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HomeMy WebLinkAboutOrdinance 89-44 * . . ! ~\ ORDINANCE NO. 89- 44 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PERSONNEL RULES AND REGULATIONS: REPEALING IN ITS ENTIRETY THE CURRENT APPENDIX "cn OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE ENACTED BY ORDINANCE NO. 934 AND ENTITLED PERSONNEL REGULATIONS: ADOPTING A NEW APPENDIX "cn TO BE KNOWN AS THE CITY OF OCOEE PERSONNEL RULES AND REGULATIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR 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 One. Short Title and Authoritv. A. This Ordinance shall be known and may be cited as the "CITY OF OCOEE 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 Chapters 163 and 166, Florida Statutes. Section Two. November 18, 1986, and Ordinances of the City their entirety. City of Ocoee Ordinance No. 934, adopted the present Appendix "C" of the Code of of Ocoee, Florida are hereby repealed in Section Three. A new Appendix "C" of the Code of Ordinances of the City of Ocoee, Florida is hereby adopted as set forth in Appendix "C" attached hereto and by this reference made a part hereof. section Four. 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 Five. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. ~ , , . ... ~ . >> 1989. PASSED AND ADOPTED this 21 day of ( SEAt.) For use and reliance only by the city of Ocoee, Florida. Ap~royed as to fOIB,and legality th1s ~ day of ~, 1989. FOLEY , LARDNER, VAN DEN BERG, BY:U r;r:Q'<Ur:;ifH City Attorney LBTMV1/4929 (2) 01-(81/01/89) November APPROVED: ADVERTISED November 9 , 1989 READ FIRST TIME November 7, 1989 READ SECOND TIME AND ADOPTED November 21 , 1989 APPROVED BY THE OCOEE CITY COMMISSION AT A MEETING HELD ON November 21 ,1989 UNDER AGENDA ITEM NO. VI B - 2 - ~ . . CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS Adopted by Board of City Commissioners November 21, 1989 Ordinance Number 89-44 . SECTION 1. 01 1.02 1. 03 1.04 1. 05 SECTION SECTION CITY OF OCOEE, FLORIDA PERSONNEL RULES AND REGULATIONS TABLE OF CONTENTS 1 GENERAL PROVISIONS Purpose Positions Covered Administration Amendments Department Policies 2 DEFINITION OF TERMS 3 POLICY STATEMENT 3.01 Policy of the City 3.02 Equal Opportunity and Non-Discrimination SECTION 4.01 4.02 4.03 4.04 4.05 4.06 SECTION 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 . SECTION 6.01 6.02 6.03 6.04 6.05 4 STANDARD OF CONDUCT Conflict of Interest Political Activity Employment of Relatives Outside Employment Solicitation and Distribution Use of city Property 5 RECRUITMENT AND APPLICATIONS Recruitment Request for Personnel Notice of Vacancies Applications Basis for Employment References Rejection of Unqualified Applications Processing Applicants Employment of Physically Handicapped Veterans' Preference in Appointment 6 NEW EMPLOYEES/CHANGES IN EMPLOYMENT STATUS New Employees Transfers Promotions Demotion Reemployment 1 1 1 1 1 2 3 7 7 8 9 9 10 10 11 11 12 13 13 13 13 13 14 14 14 15 15 15 17 17 17 18 18 19 SECTION . 7.01 7.02 7.03 SECTION 7 ATTENDANCE/OVERTIME Basic Work Week Attendance overtime or Compensatory Time 8 HOLIDAYS 8.01 Days Observed 8.02 Eligibility for Holiday Pay SECTION 9.01 9.02 9.03 9.04 9.05 9.06 9 PERSONAL LEAVE Types Eligibility Use of Leave Personal Leave - Vacation Accrual of Leave Unscheduled Personal Leave SECTION 10 10.01 10.02 10.03 10.04 10.05 10.06 10.07 LEAVE OF ABSENCE Funeral Leave Court Leave Conference Leave Maternity/Paternity/Adoption/and Child Care Leave Military Leave Personal Leave - Without Pay Disability Leave SECTION 11 11. 01 11.02 11. 03 11.04 11. 05 11. 06 11. 07 11.08 POSITION CLASSIFICATION PLAN Purpose Use Content Administration Allocation of Positions Position Studies Reclassification Position Control SECTION 12 PAY PLAN . 12.01 12.02 12.03 12.04 12.05 12.06 12.07 12.08 Purpose Content Administration Starting Rates Performance Salary Increases Promotion Demotion Temporary Assignment 21 21 21 22 23 23 23 25 25 25 25 25 26 26 27 27 27 27 30 30 31 31 33 33 33 33 34 34 34 35 35 37 37 37 37 38 38 38 38 39 SECTION 13 . 13.01 13.02 13.03 13.04 13.05 13.06 13.07 13.08 13.09 13.10 13.11 13.12 13.13 13.14 MISCELLANEOUS RULES AND BENEFITS 41 Employee Training and Development Performance Evaluation Group Insurance Deductions Pension Plan Unemployment Compensation Workers' Compensation Death Educational Incentives and Benefits Dress and Appearance Uniforms Lockers Exit Interviews Return of City Property 41 41 42 42 42 42 42 43 44 45 45 45 45 46 SECTION 14 I i 14.01 14.02 14.03 14.04 14.05 14.06 SEPARATION 47 Types of Separation Resignation Retirement Disability Death Reduction in Force (Layoff) 47 47 47 47 48 48 SECTION 15 15.01 15.02 15.03 DISCIPLINARY ACTION/TERMINATION 51 Intent Notice of Disciplinary Action Types of Offenses 51 52 52 SECTION 16 16.01 16.02 16.03 16.04 GRIEVANCE PROCEDURE 57 Purpose Grievance Procedure General Provisions Discharges 57 57 58 59 SECTION 17 17.01 17.02 17.03 RECORDS AND REPORTS 61 Responsibility Records Records Retention and Disposition 61 61 61 SECTION 18 . 18.01 18.02 18.03 SAFETY 63 Accident Prevention Accident Reporting Safety Equipment 63 63 63 . NOTE: For easier reading, masculine pronouns are used in this document to refer to all employees without regard to gender. . 1.01 . 1.02 1.03 1.04 . SECTION 1 GENERAL PROVISIONS Purpose The purpose of these Rules and Regulations is to establish procedures which will serve as a guide to administrative actions concerning personnel activities. Positions Covered A. These Rules and Regulations cover all employees in the municipal government except those who are exempt. Exempt positions are: Mayor and City Commissioners City Manager City Attorney Members of Boards and Commissions Personnel employed under the provisions of a contract or governmental grant shall be considered as exempt positions. Methods of appointment, rights and benefits will be determined by the City Manager, unless otherwise specified by the governmental agreement. Administration A. The City Manager is responsible for the administration and technical direction of City Personnel Rules and Regulations. B. Department Heads/Supervisors are responsible for the administration of these rules and regulations within their respective Departments/Divisions. Amendments A. Amendments to the Personnel Rules and Regulations shall be promulgated by the City Manager and passed by the City Commission. Copies will be posted on City bulletin boards and distributed to all City employees. B. There is established a committee from each division of .the City of Ocoee for the purpose of reviewing any amendment to the Personnel Rules and Regulations prior to submission to the City Commission for approval. ~ 1 . . 1.05 Department Policies A. Departmental policies and procedures will serve as supplements to these Rules and Regulations. In the event of conflict in any section, the Personnel Rules and Regulations shall prevail unless the departmental rule has been approved as an exception by the City Manager. B. Departmental policies and procedures will be reduced to writing and submitted to and reviewed by the City Manager. C. Approved changes in departmental policies shall posted on the respective bulletin boards distributed to the affected employees. be and 2 SECTION 2 DEFINITION OF TERMS . Anniversary Date The date an employee begins employment and from which all employee benefits are computed. Appeal An application for review of an alleged grievance submitted or instituted by an employee to higher authority. Classification The act of grouping positions in classes with regard to: duties and responsibilities, requirements as to education, knowledge, experience and ability; tests of fitness, ranges of pay and other job and business related factors. Classification Plan The official or approved system of grouping positions into appropriate classification. Compensation Plan - The official schedule of pay assigning rates of pay to each classification. Demotion Assignment of an employee from one classification to another which has a lower maximum rate of pay. Dismissal/Discharge Separation from City employment. Employee Classification: 1. Permanent Full-time Employee is any employee who is non- probationary and who works a minimum of thirty (30) hours per week. 2. Permanent Part-time Employee is any employee who works less than thirty (30) non-probationary hours per week. 3. Probationary Employee is any employee who completed the probationary period. has not 4. Temporary Employee is an employee appointed for a special project or other work of a temporary or transitory nature. 5. Contractural Employee is any employee hired for a specific task for a specific period of time at a specific rate of pay. . Grievance Procedure A detailed procedure established by these rules which provides employees full opportunity to bring to the attention of management, complaints, grievances or situations the emloyee feels need adjustment or information. Immediate Family Includes spouse, children, parent, brother, sister, grandparents, father-in-law, mother-in-law, son-in-law, daughter-in-law, legal guardian or any relative living in the same household. (This definition is for the purpose of funeral leave.) 3 . Insubordination The unwillingness on the part of an employee to adhere to the authority vested in the Department Head and City Manager as outlined in the Personnel Rules and Regulations or the refusal to obey a direct order or instruction by a managerial superior having the authority to issue such order or instruction, which does not jeopardize the employee's safety. Job Description characteristics. A written description of a job and its general Layoff A reduction of the number of employees due to lack of work or funds. Leave An approved type of absence from work as provided by these rules. May - The word "may" shall be interpreted as permissive. Nepotism Employees may not work under supervision of a relative as defined below. the immediate Overtime Actual hours worked during a work period or work day for which employees receive additional compensation at the rate of time and one-half their regular hourly rate of pay. Pay Increase An increase in compensation established in the compensation plan which may be granted to an employee based on outstanding performance and effort. Pay Range The salary range which is assigned to a particular classification title expressed as a pay range number. Performance Evaluation A written report of an employee's job performance prepared by immediate supervisor. Probationary Period A period of time (six months for sworn personnel in police and fire departments and three months for other employees) provided to allow the City an opportunity to evaluate an employee's performance, ability, and potential and to decide whether or not the employee is to be retained. Promotion Assignment of an employee from one class to another which has a higher maximum rate of pay. Promotion Date Is the date of a promotion and will constitute the new date upon which employees are to be evaluated on an annual basis. . Reclassification A change in classification, title, description and/or pay grade of a job or job classification. 4 . . Reinstatement good standing. Rehiring of a former employee who resigned in Relative Father, mother, son, daughter, brother, sister, grandparents, uncle, aunt, 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, grandchildren. Resignation employment. of voluntarily withdrawing City Act from Retirement Leaving the service of the City upon meeting the requirements set forth in the Retirement Plan. Shall The word "shall" will be interpreted as mandatory. Standby Assignment An assignment made by a supervisor requires an employee to be available for emergency work on duty time which may include nights, weekends, or holidays. which off- Suspension Temporary dismissal from work with or without pay. Transfer That action in which the employee moves from one position to another with no change in pay grade. Work Week Subject to section 7.01, the normal work week is five (5) days in a seven (7) consecutive day period for full time employees except those employed in the Fire Department; employees will be given reasonable notice in the event of a change in the work week. 5 3.01 . . SECTION 3 POLICY STATEMENT Policy of the City The City retains the right to expect from its employees satisfactory and efficient performance and 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 otherwise unacceptable may be subject to disciplinary action and may be terminated. In accordance with applicable laws, 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, assign, schedule and retain employees in with the City; transfer, positions 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 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; 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; 7 establish, change, or modify duties, tasks, responsiblities, or requirements within job descriptions in the interest of efficiency, economy, technological change, or operating requirements; . City employees shall have the right to form, join, and participate in, or to refrain from forming, joining, or participating in any employee organization of their own choosing. City employees shall have the right to be represented by an employee organization of their own choosing, to negotiate collectively through a certified bargaining agent with their public employer in the determination of the terms and conditions of their employment, and to be represented in the determination of grievances arising thereunder. Public employees shall have the right to refrain from exercising the right to be represented. Nothing in this section shall be construed to either encourage or discourage organization of City employees. 3.02 Equal Opportunity & Non-Discrimination A. There shall be no discrimination against any person in recruitment, examination, appointment, training, promotion, retention, or any other personnel action because of race, color, creed, sex, religion, age, national origin, marital status, handicap or legal political affiliation. B. Handicapped persons will be given full consideration for employment in all departments and agencies. Reasonable efforts shall be made to employ and retain handicapped persons in positions where a handicap will not impair performance. Physical standards will be fair, reasonable and adapted to the realistic requirements of jobs. Such standards will be based on complete, factual information regarding working conditions, hazards, and essential physical requirements of each job. Physical standards will not be used to arbitrarily eliminate handicapped persons from consideration. . 8 SECTION 4 STANDARD OF CONDUCT . 4.01 Conflict of Interest To avoid misunderstandings and conflicts of interest which could arise, the following policy will be adhered to by employees of the City. This policy is in accordance with Chapter 112.313 of the Florida Statutes entitled "Public Employees - Code of Ethics". A. Employees shall not accept any gifts, including Christmas gifts, favors or service that might reasonably tend to improperly influence them in the discharge of their official duties. B. Employees shall not use or attempt to use their positions to secure special privileges or exemptions for themselves or others, except as may be provided by policy and/or law. 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. D. Employees shall not gained by reason of they otherwise use gain or benefit. disclose confidential information their official positions, nor shall such information for their personal 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 or religious organizations. . G. Employees shall not have personal investments in any enterprise which will create a substantial conflict between their private interests and the public interest. 9 4.02 Political Activity . 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. 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. D. The use of City of Ocoee equipment or vehicles for political purposes is expressly prohibited. 4.03 Emplovment of Relatives A. In accordance with Florida Statute 116.111 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 City or agency in which he is serving or over which he 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 the City if such appointment, employment, promotion or advancement has been advocated by a public official, serving in or exercising jurisdiction (supervision) or control over the City, who is a relative of the individual. . (1) "Public official" means an officer, or employee of the City in whom is vested the authority by law, rules or regulations, or to whom the authority has been delegated, to appoint, employ, promote or advance individuals for appointment, employment, promotion, or advancement in connection with the employment in the City. (2) "Relative", with respect to a public official, means an individual who is related to the public official as father, mother, son, daughter, brother, sister, grandparents, uncle, aunt, first 10 . 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. All employees working under the past policies will be grandfathered into this system. However, under no circumstances will a member of a family be transferred or promoted to a position where that person has the responsiblity for recommending another relative for promotion or advancement. 4.04 Outside-Employment 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. B. Employees sustaining injuries while engaged in outside employment are ineligible to receive benefits under City Workers' Compensation on account of disability resulting from the outside employment. C. Equipment, facilities, vehicles or property of the City shall not be used by employees for outside employment. 4.05 Solicitation and Distribution A. Employee contributions to recognized charitable organizations are purely voluntary. No coercion of an employee to make contributions shall be permitted. B. A City employee is prohibited from soliciting any other employee of the City for any reason during his working hours or the working hours of the employee sought to be solicited. C. City employees are prohibited from distributing literature during working hours in any area where City work is performed. . 11 . . 4.06 Use of City Proper tv Employees shall not use City property, equipment, vehicles except in the performance of official duty, permit their use by an unauthorized person, either on off duty. Employees will be allowed to use vehicles to from work by permission of the city Manager. 12 or nor or and . 5.01 5.02 5.03 5.04 . SECTION 5 RECRUITMENT AND APPLICATIONS Recruitment Individuals shall be recruited from a geographic area as wide as is necessary to assure obtaining well-qualified persons. In cases where City residents and non-residents are equally qualified for particular vacant positions, City residents shall receive first consideration in filling vacancies. Request for Personnel Departments will submit requests to the City Manager for persons to fill vacancies and shall include the title of the position to be filled and other information as may be needed. Requests for personnel should be made reasonably far in advance of actual need when circumstances permit. Notice of Vacancies A. All vacant positions within the City of Ocoee shall be posted in the respective departments for five (5) working days prior to publicizing vacancies in various media. B. 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. C. The City Manager in conjunction with Department Heads shall prepare recruiting notices to publicize vacancies and to provide candidates for vacant postions. Various media of publicity shall be used as might be expected to bring notice of vacancies to as many qualified persons as possible. Vacant positions shall be posted in respective departments. Applications A. Applications must be made on a standard form designed and prepared by the Personnel Office. This form must be completed personally by the applicant. B. Applications for City service positions shall be active and considered by the Personnel Office for a term of one (1) year from date the application is filed, unless the application becomes void by virtue of some other rule. 13 5.05 . 5.06 5.07 . Basis for Employment Employment with the City shall be based on comparative qualifications, experience, skill, past work record, physical and mental ability, education, attitude and other performance factors as evidenced by: A. Training and experience as reflected by the application form and other documentation or certification, registration, etc. as requested. B. Written examination or performance tests when deemed appropriate by the City. C. A pre-employment physical examination. (1) The physical examination shall be performed and evaluated by the City's designated physician under standards established by the City. (2) Medical examinations performed within the past six months may be accepted in lieu of a new examination. D. Interviews of the best qualified applicants, where appropriate. E. Other evidence bearing on the applicants ability and willingness to perform in an efficient manner the requirements of the job. References As part supervisors, of the pre-employment procedure, former employers and references shall be checked. Rejection of Unqualified Applications A. The Department Head may reject out of hand any application which indicates that the applicant does not possess one or more of the requirements as specified in the job announcement. B. Applicants may also be rejected if the applicant is physically or otherwise unfit for the job. 14 5.08 . 5.09 5.10 . Processinq Applicants A. When it has been determined that an applicant has necessary qualifications, an interview will scheduled with the appropriate Department Head designee. If the Department Head wishes to employ applicant, he will notify the Personnel Office. the be or the B. Before final processing, the applicant must: (1) Present a Social Security Card* or other evidence showing applicant's social security number (may not be a metal or plastic reproduction or have printed on its face "not valid for employment purposes.") (2) Present a state-issued driver's license* or state-issued identification card containing a photograph or appropriate identifying information. (3) Present proof of education. (4) Present verification of date of birth. (5) Be subject to a background investigation. (6) Pass a physical examination. C. Applicants for positions in Public Safety must complete an agility examination and background investigation. Employees in these public safety positions may be required to take a polygraph interview. *NOTE: Other documents may be substituted to establish identity and/or employment eligibility as approved by the Immigration and Naturalization Service. Employment of the Physically Handicapped Physically handicapped persons shall be considered for employment, provided they execute a prescribed form acknowledging the pre-existence of their condition and certifying that they have been fully informed regarding the duties and working conditions of the position in which they are to be employed. Veterans' Preference in Appointment 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 as required by Chapter 22VP-1 of the Florida Administrative Code. A copy of Chapter 22VP-1 is available in the Personnel Office. 15 . 6.01 6.02 . SECTION 6 NEW EMPLOYEES AND CHANGES IN EMPLOYMENT STATUS New Employees A. Probationary Period - The probationary or "working test" period is used to observe the newly appointed full time employee's work, and to reject any employee whose performance is not satisfactory for any reason. (1) The probationary period shall be three (3) months for all employees except six (6) months for certified personnel in police and fire departments from date of appointment to full time status. (2) When the full time employee successfully completes the probationary period he will be placed on regular status. B. Evaluation of Performance - During the period the Department Head shall request the supervisor's observation of the employee's willingness and ability to job duties satisfactorily. probationary a report of probationary perform the C. Dismissal During Probation (1) If a probationary employee has been found to be unqualified to perform, will not properly perform the duties of the position, or is otherwise unacceptable for any reason, the employee may be dismissed by the Department Head. (2) The Department Head must coordinate this action with the Personnel Office and the City Manager. The employee does not have the right of administrative appeal. Transfers A. With the approval of the Department Heads concerned and the City Manager, an employee may be transferred. B. Department Transfer - Same Classification: If an employee is transferred to another department with the same job classification the transfer will not change the employee's pay grade, pay rate, or anniversary date. (1) If the employee has been employed less than three (3) months [six (6) months for certified personnel in police and fire], he must serve a 17 . 6.03 6.04 . three (3) months [or six (6) months] trial period in the new department. (2) A permanent employee does not lose his permanent status as a result of transferring in the same job classification. c. Transfer of Physically Incapacitated - If an employee becomes physically incapacitated for the performance of duties, the City Manager may transfer the employee to a position in the same or a lower class which he has the ability to fill, if the transfer is in the best interest of both the City and the employee. Promotions A. Vacancies in positions above the lowest rank in any category will be filled as far as practical by the promotion of employees within the City. B. In the case of equal qualifications, the City employee with the most seniority shall prevail. C. The probation period for purposes of promotion will be a minimum trial period not to exceed three (3) months [six (6) months for certified personnel in police and fire departments] from the new anniversary date. D. In the case of a regular City employee who does not receive promotion as the result of an interview, the Department Head/City Manager shall advise the employee in writing why he was not promoted. Demotion An employee may be demoted to a classification grade for which he is qualified for any of the reasons: of lower following A. When an employee would otherwise be laid off because the position is being abolished. B. When an employee does qualifications to render position he holds. the necessary service in the not possess satisfactory C. If an employee voluntarily requests such demotion the employee will be given consideration if a vacancy exists. 18 . . 6.05 Reemployment A. An employee who has resigned with a good record may at the option of the City be rehired, if a vacancy exists. B. Rehired employees are considered new employees. C. Probation period for rehired employees shall be for a minimum trial period not to exceed three (3) months [or six (6) months for certified personnel in police and fire departments] from the new anniversary date. D. Veterans will be shown required by Chapter Administrative Code. preference in reemployment as 22VP-1.011 of the Florida 19 . . 7.01 7.02 SECTION 7 ATTENDANCE/OVERTIME Basic Work Week A. The basic work week should average forty hours under normal situations unless otherwise specified or scheduled by the City Manager to meet particular requirements of individual departments. However, the City Manager may establish the basic work week and hours of work best suited to meet the needs of the departments and to provide superior 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. The basic work week shall be from Monday through Friday of each week unless specified or scheduled by the City Manager to meet the particular requirements of individual departments. When the City Manager deems it necessary, work schedules may be established other than the basic Monday through Friday schedule. C. Lunch periods are scheduled at the discretion of the Department Heads or designee. Attendance A. Each Department Head is responsible for the punctual attendance of all persons in the department. B. All employees are expected to report for duty nt the scheduled time. C. If an employee is unable to work for any reason, he must notify his department as soon as possible prior to the scheduled reporting time. D. Habitual or unjustified absenteeism or lateness will result in disciplinary action and/or termination. 21 7.03 . . Overtime or Compensatory Time A. 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. Compensatory time shall be given in lieu of overtime pay and under the same considerations as overtime pay. B. All authorized and approved work performed by full time employees in excess of their scheduled work week and all hours in excess of forty (40) in a work week for all other employees except for 24 hour shift Fire Department employees shall be considered as overtime and shall be paid for hours worked at the overtime rate of one and one-half times the employee's straight time rate or shall accrue compensatory time at one and one-half times the employee's straight time rate. C. For the purposes of overtime or compensatory time computation, unscheduled leave, funeral leave, jury duty, annual military leave and other absences from duty whether paid or not shall not be considered as time worked, except that paid holidays and scheduled leave not worked shall be counted as eight (8) hour days. D. Employees shall be required to work overtime or compensatory time 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. The request, if approved, shall remain in force until rescinded by the employee to his immediate supervisor or until it becomes required and necessary to assign and schedule this employee to overtime work. E. At the time overtime (or compensatory time) work is required and necessary, the work shall be performed by employees who have not requested to be excused from such assignment. In the event overtime work is required and the department cannot otherwise schedule the required number of employees, then those employees who have approved requests on file excusing them from overtime work shall be assigned and required to work such overtime. F. All compensatory time accrued shall be paid dollar for dollar to employees upon resignation or termination. 22 . 8.01 8.02 . SECTION 8 HOLIDAYS Davs Observed A. When a holiday falls on a Friday shall be observed holiday falls on a Sunday, be designated a substitute official holiday. Saturday, the preceding as the holiday. When a the following Monday shall holiday and observed as the B. The observed holidays are: January 1 May - Last Monday July 4 September - First Monday November - Fourth Thursday November - Day after Thanksgiving December 24 December 25 (Scheduled by City Manager) New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Christmas Eve Christmas Day Floating Holiday Eliqibilitv for Holidav Pay A. All holidays earned must be taken as time off or paid on the same day that it is earned except for public safety. B. Employees on scheduled leave, annual military leave, jury duty, unscheduled leave, funeral leave or other absences from duty but on active pay status on the day the holiday is observed must use the holiday on the same day that it is earned, except for public safety. C. An employee must be on authorized leave or work his normal schedule of hours, on the regularly scheduled working day immediately prior to a holiday and the regularly scheduled working day immediately following a holiday, in order to qualify for the holiday time or pay. To call in sick the day before does not constitute authorized leave without a doctor's excuse. D. by their holiday holiday the day charged Employees who are scheduled and required supervisor to work on the day observed as a must work that day to be eligible to receive pay. An employee who is scheduled to work on observed as a holiday and reports sick will be with the holiday for that day. 23 . . E. An employee assigned and scheduled to work on a holiday, and who in fact does work, shall receive his usual day's pay and an additional eight (8) hours at one and one-half times his straight time rate of pay unless he has not worked over forty (40) hours per week. F. Holidays shall not be accrued except in public safety and shall not be taken in hourly increments. 24 . 9.01 9.02 9.03 9.04 . SECTION 9 PERSONAL LEAVE Tvpes Personal leave shall consist of leave earned as a result of the accrual of vacation and sick leave. Eliqibilitv A. All permanent employees will be allowed to accrue annual leave and sick leave with pay. B. Part-time permanent employees will earn leave at a rate proportionate to their scheduled hours. C. Temporary and contractural employees will not earn leave. D. Probationary employees shall earn leave but shall not be permitted to take same until they are permanent employees. Use of Leave A. Vacation leave. B. sick leave.* C. Absences for transaction of personal business which cannot be conducted during off duty hours. D. Religious holidays other than those designated by the City Commission as official holidays. E. Employees who become sick on vacation leave may use sick leave with a doctor's certificate. F. Caring for immediate family members who are ill. * Request for scheduled leave - sick leave. In the case of a planned medical need, the employee should advise the Department Head of that need as soon as he is aware of it. Personal Leave - Vacation A. For 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. 25 . 9.05 9.06 . B. In the case of two employees requesting leave for the same time period, seniority shall prevail. c. Department Heads should prepare a yearly schedule for vacation leave based upon seniority from date of hire. strict adherence to the schedule should be required. Accrual of Leave A. Permanent full-time employees earn personal leave as follows: One to seven years of service Eight to fifteen years of service - Sixteen years + 22 days 27 days 32 days B. A permanent full-time employee can accrue up to 360 hours of personal leave. In all cases, employees must take a minimum of 80 hours personal leave (vacation) each year or will lose said time for purposes of accrual. Any additional personal leave (vacation) can be accrued. C. All personal leave over 360 hours shall be reimbursed to the employee in the first pay period in December of each calendar year on a dollar for dollar basis. D. The accrual of personal leave (sick) shall have no limitations other than the payment of all hours over 360 in the first pay period in December. Unscheduled Personal Leave A. The payment of unscheduled leave shall be determined on a case by case basis. If such leave could have been scheduled and therefore was unwarranted, the employee shall not be paid for the day's absence. B. In the case of an illness, the employee should notify his department head as soon as possible, but not later than one hour before start of work - where possible. 26 SECTION 10 LEAVE OF ABSENCE . 10.01 Funeral Leave A. Permanent employees 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. (See Section 2 for definition of immediate family.) B. Upon allow deaths family request, the City Manager for good reason may paid Funeral Leave under Section 10.01 (A) for involving other close members of an employee's or associates. C. Funeral Leave shall not be charged to any other kind of leave. 10.02 Court Leave A. Employees attending court as a witness on behalf of a public jurisdiction or 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. B. Full time employees subpoenaed as witnesses to testify in a court or administrative proceeding during scheduled work hours are eligible for leave with pay. Employees who are plaintiffs or defendants are not eligible for leave with pay, unless they are a defendant based on their activities in behalf of employment with the City. C. Employees who attend court for only a portion of a regular scheduled workday are expected to report to their supervisor when excused or released by the court. 10.03 Conference Leave A. The City Manager may grant conference leave with pay, together with the necessary travel expenses in order that employees may attend conferences, schools and similar events designed to improve their efficiency, if considered to be in the best interest of the City. . B. The need for travel for which reimbursement may be claimed by officials and 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 27 authorization prescribed in these Regulations. (1) The City Manager or his designee shall authorize travel for City employees. . (2) A travel expense report which shall be used by all travelers requesting reimbursement for travel expenses shall be completed. The report will be filed within seven (7) working days after completing the authorized travel. (3) All travel must be by a usually traveled route. If a person travels by an indirect route for his own convenience, any extra costs shall be borne by the traveler, and 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 person authorizing the travel, keeping in mind the best interests 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 will be reimbursed at the rate of twenty-five cents (.25) per mile. When travel is by public transportation, necessary taxi, limousine, or car rental fares and parking fees are reimbursable. (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, he shall be allowed to have one personal call reimbursed per day providing that the time limit of that call is reasonable. No other personal calls are reimbursable. ( 6 ) Gratuities (tips) are recognized part of the cost of travel and a against the City, when such necessary. All payments of this kept at the minimum. as a legitimate proper charge expenses are type should be . ( 7 ) Registration fees, including meals and programmed affairs, are reimbursable presentation of receipts. other upon 28 ( 8 ) All travelers may be allowed fifty dollars (50.00) per diem for meals, miscellaneous expenses such as public transportation, tips, and outside hotel parking. The City shall pay the actual cost of lodging which must be accompanied by a receipt. . 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 professionals, 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 rate per attendee. (9) 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. (10) Travelers may obtain travel advances when approved by the person authorizing the travel. All advances shall be accounted for within seven (7) working days after completion of the authorized travel. (11) The City will not reimburse expenses for spouse and family. limited to the traveler. for travel or Reimbursement is (12) While entertainment on behalf of the City, under certain circumstances and conditions, clearly meets a public purpose, these instances require prior approval by 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 City's records. . (13) When the City agrees to reimburse a job applicant for his expenses to corne to an interview (air fare, motel and meals) the meal allowance applied will be consistent with the existing City travel policy. (14) 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. 29 10.04 Maternitv/Paternity/Adoption/and Child Care Leave A. An employee who is required to be absent from work for maternity reasons shall be entitled to leave under Section 10.07 and may upon request be granted a leave of absence under the following conditions for child care. . (1) In order to provide for uninterrupted coverage of the position the employee will notify the supervisor in writing at least four (4) weeks prior to the anticipated date of departure, stating the probable duration of the leave. For purposes of adoption this requirement may be waived. (2) The employee may be granted a leave of absence up to a maximum of three (3) months of which six (6) weeks may be disability pay due to pregnancy and six (6) weeks may come from accrued personal leave. ( 3 ) While on employee kind. leave of absence without will not accrue personal leave pay of the any (4) The medical plan insurance for both employee and family shall remain in force while on leave of absence. (5) The employee shall be entitled to return to the job held prior to the leave provided the employee is physically and mentally able to perform the functions of the job. 10.05 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 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. 30 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 such 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. In the event an employee is drafted into military service, the employee shall be reinstated to City employment upon completion of military obligation. 10.06 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) weeks upon approval by the City Manager. B. If the employee does not return to work, his termination date for all purposes will be the last day of actual employment with the city. C. No personal leave will be earned by an employee for the time he is on leave of absence. D. The employee's insurance plan shall be continued during the employee's leave of absence. 10.07 Disability Leave A. 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. In order to effectuate this policy, these procedures should be followed for all medical disability leaves: (1) An employee who is reasons, including be granted, upon absence. unable to work due to medical pregnancy or childbirth, will request, an unpaid leave of . 31 . (2) Except in cases of emergency, the employee will become eligible for a leave of absence when his doctor certifies that the employee is unable to perform duties due to his or 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. (3) The employee may utilize any accrued and unused personal leave while out on a disability leave. While on a leave of absence, however, an employee will not accrue any personal leave or any other benefit. (4) The employee shall be required to return to work not later than the last day of the leave granted, unless prior to that time, the employee has obtained permission from the City to extend the medical leave or has applied for and been granted additional time off as allowed by these rules. (5) The employee shall be entitled to return to the job he left provided he is physically and mentally able to perform all the functions of his job. (6) The medical plan insurance shall be continued while on disability leave. (7) The disability leave shall not exceed six (6) months. . 32 SECTION 11 POSITION CLASSIFICATION PLAN 11.01 Purpose ~ The Position Classification Plan provides a systematic arrangement and inventory of City Service positions. The plan groups the various positions into classes based on the range of duties, responsibilities, and level of work performed. 11.02 Use The Classification Plan will be used to: A. Determine qualifications announcements and content. and to prepare job B. Standardize salaries to be paid for the various classes of work. C. Establish lines of promotion and career ladders. D. Assist in developing employee training programs. E. Provide uniform job terminology. 11.03 Content The Classification Plan consists of: A. A grouping of positions into classes on the basis of approximately equal skill, job knowledge, difficulty and responsibility, which require the same general qualifications. B. A Class Title, indicative of the work of the class, which is used on all personnel, accounting, budget, and official records. C. Class Descriptions for each classification showing the nature of work, relative responsibilities, illustrative duties, requirements of the class, setting forth the knowledge, abilities and skills, and the training and/or experience needed. ~ 33 11.04 Administration A. The City Manager is charged with maintenance of the Classification Plan so that it will reflect the duties performed by each employee and the class to which each position is allocated. It is the duty of the City Manager to have the nature of the positions examined as they are created, to have them allocated to an existing class, create new classes and to make changes in the Classification Plan as are made necessary by changes in the duties and responsibilities of existing positions. . B. The City Manager will maintain the entire plan recommend appropriate changes in allocations or the Classification Plan as needed. and in 11.05 Allocation of Positions A. Whenever a new position is established or duties of an existing position changed, the City Manager shall prepare, in cooperation with the responsible Department Head, a Class Description describing the duties of the job. 11.06 Position studies A. The City Manager is charged with the responsibility of having audits made of positions. Position audits may be initiated by written request to the City Manager from: (1) The Department Head located. where the position is ( 2) The incumbent of the position to be audited. employee must process the request through Department head for review and comments. The the B. Position information will be gained through completion of a Position Classification Questionnaire by the incumbent or by the supervisor of the position (if the position is vacant) and through study of the position by the staff of the Personnel Office. c. The Department Head will review and make recommendations to the City Manager for all proposed new positions, changes, and Class Descriptions. . 34 . . 11.07 Reclassification A. When the incumbent of a position is officially assigned more difficult and significant additional responsibilities and duties, the Personnel Office will perform a study of the duties and responsibilities of the position. B. If it is determined that the position should be reallocated to a higher level, the City Manager may require the incumbent performing the work in question to undergo a prescribed test of fitness, depending on the conditions of the reclassification. 11.08 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 upon approval of the City Commission. 35 . . 36 BLANK . 12.01 SECTION 12 PAY PLAN Purpose The Pay Plan, which is directly Classification Plan, is the basis of employees and is constructed to reflect: the for related to compensation A. Relative difficulty and responsiblity between the classes of work within the City Service. B. Prevailing rates of pay for similar types of work in private and public employment in the labor market where the City recruits for employees. C. Availability of applicants to fill positions in the City Service. D. Economic conditions of the area. E. Financial policies of the City. F. Other business and operational considerations. 12.02 Content A. The Pay Plan includes a Salary Schedule as adopted by the City Commission. B. The Salary Schedule includes pay ranges and the compensation attached to the ranges. 12.03 Administration . A. The City Manager with such assistance as required, shall prepare the Pay Plan for the classes of work in the City Service. The Plan will be presented to the City commission for approval and adoption. B. Amendments to the Pay Plan may be considered by the City Manager when changes of responsibilities of work, availability of labor supply, prevailing rates of pay, the City's financial condition and policies, or other pertinent economic, business or operational considerations warrant such action. 37 12.04 Startinq Rates A. The minimum salary established for a classification is the normal appointment rate for a new employee. . B. Appointments that are above the minimum salary may 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. 12.05 Performance Salary Increases A. Performance salary increases are not automatic. Evidence of above satisfactory service must be reflected in the employee's Performance Evaluation prior to approval of a performance increase. B. Supervisors are responsible for acc~rate and prompt submission of Employee Performance Evaluation reports. C. Approved performance increases will be effective upon the designated date of the evaluation. 12.06 Promotion An employee may be promoted to a job classification with a higher maximum rate of pay upon meeting the requirements for that position. Upon promotion, the employee shall have his pay grade, pay, and classification date adjusted as follows: If his present position, the increase of Department promotion. Manager. salary is above the minimum for the employee shall receive a 5% increase. more than 5% may be recommended by Head depending upon the circumstances of Approval must be received from the new An the the City 12.07 Demotion When an employee is within the range of will not exceed designated for the demoted, his pay schedule shall be the job into which he is demoted the maximum rate of the pay lower classification. set but grade . The anniversary date for evaluation and performance pay increases of an employee who is shall be changed to the date of the demotion. possible demoted 38 . . 12.08 Temporary Assignment When an employee is temporarily assigned to a position in a higher pay grade, he may receive the appropriate pay for that grade. The temporary assignment must be for a minimum period of two (2) weeks (10 working days) in order to qualify for the higher pay, and the employee shall be paid from the first hour of work in the position. 39 SECTION 13 MISCELLANEOUS RULES AND BENEFITS . 13.01 Employee Traininq & Development It is the responsibility of the City Manager in conjunction with Department Heads and the Personnel Department, to foster and promote in-service training of employees. 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 the City Service. Department Heads in cooperation with the Personnel Office 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 Personnel Office will provide assistance to Department Heads in developing and conducting training to meet specific needs of their departments and to assure that supervisory and management training are available to all departments. 13.02 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 permit the evaluation of the employee's performance and attitude as accurately and as fairly as is reasonably possible. The ratings shall be set forth on the authorized Personnel Evaluation forms. The evaluator upon receipt of the employees evaluation form from the Personnel Department, shall complete the evaluation and give a copy to the employee at least ten (10) working days prior to his anniversary date. The employee shall be entitled to respond to the evaluation within five (5) working days of receipt of a copy from the evaluator. The evaluator shall transmit the evaluation and the employee's comments, if any, to the Personnel Office no later than five (5) days prior to the employee's anniversary date. The overall performance rating shall be used as a guide for determining the need for training, the desirability of performance increase, and as a factor in arriving at promotions and other job actions. . 41 13.03 Group Insurance A. The City provides group insurance protection for its employees. Benefits provided are explained at the time of employment. Booklets describing coverages are available for all employees in the Personnel Office. . B. Employees must notify the Personnel Office if they change their marital or dependent status so that the steps necessary to change health insurance coverage may be completed. Notification of any change of status is the employee's responsibility. 13.04 Deductions Federal Withholding and Social Security are deducted from pay checks in accordance with law. Voluntary deductions are made only by request of the employee and the approval of the City Manager. 13.05 Pension Plan The City provides a Pension Plan for all qualifying employees to guarantee a monthly life income after their retirement. Details of the plan are maintained in the Personnel Office and available to all covered employees. 13.06 Unemployment Compensation 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 may be eligible to receive unemployment compensation benefits. Copies of bulletins containing an explanation of employee's rights and responsibilities are available through the Personnel Office. Any correspondence received by employees unemployment compensation must be forwarded Personnel Office immediately upon receipt. regarding to the 13.07 Workers' Compensation The City provides Workers' Compensation for all employees injured on the job. . 42 . . 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 compensation as set by Compensation Law, and the to normal compensation. employee will receive the the Florida State Workers' City shall pay a supplement (1) Supplementary compensation by the City shall not be paid if the injury to the employee was the result of gross negligence. In the event the negligence of an employee is in question, a committee shall be formed composed of the City Manager, the Department Head, and an employee selected by the injured employee, to study the case and determine if the full payment should be made. C. (1) Employees out on Workers' Compensation shall accrue all leave while on Workers' Compensation. (2) Personal Leave or Holiday Leave may not be used while out on Workers' Compensation. 13.08 Death All compensation and benefits due to the employee as of the effective date of separation shall be paid to the surviving spouse, beneficiary, or to the estate of the employee as determined by law or by executed forms in the employee's personnel folder. 43 13.09 Educational Incentives & Benefits The City may authorize payment for tuition and books for courses or seminars subject to the following: A. The course or curriculum shall be related to the employee's job or contributory to the long-range value of the employee to the City. . 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 do not apply. 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 school, post high school, and adult levels. at the high educational (3) No more than two courses per quarter or semester (or equivalent period of time) may be taken unless permission is obtained from the City Manager. (4) Application for tuition must be filed prior to enrollment in the course and must have the approval of the Educational Committee in advance. The Educational Committee shall be made up of the City Manager, a City Commissioner, and an employee who shall be selected by City employees from the general work force. (5) The employee shall be responsible to supply the Committee with a final grade, certification, or degree. The employee shall reimburse the total cost of tuition and books if he fails to successfully complete the course or seminar. For courses for which an employee receives a grade, reimbursement to the City will be as follows: Grade Reimbursement . A B C 0% 25% 50% (6 ) The employee who receives any benefit whatsoever under this program shall be required to sign an agreement which states that he will remain with the City for at least two years from date money is received, or shall reimburse the City for 44 ~r """,,""' . ,'~.t{"'- every dollar given upon termination. (7) The City will attempt to rearrange work schedules for classes if it does not interrupt the normal work flow. . 13.10 Dress and Appearance 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. 13.11 Uniforms A. The employees in specified classifications shall be issued standard uniforms and safety items. B. Procedure for issuance of uniforms and safety items provided for the employee by the City shall be governed by departmental policies in accordance with the Uniform Receipt and Request forms signed by the employee. 13.12 Lockers A. Uniformed employees may request a locker if available. B. Employees must provide locks. C. The Department Head may inspect an employee's locker in his presence at any time for any reason. 13.13 Exit Interviews A. The purpose and intent of the Exit Interview is to provide management with information as to why and in what areas employees may be dissatisfied with their jobs. This information may, in turn, improve our system and reduce our turnover rate. B. Where possible, each employee who resigns from the City will be interviewed by the Personnel Office and must complete an Exit Interview form. The completed Exit Interview form and interview information is to remain with the Personnel Office and be utilized to improve the Personnel Management System. Under no circumstances is anyone but the Personnel Office person and the City Manager permitted to see the Exit Interview. . 45 . . 13.14 Return of City Property 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 Head. Any monies due the City because of any shortages shall be collected through appropriate action. 46 SECTION 14 SEPARATION 14.01 Types 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. Dismissal 14.02 Resiqnation A. Resignation is the separation of an employee from the City service through the submittal of a notice that he wishes to resign. B. Employees wishing to leave the City service in good standing shall notify their immediate supervisor at least ten (10) working days before leaving. Failure to do so may be cause for denying such employee reemployment by the City. C. Unauthorized absences from work for a period of three (3) days will be considered as the employee's voluntary resignation by the Department Head. 14.03 Retirement Retirement is a separation employee will be provided Additional copies may Personnel Office. from the City. Each covered a copy of the retirement plan. be obtained from the City 14.04 Disability . If, in the opinion of the Department Head an employee not able to perform effectively in the employee's work to physical reasons, the Department Head may request the employee be examined by a physician designated by City. If a disability is discovered which impairs effectiveness of the employee or makes continuance on job a danger to himself or others, the following action be taken. is due that the the the may 47 A. If the disability is correctable, the employee will be allowed a time, specified by the physician, for correction. If the employee fails to correct the disability within the specified time, the employee shall be subject to retirement, dismissal, or disability. The employee shall have the right in each case of a second opinion, either using a doctor selected by the City or a doctor selected by the City's doctor and the employee's doctor. Benefits, if any, are as provided in the City Retirement and Disability Plans. . B. If, in the opinion of the examining physician, the disability cannot be corrected, the City will attempt to place the employee in another position which he or she can perform or otherwise attempt to reasonably accommodate him. If reasonable accommodation cannot be effected, the City shall take steps to separate the employee from the City service either through retirement, dismissal, or disability. The employee shall have a right in each case of a second opinion, either using a doctor selected by the City or a doctor selected by the City's doctor and the employee's doctor. Benefits, if any, are as provided in the City Retirement or Disability Plans. 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 the position, 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. 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 consider length of service in the classification 48 and ability to perform the job. In the event two or more employees in the same classification are of relatively equal ability, the employee with the least amount of continuous service in the class shall be laid off. . E. Permanent employees laid off shall be given consideration for openings in their classification or in other classifications which in the opinion of the City Manager, or his designee, the employee is qualified to perform for up to six (6) months; recall will be offered to laid off employees provided they are physically and otherwise qualified to perform the duties of the job. When openings arise within a job which regular employees are on lay consider all employees on layoff. classification in off, the City will The City shall fill the vacancy with the person best qualified to perform the work; however, as between employees of relatively equal ability, the person with longest service as a City employee in this class shall be given preference. The City's obligation to so consider laid off employees shall terminate after the employee has been on layoff continuously for six (6) months. F. An employee with more seniority in a department may displace another employee in the department if there is a reduction of force situation and the senior employee can perform the work. The senior employee will receive a rate of pay commensurate with the new grade he is in. The displaced employee may replace any other employee in the department based upon seniority and equal ability. The least senior man in the department displaced may then displace an emloyee on a city-wide basis with less seniority if he is equal in ability. G. In all covered positions where layoffs are necessitated, preference in retention shall be given to veterans as required by Chapter 22VP-l.015 of the Florida Administrative Code. . 49 SECTION 15 DISCIPLINARY ACTION/TERMINATION 15.01 Intent . . A. It is the intent of the City that supervision and employee relations will matters which necessitate disciplinary violation of rules and other conduct unacceptable. effective avoid most action for which is 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 on a case-by-case basis. The City recognizes disciplinary action: following of the types (1) Verbal warning (2) Documented verbal warning (3) Written warning (4) Suspension with pay (5) Suspension without pay (6) Demotion (7) Combination of the above (8) Discharge C. Permanent and permanent part-time employees may be demoted or discharged for any reason set forth in Section 15.03 as a Group I or Group II offense, or for any other just cause. D. 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 form of discipline be utilized in any case prior to the utilization of another form of discipline. In determining the discipline to be utilized in a particular case, management shall consider the severity of the offense, the cost involved, the time interval between violations of similar or other rules of conduct, the employee's work record, the employee's length of service with the City, the employee's overall value to the City, the ability of the employee concerned and other factors as may bear on the efficient and harmonious operations of the government. While a more severe penalty than suggested in Section 15.03 may be 51 utilized, the managerial employee who does not utilize the recommended penalty for a Group I offense shall note in writing the reason for such action. E. In addition to the offenses listed in Section 15.03 below, infraction of departmental rules and regulations may subject the employee to disciplinary action up to and including discharge. . 15.02 Notice of Disciplinary Action A. Employees who are disciplined by verbal warning will have the reasons for said warning explained by their supervisor. B. In all cases of verbal warning with documentation, written warning, suspension with pay, 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 Personnel Office for placement in the employee's personnel file. All disciplinary actions shall be retained in personnel file as active for not more than one year. C. The Department Head and/or his designee shall coordinate all disciplinary action, except verbal warnings, with the Personnel Office, and shall notify the Personnel Office of any verbal warnings given. 15.03 Types of Offenses The two (2) groups recommended penalties principles concerning 15.01 shall apply: of offenses and the guide for are set forth below; however, the application as set forth in Section GROUP I OFFENSES First Offense Second Offense Third Offense Fourth Offense Documented verbal warning Written warning Up to ten (10) working days suspension without pay Up to discharge . (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, assigned work permission. wasting time, area during loitering, or working hours leaving without 52 Taking more than specified time for meals or rest periods. Productivity or satisfactory. workmanship less than entirely Loafing or sleeping on the job unless authorized. Provoking or instigating a fight or fighting while on duty. Reporting to work or working while unfit for duty, either medically, mentally, or physically. Posting or removal of any material on bulletin boards or City property unless authorized. Violation of Sections 4.05 (B) or (C) relating to solicitation and distribution. Excessive tardiness. Excessive absenteeism, regardless of the reason. Violating a safety rule or safety practice. Failure to report an accident or personal injury in which the employee was involved while on the job or in a City vehicle. (15) Engaging in horseplay, scuffling, wrestling, throwing things, malicious mischief, distracting the attention of others, catcalls, demonstrations on the job, or similar types of disorderly conduct. (16) Creating or contributing to unsafe and unsanitary conditions or poor housekeeping. (17) Failure to report the loss of a City identification card to the Department Head. (18) Failure to keep the department and/or Personnel Office notified of proper address or telephone number (if any) . . (19) Failure to work overtime, special hours or special shifts after being scheduled according to overtime and standby duty policies. (20) Leaving his post 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. 53 (21) Gambling, lottery, or engaging in any other game of chance at City work stations at any time. . (22) 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. (23) Knowingly harboring a serious communicable which may endanger other employees without the City. disease advising GROUP II OFFENSES First Offense - Discharqe (1) Failure to meet prescribed standards of work. (2) Violation of Florida Statute prohibiting public employees from participating in a strike against a public employer. (3) Incompetency, inefficiency, performance of duty. or negligence in the (4) Conviction of a non-felony criminal offense related to the performance of the employee's job or any felony. ( 5) Being under the influence of intoxicating drugs, or barbiturates (not prescribed by a while on duty or while on or in City property. liquor, doctor) (6) Unauthorized absences or abuse of leave privileges. (7) Use of official position for personal advantage. (8) Commission of any offense described in these rules and regulations or departmental rules and regulations relating to disciplinary measures for which discharge is the penalty. (9) Deliberately or negligently misusing, destroying, or damaging any City property or property of an employee. . (10) Falsification of personal or City record, including employment applications, accident records, work records, purchase orders, time sheets, or any other report, record, or document. (11) Making false claims or misrepresentation in an attempt to obtain sickness or accident benefits, or workers' compensation. 54 (12) Insubordination or the refusal assigned, or to comply with instructions of a supervisor. to perform written or work verbal (13) Unauthorized use or display of firearms, or weapons on or in City property. explosives, . (14) Removal of City property or any employee's property from City locations without proper authorization; theft of City property or any employee's property. (15) Failure to return from an authorized leave of absence. (16) Incompetence or inefficiency in the performance of assigned duties. (17) 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. (18) Absent without permission or leave (A.W.O.L.). (19) Acceptance 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. (20) Possession, use, sale, attempt to sell, or procure illegal controlled substances or alcoholic beverages while on duty, on City property, or while operating or riding in or on City equipment. (21) Refusal 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. (23) Discourteous, language or employees. insulting, abusive, or inflammatory conduct toward the public or fellow . (24) Improper racial or sexual comments, acts. harassment or 55 (25) Threatening, intimidating, coercing, or interfering with fellow employees or supervision at any time, including abusive language. . . 56 SECTION 16 GRIEVANCE PROCEDURE . 16.01 Purpose This grievance procedure is established to provide full opportunity to employees to bring to the attention of management, complaints, grievances, or situations that the employee feels need either adjustment or information. 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 employment with the City. A. An 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, to resolve a problem concerning his employment, or to question and seek to overturn any disciplinary measures taken against him. B. Only permanent and part-time permanent employees are eligible to file appeals or grievances under this procedure. Probationary employees are not considered permanent employees until completion of the probation period. Department Heads and higher levels of management shall not have the right to file grievances under this section but shall in case of demotion and discharge be entitled to pre and post action hearings under Section 16.04. 16.02 Grievance Procedure In order to assure every employee a method in can get his particular grievance considered fairly, and without reprisal, the following provided: which he rapidly, steps are STEP 1 . 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. 57 . The Supervisor will make a decision and notify the employee in writing within three (3) working days after the discussion with the employee. To assure appropriate application of City policy, the Supervisor should coordinate with the Personnel Office before reaching a decision on a grievance. STEP 2 If the aggrieved employee feels that the matter has not been settled or adjusted to his satisfaction by the Supervisor, he may submit the matter in writing to the Department Head within three (3) working days from receipt of the answer in Step 1. The Department Head will schedule a meeting with the employee within three (3) working days after receipt of the grievance. The Department Head shall give a written answer to the employee within three (3) working days after the scheduled meeting. STEP 3 If the grievance is not resolved by the decision of the Department Head, the employee may file a written appeal directly to the City Manager within three (3) working days after receipt of the written decision of the Department Head. Within three (3) working days the City Manager shall have a hearing for the employee and shall render a decision within three (3) working days thereafter. The decision of the City Manager or his designee shall be final, and the employee shall have no further right of administrative appeal. 16.03 General provisions A. The time limits of this grievance procedure may be extended up to five (5) additional working days by management or employee due to illness, emergency, vacations, business trips, or other business reasons. If an extension is required, the employee (or management) shall be notified. B. If the response time off, the reply by employee on the following. limit falls on an employee's day management shall be given to the scheduled workday immediately . C. Under this grievance procedure the employee and/or management have the opportunity to call witnesses at the Step 2 and Step 3 levels. 58 . . D. Any grievance 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. E. All grievances filed shall be information copied the Personnel Office on the day of receipt in steps. to all F. All grievances at their conclusion shall be forwarded to the Personnel Office for coordination, analysis, and filing. G. In some cases, steps in the grievance procedure may be waived at the discretion of the City Manger to allow more severe matters to progress more rapidly. H. The Personnel Office will be available at any step in the procedure to assist in any way in resolving the grievance. 16.04 Discharqe Permanent and permanent part-time employees shall be afforded procedural due process as required by law. 59 17.01 . 17.02 SECTION 17 RECORDS AND REPORTS Responsibility The Personnel Office is responsible for establishing and maintaining comprehensive central personnel records of all City employees. Records A. All personnel records of employees of the City government covered under the Personnel Management System and all other records and materials relating to the administration of the City Personnel Management System shall be considered confidential to the extent allowed by law and the property of the city. B. Employees should be aware of the importance of keeping their personnel records current. This means immediately notifying the Personnel 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. C. The Personnel Office should be informed of any special training courses completed by an employee. Copies of diplomas or certificates will be forwarded to become a permanent addition to the employee's personnel file. 17.03 Records Retention and Disposition . Consistent with applicable law, the Personnel shall determine the time limit that any personnel shall be kept on file and the final disposition records. Office records of such 61 18.01 . 18.02 SECTION 18 SAFETY Accident Prevention All Department Heads, supervisors, recognize their responsibility for a program, and will participate in implementation and improvement of Supervisors must have a continuing reasonable operational economics. and employees must successful safety the development, this program. concern with all Accident Reportinq 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 injury can cause complication of the injury and delay recovery. B. An accident must be reported within twenty-four (24) hours after the date of the accident or the report of the injury. If the accident occurs over a holiday or weekend, the accident report should then be submitted 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 Personnel Office will also be required. C. In the case of all vehicular accidents, the appropriate law enforcement agency and the employee's supervisor should be notified immediately. D. Employees not following safety rules including not reporting accidents within time limits will be subject to disciplinary action. 18.03 Safety Equipment . A. The City will 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. 63