HomeMy WebLinkAboutOrdinance 934
ORDINANCE NO. 934
First Reading 10-21-86
Second Reading==~1:~26====
.
AN ORDINANCE OF THE CITY OF OCOEE.
FLORIDA. REVISING CODE UF ORUINAN~~~.
OCOEE, FLORIDA APP~NU!X~. W~~AT!N~ TU
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OCOEE. FLORIDA. PRUV.1.U.1.Nb ~UR
ADMINISTRATIVE DIRECTION. PROVIDING
INTENT. SEVERABILITY AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Ocoee Board of Commissioners is
most interested in providing the most current personnel
policies and regulations 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:
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 with an
opportunity for honorable and useful employment.
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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
supervisor. The authority for the management of each
department is vested with the Department Head. In accordance
with the provisions contained in the Charter of the City 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.
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r
BOARD OF CITY COMMISSIONERS
INTRODUCTION
SECTION 0.02.
Intent.
It shall be the intent of the Board
Commissioners and other officials that:
of
City
(1) The employees of the City of Ocoee be productive
persons who perform a useful purpose.
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(2) There shall be no employees 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, disquiet, institute rumors or by any
other act cause dissension and inefficiency in City
Government.
(4) All Department heads and employees shall comply
with and assist in carrying out the personnel pro-
gram, including the furnishing of records and in-
formation at the request of the City Manager.
NOTE: This Appendix refers to employees as "he".
purpose of this policy, "he" will be considered a
term, to include female employees.
For the
generic
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 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 the effective date of this Ordinance are
hereby rescinded.
ARTICLE I.
GENERAL POLICIES
SECTION 1.01. Political Activity.
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(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 anything else of value to any party, committee,
organization, agency, or person for political purposes.
Nothing in this subsection shall prohibit an employee from
suggesting to another employee in a noncoercive manner that
he may voluntarily contribute to a fund which is administered
by a party, committee, organization, agency, person, labor
union or other employee organization for political purposes.
(2) No employee shall use his official authority or
influence for the purpose of interfering with an election
for or a nomination 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.
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,
(4) Nothing in this policy shall prevent an employee
from becoming a member of a political club or organization or
attending meetings of such club or organizations or of
expressing his opinion on all political club or organizations
except those specifically prohibited above, or from enJoying
freedom from all interferences in casting his vote.
(5) No employee shall hold office as a member of the
government 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.
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(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 candidates. 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
political office will be placed on personal
on the date of qualifying for election and
while a political candidate.
candidate for
leave of absence
will so remain
(8) It is the intent of this policy to maintain an
impartial city service and to work toward the ideal of a
public service 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 employment 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 City
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.
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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 supplier, 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.)
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SECTION 1.0~. Oiacloaure of Information.
The City of Ocoee, Florida, is a Municipal Government
and consequently subJect to all portions of State and
Federal Legislation 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 Reatrictiona.
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No spouse or member of the immediate family of a City
employee or of any member of the City Commission will be
hired, promoted, transferred or retained on a permanent or
temporary basis within the Personnel 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
officials, 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 authorized to collect and
disburse city funds. Collections of fines, forfeitures and
bonds by the police department personnel is authorized and
will be deposited in city hall as soon as possible following
collection.
SECTION 1.09. Sexual Harassment on the Job.
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(1) Definition. Harassment on the basis of sex is a
violation 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) submission 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
intimidating, 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
discriminatin issued by the Equal Opportunity Commission, the
City endorses the following policy:
(i) It is illegal and against the policies of
this City for any employee, male or female, to sex-
ually harass another employee by (a) making unwelcomed
sexual advances or request for sexual favors or other
verbal or physical conduct of a sexual nature, a con-
4
dition of an employee's continued 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.
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(ii) Any employee who believes he or she has been the
subJect of sexual harassment should report the alleged
act immediately, (within 24 hours after the alleged
harassment occurs) to the City Manager or the Personnel
Office. An investigation of all complaints will be un-
dertaken immediately. Any supervisor, agent or other
employee who has been found by the City after appropri-
ate investigation to have sexually harrassed another
employee, will be subJect to 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
particular action or incident is a purely personal, social
relationship without a discriminatory 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 harass-
ment can have serious effects on innocent women and men. We
trust that all employees of the City will continue to act
responsibly to establish a pleasant working environment free
of discrimination. The City encourages any employee to raise
questions he or she may have regarding discrimination or
affirmative action with the City Manager.
SECTION 1.10. Literacy Te.t.
Literacy tests may be administered as a part of the
recruiting and Job interview process when a candidate is
being considered for employment with the City. If such a
test is administered, 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.
ARTICLE 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:
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(1) Permanent employee;
(2) Probationary Permanent Employee;
(3) Temporary employee
(A) Definitions of types of original employment:
(i) Permanent:
Permanent employment will be made to a
classification for permanently budgeted career
positions.
(a) A permanent employee shall be eligi-
ble for all city fringe benefits immedi-
ately upon establishing a continuous
service date.
(b) A permanent employee is one who has
satisfactorily completed his probation-
ary period.
(ii) Probationary Permanent Employee:
A probationay permanent employee shall be an
individual hired to fill a regularly Commissioned
5
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.
(iii) Temporary:
(a) Temporary employemnt may be made when
the work oz a department requires the services oz
one or more employees on a seasonal or intermittent
basis.
(b) A temporary employee shall not be
eligible zor City fringe benezits.
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(B) Employment of department heads; the City Manager
shall review and approve the employment or promotion of a
department supervisor.
SECTION 2.02. Probationary Period.
(1) The first three (3) months of City service,
promotion or transfer shall be considered a probationary
period zor all employees. Upon approval by the City Manager,
an employee's probationary period may be extended up to an
additional three (3) months. All sworn personnel in the
police department and zirezighter personnel in the zire
department shall have a special six (6) month probationary
period which may be extended by an additional three (3)
months as previously provided herein.
(2) If the employee is found to be unsatisfactory
during his probationary period following employment, he may
be terminated without recourse. Disciplinary action oz
probationary employees by a Supervisor may be appealed to the
City Manager.
(3) An employee in probationary status may not be
eligible for certain fringe benezits, until the probationary
period is satiszactorily completed. However, such benefits
shall be granted to the employee zor service time worked on
completion of probationary period.
(1) Continuous service:
(A) An employee's continuous service date shall
be established as the most recent date of hire and may
not precede 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 considered a break in service ezzective at the
end oz the employee's regular shizt on the last day oz
work.
(C) Any unauthorized leave without pay for more
than three (3) consecutive workdays shall be considered
a break in service.
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(2) Creditable service: Creditable service shall
construed as service during which the employee was on
payroll of the City.
be
the
(3) Basis for change of status: In considering
employees zor promotion, demotion, layozf, recall zrom layozf
or transzer, Job perzormance shall be the sole criterion.
Job performance being equal, continuous service shall be the
criterion.
ARTICLE III. PAY PLAN
and
Pay
will
scales are set by the Board of City Commissioners
not be altered or changed unless by express
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permission of the City Manager.
(A) The Board of City Commissioners
review salaries and may, at their discretion,
salaries as necessary.
will annually
raise or lower
(B) Police officers incentive plan:
administered as established by State Legislation.
Will
be
ARTICLE IV.
NORMAL OPERATING PROCEDURES
SECTION 4.01
Overtime Work.
(A) Statement of policy: The City of Ocoee will
continue to comply with mandated sanctions of the U.S.
Department of Labor, not only with regards to overtime, but
e all other policies as well.
(1) The employment and work program
department should be arranged so as to reduce to
the necessity for overtime work, except in
situations.
of each
a minimum
emergency
(2) It is intended, however, that employees
should be expected to work, in a reasonable period, beyond
regular working hours or during lunch periods 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 1/ 2) times the
employee's rate 0% 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 0%% on a 1 1/2
multiplier basis %or the extra hours which he worked.
Compensatory time must be paid to the employee at the rate 0%
time and a half times his normal rate 0% pay, in accordance
with standards set by the U.S. Department 0% Labor.
(2) Compensatory overtime must be authorized by
the department head prior to the per%ormance 0% overtime work
and should be credited to the employee as soon as practical
%ollowing the overtime work.
(3) Each department head should make every effort
to allow employees to use their earned compensatory leave as
promptly as it mutually convenient for the department and the
employee, however, an employee may be required to use his
earned compensatory leave at any time.
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(4) A record of earned compensatory time will be
maintained by the department head.
ARTICLE V. HOLIDAYS
SECTION 5.01. Official Holidays.
The following holidays which shall be observed by all
departments in which %unctions can be discontinued without
adversely affecting required services to the public.
(a) New Year's Day, January 1
(b) Memorial Day, as applicable
(c) Independence Day, July 4
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(d) Labor Day, first Monday ~n September
<e) Thanksgiving Day, designated 1"hursday 1n November
<f) Friday after Thanksgiv~ng
(g) Christmas ~ve, December ~4
<h) Chr~stmas Day, December ~~
<i) One floating holiday to be useo as v1ty ~oaro OI
Comm1ss~oners sees t1t wnen nOi1oays %Sii one Osy
trom a wee~eno.
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SECTION 5.02. Eligibility.
All employees on the active payroll on the date ot the
holiday shall be eligible for holiday pay at their regular
rate of pay.
SECTION ~.03. Work during Holiday.
Each eligible employee shall be given the number of
designated holidays each year. However, if the work
requirements of the departments are such that an employee is
required to work on any of the holidays designated, he shall
be credited with compensatory leave equal to 1 1/2 time when
he is on duty.
SECTION 5.04. Holiday falling on a weekend.
When a holiday falls on Saturday, the preceeding Friday
shall be observed as a holiday. When a holiday falls on
Sunday, the following Monday shall be observed as a holiday.
SECTION ~.O~. Holiday. during paid leave.
Employees on annual or sick leave during
designated holidays occur shall not have the
holiday charged against their accrued leave.
periods
day of
when
the
ARTICLE VI. ANNUAL VACATION
SECTION 6.01. Eligibility.
Only permanent employees shall earn annual leave.
Temporary, emergency or other part-time [employees] shall not
be eligible to accrue annual leave.
SECTION
6.02.
Accrual of
continuou.
hire.
annual vacation
.ervice-dat.e of
(baaed on
1I\0.t recent
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For all City employees the following vacation schedule
will apply. Periods of service must be consecutive in order
to be eligible 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 period the employee commenced
working with the City. Employees must comlete six months of
satisfactory service before becoming eligible for leave.
One (1) to Seven (7) years - Two (2) weeks vacation.
Eight (8)
vacation.
to Fifteen (15) years - Three
(3)
weeks
Sixteen (16) years or over - Four (4) weeks vacation.
SECTION 6.03 U.. of annual vacation.
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(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.
(8) 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.
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When an officel holiday occurs whle 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's current rate of pay.
(8) In case of death of an employee, payment for unused
annual leave shall be made to the employee's beneficiary,
estate or as provided by law.
ARTICLE VII.
SICK LEAVE
(A) All City permanent employees shall earn and accumu-
late paid sick leave. Temporary, emergency and part-time em-
ployees shall not be eligible to earn or accrue sick leave.
(8) Permanent employees of the City of Ocoee will be
credited with one day of sick leave each month, totalling
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 purchased back from the
employee, at the end of the Fiscal year, eight (8) hours pay
for each day over twenty-four (24) 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)
employee
Leave,
employees
Accumulated sick leave may
is on Worker's Compensation
to supplement the employee
normal rate of pay.
be charged when an
or Disability Sick
benefit, up to the
(E) Employees are responsible for insuring that their
supervisors are notified each day when sick leave is used.
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(F) Supervisors will require employees to present a
doctor'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 incapcitation 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
be paid for all accumulated sick leave at
current rate of pay at the time of
resignation.
or resigned will
that employee's
termination or
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(H) The sick leave policy regulations and procedures,
as adopted. shall apply to all personnel under the Jurisdic-
tion of the Board of City Commissioners and the City Manager.
VIII.
DISABILITY SICK LEAVE INSURANCE
(A) All City probationary permanent employees shall be
eligible %or the disability insurance and li%e insurance the
%irst 0% the month %ollowing thirty (30) days from the date
0% employment.
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(B) An employee who is disabled by illness or inJury,
which incurred sometime other than normal working hours of
"off-duty". is entitled to Disability Sick Leave. The
disability must not be a result %rom a sel%-inflicted inJury
or negligence. The employee must supply his supervisor with
a physician's certification 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 re-
turn to work at the expiration 0% the ninety day (90) period.
the case shall be reviewed by the City Manager to approve or
disapprove the continuation 0% disability sick leave status.
I% approved by the City Manager. the leave status shall
continue %or the duration 0% actual disability. up to a maxi-
mum 0% an additional ninety (90) days. a%ter which it shall
terminate. as mandated by State Laws. If approved by the
City Manager the disability leave status shall terminate
immediately.
(D) During the disability sick leave status time period
as employee may use any accrued sick leave or vacation
benefits accrued to supplement his disability sick leave
bene%its. up to the employees normal rate 0% pay.
(E) In addition to the time limitations set forth
above. disability sick leave status may be terminated by: 1.
The employee's physician certi%ication that the employee is
physically 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)
shall not
bene%its.
position.
While on disability sick leave status an employee
accrue any regular sick leave bene%its. or vacation
but shall not lose their seniority of their Job
IX. FUNERAL LEAVE
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(A) In the event of the death of a member of the
immediate %amily; child. parent. spouse. brother. sister.
guardian. step-parents. step-children. grandparents (both
sides). parents-in-law; the department head shall be notified
and su%ficient working days leave will be granted to an
employee to allow for a total of three (3) days funeral
leave.
(B) If the funeral is at such distance that more than
three (3) days %uneral leave is desired. the funeral leave
may be extended upon application for such extension at the
discretion 0% the City Manager. Such extension of time shall
be charged against the employee's accumulated sick leave
credit.
(C)
period of
Only scheduled working days falling within
funeral leave will be compensated for.
the
X. WORKERS' COMPENSATION
10
(A)
provide
inJured
activity
It shall be the policy of the City of
Workers' Compensation Benefits to any
or incurs an illness related to the
while "on-duty".
Ocoee to
employee
employee's
(B) InJury Reporting. All employees inJuries, of any
description or size, shall be immediately reported to the
supervisor by the inJured employee. The supervisor must
insure that a "Notice of InJury" is completed.
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(C) An inJured employee shall be paid reguiar saiary
for the first seven (/) days ot h1S/her inJury. Un the
eighth day, Workers' Compensation benefits will commence.
The employee may, if he/ she chooses, charge the1r
accumulated sick leave or accumulated vacation benef1ts to
supplement the Workers' Compensation benefits up to the1r
regular rate of pay. If the empioyee does not have any
benefits accumulated, the employee wiil only be ent1tled to
the Workers' Compensation Benefit.
(D) In the event an employee refuses medical care,
signed statement to this effect should be obta1ned ~rom
employee and submitted with the accident report, by
supervisor.
a
the
the
XI. LEAVE OF ABSENCE
SECTION 11.01 Administrative Leave.
(A) Court:
(1) An employee who is subpoenaed as a pro-
spective 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 defendant or is engaged in personal 11t1gat10n,
unless such actions are a result of an act performed by
the employee as a part of his official duties as an em-
ployee of the City.
(B) Elections: An employee who lives at such a
distance from his assigned work locations as to preclude his
voting outside of working hours, may be authorized as much
time as necessary, with pay, for this purpose. An employee
shall not be granted administrative leave to work at the
polls during elections.
(C) Meetings: In cases where it is deemed by the
department head to be beneficial to the City, an employee may
be granted leave with pay to attend such professional
meetings or conferences as may contribute to the
effectiveness of his employment.
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(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 City 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 his purpose.
SECTION 11.02 Maternity Leave.
(A) An employee may be allowed to remain in employment
until the condition of pregnance affects satisfactory Job
performance. This decision will take into consideration the
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written medical opinion of the employee's physician,
nature of the Job regarding physical stress, and
employee's ability to perform normal Job duties with
efficiency.
the
the
full
<B) Employee may return to work after the pregnancy has
been conpleted and released by a physician.
SECTION 11.03 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) calendar days beyond the date of separation from
the military service.
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<B) All unused leave benefits shall be retained by the
employee who shall have the same credited to his record if he
applies for reinstatement to his position in accordance with
"C" below. During 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 within ninety (90) calendar
days after separation. The City may require the employee to
submit to a medical examination to determine the 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 11.04 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:
City will continue to maintain group insurance benefits
employee while on leave with pay.
The
for
XII. DISCIPLINARY ACTIONS.
SECTION 12.01 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 disciplinary actions 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 12.02 Disciplinary Actions.
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When
the action
set forth
Ordinance.
it is necessary that disciplinary action be taken
shall be based upon: the Disciplinary Procedures
in the Personnel Rules and Regulations and this
ARTICLE XIII.
IN GENERAL
SECTION 13.01 Declaration of Personnel Policy.
Under the authority granted to the City Commission by
Article III, Section 12, of the Charter of the City of Ocoee
the following personnel principles and policies are
established:
12
(a) Employment by the City of Ocoee shall be based upon
merit and shall be free of personal and political
considerations.
(b) Just and equitable incentives and conditions of
employment shall be established and maintained to
promote efficiency and economy in the operation of
City Government.
(c) Positions having similar Job factors and levels of
difficulty shall be classified and compensated on
a uniform basis.
e
(d) Appointments and other personnel action involving a
change in employee status requiring the application
of the merit principle shall be based upon
evaluations, test and/or examinations.
(e) Every effort shall be made to stimulate high morale
by fair administration of this article and by every
consideration of the rights and interests of
employees, consistent with the best interest of the
public and of the City.
(f) Continuity of employment covered by this article
shall be subJect to good behavior, satisfactory
attendance and performance at work, necessity for
the performance of work, and availability of funds.
SECTION 13.02 Coverage.
All offices and positions in the employ of the City of
Ocoee shall be and are hereby allocated to the Personnel
System excepting only those hereinafter specifically
exempted. Those offices and positions specifically are
exempted are:
(a) All Elected Officials
(b) All persons appointed to fill vacancies in elective
office
(c) Members of the Board, Commissions and Committees,
serving with or without pay
(d) The City Attorney and any Assistant City Attorney
(e) The Chief of Police, the Chief of the Fire Depart-
ment, Finance Director, the Building Official, the
Recreational Director and the Public Works Director
(f) The City Manager and Deputy of the City Manager
(g) Architects, auditors, consultants, counsel, engi-
neers, and other rendering temporary services.
Unless specifically designated otherwise, personnel
policies and rules and regulations apply to all persons
employed under the Personnel System.
-
ARTICLE XIV.
ORGANIZATION BY CITY MANAGER
SECTION 14.01
The City Manager shall have the basic responsibility for
the Personnel System program as set forth in this article.
SECTION 14.02 The City Manager specifically shall:
13
(a) Be responsible for the effective administration and
technical direction of the personnel programs.
(b) Appoint, remove, suspend and discipline all
officers and employees of the City under his
Jurisdiction. subJect to the policies set forth in
this article. provisions of the City Charter. and
those in State Law. or he may. at his descretion
authorize the head of a department or office
responsible to him to exercise any or several such
powers. in such department or office.
-
(c) Fix and establish the number of employees in
various City departments and offices under his
Jurisdiction and determine the duties and
compensation in accordance with the policies set
forth in this article and subJect to the approval
of the City Commission and budget limitations.
(d) Establish a personnel office for the purpose of
maintaining such records as are deemed necessary
for the proper functioning of the Personnel System.
(e) Cause to be printed such self-explanatory forms as
are deemed necessary for the proper and orderly
control and recording of all personnel changes and
actions, which shall require the signatures of
those properly responsible to initiate and approve
personnel actions in order to be valid.
(f)
Recommend rules and regulations and revisions
amendments thereto for the consideration of
City Commission.
and
the
(g) Prepare and recommend a position classification
plan for all employees for the consideration of the
City Commission and install and maintain such a
plan. as approved.
(h) Prepare and recommend a position compensation plan
for all employees for the consideration of the City
Commission and install and maintain such a plan. as
approved.
(i) Establish and maintain a roster of all persons
employed setting forth each employee. the class
title of his position. compensation. changes in
class title, changes in status and such other data
as may be deemed desirable or useful.
(J) Develop and administer such recruiting programs and
such evaluating, examining and testing programs as
may be necessary to obtain an adequate supply of
competent applicants to meet the needs of the City.
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(k)
Be responsible for the certification of
payrolls.
all
(1) Develop and coordinate training and education
programs for City Employees.
(m) Investigate periodically the operation and effort
of the personnel provisions of this article and the
Rules and Regulations and at least annually, report
his findings and recommendations to the City
Commission.
(n) Perform such other duties and exercise such other
powers in personnel administration as may be
prescribed by law. this article, and the Rules and
14
Regulations.
ARTICLE XV..
GRIEVANCES
SECTION 15.01 DEFINITION
A grievance shall be defined as a problem arising
the interpretation or application of this Ordinance or
Rules and Regulations.
from
the
SECTION 15.02 POLICY
.
It is the
promptly and
problem exists
may use this
condition.
City's policy to consider employee greivances
fairly. Any regular employee who believes a
which constitutes a grievance as above defined
procedure to apply for relief from that
SECTION 1~.03 PROCEDURE
The following
grievances. Time
working days.
procedure
expressed
shall be followed on
in terms of days shall
all
mean
(a) Within Five (5) days of occurrence of the problem ,
the employee shall discuss the matter with his/her
department head. If settlement cannot be achieved
within three (3) days thereafter, the problem shall
be reduced to writing by the employee and delivered
to the City Manager within three (3) days
thereafter.
(b) Within (3) days of receipt of the written grievance
from the employee, the City Manager, or his
designee for such purpose, shall meet and confer
Jointly with the employee and the department head,
and hear both sides of the grievance. The City
Manager shall render his decision on the matter
within two (2) days thereafter and shall forthwith
deliver a written copy thereof to both the employee
and the department head.
ARTICLE XVI. PERSONNEL SYSTEM RULES AND REGULATIONS
SECTION 16.01 Adoption
The Personnel System Rules and Regulations shall cover
procedures and policies to govern the following phases of the
Personnel System's personnel program.
Announcement of vacancies and examinations
Acceptance of applications for examinations
Character and conduct of examinations
Establish and use of eligibility lists
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Certification and appointment from eligibility lists
Hours of work and work weeks, Nepotism and Political
Activity
Attendance Regulations
Holidy regulations, Safety and Workers Compensation
Position classification, Incentive program
Position compensation, Employee Service Reports
Transfers, proMotions, and reinstatements
15
Probation
Suspension, demotion and dismissal
Leave regulations
Outside employment
Employee Service Reports and ratings, including proba-
tions
Employee Review requests
Such other matters as may be necessary and proper to
carry out the purpose and intent of this article.
e
SECTION 16.02. Amendment of Rule. and Regulation..
Amendments of the Personnel Rules and Regulations may be
proposed by the City Manager and will become effective upon
approval by the City Commission by Ordinance.
ARTICLE XVII. APPOINTMENTS
The Personnel Rules and Regulations shall provide for
the employment of persons on the basis of merit in conformity
with this Ordinance.
(a) An
recruitment
be hired on
eligibility
orderly and systematic method of
to insure that all those employeed will
a merit basis, and the establishment of
lists for appointment purposes.
(b) In the absence of appropriate eligibility
lists or acceptable certified eligibles, a vacancy
may be filled by temporary appointment, provided
that an eligibililty list shall be etablished for
such position within twelve (12) months from the
effective date of the first temporary appointment.
(c) During the period of suspension of an
employee, or pending final action of proceedings to
review suspension, demotion or dismissal of an
employee, the appointing authority may only
temporarily fill the vacancy created.
ARTICLE XVIII. CLASSIFICATION PLAN
SECTION 18.01. Preparation.
In preparing the classification plan as required by
this article, it shall be the respsonsibility of the City
Manager to ascertain the Job factors and levels of difficulty
of all positions subJect to this article.
e
After all necesary consultations, the City Manager
shall prepare a position classification plan which shall
group all positions in the Personnel Rules and Regulations in
classes based on their Job factors and levels of difficulty.
The position classification plan shall set forth for
each class of positions, or position, a class title, a
statement of duties, authority and responsibilities thereof,
and the qualifications necessary or desirable for the
satisfactory performance of the duties of the position.
SECTION 18.02. Adoption and Amendment
The City Manager shall review the classification plan
and after any necessary consultations shall make such
modifications as the City Manager believes to be proper and
16
submit the classification plan to the City Commission.
ARTICLE XIX. COMPENSATION PLAN.
SECTION 19.01
The City Manager shall develop a uniform and equitable
compensation plan, consisting of minimum, intermediate and
maximum rates of compensation for each class of positions.
e
Compensation rates for each class of positions shall be
coordinated with the position classification plan and shall
be based on requisite Job factors and levels of difficulty,
general rates of pay for comparable work in public and
private employment in the area, or in a significant area,
cost of living data, maintenance and other benefits received
by e.ployees, and other economic considerations.
SECTION 19.02. Effect of Compen.etion Plene
Of the effective date of new or revised compensation
plan, employees receiving less than the minimum rate for
their class of position shall be increased to the minimum
rate of the compensation range therefore.
Employees receiving more than the maximum rate for
their class of position shall continue to receive the same
rate of compensation, unless an exception is requested by the
Department Head and approved by the City Manager, in which
case such an employee's rate of compensation shall be reduced
to the maximum rate of compensation for that class of
position.
SECTION 19.03.
Adoption and Amendment
The City Manager shall review the compensation
and after any necessay consultants shall make
modifications as the City Manager believes to be proper
submit the compensation plans to the City Commission.
plans
such
and
The compensation plans as presented, or as amended by
the City Commission, shall become effective upon passage by
the City Commission.
The compensation plans may be amended from time to time
in the same manner as that in which they were adopted.
ARTICLE XX. SOLICITATION OF CONTRIBUTIONS
No solicitation of funds of any character for any
purpose whatsoever shall be permitted by or of employees of
the Personnel System of the City on the Job, except with the
expressed prior approval of the City Manager.
ARTICLE XXI.
CONSULTATION WITH EMPLOYEES
SECTION 21.01
e
The City Manager is authorized to consult with, or
receive suggestions from: individual City employees; groups
of City employees or representative of organizations of
City employees concerning matters of the Personnel System
Rules and Regulations.
SECTION 21.02
The City Manager may, where it is deemed appropriate.
refer any requests from City employees to the City Commission
along with his recommendations for its consideration.
On matters within the discretion of the City Manager, he
shall give due consideration to the view of employees.
17
r
SECTION 21.03
Nothing herein, however,
depriving the City Commission
right to make final decisions on
have ultimate responsibility.
shall be interpreted
or the City Manager of
matters for which only
as
the
they
ARTICLE XXII - REPEAL OF ORDINANCES IN CONFLICT. SEVERABILITY &
EFFECTIVE DATE
SECTION 22.01.
Any portion of Appendix "C",
Ordinances that conflict with this
hereby rescinded.
of the City Code of
Personnel System are
e
SECTION 22.02
That there are and have been copies of
"Personnel System Rules and Regulations" which are
this Ordinance by reference, presently on file in
of the City Manager of the City of Ocoee, Florida.
the said
adopted by
the office
SECTION 22.03
It is hereby declared the intent of this Ordinance is
that the sections, paragraphs. sentences, clauses and phrases
of this Ordinance are severable and if any phrase, clause,
sentence, paragraph, or section of this Ordinance shall be
delcared unconstitutional or invalid by the valid Judge or
Decree of a Court of competent Jurisdiction, such
unconstitutionality or invalidity shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections
of this Ordinance. Any section of the Municipal Code of the
City of Ocoee, Florida, not specifically amended, modified or
repealed herein, shall remain in full force.
SECTION 22.04
This
passage.
Ordinance shall take effect immediately upon
SECTION 22.05
Permission to Codify this Ordinance in the Ocoee Code of
Ordinances is hereby granted.
ENACTED THIS _Ll~______DAY OF ~__, 1986.
CITY OF OCOEE, FLORIDA
:!ii~ r;2 ))mvtJ
MAYOR
e
ATTEST:
~w_~____
CITY CLERK
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