HomeMy WebLinkAboutItem #12 Approval of the Personnel Rules and Regulations
AGENDA ITEM COVER SHEET
Meeting Date: ] 1/06/07
Item # r 2
Contact Name:
Contact Number:
James Carnicella
1032
Reviewed By:
Department Director:
City Manager:
~==
Background Summary:
The Personnel Rules and Regulations are policies, procedures and entitlements that govern the terms and
conditions of employment for those employees covered by the same. These Personnel Rules and Regulations
are also known as the PRR's or Rules and Regulations. The Human Resources Department is responsible to
administer the PRR's for the City Manager.
Issue:
The Ordinance providing for the PRR's has not been amended since 2005. The City Manager has requested
the Human Resources Director complete the draft revisions of the PRR's. This revision of the PRR's is a
comprehensive edit and includes some new provisions.
Recommendations
The Staff recommends the Commission repeal Ordinance 2005-017 as Amended and adopt the Personnel
Rules and Regulations on first reading.
Attachments:
Attachments include the entire document containing edits, revisions and those Articles maintained from the
previous document. Also attached is a summary of the Articles that contain revisions and additions.
Financial Impact:
None.
Type of Item:
o Public Hearing
[8J Ordinance First Reading
o Ordinance First Reading
o Resolution
o Commission Approval
o Discussion & Direction
For Clerk's Deot Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
D N/A
D N/A
D N/A
DRAFT
ORDINANCE NO. 2005-017 as amended
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING ORDINANCE 2005-017 BY AMENDING
"EXHIBIT A" AND ADOPTING AND APPROVING THE
REVISED CITY OF OCOEE PERSONNEL RULES AND
REGULATIONS; PROVIDING FOR SEVERABILITY;
REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee desires to provide for the most
current personnel policies and regulations for the administration of personnel matters within
the City of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee believes that it is important to
provide for the proper and equitable treatment of City Employees.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Short Title and Authoritv.
A. This Ordinance shall be known and may be cited as the "CITY OF OCOEE,
FLORIDA PERSONNEL RULES AND REGULATIONS."
B. The City Commission of the City of Ocoee has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166,
Florida Statutes.
SECTION 2. Repeal of Ordinance Number 99-12 As Amended. City of Ocoee
Ordinance Number 99-12 as it may have from time to time been amended and all other
ordinances adopting personnel rules and regulations are hereby repealed in their entirety.
SECTION 3. Adoption of the amended City of Ocoee. Florida Personnel Rules and
Regulations. The City Commission of the City of Ocoee, Florida, hereby adopts and
ORLA_392344.1
approves the amended CITY OF OCOEE, FLORIDA PERSONNEL RULES AND
REGULATIONS, originally approved on December 6, 2005, as set forth in Exhibit "A"
attached hereto and by this reference made a part hereof.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION 5. Conflicts. All ordinances and resolution, or parts of ordinances and
resolutions, in conflict herewith are hereby repealed and rescinded.
SECTION 6. Effective Date. This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this
day of
,200_.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY this day of , 2007.
FOLEY & LARDNER LLP
ADVERTISED ,2007
READ FIRST TIME , 2007
READ SECOND TIME AND ADOPTED
, 2007
UNDER AGENDA ITEM NO.
By:
City Attorney
ORLA_392344.1
-2-
.
PERSONNEL RULES AND REGULATIONS
EDITS - OCTOBER 07
Section
1.06 Departmental SOP's must not conflict with PRR's or provide additional benefits.
2.6 Annual Performance Review Date shall be the same as the initial date of hire.
This date shall not change as a result of personnel changes to the employee.
3.02 New Equal Opportunity and Non-Discrimination Policy, including rights and
complaint procedure.
7.03 New Overtime language, restates what is required under the FLSA.
7.05 Flex Scheduling Gob sharing) language has been deleted.
7.05 Call Out Pay has been amended to allow two hours of straight time pay after one
hour or less and after one hour the time counts towards the total hours the
employee worked in that workweek
7.06 Civil Emergency call out pay increased from 112 to 2 times rate of pay.
.
8.02 Holiday Pay language edited slightly.
9.01 PTO has been edited to allow for usage during the first SIX months of
employment.
9.05D Exempt employees and flex time language has been expanded.
9.06 Accruals ofPTO have been expanded and the requirements to use PTO have been
eliminated. Maximum amount of hours to be paid (reimbursed) is set at 80. Any
hours over the maximum not used shall be lost.
9.11 New Leave Time Donation Program.
10.03 Travel Policy has been amended affecting benefits depending upon overnight
stays and/or local travel.
10.04 Rental Car Policy now included in the PRR's.
10.07 Extended Leave Policy amended not to be automatic but connected to an FMLA
event.
.
.
10.08 Short Term and Long Term disability amended to provide alternative methods of
benefits.
10.11 Added new section regarding Domestic Violence Act entitlements for employees
and/or family members who are victims of the same.
12.04 Language regarding starting rates of pay edited to provide department directors
flexibilityl authori ty.
12.05 Performance Evaluation System language amended to provide CM flexibility for
developing new system.
12.06 PromotionslDemotions pay language amended to provide more accurate
adjustments when necessary.
12.08 Temporary Assignment pay for non-exempt employee acting in an exempt
position, eliminates non-exempt benefits if employee is receiving assignment pay.
13.05
13.10
13.14
.
13.20
13.24
Performance evaluation language has been amended.
New Take Home Vehicle Policy for all departments.
Education Incentive Program amended to eliminate advanced payment, except for
hardships and no more payment for books. On line schools must be certified by
S.A.C.S.
DUI-Traffic Violations language has been amended.
The "Policy Manual" has been eliminated and policies contained therein have
either been incorporated into the PRR's or in department SOP's, or have been
eliminated.
13.25 Flower Policy, previously in policy manual, new language now in the PRR's.
15.03 Disciplinary offenses includes some minor additions.
17.01 New language requiring directors to have completed a full/thorough investigation
before administering disciplinary action.
17.02 Definition of just cause and what is necessary to justify disciplinary actions.
19.04 Added Safety Committee language.
.
SECTION 1
GENERAL PROVISION
1.01 Purpose and Reference
The purpose of these Personnel Rules and Regulations is to establish and make known to
all employees of the City the terms and conditions of employment for the City of Ocoee.
These Personnel Rules and Regulations may also be referred to as "PRR" or "Rules and
Regulations" .
1.02 Positions Covered
A. Exemptions
These Rules and Regulations cover all employees in the municipal government
except they shall not apply to:
1. Mayor and City Commissioners;
2. Members of Boards and Commissions;
3. Persons employed under separate contract for employment executed by the
employee and the City Manager unless the contract specifies otherwise; or
4. Personnel employed under the provisions of a governmental program or
grant unless otherwise required by the program or grant.
B. Emplovees Other Than Regular Full-Time
Temporary, casual, part-time and grant employees (regardless of hours worked)
shall serve at the will and pleasure of the City Manager and shall not be entitled to
any benefits provided to regular full time employees unless otherwise provided in a
specific Article or Section of the PRR or unless otherwise required by applicable
law. Sections 15, 16 and 17 shall not apply to temporary, casual, probationary,
contract, part-time employees, or to grant employees unless the terms of the grant
require otherwise.
C. City Manager
Absent mutual agreement between the City Manager and the City Commission to
the contrary, the City Manager shall serve at the will and pleasure of the City
Commission under mutually acceptable terms and conditions. The City Manager
shall be covered by the PRR, as provided by Ordinance 97-29.
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Adopted 12-6-05, Revised
D. Regular Full-Time At-Will Emplovees
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 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.
E. Regular Full-Time At-Will Emplovees - 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) weeks of pay at the employee's
present rate and in accordance with below.
2
Adopted 12-6-05, Revised
3. To receive severance, the employee must execute any release satisfactory to
the City.
4. Severance will not be paid to an employee terminated for cause or an
employee who fails to be acquitted if charged with a felony or any
misdemeanor connected with City business.
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.
1.03 Administration
A. City Manager
The City Manager is responsible for the day-to-day operation and administration of
the City, the employment, training and supervision of the City work force, and the
administration and enforcement of the PRR. The City Manager may adopt
procedural policies City wide or by Department to effectuate the administration
and enforcement of those PRR so long as they are not inconsistent with the PRR.
B. City Commission
Appointments and removals, except as otherwise provided in this Charter or under
the laws of Florida and except for inquiries and investigations into the affairs of
the City, no member of the City Commission shall in any way deal with or dictate
the appointment or removal of any City officers or employees who are subject to
the supervision or control of the City Manager, or any subordinates of the City
Manager, or who the City Manager, or any subordinates of the City Manager, is
empowered to appoint; provided, however, that each member of the City
Commission shall be entitled to express such member's views pertaining to the
appointment and removal of such officers and employees and to fully and freely
discuss those views with the City Manager.
C. Other Managerial Employees
Superintendents, Department Directors, and Supervisors are responsible for the
administration of the PRR within their respective areas of responsibility under the
direction of the City Manager or the City Manager's designee.
3
Adopted 12-6-05, Revised
1.04 Florida Statute 112.3135
A. "Public Official" means an officer, including a member of the Legislature, the
Governor, and a member of the Cabinet, or an employee of an agency in whom is
vested the authority by law, rule, or regulation, or to whom the authority has been
delegated, to appoint, employ, promote, or advance individuals or to recommend
individuals for appointment, employment, promotion, or advancement in
connection with employment in an agency, including the authority as a member of
a collegial body to vote on the appointment, employment, promotion, or
advancement of individuals.
B. "Relative," for purposes of this section only, with respect to a public official,
means an individual who is related to the public official as father, mother, son,
daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-
in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half
brother, or half sister.
C. A public official may not appoint, employ, promote, or advance, or advocate for
appointment, employment, promotion, or advancement, in or to a position in the
agency in which the official is serving or over which the official exercises
jurisdiction or control any individual who is a relative of the public official. An
individual may not be appointed, employed, promoted, or advanced in or to a
position in an agency if such appointment, employment, promotion, or
advancement has been advocated by a public official, serving in or exercising
jurisdiction or control over the agency, who is a relative of the individual or if such
appointment, employment, promotion, or advancement is made by a collegial body
of which a relative of the individual is a member.
1.05 Amendments
Amendments to the PRR shall be promulgated by the City Manager, reviewed by the
Personnel Board as provided in the City Charter and shall become effective upon
adoption by the City Commission. Copies will be posted on City bulletin boards and
distributed to all City employees. Each employee shall sign an acknowledgment upon
receipt of a copy of the PRR and any changes which acknowledgments shall be maintained
in the employee's personnel file. Where specifically identified, the City Manager is
authorized to make non-substantive changes, without review by the Personnel Board or
approval by the Commission (i.e. - addition of terms, edits of administrative policies, etc.).
1.06 Department Policies
A. Departmental policies and standard operating procedures will must be reduced to
writing and submitted to and reviewed by the City Manager for approval. This
4
Adopted 12-6-05, Revised
orocess will be reoeated each time deoartmental reQulations or SOPs are revised.
B. Approved Departmental policies and standard operating procedures will serve as
supplements to these Rules and Regulations. In the event of conflict between a
Department policy or standard operating procedure, the PRR shall prevail.
C. Approved changes in departmental policies and standard operating procedures
shall be posted on the respective bulletin boards and distributed to the affected
employees. Each employee shall sign an acknowledgment upon receipt of a copy
of the Departmental policies and standard operating procedures and changes
thereto which acknowledgments shall be maintained in the employee's personnel
file.
D. Anv Deoartmental forms used either internally or for use throUQhout the City shall
be reviewed to determine if any orovision conflicts with the PRR or creates oolicv
that is not contained within the PRR. The PRR shall orevail if any conflict has
been created.
1.07 Collective Bare:ainine: Ae:reements
In the event of a conflict between any provision of a collective bargaining agreement to
which the City is a party and a provision of the PRR, the applicable provision of the
collective bargaining agreement shall prevail.
5
Adopted 12-6-05, Revised
SECTION 2
DEFINITION OF TERMS
Administrative Leave - Time off for Exempt and Managerial Employees in lieu of overtime.
Anniversary Date - The date an employee begins full time employment and from which all
employee benefits are computed.
At will - An employee "at will" serves at the will and pleasure of the City and has no expectation
of continued employment or in any position in City employment with the City of Ocoee.
City Manager - Shall mean the City Manager, or the City Manager's Designee, unless a specific
Article or Section makes the right, obligation or action identified therein exclusively the personal
right, obligation or action ofthe City Manager.
Demotion - Assignment of an employee for disciplinary reasons from one classification to
another, which has a lower maximum rate of pay.
Discharge - Involuntary separation from City employment.
Employee -
1. Full-time employee is any employee who is non-probationary and who is assigned
a regular schedule of not less than forty (40) hours per week, or the regular full
time Section 7(k) schedule for employees covered by such a schedule in the Fire or
Police Department.
2. Part-time employee is an at will non-probationary employee who is assigned a
regular schedule of less than forty (40) hours per week or less than a full time
Section 7(k) schedule in the Fire or Police Department.
3. Probationary employee is a full time employee in an at will status during the initial
one year period of time or any extension thereof provided to allow the City the
opportunity to evaluate the employee's performance, ability, and potential and to
decide whether or not the employee is to be retained.
4. Temporary employee is an at will employee appointed for a special project or other
work of a temporary or transitory nature.
5. Contractual employee is an at will employee employed for a specific task under a
contract approved by the City Manager.
6
Adopted 12-6-05, Revised
6. Grant employee is an at-will employee employed under a governmental grant or
contract approved by the City and is temporary unless the City specifically
otherwise classifies the employee or the grant requires otherwise.
Exempt Employee - An Employee who is ineligible for overtime pay pursuant to the Fair Labor
Standards Act.
Non-Exempt Employee - An Employee who is eligible to receive overtime pay pursuant to the
Fair Labor Standards Act.
FCRA - The Florida Civil Rights Act.
FMLA - Family Medical Leave Act.
Furlough - is a temporary reduction of work hours and/or workweek.
Grievance Procedure - The detailed procedure established in Section 16 of these Rules and
Regulations allowing full-time employees to process grievances as set forth in Section 16.
Insubordination - The refusal to perform work when and as assigned, failure to obey a direct legal
orderlor other act or acts of disrespect or disregard of proper managerial authority.
Job Description - A written description of illustrative but not all of the duties and responsibilities
for a particular job classification, position or assignment.
Leave - An approved type of absence from work as provided by these rules.
LTD - Long-term disability.
Managerial Employee - An employee exempt from coverage of the Public Employee Relations
Act.
May - The word "may" shall be interpreted as permissive.
Overtime - Unless otherwise provided in a specific part of these Rules and Regulations, actual
hours worked during a work period for which non-exempt employees receive additional
compensation in accordance with the Fair Labor Standards Act.
Paid Time Off - This time shall be the hours full time employees accrue to be used when
requesting time away from work and will substitute for hours actually worked.
Performance Evaluation - A written report of an employee's job performance.
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Adopted 12-6-05, Revised
Performance Review Date - The date for the Annual Performance Review of the employee, which
shall be the employee's initial full time date of hire anniversary date, except in the case of
demotion and promotion, the Performance Review Date will be changed to the effective date of
the demotion or promotion. Anniversarv dates shall not be chanl2:ed for anv reason.
Probationary Emplovee - An employee hired into a regular full-time budgeted position for at least
the first 365 days of continuous paid status.
Promotion - Assignment of an employee from one classification to another which has a higher
maximum rate of pay.
PRR - City of Ocoee Personnel Rules and Regulations.
Reassignment - Assignment of an employee from one position to another due to a reorganization.
Reclassification - An official change in an individual job classification or individual job as a
result of significant modification of the current job duties, functions and/or responsibilities which
is designated by the City Manager as a reclassification.
Resignation - Voluntarily withdrawing from City employment.
Section 7(k) - Section 7(k) of the Fair Labor Standards Act. Referring to Police and Fire personnel
schedules for overtime purposes.
Shall - The word "shall" will be interpreted as mandatory.
STD - Short-term disability.
Transfer - Assignment from one job classification, position or assignment to another with or
without a change in pay grade or without the employee's request.
Work Week - Unless changed b)' the City Manager, the normal \vorhveek is five (5) days in a
seven (7) consecuti'/e day period for full time employees. The normaL scheduled dav or davs
assil2:ned to an emoloyee by the Deoartment Director or any other schedule aooroved bv the City
Manal2:er.
8
Adopted 12-6-05, Revised
SECTION 3
POLICY STATEMENT
3.01 Policy of the Citv
The City retains the right to expect from its employees compliance with all Personnel
Rules and Regulations, State Statutes, and Federal Regulations in the performance of
duties, as well as compliance with all safety rules and standards. An employee who
violates any of the Rules and Regulations or approved departmental rules or whose
performance is unacceptable shall be subject to disciplinary action and/or termination.
Neither the Citv of Ocoee Policv Manual andlor any other oolicies includinlZ Deoartmental
S.O.P. etc. will alter or suoersede the Personnel Rules & RelZulations.
In accordance with applicable laws, and regulations, and provisions of the Personnel
Management System, but not limited to the following, the City has the right to:
determine the organization of City Government;
determine the purpose of each of its units;
exercise control and discretion over the organization and efficiency
of operations of the City;
set standards for services to be offered to the public;
manage and direct the employees of the City;
hire, examine, classify, promote, train, transfer, assIgn, schedule
and retain employees in positions with the City;
suspend, demote, discharge, or take other disciplinary action against
employees subject to these rules;
increase, reduce, change, modify, or alter the composition and size
of the work force, including the right to relieve employees from
duties, or furlough employees from duties, because of lack of work,
funds, or other legitimate reasons;
determine the location, methods, means and personnel by which
operations are to be conducted, including the right to contract and
subcontract existing and future work;
9
Adopted 12-6-05, Revised
determine the number of employees to be employed by the City;
establish, change, or modify the number, types and grades of
positions or employees assigned to an organization, unit,
department or project;
establish, change, or modify duties, hours of work, tasks,
responsibilities, or requirements within job descriptions in the
interest of efficiency, economy, technological change, or operation
requirements;
take or refuse to take any action allowed by or not prohibited by law
for the purpose of attempting to promote the efficient operation of
the City government;
take or refuse to take any actions allowed as well as actions not
prohibited by law.
City employees shall have the right to be represented by an employee organization of their
own choosing or to refrain from so doing in accordance with Florida Statutes Chapter 447.
Employees of the City shall not engage in any strike, slow-down, work stoppage or other
interference with work or violate Florida Statute Chapter 447.
City emolovees shall be Dfohibited from takin2: concerted actions (either individually or as
a 2:rouo) a2:ainst the City. the City Mana2:er. Deoartment Directors. Mana2:ers or any other
City emolovee.
3.02 Eaual ODDortunitv & Non-Discrimination
A- There shall be no illegal discrimination against any applicant or employee in
recruitment, examination, appointment, training, promotion, retention, or any other
personnel action because of race, color, creed, gender, sexual status, religion, age,
national origin, marital status, or legally recognized disability.
B-: Employees and applicants for employment with a legally recognized disability,
who are otherwise qualified, will be provided reasonable accommodatiofl to fulfill
the essential functions of their job so long as such accommodation does not
cOflstitute an l:ffidue hardship to the City.
A. Policv
The City of Ocoee is committed to orovidin2: eaual oooortunity to all emolovees
and aoolicants for emolovment and will not discriminate or harass on the basis of
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Adopted 12-6-05, Revised
llender. race. color. relillion. national Oflllm. aile. ancestrv. disability. sexual
orientation. marital and/or veteran status. Standard oractice of emoloyment shall
be in accordance with aoolicable eQual emoloyment oooortunity laws includinll
Federal and State rellulations. Furthermore. efforts shall be made to ensure full
comoliance with the City's EQual Emoloyment Oooortunity Prollram.
1. The City of Ocoee desires and embraces the diversity of oeoole reoresented
within its workforce. America is culturally diverse and multicultural ooints
of view strenllthen us as a city. Therefore. the Citv welcomes and seeks
balance within the omanization. All emoloyees are exoected to resoect the
added value of the different llrouos reoresented at the Citv of Ocoee.
2. The City of Ocoee enthusiastically acceots the resoonsibility of orovidinll
its emoloyees with llood workinll conditions. comoetitive salaries and
benefits and the oersonal resoect that each emoloyee deserves. The City
makes everv effort to ensure that all emoloyees are treated fairlv. In no
case will abuse of any emoloyee be tolerated. No deviation from this
oolicy is considered too trivial for oromot attention by the City. If yOU
have any concerns rellardinll the violation of this oolicy. whether as a
victim or as a witness to discrimination. you should contact the Human
Resources Director.
3. Directors and Suoervisors are to be cOllnizantlaware of the EEO Utilization
Analysis results when interviewinll for new hires and oromotional
oooortunities.
B. Procedure
1. All City emoloyees shall take action to ensure that emoloyment oractices
and the work environment are free of discrimination and harassment based
on the attributes listed above. Emoloyment oractices include. but are not
limited to. the followi1ll2: hiring. uograding. demotion. transfer.
recruitment. selection. lavoff. disciolinarv action. termination. rates of oav
or other form of comoensation. and selection for traininll. includinll
aoorenticeshio. In addition. anv oractice that is not conducive to a
workolace free from discrimination and/or harassment will not be tolerated.
2. Any City emolovee who does not comoly with this EQual Emolovment
Oooortunity Policy and Procedure will be subiect to disciolinarv action. uo
to and includinll termination.
3. All manallement and suoervisorv oersonnel are resoonsible for their
emoloyees' comoliance with these oolicies. and are directed to reoort any
incident to the Director of Human Resources. Each manallerlsuoervisor
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Adopted 12-6-05, Revised
will be evaluated on the basis of hislher adherence to this oolicy. and
involvement in achievinl! the City's Equal Oooortunity objectives as well
as other established criteria.
4. The City orohibits any form of retaliation al!ainst any emoloyee for filinl! a
comolaint under this oolicy or for assistinl! in an investil!ation. If after
investil!atinl! any comolaint the City determines that an emoloyee has
knowinl!ly orovided false information. disciolinarv action may be taken
al!ainst the individual knowinl!ly filinl! a false comolaint or knowinl!ly
orovidinl! false information.
5. Ouestions concerninl! the aoolication of this oolicy should be directed to
the Director of Human Resources. who shall be resoonsible to ensure these
oolicies are carried out under the City Manal!er's authority.
6. Any emolovee or aoolicant wishinl! to make a comolaint of discrimination
or harassment based on one of the above catel!ories may do so in oerson
with the Director of Human Resources. The comolainant will be l!iven an
oooortunity to exolain the details of the allel!ed discrimination. After a
oreliminarv inquirv into the comolainant's allel!ations the Director of
Human Resources will follow these orocedures.
A. If insufficient evidence exists to establish jurisdiction under Title
VII. ADEA. or ADA. the case will be referred to the Labor
Relations section of the Human Resource Division. for further
reVIew.
B. If jurisdiction under Title VII. ADEA. of ADA can be established.
an investil!ation will be conducted. A reoort of findinl!s and
recommendations will be oreoared and sent throul!h the Director of
Human Resources to the City Manal!er. Additionally.
recommendations will be made to the Deoartment.
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Adopted 12-6-05, Revised
SECTION 4
STANDARD OF CONDUCT
4.01 Conflict of Interest
To avoid misunderstanding and conflicts of interest which could arise, the following
policy will be adhered to by employees of the City. This policy includes but is not limited
to Chapter 112 of the Florida Statutes entitled "Public Employees - Code of Ethics".
A. No public officer, employee of an agency, local government attorney, or candidate
for nomination or election shall solicit or accept anything of value to the recipient,
including a gift, loan, reward, promise of future employment, favor, or service,
based upon any understanding that the vote, official action, or judgment of the
public officer, employee, local government attorney, or candidate would be
influenced thereby.
B. Employees shall not use or attempt to use their positions to secure special
privileges or exemptions for themselves or others. includim! l!ifts of any sort. i.e.
meals. tickets of any value or any other form of cOffioensation.
C. Employees shall not accept employment or engage in any business or professional
activity which they might reasonably expect would require or induce them to
disclose confidential information acquired by them by reason of their official
positions or that by nature of the employment give rise to a public perception of a
compromise of duties.
D. Employees shall not disclose confidential information gained by reason of their
official positions, nor shall they otherwise use such information for their personal
gain or benefit.
E. If any employees of the City are officers, directors, agents, or members of, or own
controlling interests in any corporation, firm, partnership, or other business entity
which is subject to the regulation of, or which has substantial business
commitments with the City, they shall file a statement to this effect according to
State Statutes.
F. Employees shall not transact any business in their official capacity with any
business entity of which they are an officer, director, agent, or member, or in which
they own a controlling interest, excluding civic, charitable, non-profit or religious
organization.
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Adopted 12-6-05, Revised
4.02 Political Activitv
A. No employees, officials, or other persons shall solicit, orally or by letter, or be in
any other manner involved in obtaining any assessments, contributions or services
for any political party from any employee during their hours of duty with the City.
B. Nothing herein contained shall be construed to restrict the right of the employees
to hold membership in and support a political party, to vote as they choose, to
express opinions on all political subjects and candidates, to maintain political
neutrality, to attend political meetings after working hours, or to campaign actively
during off-duty hours in all areas of political activity. Employee's off duty
political activities shall not be conducted in such a manner that they interfere with
the employee's job duties or the operations of the City government.
C. Employees who wish to accept or seek election or appointment to political office
shall request a leave of absence without pay upon indicating such intention by
formal declaration or other evidence of candidacy if they are seeking office for the
City of Ocoee.
D. The use of City of Ocoee equipment or vehicles for political purposes IS
prohibited.
4.03 Outside Emplovment
A. Employees are not restricted from engaging in other employment during their off
duty hours. However, City employment shall be considered the primary
employment and no employee may engage in outside employment, which would
interfere with the interest of the City service. The City Manager, or the
Department Director in connection with the Human Resources Director, shall
determine whether outside employment conflicts with the employee's employment
with the City.
B. Employees sustaining injuries while engaged in outside employment are ineligible
to receive benefits under City Workers' Compensation on account of disability
resulting from outside employment.
C. Equipment of any nature, facilities, vehicles or property of the City shall not be
used by employees for outside employment.
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.
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Adopted 12-6-05, Revised
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.
C. City employees are prohibited from distributing any literature during working
hours or at anytime in any area where City work is performed under circumstances
which interfere with their work or the work of other employees or the efficient
operations of the City.
D. City employees are prohibited from posting any literature on City bulletin boards
designated as the Departmental Official Business Bulletin Board, which shall be
for Official City Business only.
E. Each Department will have a separate bulletin board for the use of employees;
provided the City Manager reserves the right to remove any materials the City
Manager or the City Manager's designee, determines is political, religious,
slanderous, vulgar, critical of any person or entity, controversial or otherwise
inappropriate subject only to applicable law.
F City employees are prohibited from using any City equipment such as but not
limited to computers, typewriters, recorders or photocopy machines and paper for
purposes of distribution or solicitation for other than City business.
4.05 Use of Citv Propertv
Other than use of computers and E-Mail (which is covered by Section 13.Wll),
employees shall not use City property, equipment, or vehicles except in the performance
of official duty, nor permit their use by an unauthorized person, either on or off duty.
Employees may be allowed to use vehicles to go to and from work and for educational
purposes with the permission of the City Manager or the City Manager's designee. Use
of City vehicles for oersonal reasons is l!enerallv orohibited unless a deoartmental oolicv
orooerlv authorized bv the City Manal!er or aoolicable union contract allows such usal!e.
Emolovees who are not. certain if such usal!e aoolies to their situation should clarify their
usal!e authorization from the resoective Deoartment Director.
15
Adopted 12-6-05, Revised
SECTION 5
APPLICANTS FOR EMPLOYMENT
5.01 Applicants for Employment
All applicants shall be referred to the Human Resources Department for processing.
5.02 Basis for Employment
Employment with the City shall be based on qualifications, experience, skill, past work
record, ability, relevant education, attitude and other work-related factors.
5.03 Notice of Vacancies
All employees within the City who apply for a posted position shall have the right to an
interview before selection of the final candidate, if they meet the minimum requirements
of the job description, as determined by the Human Resources Director.
5.04 Veterans' Preference in Selection
Eligible veterans and spouses of veterans will be given preference in appointment as set
forth by the guidelines of the Veterans' Preference in Appointment and Retention in
Employment rules of the State of Florida. Veterans' oreference shall be verified bv the
Human Resources Director and all such hirinl! decisions based uoon veterans' oreference
will be administered bv the Human Resources Deoartment.
5.05 Employment of Family Members
A. In order to encourage a diverse and representative work force and to avoid the risks
of conflicts between family obligations, family loyalties and City business, the City
discourages but does not automatically prohibit members of the same family from
working for the City. Each situation involving employment of a family member
must be reviewed on its own merits. As a general guideline, however, employees
should know that the City will not allow the employment of a family member in
any situation where a conflict of interest exists or where there is a substantial
likelihood that a conflict of interest will arise; including but not limited to such
things as a relative working under the direct supervision of another, one relative
being responsible for the job performance evaluation of another, one relative being
directly involved in job actions with regard to another; one relative is subject to
learning confidential information about the other, the relationship creates friction
among co-workers or other City employees adversely affecting City operations, or
where one relative involves himself/herself in the work related problems of the
16
Adopted 12-6-05, Revised
other. It is the obligation of all affected employees to immediately advise the City
Manager if a change in his or her situation occurs or is anticipated which will
result in his or her becoming related to another employee so that the effect, if any,
of the relationship to and on City operations may be fully evaluated and
appropriate action taken.
B. Family members under this subsection shall include any immediate family member
as defined in Section 10.01(B).
17
Adopted 12-6-05, Revised
SECTION 6
TYPES OF APPOINTMENT AND
EMPLOYMENT STATUS
6.01 New Emplovees and Probationary Period
A. A new employee may be hired as a full-time, part-time, temporary, contract or
grant employee as recommended by the Department Director and approved by the
City Manager. Only regular full-time employees are covered by the provisions of
the PRR, unless specifically included or excluded.
B. New employee compensation will normally be at the beginning of the pay grade
unless otherwise approved by the City Manager. See Section 12.
C. Regular full-time employees will be on probation for one (1) year, 365 calendar
davs. from the date of their initial employment, except for those in the Fire and
Police Department covered bv a Collective Banmininll Allreement and those
covered by Section 1.02D(2). One (1) year shall be 365 calendar days of
continuous uninterrupted employment. During the probationary period, full-time
employees shall serve at the will and pleasure of the City. After successful
completion of the probationary period, such employee's continued employment
shall be subject to the terms and conditions of the applicable Personnel Rules and
Regulations. Any period of service in a "leave without pay status" shall not count
toward comDletinll this one-year. 365 day. period.
D. Evaluation of Performance - During the probationary period the Department
Director shall coordinate with the supervisors concerning the employee's
willingness and ability to perform the job duties. The department may extend the
probationary period, if approved by the Department Director and Human
Resources Director, should the position require a training, certification, and/or
licensing requirement that must be completed before the probationary period has
been completed. Any extension shall be considered on a case-by-case basis and
must be approved at least 60 days in advance of the end of the 365th day of
orobation.
E. Dismissal During Probation - The Department Director must coordinate dismissal
of probationary employees with the Director of Human Resources and the City
Manager. The probationary employee does not have the right of administrative
appeal under Section 16, or otherwise.
F. Probationary employees shall serve six (6) months of the initial orobationarv
Deriod before being eligible to be considered for another position within the City,
18
Adopted 12-6-05, Revised
unless otherwise authorized by the City Manager as staffing needs dictate, on a
case-by-case basis.
6.02 Transfers
A. An employee may be transferred temporarily or permanently as recommended by
the Department Director and approved by the City Manager.
B. A transfer will not change the employee's anniversary date.
C. An employee temporarily assigned to a position in a higher pay grade is eligible for
temporary assignment pay as provided in Section 12.08.
D. When an employee is permanently transferred, helshe shall be paid in accordance
with Section 12.09.
6.03 Promotions
A. Except when determined operationally necessary and efficient by the City
Manager, all full-time non-managerial vacancies will be posted on City bulletin
boards for a minimum of five (5) working days before any external advertising.
B. Employees who wish to be considered for the vacancy must apply during the
posting period by signing the promotion bid list in the Office of the Director of
Human Resources.
C. While a selection is being made, the Department Director may utilize any
employee helshe determines meets the minimum qualifications for the job.
D. The Director of 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.
E. In determining whom to promote from among qualified bidders, the City shall
consider:
1. Qualifications and ability to perform the job.
2. The employee's past work related experience with the City.
3. The employee's entire past performance.
4. Years of continuous service as a City employee.
19
Adopted 12-6-05, Revised
5. The Eaual Emoloyment Oooortunitv Plan.
\Vhen factors 1, 2 and 3 are relatively equal in the opinion of the Department
Director, or the Director's designee, the promotion shall be u','/arded to the
employee with the most years of continuous service with the City.
F. When it is determined that no employee meets the minimum qualifications for the
job and that no bidder is sufficiently qualified for the position, the City shall fill
the position in any way that it deems appropriate.
G. A promoted employee shall be paid in accordance with Section 12.06 and his/her
performance reyicw anniversarY date shall remain the same. be changed to the
effecti'/e date of the promotion. In the eyent the employee has three (3) months or
less to go for his/her annual performance review the employee shall also receive
the performance increase that would have been due.
H. A promoted employee will serve a minimum of a six (6) month probationary
period. If the promoted employee does not successfully complete the probationary
period in that position, but his/her performance is otherwise satisfactory, the
employee may be returned to the position from which he/she was promoted with
the approval of the Department Director from which helshe was promoted. If the
position from which the employee was promoted is filled or the Department
Director does not approve the return, reasonable efforts will be made to place the
employee in a comparable position, if one is available, and if not, in another
position that is available within the City. If such a vacancy does not exist, the
employee will be laid off.
1. Promotional probationary period may be waived if the employee previously served
the entire probationary period in the same position.
6.04 Demotions
Demotion is the temporary or permanent assignment of an employee from one
classification to another, which has a lower maximum pay rate for disciplinary reasons as
set forth in Section 15.
A demoted employee's pay shall be determined in accordance with Section 12.07. The
employee's performance rcyievl anniversarv date shall remain the same: however. a
demoted emoloyee will serve a minimum of a six (6) month orobationarv oeriod. be
changed to the effective date of the demotion. If the demoted emoloyee does not
successfully comolete the orobationarv oeriod. but hislher oerformance is otherwise
satisfactorv. the emoloyee may be olaced in another oosition that is available within the
Citv. if the emoloyee is aualified for that oosition and with the aooroval ofthe Deoartment
20
Adopted 12-6-05, Revised
Director involved. If the Deoartment Director does not aODfove the olacement or if such a
vacancv does not exist. the emolovee will be terminated.
6.05 Reemplovment
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.
B. Rehired employees, otherwise and not included in Section A above, are considered
new employees.
C. 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 ofthe City.
D. 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.
6.06 Reassie:nment
Reassignment is the permanent assignment of an employee from one classification or
position to another due to a departmental reorganization. Reassignment pay is addressed
in Section 12.09.
21
Adopted 12-6-05, Revised
SECTION 7
HOURS OF WORK. WORK SCHEDULES AND ATTENDANCE
7.01 Basic Work Schedule
A. The basic work schedule shall be forty hours (40) for full-time employees under
normal situations unless otherwise specified or scheduled by the City Manager or
Department Director to meet particular requirements of individual departments.
However, the City Manager may establish the basic work schedule and hours of
work best suited to meet the needs of the departments and the City to provide
proper service to the community. Nothing in these rules shall be construed as a
guarantee or limitation of the number of hours to be worked per week.
B. Except in the Police and Fire Department, which operates twenty-four (24) hours a
day, seven (7) days a week, the basic work schedule shall be from Monday through
Friday of each week unless otherwise specified or scheduled by the City Manager
to meet the particular requirements of the City or individual departments. When
the City Manager deems it necessary, work schedules may be established in all
departments other than on the basic Monday through Friday schedule.
C. Lunch periods are scheduled at the discretion of the Department Director, or the
Director's designee.
7.02 Attendance
A. Each Department Director is responsible for the punctual reporting to duty by all
persons in the department.
B. All employees must report for duty at the scheduled time.
C. If an employee is unable to work for any reason, the employee must notify their
immediate Supervisor prior to the scheduled reporting time unless the employee
provides evidence satisfactory to the Department Director that helshe did not call
in for reasons beyond the control of the employee.
D. Excessive, habitual, including excessive emergency call offs or unjustified
absenteeism or tardiness will result in disciplinary action up to and including
termination.
22
Adopted 12-6-05, Revised
Related Definitions
. Absence: The incident that occurs when an employee does not report to
work for all or a portion of a normally scheduled workday.
. Tardiness: The incident that occurs when an employee does not report to
work at the scheduled start time, or does not return from meal or break
periods on time.
. Scheduled: Absences or tardies are typically scheduled in advance for such
events as vacation, medical appointments, military service, family
activities, jury duty, funeral services, and other happenings which might not
be able to be planned outside of regular work hours.
. Unscheduled: Absences or tardies are typically unscheduled for such events
as employee illness, family emergencies, family illnesses or death,
transportation emergencies, household emergencies, and other happenings
which might occur without prior notice.
. Excused: Absences and tardies are typically discussed and excused in
advance of the absence by the supervisor/manager, for such schedulable
events as vacation, medical appointments, military service, family
activities, jury duty, funeral services, and other happenings which might not
be able to be planned outside of regular work hours.
. Unexcused: Absences and tardies are not able to be discussed and excused
in advance by the supervisor/manager, for such unscheduled events as
employee illness, family emergencies, family illnesses or death,
transportation emergencies, household emergencies, and other happenings
which might occur without prior notice.
. Pattern Absenteeism or Tardiness: Repeated occurrences of unscheduled,
unexcused absence or tardiness the day before or after a scheduled holiday
or scheduled day off, repeated occasions of unscheduled, unexcused
absence or tardiness on the same day of the week, or occurring at the same
time interval.
. No Call/No Show: Failure to report to work as scheduled without any
contact or notification.
Note: Any employee who fails to report to work for three [3] consecutive work days without
DrODer notice to their supervisor/manager [i.e. No Call/No Show] will be assumed to have
voluntarily resigned and abandoned their job. In such case, the employee will be voluntarily
terminated, however, a No Call/No Show is considered a disciplinary infraction.
23
Adopted 12-6-05, Revised
7.03 Overtime
A. All non-exemot emoloyees (those eligible for overtime oay). must maintain a
record of the total hours worked each day. These hours must be accurately
recorded on a time card that will be orovided to the emoloyee by their suoervisor.
Each emoloyee must silZn hislher time card to verify that the reoorted hours worked
are comolete and accurate. Time cards must accurately reflect all relZular and
overtime hours worked. anv absences. late arrivals. earlv deoartures and meal
breaks. Time cards should be submitted to the suoervisor for verification and
aooroval at the end of each week. Emoloyees should not silZn their time card
unless it is accurate. If their time card is not accurate. the emolovee must notify
their suoervisor immediatelv. After receivinlZ each oay check. the emoloyee should
immediately verify that thev were oaid correctly for all relZular and overtime hours
worked. Non-exemot emoloyees should not start work early. finish work late.
work durinlZ a meal break or oerform anv other extra or overtime work or work any
hours that are not scheduled unless authorized by their suoervisor to do so and that
time is recorded on the time card. Non exempt employees are to report all hours
vlOrked. Non exempt employees should not begin work before the beginning of
their schedule or after the end of their schedule without permission; however, if
they do perform '.york before or beyond their schedule, they are to report it as hours
worked on their time sheet or record. Overtime will be authorized or directed only
when it is in the interest of the City and is the most practicable and economical
way of meeting workloads or deadlines. Emoloyees are orohibited from
oerforminlZ any "off-the-clock" work. "Off-the- clock" work means work
oerformed but not reoorted on the time card. Anv emoloyee who fails to reoort or
inaccurately reoorts any hours worked will be subiect to disciolinarv action. uo to
and includinlZ termination. It is a violation of the City's oolicv for any emoloyee to
falsify a time card or to alter another emoloyee's time card. It is also a violation of
the City's oolicy for any emoloyee or suoervisor to instruct another emoloyee to
incorrectlv or falselv reoort hours worked or to alter another emoloyee's time card
or to fail to reoort any such misconduct. If any emoloyee or suoervisor instructs an
emolovee to incorrectlv or falselv under- or over-reoort hours worked. alter another
emolovee's time records to inaccuratelv or falselv reoort that emolovee's hours
worked. or to conceal anv falsification of time-records or to violate this oolicy. the
emoloyee should reoort it immediately to the Human Resources Deoartment.
B. All non-exempt hourly employees, except employees on a Section 7(k) schedule in
the Fire Department, shall be paid time and one-half their regular hourly rate of
pay for all hours in excess of forty (40) in a work-week.
C. Non-exempt employees in the Fire Department will receive overtime pay in
accordance with the Fair Labor Standards Act for all hours worked in excess of
one hundred fifty-nine (159) hours in a twenty-one (21) day work cycle or in
accordance with the collective bargaining agreement between the City and IAFF.
24
Adopted 12-6-05, Revised
D. For the purposes of overtime computation, jury duty, annual military leave and
other absences from duty, whether paid or not, shall not be considered as time
worked; provided, however, paid holidays, bereavement leave and paid time off
used for scheduled leave shall be considered as time worked up to eight (8) hours
of vlork.
E. Employees shall be required to work overtime when assigned unless excused by
supervision. An employee desiring to be excused from overtime work assignments
for good and sufficient reasons shall submit a request to the immediate supervisor.
F. In lieu of overtime, compensatory time off as defined by the FLSA may be
authorized if recommended by the Department Director, approved in writing by the
City Manager and administered through the Human Resources Department.
G. Non-exemot emolovees who are reauired to travel for certification trainin2: or other
related trainin2: mav be eli2:ible for overtime if thev drive or attend these reauired
sessions on scheduled days off. Deoendin2: on the schedule of sessions and the
time necessarv to travel and attend. overtime oayments may aooly. The Human
Resources Deoartment is resoonsible to intemret the eli2:ibilitv for overtime and
the Deoartments shall receive clarification before the end of the oav oeriod after
the trainin2: occurred.
7.04 Soecial Detail
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 full-time police officers and 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.
B. All special duty assignment opportunities shall be posted on the department
bulletin board and assignment to such duty will be made pursuant to departmental
S.O.P.
C. While on special detail assignment, the employee remains an employee ofthe City,
shall be under the direct control and supervision of the employee's departmental
supervisor and shall perform only functions that he or she is directed to perform or
are considered the normal duties of a police officer or fire department employee of
the City of Ocoee.
D. Employees on special detail assignment shall be in a regular police or fire
department uniform, shall have full authority to act as a police officer or fire
25
Adopted 12-6-05, Revised
department employee of the City of Ocoee, and shall make an official record of all
incidents or events that would normally require such a report during regular duty.
E. Hours spent on extra duty assignment shall be paid by a separate City payroll
check and shall be covered by Workers' Compensation and other insurances.
However, rate of pay is based upon the contractual agreement made between the
City of Ocoee and the party asking for the extra duty.
~ Flex SehedHliR~
Flex scheduling or job sharing is a method by which employees share the same job. Each
employee must be able to perform all the functions of the job.
&. Flex scheduling may be approved by the City Manager within a department on a
case by case basis.
&0 In the event flex scheduling is approved by the City Manager, the employees must
meet all attendance requirements as outlined in the Personnel Rules and
Regulations.
G: Abuses of flex scheduling may result in removal of the employee from flex
scheduling and/or disciplinary action ,>"hen deemed appropriate.
7.0'~ Call Out Pay
Call Out Pay is provided to compensate non-exempt employees.
A. Employees called back to work after having completed their regularly scheduled
shift and left the City property or called out during a scheduled day off shall
receive Call out pay. Call out pay applies only to work which is of an emergency
or unexpected nature and does not include scheduled overtime, or other scheduled
work beyond the employee' s normal schedule.
B. Any employee required to continue working after his/her regularly scheduled shift
shall be ineligible for Call Out Pay but eligible for compensation at the overtime
rate of pay pursuant to Section 7.03.
C. Call Out Pay shall be a minimum of 1\"0 (2) hoW's. If the employee is called out
and required to work for a period of one and one quarter hours one hour (60
minutes) or less, the employee shall receive two hours pay at the straight time rate.
If the time worked is greater than one and one quarter hours one hour (60
minutes), that time will be added to the total hours the emolovee worked in that
workweek the employee will be paid for the number of hours worked at the
overtime rate '.vithout regard to v/hether the normal overtime hours tm-eshold has
26
Adopted 12-6-05, Revised
been met. Should an emolovee be called out for a subseauent time durin!! the same
dav/ni!!ht. there shall not be anv overlao of the orevious two (2) hour !!uarantee.
No call out hours shall overlap or pyramid from one call out to another.
D. The procedure for selection of employees for Call Out shall be in accordance with
a departmental policy approved by the Department Director; provided, however, an
employee may be excused from being subject to Call Outs if in the opinion of the
Department Director the employee has a valid excuse for not being subject to call
outs. Emolovees that are unfit for dutv shall be ineli!!ible for call out.
E. Department Directors and all salaried employees are not eligible for Call Out Pay.
When in the opinion of the City Manager the work load for these non-eligible
employees has become excessive because of the amount of time committed to City
business, the City Manager may at hislher discretion make arrangements whereby
these employees may take time off during the "normal" work period provided said
employee's services are not otherwise required.
7.0+~ Call Outs In Civil Emer2encies
In the case of civil emergency declared by the City Manager or other emergencies declared
by the Mayor, call out pay for non-exempt employees, during the emergency, will be at
time and one half (E~) double time for all hours worked without regard to whether the
normal overtime hours threshold has been met, and in addition to regular pay, if
appropriate. On a case-by-case basis the City Manager may authorize additional
administrative leave for exempt employees to compensate for time worked during an
emergency. Any employee designated as an essential employee will be required to be
available to work during any declared emergency. Employees should be designated as
essential or non-essential by each department and in advance of the emergency when
possible.
7.081 Rest and Overtime after Sixteen (16) Continuous Hours
Except for employees in the Fire Department on a Section 7(k) schedule, employees,
including an employee on standby, who has worked sixteen (16) or more consecutive
hours shall be paid time and one-half hislher regular hourly rate for all work after the
sixteen (16) hours until helshe gets eight (8) hours rest. Any portion of the eight (8) hours
of rest which is part of the employee's regular schedule shall be paid at the employee's
regular rate of pay. Rest time is to be considered hours worked for the purposes of
calculating entitlement to overtime but only if it is paid. Employees are expected to report
to work for their normal scheduled shift at the end of the rest period or when the
emergency is over. This provision is generally applicable during declared emergencies,
otherwise, before employees are required to work more than sixteen (16) hours, the
Department Director shall notify the City Manager.
27
Adopted 12-6-05, Revised
SECTION 8
HOLIDAYS
8.01 Days Observed
A. When a holiday falls on Saturday or Sunday, the Friday preceding or Monday
following shall be designated a substitute holiday and observed as the official
holiday.
B. The observed holidays are:
December 25
New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Day after Thanksgiving
Day Before or After Christmas Day,
as Determined by City Commission
Christmas Day
January 1
January - Third Monday
May - Last Monday
July 4
September - First Monday
November - Fourth Thursday
November - Fourth Friday
December
C. The City Manager will determine which departments or operations will be closed
in observance of a holiday.
8.02 Eli2ibilitv for Holiday Pay
A. All holidays must be taken as time off except for departments where employees
work 24 hours.
B. An employee must be on an approved oaid leave for or work the normal schedule
of hours, on the regularly scheduled working day immediately prior to and
immediately following a holiday, in order to qualify for the holiday time or pay.
Absences not approved in advance may not be approved depending on whether the
employee's excuse and verification of the reason for the absence are acceptable to
management, which, may at its option, require a doctor's excuse as well as any
other evidence it deems necessary.
C. Holiday Pay
1. Full-time non-exempt employees, except those on a 21/18 schedule in the
Fire Department covered bv a Collective Barl!aininl! Alrreement. who work
8 or 9 hour davs shall receive be eight (8) hours at their straight time hourly
28
Adopted 12-6-05, Revised
rate. Those who work 10 hour days shall receive ten (10) hours at their
strail!ht time hourly rate. All emolovees on a 9-80 schedule must out in
one hour of PTO for a holiday that occurs on any day but a Friday.
2. Part-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 proyided they meet the requirements of
Section 8.02(B) above and orovided they are on a oaid status.
D. When a non-exempt employee who is not on a 24/48 hour schedule within the Fire
Department works on a scheduled holiday, the employee shall receiye holiday pay,
if helshe meets the eligibility requirements, plus his/her regular pay for the hours
worked. (Straight or overtime depending on whether the time worked is over forty
(40) hours).
E. When an employee is scheduled to work on a holiday but fails to do so, the
employee will not receive holiday pay even if the employee is otherwise eligible
for holiday pay.
F. Employees must complete their initial one-year probationary period in order to
qualify for the additional sixteen hours ofPTO.
8.03 Police Deoartment
A. If a holiday falls on the day off for the employee, the employee shall be paid at the
straight time rate for the holiday.
29
Adopted 12-6-05, Revised
SECTION 9
PAID TIME OFF
9.01 Eli2:ibilitv
A. Only full-time employees will be allowed to accrue paid time off. Paid time off
shall not be used prior to the time it is earned by the employee.
B. Full-time probationary employees shall accrue paid time off during their initial
probationary period but shall not be permitted to take same during the initial six
(6) months of employment unless recommended by the Department Director and
authorized by the City Manager. 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.
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 present a doctor's certificate.
F. Caring for immediate family members who are ill as defined in Section 10.~06
G. Maternity/Paternity Leave.
H. To supplement FMLA leave, STD, LTD or worker's compensation, but only to the
extent necessary to make up the difference in all compensation received from any
source and the employee's straight time weekly earnings.
30
Adopted 12-6-05, Revised
9.03 Reauest for Leave
In order to ensure effective operational scheduling, paid time off should be requested as
far in advance as possible but in no event less than one (1) work day before the leave is to
commence unless the failure to make a timely request is determined by the City to be for a
reason beyond the control of the employee. Paid time off is authorized only upon
approval of the Department Director or their designee. Employees who do not receive
advanced approval or who become absent without advanced approval will be considered
"Absent Without Authorized Leave" (A WOL) and will be subject to disciplinary action.
9.04 Reauest for Paid Time Off - Vacation
A. F or that portion of scheduled leave that is vacation, a minimum of two weeks
advance notice is required. Emergency requests for vacation leave may be granted
unless scheduling or work commitments preclude permitting the leave. The
Department Director shall determine if the length of vacation requested can be
approved, depending upon the operational needs of the Department during the
period of time requested.
B. In the case of two or more employees requesting leave for the same time period,
the vacation will be awarded as follows:
1. When employees in the same department holding the same rank or same
classification seek the same vacation period, the award shall be governed
by the job classification and, if necessary, by length of service within the
Department.
2. If an employee transfers to another department with the same rank or
classification, the length of service will be the date of the transfer.
C. Department Directors should prepare a yearly schedule for vacation leave to enable
all employees within the department an opportunity to plan scheduled time away
from the City.
9.05 Approval
A. Paid time off must be approved in advance by the employee's supervisor or
Department Director. Timely requests for paid time off will be honored except
when the supervisor or Department Director determines it would adversely affect
efficient operation in the department.
B. In the case of unforeseen sickness or injury of the employee or an immediate
family member, the employee must advise hislher supervisor or Department
Director as soon as possible that helshe is going to be absent but not later than the
31
Adopted 12-6-05, Revised
employee's scheduled reporting time unless prohibited from doing so for reasons
determined by management to be beyond the control of the employee. This
procedure shall be followed every day the employee is unable to work, unless this
requirement is excused by his/her immediate supervisor or Department Director.
Approval of the absence as paid time off under this Section 9 will require
verification of the reason for the absence satisfactory to the Department Director or
Human Resources and may include a doctor's excuse.
C. Absences not approved under Section 9.04, or paragraphs A or B 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.
D. Exempt employees are expected to normally work more than forty (40) hours per
week or more. Department Directors are responsible to monitor time worked to
determine if flex time is appropriate If the exemot emoloyee does averm!:e lZreater
than 40 hours oer week. then occasionally if the emoloyee requests less than 4
hours off on anyone day. the Director may aoorove flex time rather than charlZe
PTO. This oolicy is not to be interoreted by the emoloyee but only if the
Deoartment Director believes the emoloyee is elilZible for this flex time
consideration.
9.06 Accrual of Leave
A. Full-time employees earn Paid Time Off (P.T.O.) as follows:
Six through fifteen years of service
6.78 hours bi-weekly
(176.28 hours per year)
8.31 hours bi-weekly
(216.06 hours per year)
9.85 hours bi-weekly
(256.10 hours per year)
One through five years of service
Sixteen years +
All employees (except bargaining unit employees) shall receive sixteen (16) hours
of paid time off added to their accruals after October 1 st each year and only after
the employee has worked for the City for one year. Employees assigned to work a
regular ten (10) hour schedule shall have twenty (20) hours added to their accrual.
B. A full-time non exempt employee. exceot those covered by a Collective
BarlZaininlZ AlZreement. can accrue up to ~ 540 hours of paid time off. All-at
"'1ill employees cO'/ered by Section 1.02D(2) can accrue up to 510 hours of paid
time off. In all cases, employees must take a minimum number of hours paid time
off (PTO) each fiscal year based on years of service as follovls:
32
Adopted 12-6-05, Revised
Non Exempt Employees:
Upon completion of One year & through five years of service
Upon completion of Six years & through fifteen years of service
Upon completion of Sixteen years & over
80 hours
120 hours
160 hours
Exempt Employees:
.^..ll exempt employees must use eighty (80) hours of paid time off each year
regardless of their years of service.
To the extent the employee did not take the required number of paid time off hours
as shovm above, up to the required number of hours will be automatically deducted
from the employee's PTO bank on September 30 each year.
C. All-pfaid time off hours shall continue to accrue beyond the 540 hours each vear.
however. maximum accrual allow'ed above 540 hours on September 30 shall be
reimbursed to the employee in the first pay period in December of each calendar
year un to a maximum of 80 hours. Therefore. anv hours accrued over 620 on
Sentember 30 will be deducted from the emnlovee. At will employees covered by
Section 1.02D(2) may be reimbursed up to 100 hours upon their written request to
the Human Resources Department.
9.07 Chare:ine: Leave
Paid Time Off hours shall be scheduled and charged to the employee for the actual time
the employee is away from work.
9.08 Payment - Unused Leave
A. Upon separation from City employment, full-time employees who have completed
six (6) months of continuous employment shall be entitled to compensation for any
earned but unused paid time off hours un to a maximum of 540 hours, provided
they have given at least two (2) weeks notice of separation. Employees who do not
provide a two-week notice will have eighty (80) hours deducted from their final
payout reimbursement.
B. All accrued paid time off hours of employees who die while in the service of the
City shall be paid to the spouse, designated beneficiary or estate of the employee.
C. Emergency cash out of accrued paid time off may be granted with the
recommendation of the Department Director and written approval by the City
Manager, providing the employee has not made a similar request within the past
twenty four (24) months. Requests for cash-out of accrued PTO, if approved, will
33
Adopted 12-6-05, Revised
be paid at the rate of seventy-five percent (75%) of the employee's present rate of
pay. Requests for cash-out may not exceed 120 hours of accrued time and
employees may not deplete their paid time off bank below eighty (80) hours.
9.09 Paid Time Off Due to SicknesslIniurv
A. Paid Time Off due to sickness/injury which is not covered by the Family Medical
Leave Act or the City STD or LTD Policy may be approved under same conditions
as provided in Section 9.03 and 9.05(B).
B. In addition to the request and approval requirements of 9.03 and 9.05, if, and
whenever, sick leave requests may appear to be abused, the employee
claiming/requesting such sick leave requests may be required to furnish competent
proof of the necessity for such absence. The City reserves the right in all cases of
illness, or reported illness, to require the employee to furnish a doctor's certificate
or other evidence satisfactory to the City. Abuse of paid time off privileges shall
constitute grounds for disciplinary action up to and including termination.
C. The City requires a doctor's release to return to work following surgery or use of
three consecutive sick days for all employees except two consecutive shifts for Fire
Department personnel on a Section 7(k) schedule.
D. Using paid time off for sick related reasons is a privilege and as stated above is not
to be abused and any request for time off for sick related reasons shall be deducted
from the paid off time accrual. Approved time off will be counted toward the
requirement in 9.06B.
9.10 Administrative Leave
At will employees covered by Section 1.02D(2) above pay-grade thirty-six (36) of the Pay
Plan 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.
9.11 Leave Time Donation Pro!!ram
All full time emolovees who have accrued at least 40 hours of Paid Time Off will be
eliQ:ible to oarticioate in the Leave Time Donation ProQ:ram. This oroQ:ram will be
effective the date of aooroval bv the Commission. Initial leave time donation to the
oroQ:ram will occur within 30 davs of the effective date and then durinQ: the month of
Januarv in subseauent vears.
34
Adopted 12-6-05, Revised
Policv
Any full time emoloyee who desires to be elilZible for donated leave time. in accordance
with the PROCEDURES below. helshe must donate one full day of hours in coni unction
with their normal work schedule (i.e. 8-9-10-12-24), These hours must be donated by
fillinlZ out and silZninlZ the donation leave form within a 30 day timeframe desilZnated as
the enrollment oeriod.
Procedure
A. Any emoloyee who has donated the reauired number of hours within the
enrollment oeriod (each year) mav be elilZible for donated leave time. An
emoloyee would be lZenerally considered elilZible if any of the followinlZ
oarameters are met by the oarticioatinlZ emoloyee.
1. The reauest for donated leave time must be for a serious health condition or
iniurv suffered by the emoloyee. or
for a serious health condition of an immediate deoendent that reauires the
emoloyee to care for the deoendent (must also be a aualifvinlZ FMLA
event). or
for a serious oersonal catastroohic issue. such as a fire. hurricane. flood.
etc.. effectinlZ the emoloyees domicile. or similar unforeseen catastroohic
event.
2. The emoloyee has used all of their accrued Paid Time Offbefore reauestinlZ
leave. and if the above oarameter( s) have been satisfied.
3. Emoloyees considered to be elilZible will receive donated time uo to a
maximum of 160 hours. oer anyone occurrence.
4. Emoloyees will be considered elilZible for seoarate. multiole occurrences
within a calendar vear uo to a maximum of 160 hours within that calendar
year.
5. The City ManalZer may extend the maximum number of hours bevond 160
hours if the circumstances warrant such consideration.
B. Emoloyees who oarticioate in this orolZram may not aualifv for donated leave.
should the followinlZ be determined:
35
Adopted 12-6-05, Revised
1. A oarticioatin!:!: emolovee has a historv of exhaustin!:!: their oaid time off as
they have accrued the same. or
2. Any oarticioatin!:!: emoloyee who has less than 40 hours accrued at the time
of the reauest. or
l. An emoloyee who donated time. however. failed to donate the reauired
number of hours durin!:!: the most recent enrollment oeriod.
4. An emoloyee otherwise eli!:!:ible who fails to orovide sufficient
documentation to verify the need and/or aualifyin!:!: event.
.5.... A oarticioatin!:!: emoloyee reauestin!:!: donated leave time who fails to meet
the reauired tyoe of aualification( s) listed in Section A (1-5),
6. A oarticioatin!:!: emoloyee will not be eli!:!:ible for donated time if the
aualifyin!:!: event is as a result of a Workers Como illness or iniurv.
C. Particioation in this LEA VE TIME DONATION PROGRAM shall be strictly
voluntary.
All donated leave will be removed from the oarticioatin!:!: emolovees' leave account
and be olaced in the donated leave 0001 account.
Emolovees will be reauired to re-enroll on an annual basis. as described above. to
continue their eli!:!:ibility in the Pro!!ram. A oarticioatin!! emoloyee who received
donated leave time and has less than the reauired number of hours accrued to
donate durin!! the enrollment oeriod. will be allowed to contribute as soon as
helshe accrues the necessarY number of hours reauired to be donated. Durin!:!: that
time the emoloyee will not be allowed to use any accrued p.T.a.
Any leave time contributed to the Donated Leave Pool by a oarticioatin!:!: emoloyee
shall be forfeited uoon the emoloyee's cancellation of membershio in the oooL
failure to re-enrolL retirement. or termination from City emolovment.
Contributed hours will remain with and belon!:!: to the Citv.
When an emolovee is drawin!:!: funds from the Donated Leave PooL they will not
accrue Paid Time Off.
The City Mana!!er and Assistant City Mana!:!:er will be resoonsible to review all
reauests for donated leave time from oarticioatin!:!: emoloyees as oresented by the
Human Resources Director. The City Mana!:!:er will aoorove or deny reauests in
accordance with the above. Neither any aooroval nor denials of any reauest(s)
36
Adopted 12-6-05, Revised
shall be subiect to any lZrievance orocedure. The decision of the Citv ManalZer
shall be final and not subiect to anv review or administrative orocess.
37
Adopted 12-6-05, Revised
SECTION 10
LEAVE OF ABSENCE
10.01 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. 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 may extend
this time-off by requesting use of paid time off, if approved by the Department
Director.
B. Immediate Family
Includes father, mother, son, daughter, brother, sister, grandparent, uncle, aunt,
first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-
law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson,
stepdaughter, stepbrother, stepsister, half brother, half sister, grandchild,
significant other or legal guardian. The City reserves the right to require
documentation to determine the relative(s) status to the employee.
C. Bereavement Leave shall not be charged to any other leave.
10.02 Court Leave and Jurv Dutv
A. Any employee attending court as a witness on behalf of the City of Ocoee or a
public jurisdiction recognized by the City of Ocoee or subpoenaed for jury duty
during their normal working hours shall receive full pay equal to their normal work
schedule for the hours they attend court. This time shall be charged as leave with
pay after submittal of the Droner documentation.
B. Employees who are plaintiffs or defendants will not receive pay, unless they are a
defendant based on their actions in their capacity as a City employee. Employees
who are subpoenaed as witnesses in private matters not involving the City, will not
receive regular pay but must schedule PTO in advance for the absence.
C. Employees who are absent under this subsection for only a portion of a regular
scheduled workday shall report to their supervisor when excused or released by the
court to determine whether they are requested to return to work.
D. Any payment that an employee receives while on court leave with pay will be
given to the City. Per diem mileage received shall be retained by the employee.
38
Adopted 12-6-05, Revised
10.03 Conference LeaveITravel Policv
The following policy applies to all employees except the City Manager who, like the
Mayor, City Commissioners, City Attorney and members of Boards and Commissions are
covered by City Ordinance 93-20.
A. The City Manager may grant leave with pay, together with the necessary travel
expenses in order that employees may attend conferences, workshops and similar
events designed to improve their efficiency, if considered to be in the best interest
of the City. Leave and expenses will be recommended by the Department
Director subject to approval by the City Manager.
B. The need for City travel for which reimbursement may be claimed by employees of
the City of Ocoee is acknowledged. All such persons are eligible to travel for the
conduct of City business or to attend meetings and conferences for the benefit of
the City, at City expense, pursuant to proper authorization prescribed in these
Regulations.
1. The City Manager or hislher designee shall authorize travel for City
employees. The City Manager may delegate the supervising Department
Director the authority to act as designee. All local travel reauests and
exoense vouchers shall be aooroved bv the Deoartment Director. All
overnillht travel reauest and exoense vouchers shall be aooroved bv the
Deoartment Director and the City Manaller.
2. A travel expense report, issued by the Finance Department, vihich shall be
used by all travelers requesting payment or travel expenses shall be
completed and submitted to the Finance Department at least ten (10)
',llorking days prior to payment date needed. The final expense report '."ill
be filed within fourteen (14) working days after completing the authorized
travel. Time off for attendance and travel dlH"ing standard working hours
will be paid at the regular rate of pay, for the number of hours normally
v:orked. Overtime compensation will not apply.
Emolovees reauestinll time away from their rellular duties to attend a
seminar. class or work related traininll function. when no ovemillht lodllinll
is necessarv. will not be entitled to reimbursement for meals. However.
when an emolovee is reauired or directed bv the emolover to attend an all
day seminar for mandatorv re-traininll. certification or licensure. outside the
central Florida area (Oranlle. Osceola. Seminole, Lake Counties) and lunch
is not orovided as oart of the session. then the emolovee would be entitled
to be reimbursed for lunch in accordance with the travel oolicv.
39
Adopted 12-6-05, Revised
For all travel {local or overnilZhtt there will be no reimbursement for meals
that are included as Dart of the relZistration fee or nrovided with 10dlZinll.
Note: An employee is considered "on-duty" while attending a conference, training program
or workshop during standard working hours. An employee should be aware that their
conduct is governed by and subject to review under all applicable City of Ocoee conduct-
related policies.
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.
7. Registration fees, including meals and other programmed affairs, are
reimbursable upon presentation of receipts. Meals will not be included if
40
Adopted 12-6-05, Revised
the employee has requested per diem. See Section 10.03(B) (9) relating to
per diem.
8. 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 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.
9. Per Diem is an alternative to reimbursement for lodging and meals. A
traveler may receive $50.00 per day which will include lodging and meals
(tips included). Per Diem is allowed only for trips overnight or longer
away from the immediate area. Mileage, tolls and other appropriate
expenses approved by the City Manager shall be reimbursable and must be
accompanied by receipts. No receipts 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
41
Adopted 12-6-05, Revised
completion of the authorized travel.
13. The City will not reimburse for travel, meals or expenses for spouse and
family. Reimbursement is limited to the traveler.
14. While entertainment on behalf of the City, under certain circumstances and
conditions, clearly meets a public purpose, these instances require prior
approval by the City Manager, of the nature, purpose, and anticipated cost
of entertainment, before it is undertaken with public funds. In instances
where prior approval is granted, it is specifically required that the nature of
the entertainment, those present and brief summary of the business
discussed must be provided for inclusion in the Travel Expense Report.
15. When the City agrees to reimburse a job applicant for his/her expenses to
come to an interview (air 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.
10.04 Rental Car Policv
The ouroose of this oolicv is to address lluidelines for the rental of vehicles for City travel
and to establish a contract with one vendor to orovide rental car services at a discounted
orice. Rental car exoenses for valid travel must be aooroved bv the Deoartment Director
onlv when a 0001 vehicle is not available.
A Policv
Vendor: Enterorise Rent-a-Car: locallv. nationallv. and in Canada. the United
Kinlldom. and Germanv. The rates orovided for in the contract are established for
the Central Florida Area. Rellional Rates mav vary. Enterorise shall orovide
insurance coveralle in accordance with the contract and that rate shall be added to
the rental cost. Aoolicable taxes will aoolv outside the State of Florida.
Elillible User: All City Emolovees. orovided the emolovee is elillible to drive a
City vehicle. oer Section 13.17 of the Personnel Rules and Rellulations. Only a
42
Adopted 12-6-05, Revised
City emolovee. who is at least 21 years of aIle. is authorized to drive a rental
vehicle.
Rental of Multiole Vehicles: At the discretion of the Deoartment Director.
multi ole vehicles may be considered necessarv if a !!rouo of emolovees is travelin!!
to the same destination.
Personal Use of Rental Car Contract: City Emolovees (at least 21 years of a!!e) are
eli!!ible to use the City's contract with Enterorise Rent-a-Car for oersonal business.
The same discounted rates will aoolv. However. NO oersonal rental fees.
insurance fees. or taxes should be char!!ed to the City. The emolovee is
resoonsible for his or her own insurance covera!!e of the rental vehicle. The City
shall not be resoonsible for anv reoairs. dama!!es. or billin!! errors associated with
the use of the rental car contract for oersonal business.
B. Procedure
Reservations: Reserve over the Internet throu!!h the link available on the City's
Intranet (under Finance. find "Enterorise"). or reserve bv callin!! a local Enterorise
Rent-a-Car location. It is recommended that a call be made to Enterorise to
confirm oickuo time and location.
Payments: At the discretion of the Deoartment Director. oavments are made when
the vehicle is oicked uo. char!!in!! the emolovee's City Visa Purchasin!! Card or bv
City Purchase Order. Please note that the oerson reservin!! the vehicle must be
ore sent to oav for the vehicle with his or her own ourchasin!! card or ourchase
order. and also must ore sent his or her City J.D.
Personal Pavments: For oersonal use. the emolovee must oav with her own
oersonal credit card. The City Visa Purchasin!! Card shall not be used for
Dersonal rentals. If an emolovee extends his or her City travel for oersonal
reasons. the emolovee shall be resoonsible to oav for the additional rental davs
with his or her own oersonal credit card. The emolovee must make arran!!ements
with Enterorise Rent-a-Car. in advance. if this ootion is exercised.
Accountin!!: Each rental car receiot shall be si!!ned bv the Deoartment Director.
The exoenses for rental cars. reserved for City travel. shall also be included on the
emolovee's travel form. with form ofoavment exoressed.
10.04~ Military Leave
A. Regular employees who are commissioned reserve officers or reserve enlisted
personnel in the United States military or naval services or members of the Florida
State National Guard, shall be entitled to leave of absence from their respective
43
Adopted 12-6-05, Revised
duties without loss of pay, time, or efficiency rating, for such time as they shall be
ordered to military service or field training in an active duty or active duty for
training status, for a period not to exceed seventeen (17) days in anyone annual
period.
B. The employee shall be required to submit an order or statement from the
appropriate military commander as evidence of any such duty. Such order or
statement must accompany the formal request for military leave at least two (2)
weeks in advance, or as soon in advance as possible.
C. Regular employees who are members of the Armed Forces Reserve or Florida
National Guard shall be excused from work without pay to attend inactive duty
training drills as required. Evidence of membership in the applicable organization
shall be provided to the department by the employee. Requests for absences from
work can be made by the employee either orally or in writing. The submission of
the applicable Reserve or National Guard training schedule will satisfy this
requirement. Except upon declaration of civil emergency conditions, if there is a
conflict between departmental scheduling and required military training, the
department will make every effort to excuse the employee from work.
D. Regular employees in the National Guard or a reserve component of the Armed
Forces of the United States will be granted a leave of absence from their respective
positions to perform active military service, the first 30 calendar days of any such
leave of absence to be with full pay. For pay purposes, employees will be treated
as though they were reporting to work during this initial thirty (30) day period.
E. Regular employees in the National Guard or reserve component of the Armed
Forces assigned to active military duty for a period exceeding 30 days will receive
the difference between the employee's total military remuneration and normal City
wages for a period not to exceed five (5) months. The employee's insurances will
be continued for a maximum of five (5) months at no cost to the employee except
for the normal payroll deductions for insurances and dependent coverage.
Employees will not accrue paid time off hours during an absence for active
military service.
F. It is the employee's responsibility to provide their supervisor with documentation
from the military, which states their base pay and allowances.
G. In the event an employee is drafted into military service, the employee will be
eligible for reemployment with the City upon completion of their military
obligation and successful completion of a return to duty physical in accordance
with applicable law.
44
Adopted 12-6-05, Revised
1O.0S~ Familv Medical Leave
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 of unpaid leave (see Section 10.05 I) for the following reasons:
1. The birth of a son/daughter of an employee and to care for the child;
2. The placement of a son or daughter with an employee for adoption or foster
care;
3. In order to care for the employee's spouse, child or parent who has a serious
health condition;
4. A serious health condition which renders the employee unable to perform
the functions of the employee's position.
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. 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.
C. Intermittent Leave
In the case of unpaid leave for a serious health condition, the leave may be taken
intermittently or on a reduced hours basis only if such leave is medically necessary.
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.
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Adopted 12-6-05, Revised
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)
vveeksiftheleaveistaken:
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 leave, 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
46
Adopted 12-6-05, Revised
pay the premium as required by the FMLA will be provided before the
cancellation.
3. Employees will be advised well in advance of any changes in premiums so
they will have ample opportunity to make arrangements to continue to pay
their 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 its portion of health
insurance premiums, unless the employee does not return because of the
presence of a serious health condition which prevents the employee from
performing his or her job or circumstances beyond the control of the
employee.
H. Accrual
During FMLA leave, the FMLA does not require accrual of employment benefits,
such as vacation pay, sick days, seniority, etc. 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. Employment benefits to which an employee may be
entitled on the day on which the FMLA leave begins will not be lost because of
such leave, except for those paid leave days substituted for leave taken under this
policy as described above. 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.
1. Relationshio To Paid Leave
1. Employees will be required to substitute accrued paid time off for an
equivalent portion of FMLA leave.
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 to paid leave. However, under paragraphs (1) and (2) above,
paid leave and the FMLA leave will run concurrently.
3. Leave covered by workers' compensation will run concurrently with FMLA
47
Adopted 12-6-05, Revised
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 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 determinations 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.
N. Emplovee Obligations
During FMLA leave, employees must periodically report on their medical status
48
Adopted 12-6-05, Revised
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.
P. Failure To Cooperate
Employees who fail to provide the information that the City is allowed by law to
require the employee to provide, may have their leave delayed and be subject to
discipline up to and including discharge.
10.0&1 Extended Emplovee Disabilitv Leave
t\; Disabilities caused or contributed to by pregnancy, childbirth or related medical
conditions will be treated the same as disabilities caused or contributed to by other
medical conditions.
IhA. A full-time employee who is unable to work due to bona fide medical reasons,
including pregnancy or childbirth, will may be granted, upon request, an extended
leave of absence without pay for up to twelve (12) ':/eeks and up to an additional
twelve (12) weeks when the reason for the absence is covered by the FMLA and
the FMLA leuye has been exhausted. The employee will be required to submit a
certification form similar to the FMLA form to be considered for this benefit.
These reauests will be considered on a case-bv-case basis in a fair and consistent
manner and must be approved at the sole discretion of the City ManaQ:er.
GB. Except in cases of emergency, the employee will become eligible for such a leave
of absence when the employee's doctor certifies that the employee is unable to
perform duties due to his/her medical condition. The City retains the right to
require the employee to submit to another medical examination at the City's
expense to verify the employee's inability to work and to determine whether an
emergency existed justifying a leave without prior approval. The medical
certification must include information indicatinQ: the employee shall be able to
return to work (full duty) without restrictions by a certain date (within 12 weeks)
otherwise. the employee will not be considered eliQ:ible for this extended leave.
49
Adopted 12-6-05, Revised
I).;C. The employee will utilize any accrued and unused paid time off while out on
extended disability leave. While on the leave of absence, however, an employee
will not accrue any additional paid time off or any other benefit. Employees are
not required to exhaust their paid time off bank before STD or L TD payments
begin under Section 10'()-708.
Ih The employee shall be required to return to work not later than the last day of the
lea'le granted.
f'..:. The employee shall be entitled to return to the job left provided the employee is
physically and mentally able to perform all the functions of the job with or \vithout
reasonable accommodation. The employee must submit a medical release or
statement satisfactory to the City from his/her doctor in order to return to work.
G:- The medical plan insurance shall be continued 'Nhile on extended disability leave
under this subsection, provided the employee pays the employee portion of the
dependent coverage.
.J+.. The extended disability leave shall not exceed twelve (12) 'tvorking '.'leeks.
h The extended disability leave is granted to full time employees only and for their
OVfll personal disability and may not be used fm care of family members. For
medical leave relating to family members Section 10.05 shall apply.
10.0+~ Short and Lon!!: Term Disabilitv
A. The City currently makes available may offer both a short-term (STD) and a long-
term disability (L TD) policy for most full-time employees; however, continuance
or modification of STD and/or L TD is at the option of the City Commission. The
city may offer other alternative benefits than the STD and/or LTD.
B. Requests for STD and L TD should be made with HR. ,^Jl decisions "lith the
eligibility for and payment of benefits are made by the STD and L TD insurance
carrIers.
C. A booklet explaining the STD and L TD policies which are published by the
insurance carrier as '.vell as the STD and L TD policies are available at HR upon
request. To the extent anything set forth in this Section is inconsistent '.'lith the
STD or L TO policies, the policies shall take precedence.
10.082 Personal Leave Without Pay
A. Leave of absence without pay for a permanent employee may be granted for a
period not to exceed six (6) working weeks upon approval by the City Manager.
50
Adopted 12-6-05, Revised
B. If the employee does not return to work, the employee's termination date for all
purposes will be the last day of actual work with the City.
C. Paid time off shall not be earned by an employee for the time the employee is on
leave of absence without pay.
D. All benefit plans provided the employee must be continued while on personal
leave of absence by payment of the employee's portion and the City's portion by
the employee.
E. Personal leave without pay provides leave for other than medical necessity.
10.0910 Emen!:encv Leave Requests
Employees are required to request and have approved time away from work in advance by
the Department Director. On occasions when an emergency arises and the employee is
unable to receive advanced approval from the department to miss a scheduled day of work,
the employee will be required to satisfy the Department Director's inquiry as to the reason
for the absence. Employees, who fail to provide satisfactory reason for the absence, will
be subject to discipline. Employees who abuse this provision and claim excessive
emergencies shall be noticed and subject to disciplinary procedures. Employees, who
have exhausted all of the paid time off accruals, will be expected to report to work on a
regular basis without any reason( s) for absence.
10.11 Domestic Violence Leave
A. ElilZibilitv and Reasons
In accordance with Florida Statute Section 741.313. emolovees who have been
emoloved for more than three (3) months are entitled to three (3) days of Domestic
Violence Leave within a twelve (12) month oeriod. if the emolovee or a member of
the emolovee's familv or household is the victim of domestic violence.
An emolovee's use of Domestic Violence Leave is limited to the followinlZ
activities:
1. to seek an iniunction alZainst domestic violence:
2. to obtain medical care or mental health counselinlZ for the victim of
domestic violence:
3. to obtain services from a victim-services orlZanization:
51
Adopted 12-6-05, Revised
4. to make the emoloyee's home secure from or to escaoe from the oeroetrator
of the domestic violence: or
5. to seek lellal assistance or attend court oroceedinlls related to the domestic
violence.
B. Emoloyee Oblillations and Verification
Exceot in cases of imminent danller. the emoloyee must orovide the Human
Resources Deoartment with advanced notice of the need for Domestic Violence
Leave in comoliance with the City's oolicy. The City mav also reQuire that the
emoloyee orovide documentation of the act of domestic violence for which the
leave is needed.
C. Relationshio To Paid Leave
The City is not reQuired to oay emoloyees durinll Domestic Violence Leave but
will reQuire the emoloyee use any accrued Paid Time Off (PTO) until such leave is
exhausted durinll Domestic Violence Leave.
Due to the sensitive nature of domestic violence issues. the City will keeo confidential all
information relatinll to an emoloyee's Domestic Violence Leave. The City and/or
Deoartment mav not interfere with. restrain. or deny an emolovee' s attemot to exercise any
rillhts orovided by the Domestic Violence Leave law and are further orohibited from
discharllinll. demotinll. susoendinll. retaliatinll allainst. or in any manner discriminatinll
allainst an emoloyee for exercisinll any rillhts orovided bv this law.
Emolovees who have a restraininll order allainst an individual or who may have some
domestic violence oroblems with themselves or a family member should consider
informinll the Human Resources Deoartment. esoecially so that the City assures the
emoloyee receives any benefit or entitlement accordinll to the Florida Statute and this
oolicy.
52
Adopted 12-6-05, Revised
SECTION 11
POSITION CLASSIFICATION PLAN
11.01 Purpose
The Position Classification Plan provides a systematic arrangement and inventory of City
positions. The Plan groups the various positions into job classifications or titles based on
the range of duties, responsibilities, training, knowledge, skills, experience, education and
other job related factors. The City Manager will have the sole authority to revise, amend
and change this Plan, so long as the changes do not increase the overall approved budgeted
amount for salaries.
11.02 Use
The Position Classification Plan will be used to:
A. Prepare job announcements and content in conjunction with the job description.
B. Standardize salaries to be paid for the various job classifications.
C. Establish lines of promotion and career ladders.
D. Provide uniform job terminology.
11.03 Content
The Position Classification Plan consists of:
A. A grouping of job classifications or titles in pay grades based on approximately
equal skill, job knowledge, difficulty and responsibility, and other qualifications.
B. A job classification or title which is used on all personnel, accounting, budget, and
official records.
C. Job descriptions for each job classification or title describing major job functions
and responsibilities, the minimum qualifications, training, knowledge, skills,
experience, educational requirements, illustrative duties, and other job related
considerations for each job. Job descriptions do not, however, attempt to list all
the duties that may be assigned to a particular job classification or employee.
53
Adopted 12-6-05, Revised
11.04 Administration
A. The Director of Human Resources is charged with maintenance and periodic
updating of the Position Classification Plan, under the direction of the City
Manager, so that it will reflect the duties and responsibilities of each job
classification or title and to assist in ensuring their proper placement within the pay
grades of the Pay Plan.
B. When a new position is established, the Director of Human Resources,
coordinating with the responsible Department Director, shall prepare a
recommended job description and recommend its placement in a pay grade in the
Pay Plan for approval of the City Manager.
C. Revised job descriptions may result from:
1. A periodic job audit conducted by the Director of Human Resources.
2. A written request from a Department Director to perform a job audit on a
position within his/her department.
3. A written request from an employee to audit the job classification or title,
which he/she holds.
4. A directive to conduct a job audit from the City Manager.
D. A written request for a job audit from a Department Director or an employee shall
include a completed Job Description Questionnaire, which shall describe in detail
the reason for the request and specifically describe the duties and responsibilities
sought to be added to, deleted from or modified in the then current job description.
E. The Director of Human Resources and his/her staff shall carefully consider the
recommendations of the Department Director in which the job is located or is to be
located, complete the job audit and recommend:
1. Whether the job description shall be changed, and if so, how.
2. Whether a job classification should be reclassified to a different pay grade
based on substantially increased, decreased or modified requirements as to
job duties, responsibilities, skills, experience, educational requirements or
other job related factors.
3. When a reclassification is recommended, a job description for the job to be
reclassified, and the pay grade into which the reclassified job should be
placed.
54
Adopted 12-6-05, Revised
4. An effective date for any change III a job description and/or a
reclassification.
F. The recommendations of the Director of Human Resources shall be submitted to
the City Manager for review and approval, rejection or modification.
11.05 Position Control
All positions in the City are established and maintained through a personnel budget each
fiscal year in accordance with budget and accounting procedures. The establishment of
new or additional positions will be accomplished at the discretion of the City Manager in
accordance with established budgetary constraints.
Adopted 12-6-05, Revised
55
SECTION 12
PAY PLAN & STARTING RATES
12.01 Purpose
The Pay Plan, which is directly related to the Position Classification Plan, is the basis of
compensation for employees and is designed to attempt to reflect:
A. Relative difficulty and responsibility between jobs.
B. Competitive rates of pay for similar types of work in public employment in the
labor market where the City recruits for employees.
C. Economic conditions of the job market area.
D. Economic conditions of and funds available to the City.
E. Financial policies of the City.
F. Other business and operational considerations.
12.02 Content
A. The Pay Plan includes a Salary Schedule for each job classification or title in the
Position Classification Plan.
B. The Pay Plan Salary Schedule includes pay ranges for each pay grade.
12.03 Administration
A. The City Manager shall be responsible for the administration of the Pay Plan.
B. Amendments to the Pay Plan, including the salary schedule and the position
classifications, may be approved by the City Manager for valid business reason~,
including but not limited to a reclassification, change in a job description, to attract
qualified applicants, to provide competitive rates of pay, or for other pertinent
economic, business or operational considerations.
12.04 Startin2: Rates
A. The minimum salary established for a job classification or title is generally the
starting rate for a new employee.
56
Adopted 12-6-05, Revised
B. Starting rates that are 10% or more above the minimum salary must be authorized
by the City Manager if the applicant's training, experience, or other qualifications
are substantially above the minimum required for the position, or for other
legitimate economic or operational reasons. Startim.! rates uo to 10% beyond the
minimum mav be recommended by the Deoartment Director and aooroved bv the
Human Resources Director.
12.05 Performance/Evaluation System Salary Iaereases
A- Employees receive a formal Job Performance Evaluation each year based on their
performance review date.
B During the budgetary process, the City Commission 'will determine whether
employees will be eligible for a merit increase in conjunction v/ith their annual Job
Performance Eyaluation, and, if so, vlhat the eligibility requirements will be and
the formula for determining the amooot of the '.vage increase.
Go The City Manager will be responsible to administer the performance evaluation
system. Any amendments to the system must be approved by the City Manager.
The Human Resources Department will be responsible to make recommendations
for any changes to the present performance evaluation system.
I* In the event that an employee rcceiyes t\VO (2) or more written warnings or any
suspension during the performance evaluation period, the employee shall not be
eligible for a merit increase regardless of whether the employee has an overall
e'laluation of "above operational" or better.
12.06 Pay Upon Promotion
Upon promotion, the employee~ will receive the entry level for the pay grade into which
he/she is promoted or five percent (5%) above his/her rate before the promotion,
whichever is greater or an amount that places the employee within the pay range
comparable to other employees with similar length of service and qualifications subject to
approval by the City Manager. All increases are subject to budgetary constraints.
12.07 Pay Upon Demotion
Upon demotion, the employee's pay shall be set within the range of the pay grade of the
job into which he/she is demoted, and comparable to others with similar length of service.
This new rate shall be determined by the Human Resources Director and aODfoyed by the
City ManalZer.
57
Adopted 12-6-05, Revised
12.08 Temporarv Asshmment Pay
When an employee is temporarily assigned to a position in a higher pay grade, the
employee shall receive a minimum increase of five percent (5%) or entry level into the pay
range of the temporary assignment, whichever is greater. The temporary assignment must
be for a minimum period of five (5) consecutive working days or three (3) consecutive
shifts for Fire Department employees in order to qualify for the higher pay, and once the
threshold is met the employee shall be paid from the first hour of work in the position. In
the case of all other temporary assignments, the employee shall continue to receive his/her
regular rate of pay.
Non-exemot emoloyees temoorarily assilmed to exemot oositions shall no 10nQ:er receive
overtime and other hourly benefits (i.e. on call. call out. etc.) for the duration of the
temoorarv assiQ:nment. as 10nQ: as they are receivinQ: assiQ:nment oay.
12.09 Pay Upon Permanent Transfer
A. When an employee is permanently transferred into another job classification within
the same pay grade, neither the employee's rate of pay nor anniversary dute shall
not be changed.
B. When an employee is permanently transferred to a job classification in a different
pay grade, a transfer into a job in a higher pay grade shall be treated as if it were a
promotion under Section 12.06.
C. When an employee for physical reasons, supported by documentation from a
licensed physician, is permanently transferred to a job classification in a lower pay
grade, which is not as a result of a disciplinary demotion, the employee shall
receive the same pay rate but shall not exceed the maximum in the lower pay
grade.
D. When an employee is permanently transferred to ajob classification in a lower pay
grade, it shall be treated as if it were a demotion under Section 12.07, whether
voluntary or involuntary, except as provided in Section 12.09 (C) above.
12.10 Overtime
Overtime compensation shall be paid in accordance with Section 7.03.
12.11 Standby/Pae:er and Standby Pay
A. Standby assignment is a method of providing coverage for certain City services
during off-duty hours, which includes nights, weekends, holidays, and other off-
duty time. The name and number of employees on standby in each Department
58
Adopted 12-6-05, Revised
must be approved in advance by the City Manager. The Department Director
and/or the City Manager may excuse from or disapprove of the use of a particular
employee for standby for operational reasons. It is essential as well as mandatory
for employees that are assigned to critical operations, as determined by the
Department, are available and able to work standby per the requirements defined in
this Section.
B. Employees assigned to standby shall carry a pager or radiolcell phone for the entire
time period he/she is on standby. Exempt employees may be on Pager Assignment
as directed by the Department Director but shall not receive any additional
compensation.
C. An employee on Standby may be contacted by available telephonic or electronic
communications system, however, the employee still must have his/her beeper at
all times the employee is on standby. The standby employee shall be provided
with an alerting device such as a phone, radio or pager when scheduled as standby.
The standby employee shall carry (or have in immediate proximity) the assigned
alerting device and is responsible for assuring the device is functioning properly.
In the event the device is not functioning properly, the standby employee shall
immediately notify his/her supervisor(s). The standby employee shall be available
to respond to the assigned work site within 30 minutes from notification or 30
minutes to site if standby employee is provided with a service vehicle for call-outs.
The standby employee is not limited to his/her residence.
D. The Department Director will seek volunteers for standby whenever possible,
consistent with equitable distribution of standby assignments, from among those
employees the Director determines to have the skill and ability needed for the work
involved. In the event there is an insufficient number of qualified volunteers, all
employees the Department Director determines are qualified to perform the work
will be required to be on standby under the Departmental Policy on standby unless
excused by the Director on a temporary basis because of a serious personal
problem.
E. In the event any employee who is on standby and fails to respond to a call to work
or cannot resDond, that employee shall forfeit standby pay, and shall mav be
subject to disciplinary action.
F. While an employee is on standby or pager assignment it does not mean the
employee has to stay at home; however, it does mean that the employee must be
within a reasonable response distance to the City, and the employee must respond
to the beeper by phone immediately. The Department Director shall be responsible
for determining appropriate response time.
G. The standby employee shall not consume any mood altering or lmpamnge
59
Adopted 12-6-05, Revised
substances that will affect the employee's ability to perform call-out work or
operate a motor vehicle. In the event any employee who is on standby is found to
be in violation, that employee shall forfeit standby pay, and shall be subject to
disciplinary action, up to and including termination.
H. The method of standby compensation shall be as follows:
1. employees shall be paid $10.00 per day for each day of standby assignment
during normal work days, $15.00 per day during normal days off, and
$20.00 per day during observed holidays.
2. employees scheduled for standby that report off sick for work during the
course of their normal work schedule shall be removed from standby for
each day they report off sick and shall not receive standby pay.
3. employees on vacation shall not be allowed to be on standby assignment or
pager assignment.
4. standby pay is not considered as hours worked for the purpose of overtime
pay eligibility.
5. in the event the employee on standby is called out, the employee will be
paid in accordance with Section 7.06 in addition to the standby pay.
I. Employees on standby may, with prior approval of the Department Director,
arrange a substitute for the entire period of the standby assignment. In the event
of approval by the Department Director, the approved substitute shall receive the
standby pay.
1. Department Directors shall provide the Human Resource Director with a list of the
employee's who actually were on standby, and those who were called in off
standby along with the hours they worked.
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Adopted 12-6-05, Revised
SECTION 13
MISCELLANEOUS POLICIES AND BENEFITS
13.01 Smokinl! Policy
A. Policy
The purpose of this policy is to protect the public health, comfort, and environment
for citizens and employees by creating areas in public places and at public
meetings that are reasonably free from tobacco smoke, and to comply with the
Florida Clean Air Act.
B. Procedure
1. No person may smoke or use any tobacco products (chew, snuff, etc.) in
any City of Ocoee building or facility or vehicle (including pool vehicles).
This includes, but is not limited to, private offices, hallways, rest rooms,
conference rooms and break rooms, even with only one occupant.
2. Tobacco products are permitted outdoors except for the following
conditions:
A. Whenever a safety hazard exists;
B. In any area where smoking is specifically prohibited by Federal,
State, County or City Ordinance;
C. In any area posted "No Smoking."
3. The City Manager shall be responsible for ensuring City-wide
implementation of this policy. Department Directors and supervisors shall
be responsible for uniform implementation of this policy in their respective
work areas, facilities and buildings.
4. Violation of this policy shall subject the employee to disciplinary action up
to and including termination.
5. Citizens, clients, contractors and visitors to City facilities shall be expected
to comply with this policy. Violators shall be requested to extinguish their
smoking material and remove other tobacco products or to leave the
building/facility area if they refuse to do so.
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Adopted 12-6-05, Revised
13.02 Anti-Harassment Policy
A. Purpose
The City of Ocoee will not tolerate any form of harassment, or any such conduct
that has the purpose or effect of interfering with an individual's work performance,
or creating an intimidating, hostile or offensive work environment. It is the intent
of the City of Ocoee to provide a work environment free from verbal, physical and
visual forms of sexual harassment and an environment free of harassment,
discrimination, intimidation, or coercion in any form. All employees are expected
to be sensitive to the individual rights of their co-workers.
Forms of harassment under this policy would include, but are not limited to:
1. Racial slurs, ethnic jokes, sexual remarks;
2. Posting of offensive statements, posters or cartoons, offensive
material downloaded from the internet;
3. Solicitation of sexual favors, unwelcome physical contact, sexually
explicit e-mail communications.
B. Statement of Policy
1. Any employee who believes they have personally experienced or directly
observed an act of harassment should report the incident to their
supervisor/manager immediately. All Suoervisors. Manal!ers andlor
Deoartment Directors are reauired to reoort anv claim or susoicion of any
harassment Me behavior to the Human Resources Director.
2. An employee may skip a level[ s] in the management chain in order to seek
an impartial, uninvolved party with which to lodge their complaint.
Employees may make complaints directly to the Human Resources
Director.
3. SupervisorlManagers or Directors who receive a complaint, or who
personally observe harassing conduct, should inform the Human Resources
Department right away.
4. The City of Ocoee will not in any way retaliate against an individual who
makes a report of harassment; nor will it permit any other employee to do
so. Retaliation is a serious violation of this policy and should be reported
immediately to those persons involved in investigating the initial
complaint.
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Adopted 12-6-05, Revised
5. The Director of Human Resources and his/her designated staff will conduct
an investigation and will be required to report the findings to the City
Manager for further action.
6. The privacy of the employee filing the report and the employee under
investigation shall be respected at all times, consistent with the obligation
to conduct a fair and thorough investigation and in accordance with the
Dublic records law.
7. In the event Human Resources does not establish probable cause or
determines the event did not occur, the parties involved will be notified and
the findings ofthe investigation communicated on a need-to-know basis.
8. Any substantiated intentional act of harassment or proven retaliation in
response to a complaint of harassment, is considered to be a level 2
violation of the City's Discipline Policy and will be dealt with accordingly
by corrective counseling and/or probation, suspension or termination,
depending upon the severity of the violation, and at the sole discretion of
the City Manager.
9. Any employee proven to have falsely accused another employee of an act
of harassment as defined under this policy will be subject to corrective
counseling and/or probation, suspension or termination, depending upon
the severity of the violation, and at the sole discretion of the City Manager.
10. In the case of a proven harassment claim involving an employee of the
City, the City will discipline the offender. Disciplinary action can include
corrective counseling and/or probation, suspension or termination,
depending upon the severity of the violation. Although The City of Ocoee
encourages and expects prompt reporting of harassment claims so that
rapid responses and appropriate actions may be taken, no limited time
frame will be instituted for reporting such claims. The late reporting of a
claim will not in and of itself preclude the City from taking remedial
action.
13.03 Workplace Violence
A. Policy
The City of Ocoee is committed to maintaining a safe environment for all staff and
citizens and will not tolerate any form of workplace violence committed by or
against persons on our premises. Any observed or reported form of workplace
violence will be taken seriously and thoroughly investigated. Any confirmed
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Adopted 12-6-05, Revised
offenders will be dealt with severely according to disciplinary guidelines and
established law enforcement procedures.
1. Workplace violence includes, but is not limited to, the following:
Harassment; stalking; physical violence; the use of weapons of any kind;
the direct or implied threat of physical violence toward any member of the
staff, citizens, visitors or any other persons on the premises of The City of
Ocoee.
2. This list of behaviors, while not inclusive, provides examples of conduct
that is prohibited by this policy:
A. Causing physical injury to another person;
B. Making threatening remarks;
C. Aggressive or hostile behavior that creates a reasonable fear of
injury to another person or subjects another individual to emotional
distress;
D. Intentionally damaging employer property or property of another
employee;
E. Committing acts motivated by, or related to sexual harassment or
domestic violence;
F. Acts of violence toward co-workers outside the workplace:
3. Any potentially dangerous situation must be reported immediately to a
supervisor/manager, the Ocoee Police Department and the Director of
Human Resources. Reports or incidents warranting confidentiality will be
handled appropriately and confidentiality will be maintained to the farthest
extent possible. All Suoervisors. ManaQers and/or Deoartment Directors
are reauired to reoort anv claim or susoicion of anv workolace violence
tvoe behavior to the Human Resources Director.
13.04 Emplovee Trainin2 and Development
It is the responsibility of the City Manager in conjunction with Department Directors and
the Director of Human Resources, to foster and promote in-service training of employees.
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Adopted 12-6-05, Revised
The purpose of this training is to improve the level of service rendered to the public, the
quality of personnel, and to assist employees in preparing themselves for advancement in
City Service. Department Directors in cooperation with the Director of Human Resources
will establish standards for training programs, assure that training is carried out as
approved, and prepare certificates or other forms of recognition to persons who
satisfactorily complete approved courses and programs. The Director of Human
Resources will provide assistance to Department Directors in developing and conducting
training to meet specific needs of their departments and to assure that employee,
supervisory and management training are available to all Departments.
13.05 Performance Evaluation
The City Manager will establish and administer a program for rating the work
performance of employees. The Performance Evaluation system is designed to evaluate
the employee's performance and attitude as accurately and as fairly as is reasonably
possible. The ratings shall be set forth OIl the authorized Persoooel Evaluation forms and
as prescribed by the Perf{)rmance Evaluation Manual adopted by the City. The City
Manager shall approve any redesign, amendments to forms, the manual or any other part
of the performance evaluation system, at the recommendation of the Human Resources
Director.
The evaluator, upon receipt of the employee's e'laluation form from the Human Resources
Office, shall complete the eva-Iuation aHd give a copy to the employee at least ten (10)
working days prior to the employee's ar.niversary date. The employee shall be entitled to
respond to the evaluation '.vithin five (5) working days of receipt of a copy from the
evaluator. The overall performance rating shaH be used to impro'le productivity and other
rating factors, to determine the desirability of a performance increase if and as approved
by the City Commission based on budgetary constraints, and as a factor in arriving at
promotions and other job actions deemed appropriate.
13.06 GrouD Insurance Benefits
A. The City provides group medical, dental, vision and life insurance protection for
its employees who are classified as full-time. All benefits provided, coverages,
and employee premium contributions are determined during each annual budget.
Benefits provided are explained at the time of employment. A booklet describing
eligibility, benefits, dependent coverage, employee premium contributions,
coverages and all other questions are available for all employees in the Human
Resources Office.
B. These forms of insurance are available for the dependents of eligible employees
but they must pay all or a portion of the premium for dependent coverage through
payroll deductions, which shall be determined during each annual budget. Details
of the employee premium costs for dependent coverage are available in the Human
65
Adopted 12-6-05, Revised
Resources Office.
C. The City provides or makes available short and long-term disability insurance for
employees as provided in Section 10.G.'708.
D. Employees must notify the Human Resources Office within thirty (30) days if they
changed their marital or dependent status so that the steps necessary to change
insurance coverage may be completed.
E. Notification of any change of status is the employee's responsibility.
F. Permanent part-time employees who work a 12 month a year schedule and work
twenty-five or more hours per week (normally) are eligible to purchase health
insurance at their own expense. No portion of this benefit will be paid for by the
city. Temporary and seasonal employees will not be eligible for this benefit. The
City retains the right to charge a rate deemed appropriate by the City and may stop
this benefit at anytime.
13.07 Deductions
Federal Withholding, Social Security and Pension contributions are deducted from
paychecks in accordance with law and City ordinance. Voluntary deductions authorized
by the City Manager, are made only upon written authorization of the employee and
approval by the Human Resource and Finance Departments.
13.08 Pension Plan
The City provides Pension Plans for all eligible and qualifying employees. Details of the
plan are maintained in the Human Resources Office and with each Pension Board
Representative and available to all covered employees. All questions concerning
pensions are to be directed to the respective Pension Boards. Police and Fire Department
employees are covered by one pIan (City Ordinance 97-28) and all other employees by
another Plan (City Ordinance 97-27).
13.09 Auto Allowance
The L^~ssistant City Manager and Department Directors Positions covered by Section
1.02D(2) shall receive an auto allowance from the City in an amount to be determined by
the City Manager but not to exceed $300 per month or will be eligible for a take home
vehicle.
13.10 Take Home Vehicle Policv
A. Puroose
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Adopted 12-6-05, Revised
To nrovide Q:uidelines for the imolementation and manaQ:ement of take home
vehicle olano
B. Policy
The City of Ocoee has instituted this take-home vehicle nroQ:ram for manaQ:ement
members of the City. This oroQ:ram will assist in nrovidinQ: the communitv with a
more visual oresence in their neiQ:hborhoods.
A secondarv benefit of the take-home vehicle nroQ:ram will be decreased ooeratinQ:
and maintenance costs to the City of Ocoee for the fleet. Vehicles will also be
maintained in a cleaner. more orofessional manner as the individual emoloyees are
directly resoonsible for the vehicle's care.
The orooer use and care of vehicles assiQ:ned to emoloyees is critical to the
effectiveness by which service is delivered to the oublic. ThrouQ:h orooer use and
efficiency of ooeration reduced ooeratinQ: costs results.
C. Procedure
L The vehicle may be ooerated only by authorized emolovees. The City
ManaQ:er or desiQ:nee( s) may oermit vehicles outside the city limits of
Ocoee uoon aonrovaL in writinQ:. This includes any schools to be attended
by deoartment members.
2. The oersonal use of take home vehicles shall be Q:enerally restricted to the
city limits of Ocoee.
3. Personal use of the take home vehicle shall be authorized for reasonable
oersonal transoortation.
4. When ooeratinQ: a take home vehicle off-duty. the emolovee shall have
eauioment mandated bv the aooronriate standard ooeratinQ: nrocedure.
available within the vehicle to oerform ememency ooerations.
5. Take home vehicles shall not be used in oersonal emoloyment or unofficial
business oursuits (i.e. deliverinQ: oizza. etc.). The vehicles mav be used to
drive to and from other emoloyment.
6. All off dutv staff shall exercise Q:ood iudQ:ment in ooeratinQ: and utilizinQ: 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 neQ:atively or
reflect discredit on or to the City of Ocoee ( examole: ParkinQ: in a fire lane
67
Adopted 12-6-05, Revised
or other restricted areas that the lleneral public are not allowed to park).
7. Staff shall be held responsible for the oroper appearance and conduct of all
passenllers.
8. While on duty. passenllers shall be restricted to official business or subiect
to the reauirements of the ride-alonll orollram.
9. Off-duty staff are orohibited from operatinll any take home vehicle if they
have been takinll restrictive ore scription medicine. are under the influence
of any intoxicant or have a detectable blood alcohol level. Employees who
have consumed alcohol are orohibited from operatinll any city owned
vehicle. The standard for on-duty staff is zero tolerance.
m Staff must be dressed in an aporooriate manner when operatinll the vehicle.
Attire should be sensible in nature and not cause embarrassment to the
departments (e.ll.. cut off shorts. short shorts. halter tops. tank tops. etc.).
Shirts and shoes must be worn at all times.
1L The assillned 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. Take home vehicles shall not be parked on the public street when at the
assillned employee's residence. Employees shall park their assillned
vehicle in the driveway of the residence. The only exception is unless this
type of parkinll is unavailable such as at apartment complexes.
D. Vehicle Care and Maintenance
L Emolovees assillned take home vehicles shall be responsible for the
appearance and maintenance of the vehicle.
2. Authorized drivers of take home vehicles shall be covered by the insurance
policy of the City of Ocoee anytime thev are operatinll their vehicle in
accordance with applicable departmental and city policies and orocedures.
3. All take home vehicles shall be maintained in a clean and professional
appearance by the assillned employee.
4. The Departments will provide all fuel for its vehicles as well as the cost of
maintenance and repairs. Staff will be responsible for fuelinll orior to
lloinll off duty. except in case of emerllenCy.
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Adopted 12-6-05, Revised
5. If reDairs on anv vehicle reauire the vehicle to be dead lined and keDt at any
shoD. the deDartment will not issue another vehicle for take home use. The
effected emDlovee will utilize a Dool vehicle.
6. Dailv routine maintenance Derformed bv the emDlovee shall be limited to:
A. Check emdne oil level and (if necessarv) add emdne oil to the
crankcase.
B. Check radiator water level and (if necessarv) add water andlor anti-
freeze to radiator.
C. Check Dower steerinl! fluid level and (if necessarv) add fluid to the
Dower steerinl! unit.
D. Check brake fluid level and (if necessarv) add brake fluid to the
master cylinder.
E. Check tire wear and DroDer tire nressure.
13.Wll UnemDlovment ComDensation
The City is registered with the State of Florida Bureau of Unemployment Compensation.
Terminated employees who file a claim and are determined qualified under the Florida
Unemployment Compensation Law will be eligible to receive unemployment
compensation benefits. An explanation is available of employee's rights and
responsibilities through the Human Resources Office. Any correspondence received by the
employees regarding unemployment compensation must be forwarded to the Human
Resources Office immediately upon receipt.
13.1112 Workers' ComDensation
The City has Workers' Compensation Insurance for all employees injured on the job.
A. Payment of Workers' Compensation to all employees, who are disabled because of
an injury arising out of and in the course of performing their duties with the City,
will be governed by the Florida State Workers' Compensation Law.
B. If injured on the job an employee will only receive the compensation as determined
and set by the Florida State Workers' Compensation Law.
C. Full-time employees may use accrued paid time off to supplement worker's
compensation to the extent that the employee's total compensation from all
sources, including but not limited to worker's compensation, LTD or STD, does
69
Adopted 12-6-05, Revised
not exceed their straight time weekly earnings.
D.
(1)
Employees out on Workers' Compensation will not earn Paid Time Off
through duration of absence unless approved by the City Manager.
(2) Paid Time Off may not be used while out on Workers' Compensation
except as allowed, if at all, under Section 13.11, C.
(3) Group Life & Hospitalization coverage or any other payroll deduction
authorized by the employee must be paid by the employee while out on
Workers' Compensation except to the extent the absence is covered by the
FMLA.
E. In the event an employee has failed to advise the attending physicians of other
injuries reported under Workers' Compensation, whether injuries were sustained
while employed by the City of Ocoee or sustained prior to employment with the
City of Ocoee or any pre-existing conditions, the employee shall be subject to
immediate termination.
F. Employees who sustain an on the job injury or illness may be required by the City
to work in any position for which the City deems them qualified with or without
reasonable accommodation at the rate of pay determined by the City in accordance
with Section 12. Refusal of an employee to work when assigned to do so under
this Section shall subject the employee to termination.
13.Yll Death
All compensation, accrued leave and benefits due to the employee as of the effective date
of death shall be paid to the surviving beneficiary, or to the estate of the employee as
determined by law or by executed forms in the employee's personnel folder.
13.1314 Education Incentive Pro2;ram
The City may authorize reimbursements for tuition and books for courses subject to
budgetary constraints 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.
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Adopted 12-6-05, Revised
C. Requirements to obtain these benefits are:
1. Full time employment with the City at least one year before employee can
apply.
2. The educational training can be at the high school, post high school, and
adult educational levels.
3. No more than two courses per quarter or semester (or equivalent period of
time) may be taken unless permission is obtained from the Education
Committee.
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 may request advanced payment for tuition. In order to be
eligible for an advancement the employee must comply with the
requirements established by the Education Committee, otherwise the
employee shall be reimbursed the costs after completion of the course, if
eligible. Employees appro';ed for reimbursement must submit paid receipts
within two (2) weeks of beginning the course. Employees are encouraged
to purchase used books. It is the responsibility of the employee to return
the books back to the school, obtain a receipt and money immediately upon
completion of the class, and return the receipt and money back to the
Human Resources Department for proper credit. Employees who desire to
retain the class books shall reimburse the City for their cost. Advanced
oavment for tuition may be considered in certain hardshio situations.
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Adopted 12-6-05, Revised
8. Employees are encouraged to attend any accredited Florida College or
University; however, tuition reimbursement shall be paid at the public
College or University tuition rate. Employees shall not be reimbursed for
books. mileage or personal expenses. Other expenses such as fees for on-
line courses and other related expenses shall not be paid.
9. 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. Employees receiving a grade of C or better or in a passlfail course, a
"pass" grade shall receive reimbursement.
B. Employees receiving a grade below a C or who fail a pass/fail
course shall not receive any reimbursement.
C. Employees who drop a class shall not receive any reimbursement.
10. 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 separation, subject only to applicable law.
D. The City will attempt to rearrange work schedules for classes if it does not
interrupt the normal work flow.
E. 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.
~ Employees shall not receive reimbursement for books or other equipment
required of the class. The costs shall be the responsibility of the employee.
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Adopted 12-6-05, Revised
t41ill The school must be certified as a legitimate degree institution by the State
of Florida Southern Association of Collel!es and Schools. The Human
Resources Department will have this information available for employees
to review within the Human Resource Department.
Will All conditions must be followed under Section C(9).
13.t41S Dress and ADDearance
No attempt is made to set specific standards for dress and appearance. The important
factor is the overall impression created. That which is appropriate for employees in one
department may not be appropriate for another. Work clothes and uniforms provided for
many departments generally set the standard for their functions. Personal appearance
standards may be established by departmental rules or standard operating procedures.
However, all employees will wear clean and undamaged clothes and be clean and neat in
appearance. Employees shall not wear clothes, shoes or accessories in a condition
determined to interfere with efficient operation of the City or which may create a safety
concern as determined by the Department Director.
13.1SM Uniforms
A. The employees in specified classifications shall be issued standard uniforms and
safety items. Payment for purchasing uniforms is controlled by separate Policy.
B. Procedure for issuance of uniforms and safety items provided for the employee by
the City shall be governed by departmental operating procedures in accordance
with the Uniform Receipt and Request forms signed by the employee.
13.M17 Lockers. Desks & File Cabinets or Other Citv EauiDment
A. Employees may request a locker if available.
B. Employees must provide locks for lockers.
C. Lockers, desks & file cabinets or any other equipment used by the employee is the
property of the City and a Department Director or Supervisor shall have the right
to access this equipment in the presence of the employee at any time for any
legitimate reason.
D. In the event the employee is unavailable and it is deemed necessary to access the
locker, desk, file cabinet or other equipment the Department Director must request
authority to access same from the City Manager, stating the reason for access. The
City Manager shall make the determination if the request is for a legitimate reason
and shall be the final authority.
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Adopted 12-6-05, Revised
E. In the event the employee is unavailable at any time for any reason the City
Manager shall have the authority to have locks removed from lockers, desks or
file cabinets or any other equipment used by the employee for the purpose of
access.
13.t-+18. Return of Citv Propertv
At the time of separation and prior to receiving final monies due, all records, books,
assets, uniforms, keys, tools, and other items of City property in the employee's custody,
shall be transferred to the Department and certification to this effect shall be by the
Department Director. Any monies due the City because of any shortages shall be collected
through appropriate action.
13.1819 Furloue:h of Emplovees (Reduction of Work Hours)
In the event of budgetary constraints within any specified fiscal year, the City Manager
shall have the authority to furlough employees. The City Manager shall determine which
positions shall be subject to the furlough period.
13.t9211 DUI. DWI Arrests. Criminal Convictions and Movine: Traffic Violations
Anv emolovee convicted of any criminal activity shall reoort the conviction to his/her
Deoartment Director within three davs of the conviction. Any emoloyee failim! to reoort
the same shall be considered insubordinate.
Any emoloyee who is required to drive a vehicle for the City or may drive a vehicle in the
oerformance of their duties must advise their Deoartment Director immediately of any
arrest for DUL DWI and/or anv other movinl! traffic violations.
Uoon any conviction for the above Me offenses. the emoloyee is required to reoort that
conviction immediatelv to the Deoartment Director. Anv emolovee failinl! to comolv with
the above shall be considered as insubordinate and the consequences would include
termination of emolovment.
The saf-ety and health of all City employees and residents and the public in general is of
utmost importance to the City of Ocoee. Such concerns include attempting to ensure that
employees who driye yehieles on the public roads, streets, and high\vays as part of their
job maintain safe driving records and habits eonsistent with the City's mission of
conducting safe and efficient City business, and to ensure the ability of the City to
maintain acceptable insurance protection at reasonable costs.
A: Application
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Adopted 12-6-05, Revised
The follov/ing policy shall apply to all City employees covered by the City
Personnel Rules & Regulations in any driving capacity, v.hich is defined as a job in
the performance of 'Nhich the employee drives a vehicle on the public street, roads
or highv/ays.
In order to ensure that all employees are ad','ised as to what is expected of them in
these areas, this policy defines DUI, DWI and moving traffic '/iolations as same
relate to demotion and discharge under Section 15 of the City Personnel Rules &
Regulations.
B-:- DUI/D WI
-h An employee charged with DUI or DWI offense shall be suspended from
his/her dri','ing job pending an in';estigation and/or the resolution of the
charge or charges. The suspension will be without pay, except the City
Manager, at his/her option, and with the Department Director's
recommendation, may elect to transfer the employee to a vacant non
driving position which the employee is qualified to perform at the non
driving position rate of pay.
;h In accordance with Section 15.01, the Department Director may elect to
proceed to investigate the charges and take the appropriate disciplinary
action.
~ Applicants who have two or more DUI or DWI convictions should not be
considered for driving positions.
Go Moying Violations
-h The official Florida State driying record of all employees under F.S.
Section 322 shall be reviewed by the City from time to time.
;h Employees are obligated to inform the City of any Drivers License
suspension or revocation for any reason. Employees whose job description
requires a valid Driver's License shall maintain a valid Florida Drivers
License. Failure to do so 'Hill result in disciplinary action. Employees in
driving positions who have suspensions or revocation are considered
unqualified for that position and may be reassigned to a non dri'.'ing
position or terminated if no vacancy exists.
13.1()21 Information Systems Usae:e Policy
Purpose
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Adopted 12-6-05, Revised
The purpose of this Information Systems Policy is to establish and communicate the rules
and processes regarding all of the City of Ocoee's technology including data and
communication systems. As these systems become critical resources to staff who are
serving the community, it is vital that a mutually agreed upon system be in place to
guarantee their reliability.
The City relies on its data and communications systems to effectively provide services to
the citizens. Therefore, handling all issues regarding data and communications in a
systematic and manageable way provides the City a means for ensuring the reliability of
these systems. Ultimately, this results in a small amount of system unavailability.
This policy manual is a guide to the proper methods of dealing with the City's data and
communication systems and shall be considered the adopted policy of the City. This
document replaces all existing Information Systems Policies & Procedures and all City
Manager directives used to amend such documents. Following this policy provides the
City an effective way to manage its data and communications systems. Therefore, all
users of the City's systems must familiarize themselves with these processes.
A. Usage
h Business Use
The City, through Information Systems, may provide City employees with
computing systems, personal digital assistants, pagers, telephones, cell
phones, other electronic devices, and corresponding software. Personal and
other non-City related usage of the City's assets is permitted at the
discretion of the employee's supervisor, Director, City Manager, or
applicable laws. Usage of these City assets may not include any
commercial nor political purposes. Additionally, the City prohibits all non-
City use of assets when it produces an undue burden on the device or other
systems and networks within or connected to the City, interferes with work
performance of the employee or other City Staff, or reduces the
equipment's life expectancy. Usage causing such an undue burden as
determined by Information Systems is cause to take possession of the
device or disconnect it from the network.
;h Legal Compliancc
Usage of City assets must follO'ov all applicablc fcderal, statc, and local
lav/s. This includes license, copyright, v/iretapping, and other laws
governing intellcctual property. Users of City assets are responsible for
ensuring compliance with these laws, including Florida's public record
rctcntion and computcr usage lav/s.
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Adopted 12-6-05, Revised
J-: Etiquette
Users of City assets must also follovl general etiquette guidelines. This
includes, but is not limited to, prohibiting the use of city equipment to
create, view, or send any material that is fraudulent, harassing,
embarrassing, indecent, profane, obscene, intimidating, or othenvise
unlawful.
~ Security
The ability to read, copy, or alter another user's data or system does not
imply permission to do so. Users of City assets ha'le no rights to access,
copy, distribute, move, edit, delete, or prevent access to data, systems, or
IDs without prior permission from the owning party or Information
Systems. The City also prohibits all hacking, cracking, or other attempts to
bypass, alter, or disable security.
Ih Ownership
f..ll hard'.'lare and software acquired for or on behalf of the City or
developed by City employees, elected officials, or contract personnel on
behalf of the City; is and shall be deemed City property. The City shall
retain o',vnership of all such intellectual property, code, ideas, patents,
discoveries, and other creations even after separation of employment by the
creator or acquisitioner. The City may choose to sell or license such
property and shall retain all profits received there from. Employees
involved in the creation of such property shall ha'/e no rights to reuse or
sell such property outside the City \vithout the City's written consent.
~ Maintenance
h Inf-ormation Systems Responsibility
Maintenance of all computing and phone equipment shall be the
responsibility of the Information Systems Department unless excluded in
writing by the Information Systems Director. Therefore, only staff
authorized by the Information Systems Director may install, move, or
delete any connections, equipment, or soft'Nare from such devices
maintained by Information Systems.
;h Customization
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Adopted 12-6-05, Revised
Unless otherwise stated in \\Titing by the Information Systems Director,
users may customize non critical aspects of their devices. This includes the
desktop backgroood, color schemes, and icon placement.
D:- Mobile Devices
-h }..ccountability
.\ll users of equipment and software not located in a City o'.vned building
or all mobile de'/ices such as, but not limited to, laptop computers, personal
digital assistants, cell phones, pagers, and projectors; must sign an
Acknowledgement of Receipt form before being assigned or recei'.'ing
permission to use such devices. If the use is for a short time, this form
shall be filed with the department director or his designee responsible for
the equipment. If the mobile device is assigned to the individual or being
used for an extended period of time, then the form shall be filed in the
employee's personnel folder in the Human Resources Department.
~ ReimblH'sement
The employee assigned a mobile device is financially responsible for the
loss or damage beyond repair of the device due to negligence as determined
by the employee's Direetor, Inf-ormation Systems Director, or City
Manager. .^..n employee who fails to reimburse the City for such loss or
damage may be disciplined up to and including termination.
J.. Portability
By signing the Acknowledgement of Receipt form, a user is granted 'written
permission by the City to carry the mobile de'/ice U'.'fay from the desk.
'.Vhile the device may be carried off City property, it is still a City asset and
the user is bound by all City policies regarding such assets.
Ih PlH'chasing
Information Systems must approve all non consumable computer and
communications related purchases before proclH'ement. This ensures the
compatibility with existing and planned equipment and software as well as
ensuring it meets the Information Systems Strategic Plan.
Ji-;. LicenslH'e
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Adopted 12-6-05, Revised
Information Systems shall maintain and enforce all communications and computer
related licensing agreements. No software or hard'Nare may be installed on or
attached to a City asset v/ithout approyal from Information Systems, thereby
enabling Information Systems to maintain an accurate inyentory of all such
licenses and their associated equipment. No duplication of copyrighted softv/are,
except by Information Systems for legal archival purposes, is allowed.
Go Standards
Information Systems shall maintain a list of standard communications and
computer related items. Such items shall be fully supported by Information
Systems. This includes installation, maintenance, support, and training.
.^..cquisition of non standard items requires \\'Iitten approval from the Information
Systems Director and all support and training is the responsibility of the
department requesting the purchase.
.}4.; Internet
h Access
All City employees may ha'/e Internet access from City issued computers,
unless Information Systems receives a written request from an employee's
department Director or the City Manager denying such access.
b Bandwidth
Bandwidth, both within the City and connections to outside networks (e.g.
Orange COWlty and the Internet), is a shared and finite resource. Users must
make reasonable efforts to use this resource in ways that do not negatively
aff-ect other employees. As a defense, Information Syst-ems shall limit or
remo'/e Internet access from any individual that places an Wldue strain on
the City's Internet resources.
~ Copyrights
Information on the Internet may be patented, trademarked, or copyrighted.
All users vo'ith Internet access must abide by all lav/s regarding the use of
patented, trademarked, and copyrighted material.
B. Warnim!
h E mail
Adopted 12-6-05, Revised
79
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 SYSTEM IS
PROTECTED FROM A PUBLIC RECORDS REOUEST.
FURTHERMORE. THE CITY SHALL REVIEW USAGE OF THE
SYSTEM IF THE NEED ARISES TO PERFORM SUCH ACTION. AT
ANYTIME.
J-: Security
h Responsibility
Users are responsible for all activity performed from their accounts.
Department Directors are responsible for proyiding Information Systems
any written documentation regarding legal requirements for securing their
systems and data. Information Systems is responsible for implementing
such security meaSUi'es to meet all ""Titten legal, policy, and procedUi'al
requirements.
;h Pass\vords
Password f..ttributes
To increase secUi'ity, all pass'.vords shall comply with strict rules. This
includes:
A: Pass'.vords will expire every ninety days.
B:- Passwords shall contain at least five characters, of which one
should be a number.
G:- Users shall not reuse their last nine pass'Nords.
J+.. Passwords will automatically be disabled for fifteen minutes after
three invalid login attempts.
Password SecUi'ity
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Adopted 12-6-05, Revised
To secun;, passv/ords, o';mers may not:
A Write a password in public view
-B-: Share a password with anyone
G- /\sk for another user's pass'.vord
.J:+.. Save a password in plain 'lie'.', or v,ithin easy access
B-:- Enable automatic login to include user ID and pass'Nord
F-:- Keep a compromised password
:3-:- Virus Protection
Information Systems shall pro'lide 'lirus protection for all supported City
computers. Failure to comply or disabling the virus protection is
considered a security violation and the employee may be disciplined up to
and including termination.
K-:C. Privacy
The City provides no rights or guarantees to privacy when using City equipment,
except where required by law. This includes personal and City related information
(i.e. e-mails and files) created, viewed, or stored on City computer systems.
1. Supervisor access
The City Manager, department Directors, and supervisors ha'le the right,
may authorize the Human Resources Director to. except where prohibited
by applicable law, te access all systems and information viewed, created or
stored by personnel or equipment assigned to their authority. Such access
includes, but is not limited to creating and storing backups of data and
e-mails, providing copies for public records requests, review for
compliance with this policy, and accessing data necessary to complete a
departmental function.
;;h Information Systems access
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Adopted 12-6-05, Revised
Inf-ormation Systems has the right, except where prohibited by applicable
la"l, to access all equipment, communications, data, and actiyity involying
City equipment. Such access includes but is not limited to creating and
storing backups of data and e mails, monitoring usage for capacity
planning, logging activity, providing copies for public records requests,
re'/ie'vv for compliance with this policy, ensuring compliance with
applicable liceflsing and copyright laws, protecting system integrity,
mailltaining softvlare and equipment, and performing system and software
upgrades.
hD. Communications Devices
Service Charges
1. Personal Calls
Personal communication that results in a fee to the City is prohibited,
unless specifically allowed in the City's Travel Policy or for an emergency.
This includes, but is not limited to, international, long distance, local toll,
premium services (500, 700, 900, 976, etc.), collect, calling features, 411,
operator assistance, and overage charges. Additionally, service plans may
not be changed to include more minutes, if a large amount of the calls made
were personal. Upon having a fee charged to the City, the employee shall
immediately submit a Telecommunications Reimbursement Form and
reimburse the City for all such fees as outlined on the form. Employees
who do not submit a Telecommunications Reimbursement Form for their
emergency call or those employees who make a non emergency call shall
receiye a Group I disciplinary action as stated in the City's Personnel Rules
and Regulations. Continued violations of this section \vill result in
canceling the service, removing the equipment, or prohibiting the employee
from using the equipment.
;h Business Calls
City related local calls are permitted within the limits of the selected
service plan. International, long distance and local toll calls are permitted
provided the City's long distance carrier is used. Fees from calling
features, 111, collect, and oyerage charges should be avoided unless
absolutely necessary. Use of premium services and operator assistance is
strictly prohibited \vithout 'Nritten authorization from the Department
Director or City Manager. The employee shall reimburse the City for any
fees charged to the City for such calls along with receiving a Group I
disciplinary action as stated in the City's Personnel Rules and Regulations.
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Adopted 12-6-05, Revised
Continued 'o'iolations of this section 'Nill result in canceling the service,
remoying the equipment, or prohibiting the employee from using the
equipment.
~E. Cell phone
Use of cell phones by City staff shall comply with all federal, state, and local laws.
Additionally, without the use of a hands-free adapter or speakerphone, no City
Vehicle mav be driven nor shall any City business be conducted while using a cell
phone when driving a City vehicle. No one may reeeiye a City issued cell phone
'Nithout a hands free adapter. Inf-ormation Systems shall list a hands free adapter
as standard equipment with all cell phones.
NF. Violations and Penalties
Penalties for violation of policies listed in this document will vary depending upon
the severity of the infraction. Any employee that violates these policies shall be
subject to disciplinary action as stated in Section 15 of the Personnel Rilles and
Regulations, including, but not limited to, warning, suspension, or termination.
Employees may also face prosecution for violation of all applicable federal, state,
and local laws. Violators may also be denied support services from Information
Systems as well as authorization to use the City asset.
Note: The above policy may be amended by recommendation of the Information Systems
Director and approval of the City Manager. Furthermore, Department Directors must avail
themselves and their employees of the details regarding the LS. "Procedures" involving
the rules and processes of the data and communication systems for the City of Ocoee.
These Procedures are located on the intranet portal.
13.2122 Dru2: & Alcohol Free Workplace
A. Purpose:
This policy establishes the City of Ocoee's guidelines for a drug and alcohol free
workplace, drug testing and the procedures under which drug testing shall be
conducted.
B. Policv:
The City of Ocoee is committed to providing a safe, efficient and productive work
environment for all employees and encourages personal health. It is the policy of
the City of Ocoee, Florida to ensure that its workplaces and premises are free of
illegal drugs and alcohol by prohibiting the use, possession, purchase, distribution,
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Adopted 12-6-05, Revised
sale or presence in the body system of illegal drugs or alcohol, or the abuse of legal
drugs by its employees.
This policy is applicable while employees are engaged in any work-related activity,
regardless of location, which includes performance of City business during
regularly scheduled or off-schedule work hours, meal breaks and/or attendance at
outside social functions having a connection with work or the representation of the
government.
The unlawful possession, use, manufacture or distribution of illegal drugs; the
abuse of any legal drug; the reporting to work under the influence of an illegal drug
or alcohol; reporting to work or working while impaired by the use of a legal drug;
the presence of an illegal drug or alcohol in the body system; and possession of
drug paraphernalia are all prohibited in the workplace and on the premises.
Employees who are found to be in violation of the provisions of this policy shall be
subject to disciplinary action, up to and including termination.
1. Definitions for purpose of this policy:
A. Applicant - An external job candidate who may be offered initial
employment and is subject to a pre-employment drug test; or an
internal job candidate who may be offered a new position where a
drug test may be required.
B. Commercial Driver's License rCDq - City employees, contracted
drivers or applicants for vacant positions who operate a commercial
vehicle for the City are required to possess and maintain a CDL
license.
C. Commercial Motor Vehicle rCMVl - A motor vehicle or
combination of motor vehicles used to transport passengers or
property if the motor vehicle:
1. Has a gross vehicle weight of26,001 or more pounds;
2. Has a gross combined weight of 26,001 or more pounds
inclusive of a towed unit with a gross vehicle weight rating
of more than 10,000 pounds;
3. Is designed to transport sixteen (16) or more passengers,
including the driver; or
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Adopted 12-6-05, Revised
I
Adopted 12-6-05, Revised
4. Transports hazardous materials requiring the vehicle to be
placarded.
D. Drug - Alcohol, including distilled spirits, wine, malt beverages
and intoxicating liquors, amphetamines, cannaboids, cocaine,
phencyclidine [PCP], hallucinogens, methaqualone, opiates,
barbiturates, benzodiazepines, synthetic narcotics, designer drugs or
a metabolite of any of the above substances.
E. Illegal Drug or other controlled substance - Any drug or substance
that is not legally obtainable; or is legally obtainable but has not
been lawfully obtained; or has been legally obtained, but is being
sold or distributed unlawfully.
F. Legal Drug - Any drug, including prescription and non-prescription
over-the-counter drugs, that has been legally obtained and that is
not unlawfully sold or distributed. Nothing in this policy is
intended to prohibit personnel from taking prescribed
medication. However, employees are prohibited from reporting
to work or remaining on the job after taking any drug that
impairs their ability to perform their job in a safe and efficient
manner. Employees who are required to use legal drugs are
responsible for contacting their physician to determine if use of
the drug while working is a violation of the provisions of this
policy.
G. Abuse of any Legal Drug - The use of any legal drug for any
purpose other than the purpose for which it was prescribed or
manufactured; or in a quantity, frequency or manner that is contrary
to the instructions or recommendations of the prescribing physician
or manufacturer.
H. Possession - An employee is considered in possession of a
substance that is found on their person or otherwise under their
control.
1. Reasonable Suspicion - A suspicion that is based on a belief
derived from objective, clear and demonstrative evidence,
observable behavior [which can include manner, disposition,
muscular movement, appearance, speech or breath odor] or other
facts provided to management by an employee, law enforcement
official, security personnel or other persons believed to be reliable;
or that is based on other surrounding circumstances.
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Adopted 12-6-05, Revised
J. Drug Test - Any chemical, biological or physical instrumental
analysis administered for the purpose of determining the presence
or absence of a drug or its metabolite.
1. First Test: The initial drug test, which is a sensitive, rapid
and reliable procedure to identify negative and presumptive
positive specimens.
2. Confirmation Test: Second analytical procedure used to
identify the presence of a specific drug or metabolite in a
specImen.
3. Random Test: A Random drug test is a sensitive, rapid and
reliable procedure to identify negative and presumptive
positive specimens for Safety-Sensitive Positions.
4. Reasonable Suspicion Test: The drug test of an employee
for the presence of drugs based on a belief derived from
objective, clear and demonstrative evidence, observable
behavior or other facts that an employee is using, or has
used drugs in violation of this policy, or other applicable
government policies.
K. Human Resources Compliance Officer - The City employee or
approved contracted facility responsible for conducting drug testing
and receiving laboratory results generated by the City's drug-testing
program.
L. Refusal to Submit - to an alcohol or controlled-substance drug test
is implied when:
1. Any applicant/employee expressly declines drug screening,
or engages in conduct that clearly obstructs the screening
process.
2. Any applicant/employee fails to appear for drug screening
after proper notification.
3. Any applicant/employee fails to provide adequate
urine/saliva for testing without a valid medical reason.
M. Safety-Sensitive Position - A safety-sensitive position can be
defined as, but is not limited to:
86
1. A position in which the employee is required to possess and
maintain a valid commercial driver's license [CDL] or to
operate a commercial motor vehicle [CMV], an emergency
vehicle or dangerous equipment or machinery.
2. A position in which the employee possesses law
enforcement powers or is required or permitted to carry a
firearm while on duty, or is state certified as a Firefighter,
Paramedic or Emergency Medical Technician.
3. A position in which the employee, on a regular basis,
provides direct healthcare services to other persons.
4. A position in which the employee has regular, unsupervised
access and direct contact with minor children or the elderly.
5. A position in which the employee has unsupervised access
to controlled substances.
6. A position in which the employee is responsible for
handling or using hazardous or explosive materials.
C. Procedure:
The City of Ocoee Florida observes the following processes and procedures in
order to operate under its Drug & Alcohol Free Workplace Policy, and provides for
drug testing under the following conditions:
1. Pre-Employment - Any external job applicant offered initial employment
for a safety-sensitive position shall receive a pre-employment drug
screening prior to their start date.
2. New Position - Any internal job applicant offered a new position where a
drug screen is required prior to their new position start date. Any employee
stepping into an established Safety-Sensitive Position will be required to
pass a drug screen prior to assuming their new role.
3. Reasonable Suspicion - Any employee under reasonable SUspICIon as
defined in this policy may be required to undergo drug testing. To ensure
that the circumstances meet the criteria of "reasonable suspicion", such
testing may only take place upon the recommendation of the
supervisor/manager, and with the ultimate approval of the applicable
Department Director and Director of Human Resources.
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Adopted 12-6-05, Revised
Prior to testing, the supervisor/manager and/or Department Director shall
document in writing the circumstances that formed the basis of the
reasonable suspicion. The original paperwork will be maintained in a
confidential file in the Human Resources Department. Grounds for
reasonable suspicion may be formed from facts and circumstances such as,
but not limited to:
A. Observable incidents at work, such as direct observation of drug or
alcohol use, or the physical symptoms or manifestations of being
under the influence of a drug or alcohol;
B. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance;
C. A report of drug or alcohol use in violation of this policy, provided
by a reliable and credible source which has been independently
corroborated;
D. Evidence that an individual has tampered with a drug test during
their employment with the City;
E. Information that an employee has caused or contributed to an
accident while at work; and
F. Evidence that an employee has used, possessed, sold, solicited or
transferred drugs or alcohol while working at the City's workplace
or any other City premises or property, or while operating any City-
owned or leased vehicles, machinery or equipment.
4. Post Accident Testing - As soon as practical following an accident
involving a City vehicle, the supervisor/manager and/or Department
Director shall notify Human Resources to test, for both alcohol and
controlled substances, the driver of the City vehicle in cases where there is
injury or loss of human life; one or more of the vehicles involved has to be
towed from the scene of the accident; or the City vehicle driver is cited
with a moving-vehicle violation arising from the accident; or when there is
at least $1,000 damage or more (estimated by the supervisor/manager
and/or Department Director) to the vehicle(s) involved in the accident.
A. The required post-accident alcohol test shall be administered within
two (2) hours following the accident and the controlled substances
test shall be administered within thirty-two (32) hours. Otherwise,
a report must be prepared for Human Resources by the supervisor/
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Adopted 12-6-05, Revised
manager and/or Department Director citing the reasons why the
tests(s) were not promptly administered.
B. In lieu of administering a post-accident test, the Director of Human
Resources may substitute a breath or blood test to detect alcohol use
and a urine test to detect the use of controlled substances,
administered by on-site law enforcement officials under their
separate authority.
C. Any City vehicle driver subject to post-accident testing, who leaves
the scene of an accident before a test is administered; or fails to
report-in and remain available for testing, shall be deemed as to
have refused to submit to testing. Such refusal will be treated as if
the City vehicle driver had a "verified positive" controlled
substances test result or an alcohol test result of 0.04 or greater.
Such refusals shall be grounds for disciplinary action, up to and including
termination.
5. Noticing Requirement for Testing Procedures - All controlled-substance
and alcohol testing will be conducted by the Human Resources Department
as follows:
A. The hiring supervisor/manager shall notify the Human Resources
Department of their request to offer initial employment to an
applicant. The Human Resources Department will then contact the
applicant to schedule a pre-employment drug screen prior to the
agreed upon start date.
B. Random testing shall be scheduled by the Human Resources
Department for each reservation/site. Supervisor/managers and/or
Department Directors will be notified via e-mail and/or by
telephone of scheduled tests to be performed. The
supervisor/manager and/or Department Director shall ensure the
presence of the requested employee at the scheduled screening.
C. The Human Resources Department shall be notified immediately of
the need for Post-accident Screening as defined under this policy.
In case of employee injury, screening shall be completed by the appropriate
medical facility.
6. Positive Test Results
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Adopted 12-6-05, Revised
Adopted 12-6-05, Revised
A. External Job Applicants - The City of Ocoee will not knowingly
hire applicants with a positive drug screen result, nor can the
applicant be considered for any position with the City for a period
of one (1) year following the receipt of a positive result. Upon the
receipt of a positive drug screen result, the Human Resources
Department will notify the applicable hiring supervisor/manager
and the applicant. Should the applicant challenge the drug screen
results, the Human Resources Department will conduct a suitable
investigation, including laboratory confirmation and/or repeat
testing.
B. Internal Job Applicants - Internal Job Applicants are considered
employees and would be held to the process outlined below.
C. Employees - Employees who test positive for drug or alcohol use
may be disciplined and/or terminated at the sole discretion of
management as follows:
1. The first time violation of the guidelines outlined in this
policy will typically result in the immediate discharge of the
employee whenever the prohibited conduct:
A. Causes Injury to the employee or any other person,
or endangers the safety of the employee or any other
person;
B. Results in significant damage to City property or
equipment, or poses the risk of significant damage;
C. Involves the sale or manufacture of illegal drugs or
controlled substances;
D. Involves the possession or distribution of illegal
drugs or controlled substances or alcohol;
E. Involves the failure of an employee to report a
criminal conviction as required by a provision of this
policy.
2. In lieu of termination, and at the sole discretion of
management, an employee with a first time positive drug
test result for circumstances other than those listed above
may be referred to an alcohol and drug-rehabilitation
program. If the employee refuses to participate in treatment,
90
fails to attend or complete a treatment program, fails or
refuses to sign a written consent form allowing Human
Resources to obtain information regarding the progress and
successful completion of an alcohol or drug-rehabilitation
program, or if the results of subsequent confirmed drug tests
are positive, the employee will be discharged.
3. In lieu of termination, and at the sole discretion of
management, a Safety-Sensitive Position employee with a
first time positive drug test result for circumstances other
than those listed above may be referred to an alcohol and
drug-rehabilitation program. However, said employee shall
be temporarily removed from the Safety-Sensitive Position
and placed in a Non-Safety-Sensitive role, if available, until
successful completion of a treatment program and clearance
from the Human Resources Department. If a Non-Safety-
Sensitive role is unavailable, the employee may use
accumulated sufficient leave time to request personal leave
for the completion of the treatment program. Once the
employee is cleared by the Human Resources Department,
they shall be returned to the same or equivalent position and
salary that was held prior to entering the program.
4. An employee who is not discharged for a first time violation
under this policy will be considered on final notice. A
second violation of this policy at any time will result in
immediate discharge.
5. Participating in any alcohol or drug rehabilitation program
as a result of a confirmed positive drug test shall be at the
employee's own expense or pursuant to coverage under a
health plan or employee assistance program, if applicable.
7. Follow-up Testing
A. Employees who undergo treatment for alcohol or drug use will be
subject to follow-up testing as outlined in their rehabilitation
program. Positive follow-up drug screen results will be reviewed on
a case-by-case basis, and the Director of Human Resources shall
determine any action.
B. A Safety-Sensitive employee retained by the City following a
confirmed positive test result shall be subject to a minimum of six
(6) unannounced follow-up alcohol and controlled-substances tests
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Adopted 12-6-05, Revised
r
in the first twelve (12) months following the employee's successful
return to duty. As deemed appropriate by the Director of Human
Resources, additional tests may be performed for an additional
period up to sixty months (60) from the employee's return to work.
8. Effect of Criminal Conviction - An employee who is convicted under a
criminal drug statute for a violation occurring in the workplace, or on City
premises or during any City-sponsored activity or event will be deemed to
have violated this policy.
9. Effect of Discharge on Eligibility for Rehire - Employees who are
discharged for a violation under this policy will not be eligible to be
considered for rehire by City for a period of one (1) year from the date of
discharge. The City is under no obligation to rehire former employees
under any circumstances, and rehire consideration, if any given under these
circumstances, would be at the sole discretion ofthe City Manager.
10. Drug Free Awareness Program
A. Employee Awareness - The City has established a Drug-Free
Awareness Program that is designed to inform employees about the
dangers of drug and alcohol abuse in the workplace and to help
ensure that employees are familiar with this policy and the
disciplinary actions that can result from a violation ofthis policy.
B. Management Awareness - Supervisor/managers and Directors
should be attentive to the performance and conduct of those who
work with them and should not permit an employee to work in an
impaired condition or otherwise in violation of this policy. When
management has reasonable suspicion to believe an employee is or
employees are working in violation of this policy, prompt action
should be taken. An employee reporting for work visibly impaired
is unable to properly perform required duties and should not be
allowed to work. If possible, the supervisor/manager should first
seek another supervisor's/manager's opinion of the employee's
behavior. Then the supervisor/manager should consult privately
with the employee to rule out any problems that may be caused by
prescription drugs.
C. Human Resources Awareness - If, in the opinion of the supervisor/
manager, the employee is considered impaired, the employee will
be asked to report to the Human Resources Department. The
employee may be required to submit to drug and/or alcohol testing
at a laboratory chosen by the City if there is a cause for reasonable
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Adopted 12-6-05, Revised
SuspICIOn of substance abuse. Employees who refuse substance
testing under these circumstances will be terminated. The Director
of Human Resources will make a determination on whether the
employee should be sent home or to a medical facility by taxi or
other safe transportation alternative, depending on the
determination of the observed impairment, accompanied by the
supervisor/manager or another employee, if necessary. An impaired
employee will not be allowed to drive.
11. Criminal Convictions - Employees are required under this policy to notify
the City of any conviction under a criminal drug statute for a violation
occurring in the workplace, or on City premises or during any City-
sponsored activity or event, not later than 5 calendar days after any such
conviction. When required by applicable federal law, The City will notify
any federal agency with which it has a contract of any employee who has
been convicted under a criminal drug statute for a violation occurring as
outlined above.
12. Confidentialitv of Records
A. All information, interviews, reports, statements, memoranda and
drug test results, applicant or employee disclosures, written or
otherwise, obtained through drug testing and received by the Hiring
Supervisor /Manager or the Human Resources Department, are
confidential communications and may not be used or received in
evidence or disclosed in any public or private proceeding, except in
compliance with any applicable City, state or federal law that may
be upheld by the City at its sole discretion. This provision shall
not be construed to prohibit the HR Department and/or its
agents or representatives, or a drug-testing laboratory from
having access to any job applicant or employee drug-test
information.
B. Supervisor/managers should restrict communications concerning
possible violations of these guidelines to persons who have an
important work-related reason to know. In addition, they should not
disclose the fact of an employee's participation in any drug or
alcohol counseling or rehabilitation program.
C. The Human Resources Department shall be the sole official
custodian of any and all records relating to any job applicant's or
employee's drug test.
13. Applicant and Emplovee Rights
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Adopted 12-6-05, Revised
A. Prior to drug testing and upon request, a job applicant or employee
will be given a copy of the City's Drug & Alcohol Free Workplace
Policy in its entirety.
. B. A job applicant or employee shall be given the opportunity to
confidentially disclose to the Human Resources Department drug-
testing agent, the use of any lawful prescription or nonprescription
medications that may affect a drug test.
C. Within five (5) working days after receiving notice of a positive
confirmed drug screen result, the job applicant or employee shall be
given the opportunity to submit information to the Human
Resources Department explaining or contesting the test results.
D. Any employee may not be dismissed, disciplined or discriminated
against solely upon voluntarily seeking treatment for an alcohol or
drug-related problem, provided the employee has not previously
been tested as confirmed positive for alcohol or drug use. However,
Safety-Sensitive Position employees who voluntarily seek treatment
for such problems may be temporarily removed from their duties as
described in this policy, until successful completion of said
program.
14. Qualified Disabled Emplovees
A. The guidelines provided under this policy are not intended to
diminish the City's commitment to employing qualified disabled
individuals, or providing reasonable accommodation to such
individuals.
B. A provision within this policy does require employees, under
certain limited circumstances, to obtain the City's consent to
continue working while using legal drugs.
C. If an employee's use of a legal drug is related to a disabling
condition, and the employee voluntarily self-identifies themselves
as a disabled individual to the City in connection with an effort to
determine whether or not it is advisable to continue working under
the influence of the legal drug, and if it is determined that the
employee should discontinue working in their regular position
while using the legal drug, a reasonable effort will be made to
determine whether another position is open in the same location that
the disabled employee is qualified to fill.
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Adopted 12-6-05, Revised
15. Counseling / Employee Assistance - Employees who suspect they may
have alcohol or drug problems, even in the early stages, are encouraged to
voluntarily seek diagnosis and to follow through with treatment as
prescribed by qualified professionals. Employees who wish to voluntarily
enter and participate in an approved alcohol or drug rehabilitation program
are encouraged to contact the Human Resources Department, who will
determine, in consultation with management, whether the City can
accommodate the employee by providing unpaid leave for the time
necessary to complete participation in a program. Participation will be at
the employee's own expense. Employees should be aware that participation
in a rehabilitation program might not shield them from disciplinary action
for a violation of this policy, particularly in the case where the violation
occurs before the employee voluntarily seeks assistance.
B.nn Children on the Premises
A. The City of Ocoee recognizes that due to childcare limitations and emergencies,
there are limited circumstances when children of employees may be allowed on the
premises during working hours. Children, as with any other visitor, can present
safety risks to the City.
B. If bringing a child to work with the employee is unavoidable, the employee must
contact their supervisor/manager as soon as possible to discuss the situation.
Permission should be obtained prior to having the child accompany the employee
to work. Factors the supervisor/managers will consider are the age of the child,
how long the child needs to be present, the work environment in the employee's
area, and any possible disruption to the employee and their co-workers' job duties.
Should it be necessary for the child to be cared for at the work site for more than
"just hours", the employee will be asked to take paid time off to secure permanent
care arrangements.
C. A child brought to the workplace in unavoidable situations will be the
responsibility of the employee parent and must be accompanied and be under the
direct supervision of the employee parent at all times. To minimize risk,
employees must do the following when their children are on the premises:
1. Obtain prior approval from Department Management.
2. Ensure that their children enter and exit through the main entrance to the
building.
3. Ensure that their children are registered with the Security Desk.
4. Ensure that their children do not enter restricted, high-traffic areas without
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Adopted 12-6-05, Revised
prior approval of the Department Manager, in case of an emergency.
5. Ensure that they accompany their children at all times and do not leave
them unattended or out of sight, i.e. in the break room or bathroom areas.
6. Ensure that their children do not make excessive noise, run around or
wander in office area (it is suggested that parents have their children bring
something to read or provide some other quiet activity while they are
waiting).
7. Ensure that their children do not use the City office equipment.
8. Ensure the office area is straightened-up when the children leave.
13.2J24 City of Ocoee Policy Manual
The City maintains a "Policy Manual" administered from the Finance Department, which
includes f..dministrative Policies that impact some employee's responsibilities ',vithin their
respective positions. Department Directors are to make employees uwme of the
provisions ',vithin that manual which may impact their employee's, i.e. The
PurchasinglRequisitioning Policy, The Take Home Vehicle Policy, Fees for Public Record
Requests, The Rental Car Policy. Many of the other policies are operating procedures
specific to certain departments.
This "Policv Manual" that included rules and orocedures has been eliminated. Manv of
these policies have been incorporated into this revision of the PRR's and other policies
have been incorporated into the SOP's of related departments.
13.25 Flower Policv
A. Policv
The purchase of flowers and/or anv other form of exoressin1! sympathy.
con1!ratulations. reco1!nition. etc. shall be the responsibility of the City Clerk. The
City Clerk shall make all arran1!ements and be responsible for the oroceSSilll! of the
aporoved expenditure.
B. Procedure
Upon the death of an immediate familv member of an emplovee (mother. father.
sister. brother. child or spouse) or the passim! or the serious illness of an employee.
a reauest to forward flowers or some other form of svmpathv must be forwarded to
the City Clerk bv the aporooriate Department Director. The City Clerk shall
provide the appropriate form of sympathv.
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Adopted 12-6-05, Revised
Under unusual or uniaue circumstances. if a Department Director reauests the
Clerk to orovide some form of sympathv to a person or familv member not
mentioned above. includin1! former emplovees. the Clerk shall obtain aporoval
from the Citv ManalZer or his/her desi1!nee before orocessin1! the reauest.
Any other reauest for flowers. g:ifts or other si1!ns of svmpathy. conlZratulations.
appreciation. etc. must be reauested throulZh the City Clerk with Citv ManalZer
aporoval. Neither a Deoartment Director nor anv other emolovee shall
exoend City funds for the above ourooses.
Note: Anv reauest to make announcements relZardinlZ death/funerals or health concerns.
should be reauested throulZh the City Clerk. Announcements of any person's health are
1!overned bv HIP AA orivacy laws. The City Clerk shall make any such announcements. if
deemed aporooriate. The above policv does not include reauests from the Commission to
expend funds from the Commission contin1!encv.
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Adopted 12-6-05, Revised
SECTION 14
SEPARATION
14.01 Tvpes of Separation
Separations from positions in City service are designated as one of the following types:
A. Resignations
B. Retirement
C. Disability
D. Death
E. Reduction in Force (layoff)
F. Termination
14.02 Resie:nation
A. Employees wishing to resign from City service in good standing shall notify their
immediate Supervisor at least ten (10) working days before leaving. Failure to do
so may result in refusal by the City to consider any future request for re-
employment.
B. Absences from work for a period of three (3) consecutive working days without
notifying the immediate Supervisor will be considered as a voluntary resignation
and must be reported immediately to the Human Resources Director.
14.03 Retirement
Retirement is a separation from the City. Each covered employee will be provided a copy
of the retirement plan. Additional copies may be obtained from the Human Resources
Director, who will act as the Plan Administrator for the Board.
14.04 Disability
An employee with a legally recognized disability will be terminated from employment
under one or more of the following conditions:
A. The disability is covered by Workers' Compensation and
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Adopted 12-6-05, Revised
1. The employee has been determined to have reached maximum medical
improvement, and has exhausted all available personal, FMLA, and
extended leave under Section 10.06, and there is no vacancy in the
employee's position or other position in the City the essential functions of
which the employee is otherwise qualified to perform with or without
reasonable accommodation and without undue hardship to the operations of
the City, or
2. The employee refuses to accept employment in a position it has been
determined the employee is otherwise qualified to perform the essential
functions of with or without reasonable accommodation and without undue
hardship to the operations of the City, or
3. The employee has been legally determined to be totally and permanently
disabled, or
4. The employee resigns his/her employment, or
5. The employee engages in conduct for which the employee would have been
terminated if the employee had no disability.
B. If the disability is unrelated to an illness or injury covered by Workers'
Compensation, Subsection A. above shall apply except a determination under
Subsection A.l shall not require a determination as to having reached maximum
medical improvement.
C. Determinations under this section shall be in compliance with Americans with
Disability Act and the Florida Civil Rights Act.
14.05 Death
Separation shall be effective as of the date of death.
14.06 Reduction in Force (Layoff)
A. The City Manager may layoff employees when it is deemed necessary by reason of
shortage of funds or work, the abolition of positions, changes in duties or
organization, or any other legitimate operational reason.
B. The duties performed by any employee laid off may be reassigned to other
employees already working who hold positions in appropriate job classifications or
the work may be otherwise performed in a manner deemed in the best interests of
operational efficiency.
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Adopted 12-6-05, Revised
C. When it becomes necessary to reduce the number of employees within a given
class, employees shall be laid off as follows:
1. Temporary and part-time
2. Probationary employees
3. Permanent employees
D. In determining which employees to layoff, the City shall (1) consider length of
service in the classification, (2) past job performance, and (3) ability to perform the
job. In the event two or more employees in the same classification are considered
to be relatively equal as to factors 2 and 3, the employee with the least amount of
continuous service in the job class shall be laid off.
E.
1.
Full-time employees laid off may be given consideration for openings in
their classification or in other classifications which, in the opinion of the
City Manager, or his/her designee, the employee is qualified to perform for
up to six (6) months after the date of separation.
2. When openings arise within a job classification in which full-time
employees are on layoff from that classification, the City shall consider
them along with other qualified applicants.
3. The City shall fill the vacancy with the person determined by management
to be best qualified to perform the work; however, as between employees
of relatively equal ability to perform the work and performance records, the
person with longest service as a City employee in the class shall be given
preference. The City's obligation to so consider laid off full-time
employees shall terminate after the employee has been on layoff
continuously for six (6) months.
4. An employee called back to his/her same position within six (6) months
shall (1) have his/her years of service restored for all benefit purposes but
will not be given credit for the time on layoff, (2) not be required to serve a
new probationary period, and (3) shall be paid the same rate as when laid
off.
5. Paragraph EA. above shall apply to an employee called back to another
position within six (6) months, except he/she will be treated as if he/she
was transferred with respect to wages and probation.
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Adopted 12-6-05, Revised
SECTION 15
DISCIPLINARY ACTION/TERMINATION
15.01 Intent
A. It is the intent of the City that effective supervision and employee relations will
avoid most matters which necessitate disciplinary action or termination for
violation of rules and other conduct which is unacceptable.
B. The City recognizes the fact that each situation differs in many respects from
somewhat similar ones. Thus, the City retains the right to treat each incident on
an individual basis without creating a precedent for other cases, which may arise in
the future and to determine the appropriate discipline or termination on a case-by-
case basis.
The City recognizes the following types of formal disciplinary action:
1. Verbal warning
2. Written warning
3. Suspension without pay
4. Demotion
5. Termination
Exempt employees are subject to suspension without pay for a day or any part of a week,
if deemed appropriate.
C. Unlike suspension, demotion and termination of full-time employees, which may
only be for just cause as provided in paragraph D below, all employees may be
disciplined by verbal warning, documented verbal warning, (both considered
informal and not necessary to place in H.R. file), written warning, or combinations
thereof for violation of offenses listed in Section 15.03 or for any action or failure
to act which in the opinion of the City Manager or his/her designee adversely
affects the ability of the employee and/or co-workers to efficiently perform their
job responsibilities and/or adversely affects the efficient operation of the City
government or any department, division, or area ofthe City.
D. Full-time employees may be suspended, demoted or terminated for any reason set
forth in Section 15.03 as a Group I or Group II offense, or for any other just cause.
Section 15.03, Group I Offenses, provides recommended but not mandatory
penalties to apply to specific offenses; however, the penalty utilized shall be
discretionary with management and nothing herein shall require that a particular
101
Adopted 12-6-05, Revised
form of discipline be utilized in any case prior to the utilization of another form of
discipline.
E. In addition to the offenses listed in Section 15.03 below, infraction of departmental
rules and regulations and failure to perform to operational standards may subject
the employee to disciplinary action up to and including termination.
15.02 Notice of Disciplinarv Action
A. Employees who are disciplined by verbal warning (written or not) will have the
reasons for said warning explained by their supervisor.
B. In all cases of written warning, suspension without pay, demotion, or any
combination of same, the employee shall be notified in writing of the action taken
and a copy of such notice shall be retained by the Human Resources Office for
placement in the employee's personnel file.
C. The Department Director and/or designee shall coordinate all disciplinary actions,
excluding verbal warnings, with the Human Resources Director, who shall assist in
determining just cause.
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 disciplinarv offenses subiect UP to termination are
behaviors exhibited bv emplovees at work or durinlZ time away from work that lead to
embarrassment to the City and as such demean or diminish the imalZe and/or intelZrity of
the City: however, the principles concerning application as set forth in Section 15.01 shall
apply:
GROUP I OFFENSES
Third Offense
Written warning
Up to ten (10) working days suspension without pay
Demotion
Termination
First Offense
Second Offense
(1) Operating, using, or possessing tools, equipment or machines to which the
employee has not been assigned.
(2) Performing other than assigned work.
(3) Quitting work, wasting time, loitering, or leaving assigned work area during
working hours without permission.
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Adopted 12-6-05, Revised
(4) Taking more than specified time for meals or rest periods.
(5) Unacceptable productivity or competence.
(6) Sleeping on the job unless authorized.
(7) Reporting to work or working while unfit for duty, either medically, mentally, or
physically, unless the condition is a legally recognized disability in which case the
absence must be excused.
(8) Posting or removal of any material on bulletin boards or City property relating to
Section 4.04(D) unless authorized by the City Manager.
(9) Violation of Sections 4.04(B), (C) or (E) relating to solicitation and distribution.
(10) Excessive tardiness.
(11) Excessive absenteeism, regardless of the reason.
(12) Violating a safety rule or safety procedure.
(13) Failure to report an accident or personal Injury In which the employee was
involved while on the job or in a City vehicle.
(14) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief,
distracting the attention of others, catcalls, demonstrations on the job, or disorderly
conduct.
(15) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping.
(16) Failure to report the loss of a City identification card to the Department Director.
(17) Failure to keep the department and Human Resources Office notified of proper
address and telephone number.
(18) Failure to work overtime, special hours or special shifts after being scheduled
according to overtime and standby duty policies without a legitimate reason.
(19) Leaving work at the end of the scheduled shift without being relieved by the
supervisor or the relieving employee on the incoming shift, for those units
operating on a 24-hour basis.
(20) Gambling, lottery, or engaging in any other game of chance at City work stations at
any time.
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Adopted 12-6-05, Revised
(21) Failure to report a request for information or receipt of a subpoena from a law firm
or an attorney for a matter relating to City business.
(22) Knowingly harboring a serious communicable disease which may endanger other
employees without advising the City.
(23) Use of tobacco products while on duty on or in City property except where
authorized to do so.
(24) Malicious gossip about the personal lives of co-workers or Commissioners on City
property or while on City time.
(25) Failure to complete employee Job Performance Reviews in a timely fashion.
(26) Improper use of E-Mail or the City Computer system.
(27) Failure to meet prescribed standards of work.
GROUP II OFFENSES
First Offense - Up to termination
(1) Violation of published City or Departmental policies, rules, standard operating
procedures or regulations.
(2) Violation of Florida Statute prohibiting public employees from participating in a
strike against a public employer.
ill Verbal or written communications critical of the City. orlZanization. Department
Directors or Supervisors with the intent to discredit or demean the imalZe or
intelZrity of the City.
~(il Serious incompetency, inefficiency, or negligence in the performance of duty.
~ill Conviction of a non-felony criminal offense or any felony, including Dwr or DUI.
~~ Unauthorized absences or abuse of leave privileges.
f6fill Use of official position for personal advantage.
t71W Commission of any offense described in these rules and regulations or
departmental rules and regulations relating to disciplinary measures for which
termination is the penalty.
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Adopted 12-6-05, Revised
I
I
f81Cll Deliberately or negligently misusing, destroying, or damaging any City property or
property of an employee.
MaID Falsification of personnel or City record, including employment applications,
accident records, work records, purchase orders, time sheets, or any other report,
record, or document.
fl-()fllllMaking false claims or misrepresentation in an attempt to obtain sickness or
accident benefits, or workers' compensation.
8-l-Kl21Insubordination or the refusal to perform work assigned, or to comply with written
or verbal instructions of a supervisor.
~LlllUnauthorized use or possession or display of fire arms, explosives or weapons on
or in City property (includinlZ personal vehicles) as well as at any time and place
while on duty.
~ililRemoval of City property or any employee's property from City locations without
proper authorization; theft of City property or any employee's property.
8-4KlilFailure to return from an authorized leave of absence.
~Concerted curtailment, restriction of production or interference with work in or
about the City's work stations including, but not limited to, instigating, leading, or
participating in any walkout, strike, sit-down, stand-in, slowdown, or refusal to
return to work at the scheduled time for the scheduled shift.
fl-61ll11Absent without permission or leave (A.W.O.L.).
fl-1)UIDAcceptance of a gift, service, or anything of value in the performance of duty or
under circumstances where the employee knew or should have known it was given
with an expectancy of obtaining a service or favored treatment by a City employee,
department, or agency.
8-8j!l2lPossession, use, sale, attempt to sell or procure illegal controlled substances at any
time whether on or off City property or whether on or off duty; and, possession,
use, sale or attempt to sell or procure alcoholic beverages while on duty, on City
property or while operating or riding in or on City equipment.
fl-9j(20)The consumption of alcoholic beverages before and/or during regular working
hours (or during any breaks, including meal breaks) or while on call or called out.
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Adopted 12-6-05, Revised
~QllRefusal to fully and truthfully cooperate in an investigation conducted by or at the
direction of the City.
~(22)On or off the job conduct which adversely affects the ability of the employee to
perform his/her duties and/or adversely affects the efficient operation of the City
government or any department, division, or area of City government.
~ The use of the City 10lZo. pictures of Citv facilities. photos of employees (in
uniform). badlZes. insilZnia's. or anv other Citv related oropertv on personal web
sites. emails. publications. (i.e. mv space etc.) are strictly orohibited. with or
without the written aporoval of the City ManalZer.
~(24)Discourteous, insulting, abusive, or inflammatory language or conduct toward the
public or co-workers.
~~Improper racial or sexual comments, harassment or acts directed to any City
employee or the general public.
~(26)Threatening, intimidating, coercing, or interfering with City employees or
supervision at any time, including abusive language.
~(27)Provoking or instigating a fight or fighting while on duty.
~~Personal use of the City of Ocoee tax exempt number for any reason.
~(29)Violation of the City Drug & Alcohol Free Work Place Policy.
15.04 Criminal Chare:es (Suspension)
A. An employee charged with (1) any felony or (2) a misdemeanor, which the
Department Director feels may impact the efficient operation of the City may be
suspended without pay pending further investigation.
B. At his/her option, the Department Director may wait until the final resolution of
the criminal charges to decide what disciplinary action, if any, to take, or may
decide not to wait but take whatever disciplinary action he/she deems appropriate,
if any, based on his/her own investigation.
C. The results of the criminal proceeding, including but not limited to a dismissal, a
plea bargain, a plea of nolo-contendere, or an acquittal, shall not in any way be
binding on the City or the City Manager in determining whether disciplinary action
or the form of disciplinary action selected is appropriate.
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Adopted 12-6-05, Revised
SECTION 16
GRIEVANCE PROCEDURE
WRITTEN WARNINGS & NON-DISIPLINARY MATTERS
16.01 Purpose
The grievance procedure is established to provide opportunity to non-probationary full-
time employees to bring to the attention of management, situations that directly affect the
employee's working conditions. It is the intent and desire of the City to adjust complaints
or grievances informally, and both supervisors and employees are expected to make
reasonable efforts to resolve problems as they arise. However, it is recognized that there
will be grievances, which will be resolved only after an appeal and review. The
submission of a grievance by an employee shall in no way adversely affect the employee
or his/her employment with the City.
A. A full-time employee may file a grievance over the interpretation, application, or
violation of City Personnel Rules and Regulations or any Departmental Rules or
Regulations applicable to him/her, to resolve a problem concerning his/her
employment except that grievances over suspension, termination or demotion of
full-time employees shall be subject to review as provided for and in accordance
with Section 17.
B. Only full-time employees are eligible to file appeals or grievances under this
procedure. Probationary employees are not considered full-time employees until
completion of the probation period. Department Directors and higher levels of
management who are full-time employees shall not have the right to file grievances
under this section but shall in case of suspension, demotion and termination be
entitled to post action hearings under Section 17, unless the employee is covered
under Section 1.02D(2), whereby no entitlement is afforded.
16.02 Grievance Procedure
In order to assure every full-time employee a method by which the employee can get a
particular grievance considered rapidly, fairly, and without reprisal, the following steps are
provided:
Step 1 - Supervisor
The aggrieved employee shall, within three (3) working days of the incident,
explain and discuss the complaint or grievance orally with the supervisor involved.
Higher level supervision may be called into the discussion in an effort to achieve a
prompt satisfactory adjustment.
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Adopted 12-6-05, Revised
The Supervisor will make a decision and notify the employee in writing within
three (3) working days after the discussion with the employee.
The Supervisor must provide the Director of Human Resources a copy of the
action taken, all relating documents and the written decision in Step 1.
Step 2 - Department Director
If the aggrieved employee feels that the matter has not been settled or adjusted to
his/her satisfaction by the Supervisor, he/she may submit the matter in writing to
the Department Director within three (3) working days from receipt of the answer
in Step 1.
The Department Director, or his/her designee, shall meet with the employee within
three (3) working days after receipt of the grievance. The Department Director, or
his/her designee, shall give a written answer to the employee within three (3)
working days after the scheduled meeting.
The Department Director must provide the Director of Human Resources copies of
all relating documents and the written decision in Step 2.
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
108
Adopted 12-6-05, Revised
Adopted 12-6-05, Revised
(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 HalllRecreation
Area 2. Fire/Police
Area 3. Public Works
Area 4. Utilities Department
1
1
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(l)(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
109
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.
1. 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 4 - 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.
B. Final Decision
The decision of the City Manager, or his/her designee, shall be final, and the
employee shall have no further right of administrative review.
16.03 General Provisions
A. The time limits of this grievance procedure may be extended up to five (5)
additional working days by the employee due to an approved absence for illness,
emergency, vacations, or business trip, or by management for any of these reasons
110
Adopted 12-6-05, Revised
or any other business reasons. If an extension is required, the employee (or
management) shall be notified in writing. The City Manager, or his/her designee,
must approve any extension beyond five (5) working days in writing.
B. Under this grievance procedure the employee and/or management have the
opportunity to call witnesses at the Step 3 and Step 4 levels.
C. Any grievances shall be considered settled on the basis of management's response
at the completion of any step, unless it is appealed within the time limits set forth.
D. A copy of all documents supplied by the grievant to support a grievance in one
Step shall be copied to the Director of Human Resources on the same day the
grievant appeals to the next Step; provided a document need not be provided if a
copy has been supplied to the Director of Human Resources at an earlier Step.
111
Adopted 12-6-05, Revised
SECTION 17
PROCEDURE FOR PROPERTY RIGHT ACTIONS
17.01 Suspension. Demotion and Termination - Pre-Disciplinary
When a Department Director is considering suspension, demotion or termination of a
regular full-time employee:
A. The employee shall be given written notice of a reason for why such a disciplinary
action is being considered, a summary of the information in which the Department
Director relies, any witnesses and an opportunity to present his position either
verbally or in writing to the Director before the decision is made. Notice may be
made personally or by mail. The Director is responsible for conductinlZ or
reauestinlZ the Human Resources Department assist in completinlZ a full and
thoroulZh investilZation before a final decision is rendered.
B. The Director may suspend an employee, with pay, prior to the notice of charges
and without pay, immediately following the opportunity to respond and before the
final decision.
C. If, after considering all the evidence provided, the Director decides to suspend,
demote or terminate, the employee shall be notified in writing of the decision and
the reasons therefore and advised of the right to due process as provided below.
17.02 Rie:ht to Appeal
A. Within five (5) working days of receipt of the Department Director's decision the
employee may appeal in writing to the Director of Human Resources appealing the
Director's decision to the City Manager. Such a written appeal shall be
accompanied by an explanation of why the employee disagrees with the decision of
the Department Director and shall attach all documents on which the employee
relies. The Human Resources Director shall provide the information to the City
Manager and coordinate the scheduling of the hearing.
B. Upon receipt of a timely appeal, the City Manager shall conduct a hearing at which
the Department Director shall be required to establish just cause by a
preponderance of the evidence. The City Manager shall determine the facts.
NOTE: Just cause reauires the followinlZ:
. The emplovee was aware of the policv.
112
Adopted 12-6-05, Revised
. The employee was warned either verbally or in writinlZ of the conseauences
of his/her conduct or unacceptable behavior.
. Discipline relates to the City's applicable rule or relZulation.
. The Department Director thoroulZhly reviewed or inyestilZated and
documented the issue before administerinlZ discipline.
. The review or investilZation was fair and obiective.
. The review or investilZation oroduced substantial evidence or oroof of
wronlZdoinlZ.
. The rule or relZulation and discipline is applied in a fair and consistent
manner and without discrimination in relZard to any emplovee's race. color.
relilZion. sex. national orilZin. alZe. marital status. political affiliation.
disability. sexual orientation. or anv other discriminatory classification or
anv orotected actiyity (filinlZ of a workers' compensation claim.
discrimination complaint. or obiectinlZ to illelZal conduct by the City).
. The discipline is related to the seriousness of the yiolation or offense and
the employee's past performance.
C. The employee shall be entitled to be represented by counsel of his/her choice at
his/her expense and shall have the right to present evidence, examine and cross
examine witnesses, and state his/her position orally and in writing.
D. The proceeding shall be recorded by tape or a court reporter. The City Manager
shall make findings of fact and conclusions of law and uphold, modify or reverse
the disciplinary action appealed from. The City Manager may impose a more
severe or lesser form of discipline, or take other such action, as the City Manager
deems appropriate. The City Manager shall not be constrained in any manner in
making his/her findings of fact and conclusions of law.
E. The decision of the City Manager shall be final and binding on all parties and shall
be the final administrative decision of the City.
F-: Employees covered by a Collective Bargaining .\greement must utilize the above
grievance procedures for appeals to claims not covered by the CBA. Upon filing a
grievance under the CB.^.., the employee may not file the same grievance using
these procedures. The Human Resources Director will be available at any step in
the procedure to assist in any way to resolye the grieyance. Working Day for
employees of the Fire Department on a 7(k) schedule shall mean three (3) shifts.
113
Adopted 12-6-05, Revised
.J
Note: Department Directors, Chiefs, Assistant City Managers, Assistant/Deputy Directors
and Executive/Administrative employees working directly for the City Manager covered
under Section 1.02D are not entitled to this Section.
114
Adopted 12-6-05, Revised
SECTION 18
RECORDS AND REPORTS
18.01 Responsibilitv
The Human Resources Office is responsible for establishing and maintaining
comprehensive central personnel records of all City employees.
18.02 Records
A. All personnel records of employees of the City government covered under the
Personnel Management System are maintained in the Human Resources Office and
are considered the official employee records. All employee payroll records shall
be maintained by the City Finance Department. All employee pension records
shall be maintained by the respective Pension Boards Human Resources
Department. ..\ll other records and materials in relation to the administration of the
City Personnel Management System shall be considered confidential to the extent
allowed by lav. and the property of the City.
B. Employees should shall keep their personnel records current. This means
immediately notifying the Human Resources Office of any changes; such as,
change of address (even if temporary), change of telephone number, change of
beneficiary, number of dependents, divorce, marriage or any status change not
previously reported, from that which was originally given at time of employment.
This is the responsibility of the employee and failure to comply may result in loss
of employee benefits.
~ The Human Resources Office should be informed of any special training courses
completed by an employee. Copies of diplomas or certificates shall be forwarded
to the Human Resources Office to become a permanent part of the employee's
personnel file.
I+.-C. No document critical of an employee shall be placed in the employee's Official
Personnel file unless said employee has initialed the document. Refusal of an
employee to initial a document shall be noted by a witness.
18.03 Records Retention and Disposition
Consistent with applicable law, the Human Resources Office shall determine the time
limit that any personnel records shall be kept on file and the final disposition of such
records.
115
Adopted 12-6-05, Revised
SECTION 19
SAFETY
19.01 Accident Prevention
All Department Directors, supervisors, and employees must recognize their responsibility
for a successful safety program, and will participate in the development, implementation
and improvement of this program. The Human Resources Director (Acting as Risk
Manager) shall be responsible to administer this Program.
19.02 Accident Reportine:
A. All employees shall be advised of their responsibility to immediately report to their
supervisor all injuries that occur on the job. Delay in reporting injuries may cause
complication of the injury and delay recovery.
B. All supervisors shall immediately report injuries of their employees to the Human
Resources Office. The Human Resources Office shall determine where the
employee will be sent for treatment and shall determine which physician will be
used.
C. All accidents must be reported within twenty-four (24) hours after the date of the
accident or injury or as soon as operationally feasible. If the accident occurs over a
holiday or weekend, the accident report shall then be submitted to the Human
Resources Office within twenty-four (24) hours from the time the work period
starts after the weekend or holiday. This also applies to industrial accidents and
first aid injuries, as well as to anyone injured in a vehicular accident involving City
vehicles. In the latter case, a vehicular accident report will be submitted and, if an
employee is injured, a report of injury to the Human Resources Office will also be
required. Depending upon the extent of the accident, the employee may be
required to submit to a drug/alcohol exam. see Section 13.22 C 4. Furthermore,
accidents caused by an employee may also subject the employee to disciplinary
processes.
D. In the case of all vehicular accidents, the appropriate law enforcement agency and
the employee's supervisor must be notified immediately. In the event a Police or
Fire Department vehicle is involved in an accident, it must be inyestigated by the
Florida Highway Patrol immediately.
E. Employees not following safety rules, including not reporting accidents or
improper reporting of accidents and injuries within time limits specified above,
116
Adopted 12-6-05, Revised
shall be subject to disciplinary action up to and including termination and loss of
Worker's Compensation benefits.
19.03 Safety Equipment
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.
19.04 Safety Committee
A Safety Committee mav be established as part of a comorehensive City-wide safety
orolZram. The Safetv Committee and associated responsibilities shall be determined by the
Citv ManalZer.
117
Adopted 12-6-05, Revised
.
.
.
Copy of Public Hearing Advertisement
Date Published
o { l(nJ 0 Sevth"~ \
'l.
S:vn~ IV, OCTOBER 28,.2007 E3
Advertisement
--
CITY OF DCDEE .
PUBUC HEARING
A Publio i1;.rinrbelore the
Dooee City CommIssion wi II be
held Tuesdav, November 6,
2007, at 7:15 p.m. or as soon
r~em~fte~~~rr.~lo~~figr;l~
bers 01 Citv Hali at 150
North Lakeshore Dr'ive,
Ocoee, Florida, to consider
thelollowlng:
,
If a person decides to ap.
peal anv. decision. made bv
the above City Commission
,with respect to anvmatter
considered at such hearing,
thev will need a record .01
; ~~ tf r~~~~~~~ glh earmlg ~
need to ensure that a verba.
r~~s ~;c~~d~: ~~~c~r~~~g~d
includes the testimonv and
evidence upon which the ap.
peal is to be based.
All interested parties are in.
vited to attend .and be heard
with respect to the above.
I n accordance with the A.
mericans with Disabilities
~i~f ~~~~o~~~~~~\~~ ~rs~e~
~~1;r~~~~~Jrn~a~~~r3t~o~~
tact the Citv Clerk's office
at 407.905.3105 at least two
davs prior to the date 01
hearing,
Beth Eikenberrv
C itv Clerk
COR526005 10f28107
Ol-x>l-
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