 2011 9.02 Use of Leave 9.02 Use of Leave Paid time off may be requested for the following scheduled purposes: A. Vacation leave. B. Medical, dental and 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 shall use sick leave for such period of illness but must while on paid time off may be required to present a doctor’s certificate if additional time off is needed beyond the originally approved time off. F. … G. … H. … Member Resnik inquired as to how Item E in Section 9.02 is affected by HIPPA. Human Resources Director Williford explained that the doctor’s note would only have to indicate that the employee had some medical conditions and would not have to be detailed as to what the condition is. Section 9.12 New language added to address PTO accruals relating to pension. 9.12 PTO Accruals – 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 no monetary credit as part of their average final compensation for all accrued paid time off hours on the entry date into the DROP subject to State Statute. The DROP participant may either decide to maintain all of their accrued paid time off hours and not cash in the accrued hours, or they can decide to cash in all accrued hours in their paid time off hours accrued up to the date they enter account on the entry date into the DROP. Said cash shall be included in salary and paid out in one check or rolled into a 457 account or split up at the request of the employee. 6 Ocoee Personnel Board October 13, 2011 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 earned up to 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 accrued up to 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 subject to the following; The DROP participant will not be entitled to cash out in any accrued hours earned between the date of entering the DROP and the date they separate employment. This DROP participant shall be entitled to earn a maximum of and carry over from one year to another a total of 256 300 hours while in the DROP which will be paid out upon separation of employment. The above PTO cash 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 continue making member contributions 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 discontinue making member contributions to 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 in the same manner as DROP Participants. 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. 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 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: 7 Ocoee Personnel Board October 13, 2011 Member Godek inquired if bereavement time came out of an employee’s PTO. Human Resources Director Williford explained that would be above and beyond. He further explained the bereavement is up to an additional forty (40) hours. There were several incidents 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. 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 an alternative vehicle if their personal vehicle or assigned vehicle is inoperative at the time of travel. Employees using their own personal vehicles must have proof of insurance on file with the Finance Department. 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. 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 up to the pre-approved limit on the 8 Ocoee Personnel Board October 13, 2011 travel authorization. Meals will not be included if the employee has requested been assigned a 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 attendee. All travelers may be allowed for subsistence the cost of meals determined by a rating method approved by the City Manager 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 8. The City will not reimburse for travel, meals or expenses for spouse and family. Reimbursement is limited to the traveler. 9 Ocoee Personnel Board October 13, 2011 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. 159. When the City Manager approves agrees to reimburse reimbursing 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 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. Employees who are Trustees serving on either City Retirement Boards shall be granted leave with pay for all required training and/or conferences consistent with Board Operating Rules and City Travel Policies. Member Resnik inquired about the per diem on reimbursement for lodging and meals. Human Resources Director Williford said the city basically got rid of the use of Runzheimer for their travel expense reporting. Member Resnik further inquired if an employee travels out of state for example to New York City a $50 per diem is not going to be enough. Human Resources Director Williford said the specific method of using the Runzheimer was taken out so they could make adjustments if needed. Member Resnik inquired if Item 8 applied to the City Commission. Human Resource Director Williford said the city commission has their own travel policy. Section 10.11 Domestic Violence Leave edited slightly to add Sexual Violence. 10.11 Domestic/Sexual Violence Leave A. Eligibility and Reasons In accordance with Florida Statute Section 741.313, employees who have been employed for more than three (3) months are entitled to three (3) days of Domestic/Sexual 10 Ocoee Personnel Board October 13, 2011 Violence Leave within a twelve (12) month period, if the employee or a member of the employee’s family or household is the victim of sexual or domestic violence… Member Resnik inquired if the word “sexual” was added because it was required by law. Human Resources Director Williford said they added the word “sexual” beside “domestic” throughout the section because the requirements are basically the same as domestic violence. Section 13.04 New language regarding firearms at work. 13.04 Firearms At Work (Right to Keep and Bear Arms in Motor Vehicles) Employees shall be responsible for complying with all State and Federal laws. Failure to do so shall result in disciplinary action up to and including termination. Human Resources Director Williford said this section was added to be in compliance with new state law. Section 13.11 Take Home Vehicle Policy amended restricting use and adding red light camera violations. 13.1013.11 Take Home Vehicle Policy A. Purpose To provide guidelines for the implementation and management of take home vehicle plan. 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. The proper use and care of vehicles assigned to employees is critical to the effectiveness by which service is delivered to the public. Through proper use and efficiency of operation reduced operating costs results. C. Procedure 11 Ocoee Personnel Board October 13, 2011 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 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. 43. When operating a take home vehicle off-duty, the employee shall have equipment mandated by the appropriate standard operating procedure, available within the vehicle to perform emergency operations. 54. Take home vehicles shall not be used in personal employment or unofficial business pursuits (i.e. delivering pizza, etc.). 65. All off duty staff shall exercise good judgment in operating and utilizing a City of Ocoee take home vehicle, and shall not drive or use the vehicle in a manner which may cause unfavorable comments or reflect negatively or reflect discredit on or to the City of Ocoee (example: Parking in a fire lane or other restricted areas that the general public are not allowed to park). 76. Staff shall be held responsible for the proper appearance and conduct of all passengers. 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. 98. Off-duty staff are prohibited from operating any take home vehicle if they have been taking restrictive prescription medicine, are under the influence of any intoxicant, or have a detectable blood alcohol level. Employees who have consumed alcohol are prohibited from operating any city owned vehicle. The standard for on-duty staff is zero tolerance. 109. Staff must be dressed in an appropriate manner when operating the vehicle. Attire should be sensible in nature and not cause embarrassment to the departments (e.g., cut off shorts, short shorts, halter tops, tank tops, etc.). Shirts and shoes must be worn at all times. 1110. The assigned take home vehicle shall not be used as to further any personal interest relative to any off duty employment or enterprise for part-time employers. 12 Ocoee Personnel Board October 13, 2011 1211. Take home vehicles shall not be parked on the public street when at the assigned employee’s residence. Employees shall park their assigned vehicle in the driveway of the residence. The only exception is unless this type of parking is unavailable such as at apartment complexes. 12. Employees are responsible for Red Light Camera violations according to adopted Policy (See Section 13.21). Member Godek noted that Section 13.11 (B) has been totally removed so the sequence in numbering will need to be re-done to stay consistent. Section 13.15 Edited Education Incentive Program. 13.1413.15 Education Incentive Program The Education Committee shall be made up of four members: the City Manager or designee, the Director of Human Resources, a City Commissioner, and a city employee who shall be elected from the general work force. The City Commissioner shall be appointed annually by a vote of the Commission. The Employee member shall be elected for a three-year term; the election shall be conducted by the City Clerk’s Office. The City Education Committee may authorize reimbursements for tuition and books for courses subject to budgetary constraints each year and as follows: A. The course or curriculum 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, then provisions of the City’s education tuition payment plan shall not apply. C.A. Requirements to obtain these benefits are: 1. The employee must request approval by completing the Standard Form Memorandum to the Education Committee, which may be obtained from the Human Resources Department with a school schedule attached. The memorandum must state the name of the class and its cost. In order to process the request in a timely manner, employees should make every effort to request approval as soon as school schedules are released. 1.2. Full time eEmployment with the City for at least one year is required before employee can apply for tuition reimbursement and employee must be in a full time position at the time of requesting reimbursement. 2.3. The educational training can be at the high school, post high school, and adult educational levels Associates, Bachelor and/or Masters Degree levels. 13 Ocoee Personnel Board October 13, 2011 3.4. No more than two three courses per quarter or semester (or equivalent period of time) fiscal year may be taken reimbursed unless permission authorization is obtained from the Education Committee in advance. 4. The Education Committee shall be made up of the City Manager and the Director of Human Resources. A City Commissioner or designee and an employee, who shall be selected by City employees from the general work force, shall also serve on this Committee, both of whom shall be selected on an annual basis. 5. Employees must seek approval for the class through the Education Committee prior to enrollment. Failure to seek the necessary approval shall result in denial of tuition reimbursement. 6. The employee must request approval by completing the Standard Form Memorandum to the Education Committee, which may be obtained from the Human Resources Department with a school schedule attached. The memorandum must state the name of the class and its cost along with the anticipated cost for books. In order to process the request in a timely manner, employees should make every effort to request approval as soon as school schedules are released. 7. Employees must work with the Human Resources staff to purchase books and resell them in the most cost effective way (i.e. renting books). 8. Advanced payment for tuition may be considered in certain hardship situations. Employees receiving a grade of C or better or a “pass” in a pass/fail course shall receive reimbursement. 9.6. Employees are encouraged to attend any accredited Florida College or University; however, tuition reimbursement shall be paid at up to the public College or University (UCF/USF, etc.) tuition rate. Employees shall not be reimbursed for mileage or personal expenses. Other expenses such as books and fees for on- line courses and other related expenses shall not be paid reimbursed. 10.7. The employee shall submit to the Human Resources Office the final grade, certification, or degree, within two (2) weeks after the class is completed. Reimbursement shall be within two (2) weeks of receipt of grades. For courses for which an employee receives a grade, reimbursement to the City will be as follows: A. Advanced payment for tuition may be considered in certain verified hardship situations and will need to be approved by the Education Committee. 14 Ocoee Personnel Board October 13, 2011 Employees receiving a grade of C or better or a “pass” in a pass/fail course shall receive reimbursement. A.B. Employees receiving a grade below a C or who fail a pass/fail course shall not receive any reimbursement. B.C. Employees who drop a class shall not receive any reimbursement. 11.8. Any employee who receives advanced payment and either fails to attend the class, finish the course, and/or receives a grade below a C, must repay the entire reimbursement within four (4) pay periods. 12.9. The employee who receives any benefit whatsoever under this program shall be required to work for the City for at least two (2) years from date money is received, or shall reimburse the City 100% upon termination. The City reserves the right to withhold the money owed from any final paycheck upon voluntary separation, subject only to applicable law. D.B. The City will attempt to make minor modifications of rearrange work schedules for classes (with the use of PTO or altered hours), at the Directors discretion and if it does not interrupt the normal work flow. E.C. Correspondence Degree Correspondence means those self improvement general knowledge types of courses from non-accredited programs. Generally these types of courses should be requested through the department training and travel policy. (1) Employees under this program shall not receive tuition advancement. (2) Employees must obtain approval from the Education Committee for the class prior to enrollment if the employee is seeking reimbursement upon completion of the class by the Education Committee. (3) The school must be certified as a legitimate degree institution by the Southern Association of Colleges and Schools. The Human Resources Department will have this information available for employees to review within the Human Resource Department. (4) All conditions must be followed under Section C(10) A(7). Member Resnik inquired if there was any thought on doing a tier system so if an employee received an “A” they would receive 100% reimbursement, “B” would receive 80% reimbursement, and so forth. He further said he does not agree with receiving a “C” and getting 100% reimbursement. It would not be fair to the person who works hard to get an “A”. Human Resources Director Williford said from the standpoint of the city a 15 Ocoee Personnel Board October 13, 2011 “C” is a passing grade. He further said he does not have a problem presenting that request to the Education Committee. 13.27 Voluntary Employee’s Beneficiary Association (VEBA) 13.27 Voluntary Employee’s Beneficiary Association (VEBA) The City Manager shall have the right to establish a Voluntary Employee’s Beneficiary Association (VEBA) plan for the benefit of the City’s employees with the authority to amend such sections of the Personnel Rules and Regulations as may be affected including, but not limited to, paid time off, accruals, payout of paid time off upon separation, buyback of paid time off each year and percentage of salary increases which could be contributed to the employee’s VEBA account. This also would provide for amendments which would provide compliance with and alternatives as reflected in the Internal Revenue Service Tax Code. 13.2513.27 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. Under unusual or unique circumstances, if a Department Director requests the Clerk to provide some form of sympathy to a person or family member not mentioned above, including former employees, the Clerk shall obtain approval from the City Manager or his/her designee before processing the request. Any other request for flowers, gifts or other signs of sympathy, congratulations, appreciation, etc. must be requested through the City Clerk with City Manager approval. Neither a Department Director nor any other employee shall expend City funds for the above purposes. Note: Any request to make announcements regarding death/funerals or health concerns, should be requested through the City Clerk. Announcements of any person’s health are governed by HIPAA privacy laws. The City Clerk shall make any such announcements, if deemed 16 Ocoee Personnel Board October 13, 2011 appropriate. The above policy does not include requests from the Commission to expend funds from the Commission contingency. 13.27 Whistle-blower’s Act 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. Member Resnik stated the numbering needs to be corrected since there are several Sections’ 13.27. 15.03 Types of Offenses The two (2) groups of offenses and the guide for recommended penalties are set forth below; not listed but considered as disciplinary offenses subject up to termination are behaviors exhibited by employees at work or during time away from work that lead to embarrassment to the City and as such demean or diminish the image and/or integrity of the City; however, the principles concerning application as set forth in Section 15.01 shall apply: GROUP I OFFENSES First Offense - Written warning Second Offense - Up to ten (10) working days suspension without pay Demotion Third Offense - Termination Member Godek said the wording “Demotion” seems to be in the wrong spot. Member Bertling clarified that the word “Demotion” should be on another line and was meant to read as an “either/or” disciplinary action for a Second Offense. Section 16.02 Step 3 (Hearing Committee) eliminated from Grievance Procedure. 17 Ocoee Personnel Board October 13, 2011 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. 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. 18 Ocoee Personnel Board October 13, 2011 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. 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. 19 Ocoee Personnel Board October 13, 2011 Member Resnik inquired about the Hearing Committee being completed eliminated. He said he recalls when the city created that committee. Human Resources Director Williford said that change came from the City Manager’s office. Member Bertling said there were not many people who used the Grievance Committee and the committee only gave a recommendation to the City Manager on how they felt, so nothing was binding. Member Resnik said the changes look good and the only item that he sees that he would change would be the tuition reimbursement. Member Eikenberry said that he can make that recommendation in a form of a motion if he would like to see that changed. Member Resnik, seconded by Member Eikenberry, moved to recommend to the Commission that Section 13.15 (7.B.) be reviewed for a tuition reimbursement tier system according to grades. Motioned carried unanimously. ADJOURNMENT The meeting was adjourned at 7:05 p.m. Attest: APPROVED: ______________________________ ______________________________ Melanie Sibbitt, Recording Clerk Beth Eikenberry 20