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HomeMy WebLinkAboutOrdinance 856 ORDINANCE NO. 856 First Reading 10-15-85 Second Reading 11-19-85 e AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, REVISING CODE OF ORDINANCES, OCOEE, FLORIDA, APPENDIX C, RELATING THE PERSONNEL POLICIES FOR CITY EMPLOYEES; AMENDING SUBPARAGRAPHS (e), (f) AND (g), SECTION 10.2. OF ORDINANCE NO. 821, CITY OF OCOEE, FLORIDA, DELETING CERTAIN EMPLOYEES FROM EXCEPTIONS TO THE MERIT SYSTEM; ADDING SUBPARAGRAPH (d) TO SEC- TION 10.4.3. OF ORDINANCE NO. 821, CITY OF OCOEE, FLORIDA, RELATING TO MERIT SYSTEM APPEALS; PROVIDING ADMINISTRATIVE DIRECTION, PROVIDING INTENT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Ocoee Board of Commissioners is most interested in providing the most current personnel policies for the administration of personnel matters within the City of Ocoee; and, WHEREAS, the Board of Commissioners believes that it is most important to provide for the proper and equitable treatment of the City employees; NOW, THEREFORE, be it Enacted by the people of the City of Ocoee, Florida: Section 1. Appendix C, Code of Ordinances, Ocoee, Florida, is amended to read: (Substantial rewording of Appendix. See Appendix C dated October 1, 1973, for present text) APPENDIX C PERSONNEL REGULATIONS Section 0.01. Policy. It is the intention and policy of the City that a proper and efficient personnel program be maintained as an indispensable and necessary prerequisite to professional administration of the business affairs of this City. It is the further intention and policy that a fair, equitable and uniform system of public employment must exist in order to attract good public servants and provide them wi th an opportuni ty for honorable and useful employment. e It is the intention and policy that the departments be structured in a line and staff organizational relationship whereby each employee be directly responsible to only one super- visor. The author i ty for the management of each department is vested solely with the department head. The Ci ty Manager will counsel and direct the line organization but will not normally supplant the author i ty of department heads, but may do so if required. In accordance with the provisions contained in the Charter of the Ci ty of Ocoee, all Department Supervisors are directly responsible to the City Manager. The City Manager is directly responsible to the Board of City Commissioners. The Board of City Commissioners and City Manager do not hereby relinquish any authority vested in them but delegate authority to the extent provided in the Charter of the City of Ocoee. BOARD OF CITY COMMISSIONERS INTRODUCTION Section 0.02 INTENT. It shall be the intent of the Board of City Commissioners and other elected officials that: (1) The employees of the City of Ocoee be productive per- sons who perform a useful purpose. - (2) There shall be no employee on the City payroll for whom there is no employment need. (3) There shall be no individual, group or factions in the City employ who shall create disharmony, unrest, dis- quiet, institute rumors or by any other act cause dis- sension and inefficiency in City Government. (4) All department heads and employees shall comply wi th and assist in carrying out the personnel program, including the furnishing of records and information at the request of the City Manager. NOTE: This Appendix refers to employees as "he". For the pur- pose of this policy, "he" will be considered a generic term, to include female employees. Section 0.03. Scope. The personnel policy, regulations and procedures, as adopted, shall apply to all personnel under the jurisdiction of the Board of City Commissioners and City Manager. Section 0.04. Conflict. (1) Any item in this entire personnel policy that is in conflict with the Charter of the City of Ocoee is voided. (2) Any previous city policy on subjects covered in this policy as of November 19, , 1985, is hereby rescinded. I. GENERAL POLICIES Section 1.01 Political activity. e (1) No employee shall directly or indirectly coerce or attempt to coerce, command, or advise any other employee to pay, lend, or contribute any part of his salary, or any money, or any- thing else of value to any party, committee, organization, agency, or person for political purposes. Nothing in this sub- section shall prohibi t an employee from suggesting to another employee in a noncoercive manner that he may voluntarily contrib- ute to a fund which is administered by a party, committee, orga- nization, agency, person, labor union or other employee organiza- tion for political purposes. (2) No employee shall use his official authority or influ- ence for the purpose of interfering with an election or a nomina- tion of office or coercing or influencing another person's vote or affecting the result thereof. (3) No employee shall directly or indirectly coerce or attempt to coerce, command, and advise employee as to where he might purchase commodities or to interfere in any other way with the personal right of said employee. - 2 - (4) Nothing in this policy shall prevent an employee from becoming a member of a political club or organization or attend- ing meetings of such club organizations or of expressing his opinion on all political subjects except those specifically pro- hibited above, or from enjoying freedom from all interference in casting his vote. (5) No employee shall hold office as a member of the gov- erning board, council, commission, or authority, by whatever name known, which is his employer while, at the same time, continuing as an employee of such employer. e (6) The provisions of this policy shall not be construed so as to prevent any person from becoming a candidate for and actively campaigning for any elective office in this state. All such persons shall retain the right to vote as they may choose and to express their opinions on all political subjects and can- didates. The provisions of this policy shall not be construed so as to limit the political activity in a general, special primary, bond, referendum, or other election of any kind or nature, of elected officials or candidates for public office in the state or of any county or municipality thereof. (7) An employee choosing to be a candidate for poli tical office will be placed on personal leave of absence on the date of qualifying for election and will so remain while a political can- didate. (8) It is the intent of this policy to maintain an impar- tial city service and to work toward the ideal of a public ser- vice that is dedicated to all citizens of the city, to maintain fair and equal treatment and to avoid a conflict of interest. Section 1.02 Other employment. Full-time employees are discouraged, but not restricted from engaging in other employment during their off-duty hours. However, city employment must be considered the primary employ- ment and no employee may engage in outside employment which would interfere with the performance of his duties or be in conflict with the interest of the city. Section 1.03 Use of City Property. Equipment, facilities, vehicles or property of the city shall not be used by employees for any reason other than ci ty business. Exceptions to this policy will be granted by the City Manager when in the best interest of the City. For example, police officers may be allowed to take their vehicles home when leaving their duty shift, in order to improve their response time in the event of an emergency. Section 1.04 Conflict of interest. - (1) All personnel in a position to influence the city actions shall refrain from business, professional and social relationships which may affect the exercise of their independent judgment in dealing with the city suppliers of goods or services. (2) Employee acceptance of loans, advances, "kick-backs", or of gifts, gratuities and favors or entertainment from a sup- plier, bidder or other parties doing business with the City Government is improper and such action shall not be condoned. (This section is not meant to prohibit such incidentals as lunch, dinner or minor social activity). - 3 - Section 1.05 Disclosure of information. The City of Ocoee, Flor ida, is a Municipal Government and consequently subject to all portions of State and Federal Legis- lation entitled Government in the Sunshine. Consequently, all disclosures of information shall be within the guidelines expressed in the continuing and ongoing legislation of Government in the Sunshine. Section 1.06 Family employment restrictions. e No spouse or member of the immediate family of a Ci ty employee or of any member of City Commission will be hired, pro- moted, transferred or retained on a permanent or temporary basis within the Merit System unless such employment is determined by unanimous vote for the City Commission to be in'the best interest of the City; is approved by the City Manager and does not violate Florida Statute 116.111 (as amended or superseded). "Immediate family" is defined as blood, marital, adopted or step-relative in one of the following categories: father, mother, son, daughter, brother, sister, aunt, uncle, first cousin, nephew, niece, husband, wife, father-in-law, mother-in- law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, step-father, step-mother, step-son, step-daughter, step-brother, step-sister, half-brother, half-sister or any ward of an employee living within the same household. Section 1.07 Code of conduct. All employees are expected to keep in mind that they are servants of the public and to conduct themselves in a manner which will in no way discredit the City Government, public offi- cials, fellow employees or themselves. Section 1.08 Collection of money, fines, bonds. The City Manager, City Clerk, deputy clerks and Finance Director are the only personnel author ized to collect and dis- burse city funds. Collections of fines, forfeitures and bonds by the police department personnel is authorized and will be depos- ited in city hall as soon as possible following collection. Section 1.09 Sexual harassment on the job. e (1) Definition. Harassment on the basis of sex is a viola- tion of Sec. 703 of Title VII. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when: (1) sub- mission to such conduct is made explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidat- ing, hostile, or offensive working environment. (2) Policy and procedures for sexual harassment complaints. As a part of the City's continuing affirmative action efforts and pursuant to the guidelines on sex discrimination issued by the Equal Opportuni ty Commission, the Ci ty endorses the following policy: (i) It is illegal and against the policies of this Ci ty for any employee, male or female, to sexually harass another employee by (a) making unwelcomed sexual advances or request for sexual favors or other verbal or physical con- duct of a sexual nature, a condition of an employee's con- - 4 - tinued employment, or (b) making submission to or rejections of such conduct the basis for employment decisions affecting the employee, or (c) creating an intimidating, hostile or offensive working environment by such conduct. e (ii) Any employee who believes he or she has been the subject of sexual harassment should report the alleged act immediately, (wi thin 24 hours after the alleged harassment occurs) to the Ci ty Manager or the Personnel Office. An investigation of all complaints will be undertaken immedi- ately. Any supervisor, agent or other employee who has been found by the City after appropriate investigation' to have sexually harassed another employee, will be subject to appropriate sanctions depending on the circumstances, from a warning in his or her file up to and including termination. The City recognizes that the question of whether a particu- lar action or incident is a purely personal, social relationship wi thout a discr iminatory employment effect requires a factual determination based on all facts in this matter. Given the nature of this type of discrimination, the City recognizes also that false accusations of sexual harassment can have ser ious effects on innocent women and men. We trust that all employees of the Ci ty will continue to act responsibly to establish a pleasant working environment free of discr imination. The Ci ty encourages any employee to raise questions he or she may have regarding discrimination or affirmative action with the City Manager. Section 1.10 Literacy tests. Literacy tests may be administered as a part of the recruit- ing and job interview process when a candidate is being consid- ered for employment wi th the Ci ty. If such a test is adminis- tered, the test must be one as provided by the Orange County Board of Education to determine whether the students have the minimum of a sixth grade reading level. A test not regularly administered by the Orange County Board of Education may not be substituted for such a test; no arbitrary testing measures will be permitted. II. EMPLOYMENT CONDITIONS AND STANDARDS Section 2.01 Original employment. When a person is initially employed in a position in the City service, either on a full-time basis or a part-time basis, he shall be employed in one of the following types of original employment status: (1) Permanent employee; (2) Probationary Permanent Employee; e (3) Temporary employee. (A) Definitions of types of original employment: (i) Permanent: Permanent employment will be made classification for permanently budgeted career tions. to a posi- (a) A permanent employee shall be eligible for all City fringe benefits immediately upon establishing a continuous service date. - 5 - (b) A permanent employee is one who has satisfactorily completed his probationary period. (ii) Probationary Permanent Employee: A probationary permanent employee shall be an individual hired to fill a regularly Commis- sion funded position, during his/her initial three (3) months of employment and not a permanent employee that has been placed on probation as a disciplinary action. e (iii) Temporary. (a) Temporary employment may be made when the work of a department requires the services of one or more employees on a seasonal or intermit- tent basis. (b) A temporary employee shall not be eli- gible for City fringe benefits. (B) Employment of department heads; The City Manager shall review and approve the employment or promotion of a depart- ment supervisor. Section 2.02 Probationary period. (1) The first three (3) months of City service, promotion or transfer shall be considered a probationary period for all employees. Upon approval by the City Manager, an employee's pro- bationary per iod may be extended up to an additional three (3) months. All sworn personnel in the Police Department and firefighter personnel in the Fire Department shall have a special six (6) month probationary per iod which may be extended by an additional three (3) months as previously provided herein. (2) If the employee is found to be unsatisfactory dur ing his probationary period following employment, he may be termin- ated. If he/she wishes to appeal the termination, he/she must comply with the provisions of the Merit System in order to appear before the Merit System Board. During the Probationary Period, the only disciplinary action a Permanent Probationary Employee will have the right to appeal to the Merit System Board is termi- nation. Other disciplinary actions by a Supervisor may be appealed to the City Manager, but no further. A regular Permanent Employee may appeal any disciplinary action to the Merit System Board, as provided for in the Merit System. If the employee is considered satisfactory for another available posi- tion, he may be transferred and will begin a new probation period. - (3) An employee in probationary status may not be eligible for certain fringe benefits, until the probationary period is satisfactorily completed. Section 2.03 City service. (1) Continuous service: (A) An employee I s continuous service date shall be established as the most recent date of hire and may not pre- cede the date of actual job performance. (B) Authorized leaves of absence and layoff to the extent provided by personnel pOlicy shall not be considered a break in service. All other separations shall be consid- - 6 - ,-- ered a break in service effective at the end of the employee's regular shift on the last day of work. (C) Any unauthorized leave without pay for more than three (3) consecutive workdays shall be considered a break in service. (2) Creditable service: Creditable service shall be con- strued as service during which the employee was on the payroll of the City. e (3) Basis for change of status: In considering employees for promotion, demotion, layoff, recall from layoff or transfer, job per formance shall be the sole cr iter ion. Job per formance being equal, continuous service shall be the criterion. III. PAY PLAN Pay scales are set by the Board of Ci ty Commissioners and will not be altered or changed unless by express permission of the City Manager. (A) Pay raises: The practice of across the board or blan- ket pay raises for all city employees will be discontinued. Merit raises will be given to employees on the basis of ini- tiative, capability, supervisory ability, loyalty and dedication to the interest and progress of the Ci ty of Ocoee. Senior i ty will have a bearing only when all of the above factors are equal. These raises will be in 5% increments, as provided for in the Merit System (adopted by Ordinance Number 821). Cost of living raises will be considered by the Board of City Commissioners and acted upon at their discretion. The Board of City Commissioners will annually review sal- aries and may, at their discretion, raise or lower salaries as necessary. (B) Police officers incentive plan: as established by State Legislation. Will be administered IV. NORMAL OPERATING PROCEDURES Section 4.01 Overtime work. (A) Statement of policy: The City of Ocoee will continue to comply wi th mandated sanctions of the U. S. Department of Labor, not only with regards to overtime, but all other policies as well. - (1) The employment and work program of each depart- ment should be arranged so as to reduce to a minimum the neces- sity for overtime work, except in emergency situations. (2) It is intended, however, that employees should be expected to work, in a reasonable period, beyond regular working hours or dur ing lunch per iods when necessary to complete work assignments. (3) Activities such as time spent in taking training courses, travel and voluntary overtime shall not be considered as authorized overtime work. (B) Overtime payment: (Emergency) Overtime payments shall be on the basis of one and one-half (1 t) times the employee's - 7 - e rate of pay. (C) Compensatory time: (1) When an employee is required by proper authority to work beyond the normal working hours for his position, he may be granted compensatory time off on an I! multiplier basis for the extra hours which he worked. Compensatory time must be taken prior to the end of the work week or one pay will be paid to the employee at the rate of time and a half times his normal rate of pay, in accordance with standards set by the u.s. Department of Labor. (2) Compensatory overtime must be author ized by the department head prior to the performance of overtime work and should be credited to the employee as soon as practical following the overtime work. (3) Each department head should make every effort to allow employees to use their earned compensatory leave as promptly as is mutually convenient for the department and the employee, however, an employee may be requi red to use his earned compensatory leave at any time. (4) A record of earned compensatory time will be maintained by the department head. V. HOLIDAYS Section 5.01 Official holidays. The following are holidays which shall be observed by all departments in which functions can be discontinued without adversely affecting required services to the public. (a) New Years Day, January 1 (b) Memorial Day, as applicable. (c) Independence Day, July 4. (d) Labor Day, first Monday in September. (e) Thanksgiving Day, designated Thursday in November (f) Friday after Thanksgiving (g) Christmas Eve, December 24. (h) Christmas Day, December 25. (i) One floating holiday to be used as City Board of Com- missioners sees fit when holidays fall one day from a weekend. - Section 5.02 Eligibility. All employees on the active payroll on the date of the holi- day shall be eligible for holiday pay at their regular rate of pay. Section 5.03 Work during holidays. Each eligible employee shall be given the number of desig- nated holidays each year. However, if the work requirements of the department is such that an employee is required to work on any of the holidays designated, he shall be credited with compen- - 8 - satory leave equal to I! the time which he is on duty. Section 5.04 Holiday falling on weekend. When a holiday falls on Saturday, the preceding Friday shall be observed as a holiday. When a holiday falls on Sunday, the following Monday shall be observed as a holiday. Section 5.05 Holidays during paid leave. Employees on annual or sick leave during periods when desig- nated holidays occur shall not have the day of the holiday charged against their accrued leave. - VI. ANNUAL VACATION Section 6.01 Eligibility. Only permanent employees shall earn annual leave. Tempor- ary, emergency or other part-time [employees] shall not be eligi- ble to accrue annual leave. Section 6.02 Accrual of annual vacation (based on continuous service-date of most recent hire.) For all city employees the following vacation schedule will apply. periods of service must be consecutive in order to be eli- gible for vacation benefits. Broken periods of service will not be accumulative in order to gain maximum benefits. For seniority purposes, service will be counted commencing with the latest per- iod the employee commenced working for the city. Employees must complete six months of satisfactory service before becoming eli- gible for leave. One to seven (7) years - Two (2) weeks vacation. Eight (8) to fifteen (15) years - Three (3) weeks vacation. Sixteen (16) years or over - Four (4) weeks vacation. Section 6.03 Use of annual vacation. (A) Annual vacation is intended to be used to provide a periodic vacation. However, earned annual vacation may be used for any other purpose when authorized by the department head. (B) Annual vacation shall be used only with the prior approval of the department head and shall not be authorized prior to the time it is earned and credited to the employee. Written vacation requests shall be submitted on the form provided through the supervisor to the Finance Director. Section 6.04 Holidays during vacation. e When an official holiday occurs while an employee is on annual vacation, that day shall not be charged against the employee's annual vacation balance. Section 6.05 Payment of earned annual vacation. (A) The only condition under which an employee can be paid for his unused annual leave is upon layoff or terminal separation from the City service and following six months of satisfactory service. Such payment shall be made at the employee I s current rate of pay. (B) In case of death of an employee, payment for unused - 9 - annual leave shall be made to the employee's beneficiary, estate or as provided by law. VII. SICK LEAVE (a) All City permanent employees shall earn and accumulate paid sick leave. Temporary, emergency and part-time employees shall not be eligible to earn or accrue sick leave. e (b) Permanent employees of the City of Ocoee will be cred- ited with one day of sick leave each month, totaling twelve (12) sick leave days per year. At the end of each fiscal year unused sick leave will be carried over up to thirty-six (36) days. Any amount in excess of twenty-four (24) sick leave days will be pur- chased back from the employee, at the end of the Fiscal year, eight hours pay for each day over twenty-four days accumulated. (c) The employee's personal illness, injury or exposure to a contagious disease; which would endanger others, are examples of when sick leave should be used. (d) Accumulated sick leave may be charged when an employee is on Workmen's Compensation or Disability Sick Leave, to supple- ment the employees benefit, up to the employees normal rate of pay. (e) Employees are responsible for insuring that their supervisors are notified each day when sick leave is used. (f) Supervisors will require employees to present a doc- tor's certificate from the employee's personal physician, that the employee is physically or mentally unfit to work when more than three (3) consecutive days of sick leave have been used. Medical justification will not be required for illness or inca- pacitation of three (3) days or less, however, supervisors will be notified by the employee daily when using sick leave. (g) An employee who is either terminated or resigned will be paid for all accumulated sick leave at that employee's current rate of pay at the time of termination or resignation. (h) The sick leave policy regulations and procedures, as adopted, shall apply to all personnel under the jurisdiction of the Board of City Commissioners and the City Manager. VIII. DISABILITY SICK LEAVE INSURANCE (a) All City probationary permanent employees shall be eli- gible for the disability insurance and life insurance the first of the month following thirty (30) days from the date of employ- ment. e (b) An employee who is disabled by illness or injury, which incurred sometime other than normal working hours or "off-duty", is entitled to Disability Sick Leave. The disability must not be a result from a self-inflicted injury or negligence. The employee must supply his supervisor with a physician's certifica- tion that the employee is unable to perform his duties. (c) Disability sick leave status shall continue during the period of actual disability to a maximum to ninety (90) calendar days. Should a disabled employee be unable to return to work at the expiration of the ninety day (90) period, the case shall be reviewed by the City's Merit System Board which shall recommend that the City Manager approve or disapprove the continuation of disabili ty sick leave status. If approved by the Ci ty Manager - 10 - the leave status shall continue for the duration of actual dis- abili ty, up to a maximum of an additional ninety days, after which it shall terminate, as mandated by State Laws. If dis- approved by the City Manager the disability leave status shall terminate immediately. (d) During the disability sick leave status time period an employee may use any accrued sick leave or vacation benefits accrued to supplement his disability sick leave benefits, up to the employees normal rate of pay. e (e) In addi tion to the time limi tat ions set forth above, disability sick leave status may be terminated by: 1. The employee's physician certification that the employee is physi- cally able to return to work. 2. Termination of employment of the employee, for any reason. 3. Entry into employment of any kind by the employee, including self-employment. (f) While on disability sick leave status an employee shall not accrue any regular sick leave benefits, or vacation benefits, but shall not loose their seniority of their job position. IX. WORKERS I COMPENSATION (a) It shall be the policy of the City of Ocoee to provide Workers' Compensation Benefits to any employee injured or incurs an illness related to the employee's activity while "on-duty". (b) Injury Reporting. All employees injuries, of any description or size, shall be immediately reported to the super- visor by the injured employee. The supervisor must insure that a "Notice of Injury" is completed. (c) An injured employee shall be paid regular salary for the first seven (7) days of his/her injury. On the eighth day, Workers' Compensation benefits will commence. The employee may, if he/she chooses, charge their accumulated sick leave or accu- mulated vacation benefits to supplement the Workers' Compensation benefits up to their regular rate of pay. If the employee does not have any benefi ts accumulated, the employee will only be entitled to the Workers' Compensation Benefit. (d) In the event an employee refuses medical care, a signed statement to this effect should be obtained from the employee and submitted with the accident report, by the supervisor. X. LEAVE OF ABSENCE Section 10.01 Administrative leave. ( A ) Cou r t : - (1) An employee who is subpoenaed as a prospective juror or as a witness shall be granted leave with pay. Fees paid by the court will be retained by the employee. (2) In no case shall administrative leave with pay be granted for court attendance when an employee is the defen- dant or is engaged in personal litigation, unless such actions are a result of an act performed by the employee as a part of his official duties as an employee of the City. (B) Elections: An employee who lives at such distance from his assigned work locations as to preclude his voting outside of working hours, may be authorized as much time a necessary, with pay, for this purpose. An employee shall not be granted adminis- - 11 - trative leave to work at the polls during elections. (C) Meetings: In cases where it is deemed by the depart- ment head to be benef icial to the Ci ty, an employee may be granted leave wi th pay to attend such professional meetings or conferences as may contribute to the effectiveness of his employ- ment. - (D) Examinations: An employee may be granted leave with pay while taking examinations before a federal, state or county agency, provided such examinations are pertinent to his ci ty employment. (E) Examinations for military service. An employee who is ordered, by his Selective Service Board, to appear for physical examination for induction into the military service shall be granted leave with pay for this purpose. Section 10.02 Maternity leave. (A) An employee may be allowed to remain in employment until the condi tion of pregnancy affects satisfactory job per- formance. The judgement of the supervisor will be final. This decision will take into consideration the written medical opinion of the employee's physician, the nature of the job regarding physical stress and the employee's ability to perform normal job duties with full efficiency. (B) The details of a maternity will be administered under the current policies set forth in the Merit Plan. Section 10.03 Military leave. (A) An employee who is drafted, or who is ordered to active duty in connection with reserve activities other than short term training shall, upon presentation of a copy of his official orders, be granted leave without pay extending ninety (90) calen- dar days beyond the date of separation from the military service. (B) All unused leave benef i ts shall be retained by the employee who shall have the same credi ted to his record if he applies for reinstatement to his position in accordance with "C" below. Dur ing such leaves of . absence. the employee shall be entitled to preserve all rights established by City policy. (C) Upon separations from the military service, the em- ployee must request reinstatement wi thin ninety (90) calendar days after separation. The city may require the employee to sub- mit to a medical examination to determine his fitness to perform the duties of the position to which he may be returning. If the employee volunteers for an additional tour of military duty, he shall forfeit his reinstatement rights. Section 10.04 Leave of absence general provisions. - (A) Return of leave of absence: An employee returning from leave shall be entitled to employment in the same department and the same, or equivalent, classification wherein employed when leave began. (B) Insurance coverage while on leave of absence: The City will continue to maintain group insurance ben- efits for employees while on leave with pay. - 12 - XI. DISCIPLINARY ACTIONS Section 11.01 Intention. It is the intention of the City Manager that effective supervision and employee relations will avoid most matters which necessitate disciplinary action. The purpose of rules and disci- plinary action for violating such rules is not intended to restrict the rights of anyone, but to insure the rights of all and secure cooperation and orderliness throughout the City service. Section 11.02 Disciplinary actions. . When it is necessary that disciplinary action be taken the action shall be based upon: the Disciplinary Procedures set forth in the Merit System. Section 11.03 The Merit System. [As specified in Ordinance No. 821, the Merit System is an expan- sion of this appendix.] Section 2. Subparagraphs (e), (f) and (g) of Section 10.2 of Ordinance No. 821 of the City of Ocoee, Florida are amended to read: tet ( e ) trt ~~e €~~er or Po~~ee Ptte~~e Wo~~~ B~~eeeo~ The City Manager. (f) tgt Architects, auditors, consultants, engineers, and others rendering temporary services. counsel, Section 3. Ordinance No. 821 of the City of Ocoee, Florida is amended to add subparagraph (d) to Section 10.4.3. (d) A probationary Permanent Employee may appeal a termination decision, of their employment, to the Mer i t System Board, by following the same procedures set forth for the griev- ance of a Permanent Employee, in this Ordinance and the Mer i t System. A Probationary Permanent Employee, however, will have no other grievance rights under the Merit System, aside from termination. Section 4. The Ci ty Manager shall make the appropr iate administrative changes in the Merit System handbook which are necessary to conform the handbook wi th Ordinance No. 821, as amended and Appendix C, as amended. Section 5. This ordinance by revision of Appendix C and amendment to Ordinance No. 821 is supplemented to and should be read with Ordinance No. 821. - Section 6. If any portion of this ordinance is determined to be void or otherwise unconstitutional the remaining portion of this ordinance shall remain in effect. Section 7. This ordinance shall become effective immedi- ately upon adoption by the Ocoee City Board of Commissioners. ADOPTED THIS 19th Day of November, 1985. Ocoee p I IV-V A~, ~ CITY CLERK l294JCH-5G - 13 -