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HomeMy WebLinkAboutOrdinance 90-23 ORDINANCE NO. 90-23 . AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, RELATING TO THE CITY OF OCOEE PERSONNEL RULES AND REGULATIONS; REPEALING SECTION 13.07 OF APPENDIX C OF THE OCOEE CITY CODE AND ADOPTING A NEW SECTION 13.07 THEREOF RELATING TO WORKER'S COMPENSATION, ADOPTING A NEW SECTION 13.15 OF APPENDIX C OF THE OCOEE CITY CODE RELATING TO DUI, DWI AND MOVING TRAFFIC VIOLATIONS, REPEALING SECTION 18 OF APPENDIX C OF THE OCOEE CITY CODE AND ADOPTING A NEW SECTION 18 THEREOF RELATING TO SAFETY; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ENACTEQ BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA AS FOLLOWS: SECTION authority to Constitution Statutes. ONE. The City commission of the City of Ocoee has the adopt this Ordinance pursuant to Article VII of the of the State of Florida and Chapter 166, Florida SECTION TWO. The present Section 13.07 of Appendix C of the code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION THREE. A new Section 13.07 of Appendix C of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: 13.07 Workers' Compensation The City provides Workers' Compensation for all employees injllr.po on the' job. A. Payment of Workers' Compensation to all employees, who are disabled because of an injury arising out of and in the course of performing their duties with the City, will be governed by the Florida state Workers' Compensation Law. B. If injured on the job an employee will only receive the compensation as set by the Florida state Workers' Compensation Law. C. The City may pay a supplement to the compensation provided by the Florida state Workers' Compensation Law. Supplementary compensation shall be determined on a case by case basjs. . (1) Supplementary compensation by the City shall not be paid if the injury to the employee was the result of employee negligence, violation of Safety Rules or violation of applicable state or local law. (2) Consideration for payment of supplementary compensation will be considered by a committee composed of the City Manager, Department Head and Director of Personnel & Employee Relations. D. An employee out on Workers' Compensation shall continue to accrue all leave while on Workers' Compensation., E. Personal Leave or Holiday Leave may not be used while out on Workers' Compensation. PAGE ONE SECTION FOUR. The following Section 13.15 of 'Appendix C of the Code of Ordinances of the City of Ocoee, Florida, is hereby created and reads as follows: 13.15 our. OWl & MOVING TRAFFIC VIOLATIONS . 'fhe safety and health of all Cily employees and residents and the public in genera 1 are of u tmos t import ance to the City of Ocoee. Such concerns include attempting to ensure that employees who drive vehicles on the public roads, streets, and highways as part of their job maintaih safe driving records and habits consistent with the City's mis~ion of conducting safe and efficient City business, and to ensure the ability of the city to maintain acceptable insurance protection at reasonable costs. A. Application' The following policy shall apply to all City employees covered by the City Personnel Rules & Regulations in any driving capacity, which is defined as a job in the performance of which the employee drives a vehicle on the public street, roads or highways. In order to ensure that all employees are advised as to what is expected of them in these areas, this policy defines just cause as it relates to OUI, OWI and moving traffic violations as same relate to demotion and discharge under Section 15 of the City Personnel Rules & Regulations. B. OUI/OWI (1) An employee chargp.d with OUI or DWI offense shall be suspended from hls/her driving job pending re solut ion of t he charge or charges. 'r'he suspension will be without pay, except the City Manager, at his/her option, may elect to transfer the employee to a vacant non-driving position which the employee is qualified to perform at the non-driving pbsition rate of pay. , (2) Upon acquittal, the employee ~hall be reinstated to his/her driving position or a similar driving position with back pay less any interim earnings received from any source, including from the City ,of Ocoee, and unemployment compensation. . (3) Upon first offense conviction, the employee shall be removed from his/her driving position for not less than thirty-six (36) months. Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he/she is qualified; however, hel she shall be given no preferential treatment because helshe is a City employee. If the employee is not offered a non-driving 'job within thirty (30) days of his/her removal from the driving position, helshe shall be terminated. If the employee is offered and accepts a non-driving position within the thirty (30) day period, the employee's seniority will remain unbroken. PAGE TWO (4) An employee placed in a non-driving position or ex-employee tenninated pursuant to paragraph 3 above may not reapply for a driving job for thirty--six (36) months from the date of his/her removal from the driving job. Thereafter, those employees and ex-employees who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all other qualified applicants, and their past conviction will be considered along with other job related factors. . (5) Upon conviction of a second DUr and DWI, an employee in a driving positioh shall be terminated from employment with the City of Ocoee. (6) Upon conviction of a second DUl or DWl, an employee in a non-driving position as a result of ' the application of paragraph 3, shall be permanently barred from a driving position within the City of Ocoee. (7) Employees and applicants for employment who have never held a driving position with the City but who have been convicted of OWl or OUI not more than one time, may be considered for driving positions under the same conditions as employees who have bef'n removr>(] f rom a dci vi ng pos i t i on because of a OUl or OWl conviction under paragraph 3 above. Employees and applicants who have two or more OUI or DWI convictions shall not be considered for driving positions. C. Moving Violations (1) The official Florida State driving record of all employees under FS Chapter 322 shall be reviewed 'by the City from time to time. If, upon such review, an employee's record reveals seven or more points under FS Section 322.27 within the past three years as a result of moving traffic violations, the employee shall be removed from his/her driving position. . (2) Upon written application, the employee will be considered for placement in other non-driving vacancies in the City for which he/she is qualified; however, he/she shall be given no preferential treatment because he/she is a City emplciyee. If the employee is not offered a non- driving job within thirty (30) days of his/her removal [rolll thp driving position, he/she shall be terminated. If the employee is offered and accepts a non-driving job within thirty (30) days, the employee's seniority will remain unbroken. (3) An employee pJuceu in u non-driving job or un ex-employee terrni nated pursuant to paragraph 2 above may not reapply for a driving job, unless and until upon periodic review of the driving records of all employees by the City, the employee's official Florida State driving record establishes that the employee does not have seven (7) or more points as a result of moving traffic violations in the three (3) year period immediately prior to the City review of employee's record. Thereafter, those employees and ex- employees removed from driving jobs pursuant to paragraph 2 who reapply for a driving job will be given no preference but if otherwise qualified will be considered along with all qualified applicants, and their past conviction of moving t raf f ic viola t ions wiLl be considered along wi t h other job related factors. PAGE ,!'JIREE (4) An employee who is removed from a driving position on two different occasions as a result of the application of this Section, shall be permanently barred from a driving position with th~ City. . (5) Employees who have never held a driving position with the City and applicants for employment who have seven (7) or more points for moving violations at the time they apply for driving positions shall not be considered. If such employees and applicants do not have seven (7) or more points at: the time of their application, their official Florida State driving record will be considered along with other. job related factors. D. Period of Inquiry The three year (36 month) driving history will be established from the date of inquiry. All employees who are employed by the City of Ocoee prior to the adoption of this policy by the City Commission will be grandfathered in _ 'l'hose employees who are grandfathered in will begin their driving llistory from the date of adoption of this policy. SECTION FIVE. The present Section 18 of Appendix C of the Code of Ordinances of the City of Ocoee, Florida, is hereby repealed in its entirety. SECTION SIX. A new Section 18 of Appendix C of the Code of Ordinances of the City of Oeoee, Florida, is hereby adopted as follows: SECTION 18 SAFETY 18.01 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 shall subject the employee to administrative action as outlined in Section 15.01 of these Administrative Rules. 18.02 Safety Manual . The Safety Manual adopted by the City Commission is incorporated as. a part of these Administrative Rules and Regulations and employees in violation of the guidelines as outlined in the Safety Manual shall subject the employee to administrative action as outlined in section 15.01 of these Administrative Rules. 18.03 Safety Committee There shall be a Safety Committee under the direction or the Personnel Director. Appointments to the Safety Committee shall be made by the City Manager. The Safety Committee shall meet quarterly or on an as needed basis. The Committee will report safety violations to the proper departments with reports to the City Manager. PAGE FOUR 18.04 Accident Prevention All Department Heads, Supervisors, and employees must recognize thejr reponsibility for u successful safety program, and will participate in the continued development, implementation and improvement of this program. Supervisors must have a continuing concern with all reasonable opera- tional economics. 18.05 Accident Reporting . A. All employees shall be advised of their responsibility to immediately report to their Supervisor and Personnel Director all injuries that occur on the job. Delay in reporting the injury can cause complication of the injury, delay recovery, and loss of Worker's ~ompensation benefits. \ '. B. An accident must be reported within twenty-four (24) hours after the dace of the accident. or t.he report. of the injury to the Personnel Director. If the accident occurs over a holiday or weekend, the accident report must then be submitted within twenty-four (24) hours from the time the work ceriod 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 including city vehicles. In the latter case, a vehicular accident report will be submitted and, if an employee is injured, a re~ort of injury to the Personnel Director will also be required. In the event of employee injury the Personnel Director shall assign the physician to be seen. c. All vehicular accidents involving the Police Depart- ment will be investigated by the Florida Highway Patrol. D. Employees not following safety rules or guidelines in the Safety Manual including not reporting accidents within time limits shall be subject to administrative action as outlined in section 15.01 of these Adminis- trative Rules. . SECTION SEVEN. Severability. If any section, subsection, sentence, clause or 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 EIGHT. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PAGE FIVE . \ \ . PASSED AND ADOPTED this .;1.0 ti day of ;VOlJ ~w\l3l:'i ATTEST~ (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE APPROVED AS TO FORM AND ,LEGALITiv THIS. 9D DAY OF t.lJ~\OO , 1990 FOLEY & LARDNER, VAN' DEN BERG, B::Y (!;Jl fr;;:u;]N city Attorney , 1990. APPROVED: CITY OF OCOEE, FLORIDA ~ es' r Dabbs. Jr. ~or Advertised November 8 Read First Time November 6 Read Second Time and Adopted N f) 0 f:-rt1. ~ 6-12 ..l 0 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON IJbvc-W\8~ ~j) , 1990 UNDER AGENDA ITEM NO. VI ~ Pl\.GE SIX , 1990 , 1990 , 1990